Report: 9.

Plagiarism and Grammarly Part 1

9. Plagiarism and Grammarly Part 1

by Golda Aristas

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Report: 9. Plagiarism and Grammarly Part 1

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Report: 9. Plagiarism and Grammarly Part 1

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9. Plagiarism and Grammarly Part 1

CHAPTER I
THE PROBLEM AND ITS SCOPE
INTRODUCTION
The Rationale of the Study
With his election as the 17th President of the Republic of the Philippines,
President Rodrigo Roa Duterte eyes on amending the 1987 Constitution. Thus,
the creation of the Consultative Committee to Review the 1987 Constitution
(Con-com). It proposed to require members of Congress to have a college
degree under a draft Federal Constitution. The Con-com's Subcommittee on
Structure on Federal Government voted to include the provision requiring
members of the Senate and House of Representatives to be college degree
holders or its equivalent. The Subcommittee decided to include the
requirement to "improve the quality of law" from Congress. [1]
The proposed amendment on the increase of constitutional quali cation for
elective national of ces drew support and opposition from the community.
Previously, then-Senator Miriam Defensor Santiago, now deceased, a
constitutional law expert and an advocate on the proposed amendment, in one
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of her speeches expressed that if the State requires members of local and
national bureaucracies to be degree holders, there is no reason why not to do
the same for mayors, governors, congresspeople, senators, and presidents.[2]
Also, in her speech before the International Youth Leadership Conference in
2014, she reiterated that police of cers are even required to be college
graduates under statute books while public of cials follow a lower standard for
election.[3] Former House Speaker Pantaleon Alvarez also agreed that in the

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government's legislative branch they also needed educational requirements to

become a legislator. He further proposed that if the State requires civil service
eligibility for the staff to become employees of the government, why are not the
legislators mandated to have civil service eligibility.[4]
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On the other hand, Former Chief Justice Hilario Davide Jr. expressed his opinion
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that it will be undemocratic to ask elective public of cials for quali cations
higher than being able to read and write.[5] Senate President Vicente Sotto III
even doubted that raising the requirements for elected of cials will be
approved and added; and that the public may protest the proposal as he noted
that not all individuals can nish college, even though the government is
already implementing the Universal Access to Quality Tertiary Education Act.[6]
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There have been proposals to include educational quali cations in both the
1973 and 1987 Constitution, but they were turned down.[7] In light of this
matter, it is essential to understand the underlying rationale of the necessity of
imposing the additional quali cation for elective public of cials. It is also
important to note the rights of an individual to hold public of ce and the
limitations that may be imposed by the law.
Background of the Study
President Rodrigo Duterte, before he was elected, expressed his intention to
change the Philippine form of government from unitary state presidential,
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representative and democratic republic to a federal form of government. A
corollary, a need to amend the 1987 Constitution, was necessary to ful ll this
goal. The draft federal constitution submitted to him requires college degrees
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for the country's top of cials. In contrast, the current 1987 constitution's
requirements for a person to be elected president is that "he is a natural-born
citizen of the Philippines, a registered voter, able to read and write, at least

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forty years of age on the day of the election, and a resident of the Philippines
for at least ten years immediately preceding such election.[8]
In the proposed charter released by the Consultative Committee to Review the
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1987 Constitution, those seeking the posts of President, Vice President,
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Senator, and members of the House of Representatives will need to have a
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college degree or its equivalent to be eligible for the post.[9]
The requirement also applies to members of Regional Assembly, legislative
body for each Federated region, as well as the chairperson and members of the
Federal Commission on Elections, and the chairperson and members of the
Federal Commission on Human Rights.[10]
Under Article VII, Section 3 of the proposed Federal Constitution, it states that
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before any individual could run as a Senator he should be a natural-born citizen
of the Philippines and, on the day of the election, at least thirty- ve (35) years
of age, holder of a college degree or its equivalent, a registered voter, and
domiciled in the Federated Region where he or she is to be elected for not less
than two years immediately preceding the day of the election.[11]
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The same Article provides that no person shall be a Member of the House of
165
Representatives unless he is a natural-born citizen of the Philippines, at least
twenty- ve (25) years of age on the day of the election, and holder of a college
degree or its equivalent. Except for one elected through the proportional
156
representation system, he must be a registered voter and domiciled in the
1
district where he is to be elected for a period of not less than one (1) year
immediately preceding the day of the election.[12]
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For Presidential and Vice-Presidential positions the proposed Federal
166
Constitution, under Article VIII, requires that he/she must be a natural-born
citizen of the Philippines, a registered voter, holder of a college degree or its
equivalent and on the day of the election, at least forty (40) years of age, and

