Atty. Rivera Explains Why Drug Testing on Candidates Are Not Allowed

Veteran San Beda lawyer and prominent social media personality explained in layman's terms the reasons why drug testing on candidates are not allowed based on the Philippine Constitution.


According to Atty. Rivera many think Pres. Rody Duterte would support this move and many were also shocked when the public was made aware that our President does not support the call for drug testing among candidates.

The veteran lawyer noted that it is something that only lawyers would understand why drug testing is not allowed on candidates.



Based upon the 1987 Philippine Constitution which set the qualification for those who would run for the Senate and House of Representatives, and there's no mention of undergoing a drug tests among aspirants.

Here's the Simple But Complete Explanations of Atty. Bruce Rivera:

WHY IS DRUG TESTING ON CANDIDATES NOT ALLOWED

Many think PRD would support this move and many were also shocked when the public was made aware that our President does not support it.

But why?

It is something lawyers would understand. The 1987 Constitution has set the qualification for those who would run for the Senate and House of Representatives , to wit:



ARTICLE VI

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.

SECTION 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election

You see, when the Constitution sets minimum qualifications, no law can add to it or set additional qualifications. Hence, by insisting on a drug-free candidate is tantamount to adding an additional qualification which is not found in the fundamental law.

As for the other local government candidates whose qualification is set by law, it also needs another law to add a qualification of being drug-free.

PRD is not reneging on his war on drugs. It is just that as President, he is duty bound to uphold the Constitution and the law. Otherwise, the opponents will have a field day impeaching him.

Bruce Villafuerte Rivera

Atty. Rivera Explains Why Drug Testing on Candidates Are Not Allowed Atty. Rivera Explains Why Drug Testing on Candidates Are Not Allowed Reviewed by Phil Newsome on October 20, 2018 Rating: 5
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