By Atty. Howie Calleja
Presidential spokesman Harry Roque released a statement that President Duterte is currently in “perpetual isolation” as a necessary precaution after DILG Secretary Eduardo Año tested positive for the deadly COVID-19 virus on Sunday.
At a time when we need an effectively functioning president because of the current state of the pandemic, which is not only ongoing but seems to have no end in sight, the use of the term “perpetual isolation” is not only unsettling but alarming.
The word “perpetual” is used to describe something as valid for an indefinite or unlimited period of time and connotes as something to be effective during the lifetime of the individual when used as a legal term. There being no record of the use of the term “perpetual isolation”, we shall interpret it using the ordinary meaning of the language used. By necessary implication, if a person is in perpetual isolation, he/she is deemed to be isolated for an indefinite or unlimited period of time or during his/her lifetime.
The question on everyone’s mind is, is this equivalent to a temporary incapacity to perform his functions as president?
Article VII of the Constitution provides for two different scenarios. Section 11 deals with the illness which results in a temporary incapacity of the president to perform his functions. The president has the power to decide whether he is still able to perform his functions or not. However, if the president is unable to make the decision or is unwilling to admit his incapacity, the Congress is clothed with full discretionary authority to determine such political issue as decided by the Supreme Court in the case of Tanada vs Cuenco. In all cases, if it is determined that the president is unable to perform his functions as such, the vice-president shall immediately assume the powers and duties of the office as acting president. This scenario contemplates that the president is unable to perform his functions. On the other hand, Section 12 deals with an illness that is not incapacitating, such as when access to the president is allowed for the members of the cabinet in charge of national security and foreign relations, and the chief of staff of the AFP in order for the president to make important decisions. This scenario contemplates that the president is still able to perform his functions.
Great leaders know that all kinds of leadership is temporary and must come to an end. They know when to walk away and when it is time to pass it on to someone who could better navigate through the storm.
It seems that this administration made it a habit to deceive the people, not only through refusing to be transparent but by deliberately spreading misinformation and lies.
During this time of crisis where everything is uncertain and where no one is safe from COVID-19, the people need to be assured that they still have a president who is fully able to discharge his powers and duties as such. Moreover, our Constitution guarantees our rights as Filipino citizens to be informed of the state of the president’s health in case of serious illness.
In conclusion, we wish the best of health for the president. Nonetheless, we need transparency and full disclosure as to the true state of the health and fitness of the president. As a humble suggestion to put to rest any and all speculations regarding the matter, perhaps it serves to benefit the country if the vice-president together with select members of the Congress and the cabinet ascertain the true state of the president’s health. In the event that the illness results in a temporary incapacity of the president to perform his functions, the vice-president shall immediately assume the powers and duties of the office as acting president. If, however, the illness results in a permanent incapacity, the vice-president shall become the president.