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domiciled in the Philippines for at least ten (10) years immediately preceding
such election.[13]
STATEMENT OF THE PROBLEM
161
Objectives of the Study
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The primary aim of this study is to provide a better understanding of the legal
158
implications of requiring public of cials to attain a college degree before
running for public of ce.
More speci cally, the study seeks to attain the following objectives:
1. To determine the impacts of the proposed quali cation vis-a-vis other
provisions of the proposed Federal Draft Constitution.
a. Whether it violates equal protection and social justice;
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b. Whether the proposed requirement is anti-democratic; and
2,3
c. Whether other basic fundamental rights may be violated.
2. To determine whether the proposed college education quali cation violates
current international law agreements.

1. To identify international agreements that support the proposed

164
educational quali cation as well as international treaties that may be
165
violated.

3. To propose legal measures

167
156 1. To strike a balance between the right of every citizen to run for a public
of ce vis-à-vis the demand of the citizens for quality public service and
laws.
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Thesis Statement
166
Long before the issue of Federalism has risen and the proposal for a new
constitution incorporating the additional quali cation for public of cials, the
question about college degree as a quali cation for public of ce had already

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sparked the interest of the community. The central thesis of this study is that
college degree quali cation does not violate any individual rights, nor it is anti-
democratic. Such a requirement only af rms the current educational
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attainments for those occupying higher positions.
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Signi cance of the Study
158
Determining the effects of the proposed college degree as a quali cation for
public of ce is essential to shedding light on whether such proposed
requirement is violative of an individual's right to public of ce. Further, this will
also answer the embedded issue of leadership in our public of cials.
This study seeks the views and stands of different stakeholders; more
importantly, those in the legal profession and those who are not engaged in the
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legal profession. This study also aims to contribute to the academic and legal
literature concerning the scope of constitutional freedom – both their
justi cations and limitations – and that this inquiry will provide adequate
guidance for future studies to take this important and signi cant issues
further.
164
More importantly, the outcome of this study will bene t the following
165
stakeholders:
Legislators. Through the result of this study, legislators will be more pressed to
make proper deliberations in the enactment of laws that may affect the rights
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of individuals. More importantly, this study would raise awareness among the
legislators to review and look upon guaranteed rights that are not incorporated
in our constitution nor our domestic laws and to pass laws that would assure
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these omitted rights are protected.
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Local Public Of cials. The study will give the public of cials the inkling to enact
ordinances that is not violative to its constituents' rights, especially those
guaranteed rights under our domestic laws and international laws.

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Filipino Citizens. Filipino citizens are in a way given the assurance that they
have existing rights that cannot be derogated and that the law and the
government protect these rights.
161
Researchers. This study will serve as a point of reference for future researchers
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in the conduct of their studies. This study may aid the researchers to endeavor
158
in a study concentrating on the comparison of the performance of college-
educated of cials and non-college-educated of cials under the Philippine
setting.
Scope and Limitations
This study con nes itself to examining the legal implications of the proposed
college degree quali cation as a requisite for public of ce and does not deal
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with the practical consequences of the said quali cation. The study focuses on
whether or not the additional requirement violates social justice and the right
to equal protection and whether such proposed criterion violates any
international agreements. However, the study does not deal with cases
involving nuisance candidates.
164
RESEARCH METHODOLOGY
165
Research Design
The study utilized the descriptive qualitative analysis method to determine the
various legal implications and concept that covers the issue on the additional
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college educational quali cation for elective public of ce. In addressing the
5
primary legal inquiry confronting this paper, the study utilized Textualism in
determining whether the Philippine law and International law guarantees the
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right to public of ce. Legal theory of Liberal Legalism was also utilized on how
166
does the additional quali cation affect equal protection and social justice
provisions in the constitution. Lastly, Human Rights-Based Approach on how

