Should the 2019 Mid-term Elections be postponed?

Affirmative

To continue with the issue in dispute, my point is to explain on why should the 2019 Mid-
term Elections be postponed with regards to the public welfare. As provided for in Article XVIII
Section 2 of the 1987 Constitution, it expressly declares the staggering of terms of the members
of the Senate and the election of all the members of the House of Representatives every 3 years.
Therefore, there would be 12 new senators and new members of the House of Representatives
which will be elected if the 2019 Mid-term Elections will not be postponed. As stated by the
previous speeches of my colleagues, the Philippines is on the process of changing its type of
government from Democratic Republican to a Federal State in which the drafting would be
conducted by a Constituent Assembly which will be composed of all members of the bicameral
Congress of the Philippines (Senate and the House of Representatives). If the Mid-term elections
will not be postponed and the drafting of the new Constitution is not yet finished, there would
be inconsistency on the ideas on what are the principles that should be included in the new
Constitution, as there would be newly elected officials in the Congress. This inconsistency may
cause long term problems and may be prejudicial for the future generations; the People of the
State. The welfare of the people may be put to risk in violation of the maxim Salus populi est
Suprema lex “The Welfare of the people is the Supreme Law”. It is also a practical thing to conduct
the postponement of the Mid-term elections for the State to have a new set of government
officials in a new form of Government on May 2022.

Article XVIII, Section 2, 1987 Constitution

“(1) The Senators, members of the House of Representatives, and the local officials first elected
under this Constitution shall serve until noon of June 30, 1992. (2) Of the Senators elected in the
election in 1992, the first twelve obtaining the highest number of votes shall serve for six years
and the remaining twelve for three years.”
Salus populi est suprema lex
translates to “Let the good of the people be the supreme law.” It finds its origin as early as 100
BC – 1AD in the book De Legibus written by Cicero the renowned philosopher, politician, and
lawyer. It was also used by eminent personalities in politico-legal history such as John Locke and
Francis Bacon. Too, the concept serves as the foundation of Philippine law including all the
Constitutions we have had and their corresponding amendments, representative of the needs of
the people in times past. Simply put, this principle places the welfare of the many above the
welfare of the few. The will of the individual must yield to the needs of the society, even if his
life, liberty, or property is put in jeopardy. It follows therefore, that no law and no officer of the
people, elected or appointed, is above the will of the people. Not even the constitution. Rather, it
is a manifestation of the will of the people as affirmed by Justice Malcom: “The written
instrument enacted by the direct action of the people…” The will of the people is ultimately
represented by the government we vote into office to run our country, to represent our interests.
Of these people, the commander-in-chief is the President. It may be said that he is the ultimate
representative of the people, the representative of the will and welfare of the people.

No elections in 2019 possible, says Alvarez

Published January 3, 2018 1:30pm
Updated January 3, 2018 4:24pm

By ERWIN COLCOL, GMA News

Speaker Pantaleon Alvarez on Wednesday hinted the possibility that no election will be held in
2019 if the government successfully transitions into a federal one.
In a television interview, Alvarez said that "anything is possible" as regards the scenario of no
elections in 2019.
"I have to be frank about it. Anything is possible," he said.
"Let’s be practical. Kapag nag-shift ka into a different form of government – unitary to a federal
– you need a transition government," he added.
Alvarez pointed out that if the public, voting in plebiscite, agrees with the proposed shift to
federalism, the new federal Constitution might affect the expiration of the term of incumbent
government officials.
He said the plebiscite may happen in May this year, during the scheduled barangay and
Sangguniang Kabataan elections.
Alvarez said the term of the government officials in the federal form of government will depend
on the phrasing of the new federal constitution.
"Remember, 'yung senators kasi, 'yung termino nila, 12 for the first… hindi iyan sabay-sabay nag-
e-expire. May mag-e-expire sa 2019, may mag-e-expire sa 2022," he said.
"In fairness, siguro mas maganda kapag pina-expire mo lahat sa 2022, para wala ka ng utang. So
expired lahat ng terms," he added.
Alvarez said it is only "incidental" that incumbent elected officials would benefit from the possible
postponement of the elections due to the shift of government.
"Ano ba naman sa amin 'yun? Walang problema 'yun. Mag-eleksyon tayo sa 2019. That’s not a
problem," he said.
"Pero dapat tingnan natin dito na ano ba ang praktikal, ano ba ang objective dito? Magshi-shift
ka into a federal form of government, magbabago 'yung istraktura ng gobyerno," he added.
The Duterte administration has been pushing for a shift to a federal form of government as a
means to address issues particularly in strife-torn Mindanao.
Malacanang, however, on Wednesday said the 2019 midterm elections would not be canceled
unless the Constitution is amended ahead of the schedule.
Presidential spokesperson Harry Roque in a briefing said that President Rodrigo Duterte only
relies on the Constitution on matters like this. —KG, GMA News