Here's a possible research design outline based on your research title and questions, following
the format you requested:
1. Reasons for Term Limits
Legal Research: Disqualification Due to Term
Limits: Re-Assessing the Provisions of Law
1. What are the reasons for the imposition of term
limits on public officials in the Philippines?
• Data Gathering Method:
• Documentary Research: Review of legal texts, historical
documents, and scholarly articles related to term limits in
the Philippines.
• Interviews: Interviews with legal experts, political
analysts, and public officials to understand the motivations
behind term limits.
• Data Gathering Tool:
• Legal and Scholarly Articles: Analysis of relevant
provisions in the 1987 Philippine Constitution,
Omnibus Election Code, and other legislative acts.
• Expert Interviews: Structured interview questionnaires
with political scientists, lawmakers, and legal experts.
• Data Analysis Tool:
• Content Analysis: Reviewing and analyzing legal texts
and expert interviews to identify common reasons cited for
imposing term limits (e.g., preventing political dynasties,
promoting fairness, limiting power consolidation).
• Comparative Analysis: Comparing the reasons for term
limits in the Philippines with other countries to identify
similarities or differences.
2. How does the imposition of term limits affect a
candidate’s rights?
• Data Gathering Method:
• Survey Research: A survey of candidates who have been
affected by term limits, as well as those who may be
seeking re-election, to understand how term limits impact
their eligibility.
• Case Study Review: Examination of relevant cases
where term limits have affected a candidate’s eligibility to
run for office.
• Data Gathering Tool:
• Surveys and Questionnaires: Gathering feedback from
candidates, political parties, and election watchers.
• Case Law Analysis: Review of court rulings on
disqualification due to term limits, particularly those
related to COMELEC decisions.
• Data Analysis Tool:
• Statistical Analysis: Analyzing survey responses to
identify patterns in how term limits affect candidates’
rights (e.g., fairness, opportunities for re-election, political
participation).
• Qualitative Analysis: Evaluating case studies to explore
how term limits impact candidates’ ability to serve and
their rights as potential re-election candidates.
3. How does the COMELEC currently enforce
disqualification due to term limits, and what
challenges are involved in this process?
• Data Gathering Method:
• Interview Research: Interviews with COMELEC officials
and election law experts about how they enforce
disqualification for term limits and the challenges they
face.
• Case Study Review: Analyzing past cases where
candidates were disqualified for exceeding term limits,
focusing on enforcement and challenges.
• Data Gathering Tool:
• Interviews: Structured interviews with COMELEC officers
and legal practitioners who specialize in electoral law.
• Case Study Compilation: Collection of disqualification
cases filed before the COMELEC, court decisions, and
other related records.
• Data Analysis Tool:
• Qualitative Analysis: Reviewing and categorizing
common challenges that COMELEC faces in enforcing
term limit disqualification (e.g., lack of clear guidelines,
political influence, inconsistent enforcement).
• Thematic Analysis: Identifying recurring themes in
COMELEC enforcement challenges and exploring how
these could be addressed.
4. What legal proposals can a Constitutional Review
Committee (CRC) develop to create a fairer and
more transparent system based on a performance-
oriented re-election eligibility study?
• Data Gathering Method:
• Legal and Policy Analysis: Analyzing existing laws and
proposed legal reforms related to term limits and re-
election eligibility.
• Comparative Legal Research: Examining countries with
performance-based eligibility systems and exploring how
such frameworks can be applied in the Philippines.
• Data Gathering Tool:
• Policy Documents: Review of policy
recommendations, legal reforms, and constitutional
amendments proposed in the past related to re-election
eligibility.
• International Case Studies: Researching countries with
performance-based systems (e.g., South Korea, Brazil,
and United States states).
• Data Analysis Tool:
• Legal Comparative Analysis: Comparing performance-
based re-election systems in other jurisdictions to identify
best practices and lessons for the Philippines.
• Proposal Development: Crafting legal proposals for a
performance-based re-election eligibility framework
for the Philippines based on findings from other countries
and expert input.
Conclusion
By conducting this legal research, the study aims to:
1. Understand why term limits were introduced and how they
function in the Philippine legal system.
2. Assess the impact of term limits on candidates’ rights,
ensuring that they are not unfairly excluded from political
participation.
3. Explore COMELEC’s enforcement of disqualification and
identify any challenges in applying the law fairly and
consistently.
4. Propose a performance-based system for re-election
eligibility that aligns with democratic values and improves
fairness in elections.
The outcomes of this research will guide policymakers and
lawmakers in reassessing term limit provisions and
improving the electoral process in the Philippines.
