Back to the future's past: An overview of the recently concluded 2022 National Elections
Date
2021
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Abstract
(Extract)
With the pandemic placing additional stress on both private and government institutions, the Philippines is at a historic crossroads with the need to elect leaders who can propel the nation toward economic recovery and democratic awakening. Last May 9, 2022, approximately 67.5 million Filipinos went to the polling precincts to decide who the next leaders should be. There were thousands of positions up for election all over the country, ranging from the Presidency, Vice Presidency, seats in the Senate, and up to 18,000 local positions, including provincial governors and city mayors.
As laid out by the 1987 Constitution, those aspiring to be President and Vice President must be natural-born citizens of the Philippines, registered voters, able to read and write, at least forty (40) years of age on the day of the election, and residents of the Philippines for at least ten (10) years immediately preceding such election. Aspiring senators must be natural-born citizens of the Philippines, registered voters, able to read and write, at least thirty-five (35) years of age on the day of the election, and residents of the Philippines for not less than two years before the election day...
...While there are many questions regarding the legitimacy of the recently-concluded May 2022 elections,
most especially the presidency of Ferdinand Marcos Jr., it is already moot and academic to wage a legal battle against it as the Supreme Court has decided that the elections were just and valid. Nevertheless, we shall be forward-thinkers and hope that this administration will perform for the next six years. More so, we must be vigilant in protecting our rights, especially our human rights. We must oppose any act that threatens our civil and political rights as elections are not the end to what we can collectively achieve as a nation, but a new beginning for nation and citizenship building.
We should all remind ourselves that no one is above the law, not even the President himself. Every Filipino
should be a law-abiding citizen even when it comes to adhering to simple rules in our daily lives. The law maintains peace and justice and keeps us away from chaos and futility. Let us all be game-changers in our society by fighting for our causes and advocacies. Let us not succumb to evil intentions and peacefully combat those who are trying to undermine the rule of law.
Description
The first chapter provides the reader with both the historical and political context that has shaped election results. Co-authored by the seven student editors of the Journal (Clyde Gacayan, Edson Yap, Kirby Aguaras, Rene Aviles, Vanessa Silla, Theda Gumban & Mike Guillem) this chapter is a recollection of the most important events of the election which were revisited to provide context to the most pressing legal questions that surrounded the polls. This includes the pre-campaign period, where the rules on substitution of candidates have seemingly worked in favor of the Marcos-Duterte tandem. Further, the campaign period, which is regulated by Republic Act (R.A.) No. 9006 or the Fair Elections Act, was marked by legal challenges as to campaign spending and the use of different media platforms, such as social media and ‘Operation Baklas” of the COMELEC, against which the Supreme Court issued a temporary restraining order as early as March 8, 2022. The May 9 polls, despite having a high voter turnout of 82.6%, were characterized by international observers as not meeting global standards for a free and fair election, as reports of election-related human rights violations surfaced. As early as the evening of election day, the landslide win of the Marcos-Duterte tandem became apparent yet unconvincing to many. What happened thereafter was unprecedented in Philippine electoral history. There were no pre-proclamation controversies nor election contests filed specifically against Marcos Jr., and his inauguration as the 17th President of the Republic of the Philippines went smoothly, overshadowing his family’s legal theatrics to escape liability from the 21-year dictatorial rule of his father, Ferdinand Marcos, Sr.
