What are the Qualifications to Run as Senator in the Philippines?

What are the Qualifications to Run as Senator in the Philippines?

This article talks about the qualifications to run as Senator in the Philippines.

Qualifications under the Constitution

Unlike the requirements of some private companies insofar as credentials are concerned, the qualifications to run as Senator in the Philippines are quite easy. Art. VI, Sec. 3 of the Constitution states:

“SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.”

As such, here are the basic qualifications to run as Senator in the Philippines:

1. natural born citizen of the Philippines

2. registered voter

3. able to read and write

4. at least 35 years of age on the day of election

5.  a resident of the Philippines for not less than 2 years immediately preceding the day of the election

Prohibition on Additional Requirements

The qualifications are so basic such that the NO additional qualifications may be added. Thus, in the case of Social Justice Society vs. Dangerous Drugs Board, G.R. No. 157870, 03 November 2008, the Supreme Court struck down a provision in the Comprehensive Dangerous Drugs Act of 2002 (RA 9165) which requires candidates for public office (insofar as Senators are concerned) to undergo a mandatory drug test and ruled in this wise:

“Sec. 36(g) of RA 9165, as sought to be implemented by the assailed COMELEC resolution, effectively enlarges the qualification requirements enumerated in the Sec. 3, Art. VI of the Constitution.  As couched, said Sec. 36(g) unmistakably requires a candidate for senator to be certified illegal-drug clean, obviously as a pre-condition to the validity of a certificate of candidacy for senator or, with like effect, a condition sine qua non to be voted upon and, if proper, be proclaimed as senator-elect. The COMELEC resolution completes the chain with the proviso that “[n]o person elected to any public office shall enter upon the duties of his office until he has undergone mandatory drug test.”  Viewed, therefore, in its proper context, Sec. 36(g) of RA 9165 and the implementing COMELEC Resolution add another qualification layer to what the 1987 Constitution, at the minimum, requires for membership in the Senate. Whether or not the drug-free bar set up under the challenged provision is to be hurdled before or after election is really of no moment, as getting elected would be of little value if one cannot assume office for non-compliance with the drug-testing requirement.”

Hence, only the qualifications as stated in the Constitution, nothing more, are required to run as Senator in the Philippines.

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If you need assistance on Philippine election law matters, we can help you. Nicolas and de Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com.

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