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Let go and let Grace

By Arvin Antonio Ortiz


A Makati-based company listed in JobStreet.com is looking for a Chief
Operation Officers (COO). The applicant must be a Graduate of Business
Administration preferably with an MBA or other graduate studies; with at
least 20 years of experience as COO or General Manager of a sizeable
company with multi-branch operations nationwide; with strong analytical,
leadership, and interpersonal skills; with excellent oral and written
communication skills; highly results and achievement-oriented; and with high
degree of integrity.
In 2016, the Philippines will be looking for a new President who will lead us
for better or for worse. What are the requirements? Under the 1987
Philippine Constitution, the candidate for the presidency must be a naturalborn citizen of the Philippines, a registered voter, able to read and write, at
least forty years of age on the day of the election, and a resident of the
Philippines for at least ten years immediately preceding such election.
Obviously, the president of this country is more important than a company
COO. The president is the countrys Chief Executive. He wields far more
powers and influence than any person in the country. He appoints the people
who run the daily affairs of our government. He can callout the military and
may even declare martial law. He can pardon convicted criminals. He can
contract foreign loans. And if one were to believe the Supreme Court in
Marcos v. Manglapus, his power is more than the sum of specific powers
enumerated in the Constitution.
Given the vast powers a president wields, why are the requirements very
minimal? A friend of mine decried that with these requirements even a
tambay can become a president.
Of course, the wisdom behind this is that in a democratic society, it is the
people who decide the fitness of any presidential candidate, for each
enfranchised citizen is a particle of popular sovereignty and the ultimate
source of established authority.
Thus in electing the countrys next president, the people, not the court,
judge best. Had the Constitution decreed otherwise, it would have provided
stiffer requirements.
Now there are four disqualification cases against Grace Poe. All are based on
the ground that she does not meet the citizenship requirement. I think they
should be decided the way the cases of Ronald Allan Poe (more popularly
known as FPJ), Graces father, were decided.

A little over a decade ago, FPJ ran for the presidency. After he filed his
certificate of candidacy, three cases were brought against him, all
questioning his citizenship. Ultimately, the Supreme Court ruled for FPJ
(Tecson v. COMELEC).
In his separate concurring opinion, Justice Puno said, Given the
indecisiveness of the votes of the members of this Court, the better policy
approach is to let the people decide who will be the next President. For on
political questions, this Court may err but the sovereign people will not. To be
sure, the Constitution did not grant to the unelected members of this Court
the right to elect in behalf of the people.
Legal experts say it is legally defensible that Poe is a natural-born Filipino. If
Poes opponents think she doesnt deserve to be the president, why not let
the people decide through their votes.
Instead of haranguing Poe with disqualification cases, let her run. The least
her opponents could do is show the voters why shes no better alternative,
so they can make an informed choice.

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