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the principle of human rights is ensured with the enactment of the new
quali cation.
This study applied a one-on-one interview kind of qualitative research. The
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researcher personally interviewed respondents who were chosen randomly. The
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researcher questioned the respondents who are in the legal and non-legal
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profession on various legal concepts and principles underpinning the college
degree quali cation inquiry of this paper. The researcher asked respondents
about whether or not the proposed educational quali cation is necessary and
should be added in the list of requirements for a public of cial before running
for public of ce. The nal portion of this paper concludes with a rights-based
analysis of the right to public of ce problem. The research ow of this study is
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discussed in the diagram below.

INPUT
PROCESS
OUTPUT
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Figure 1. Research Flow
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Based on the research ow diagram, the key objectives of the study involve the
determination of the legal implications of the proposed college degree as a
quali cation before an individual could run for public of ce. Also, how this
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additional quali cation could affect the current affairs of the government. The
researcher then analyzed the data gathered using a descriptive analysis
approach. From the analysis of the data collected, the legal implications of the
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quali cation for public of cials were generated as the output of this study.
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Research Informants
To further understand the legal implications of the proposed college degree as
a quali cation for public of ce, the researcher conducted interviews to provide

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the latter access to the experiences and perceptions of interviews concerning
the additional college degree quali cation issue. The critical informants of this
study included experts and professionals from the legal academe and those
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individuals who are not engaged in the legal profession.
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Research Instrument
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This study was conducted through a research interview method. The researcher
structured the interview in a relaxed manner to allow the researcher to make
follow-up questions and to steer the discussion through a series of issues that
are important and relevant in this study. The researcher conducted a personal
interview with the informants of the study as well as interview questions
through email.
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Research Procedures
Data Gathering
The researcher collected various resource materials and conducted interviews
for this study from November 2018 to May 2019. Throughout the date collection
period, the researcher gathered main types of information: (1) archival and
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literature searches on a college degree as a quali cation for public of ce; (2)
165
relevant laws, treaties and jurisprudence; and (3) interviews with key
informants. The study also referred to books, law journals, and research
publications as sources for research.
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Primarily, the discourses used in this study included texts from the 1987
Constitution particularly the constitutional provisions on the quali cation of
the President, Vice – President, Senators and of the House of Representatives,
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as well as the Article of Bill of Rights and the proposed Draft Federal
166
Constitution. The study also explored some signi cant jurisprudence in the
10
country as well as foreign jurisprudence on the subject matter of the inquiry.
Data Analysis

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Before the conduct of the interview, respondents were informed that their
participation in the research was completely voluntary and may decline
altogether or leave blank any questions they don't wish to answer. They were
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also told that their responses will remain con dential and anonymous and that
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no other than the researcher will know their answers to the questionnaire.
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The data that were analyzed in this research was obtained by the use of the
following concepts (1) necessity to impose the additional quali cation; (2)
11
effects of the additional quali cation vis-à-vis Social Justice and Equal
12
Protection; (3) rights that may be violated by the additional requirement; and (4)
balance between the right of individuals to public of ce vis-à-vis citizen's right
13
to demand for quality public service. The answers to these concepts were used
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for further analysis to form the legal implications of the proposed additional
quali cation.
THEORETICAL FRAMEWORK
The Constitutional Theory of Textualism, Liberal Legalism, and Human Rights-
Based Approach served as the framework for analyzing the effects of the
164
college degree as a quali cation for public of ce.
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168
Textualism is a formalist theory in which the interpretation of the law is
14
primarily based on the ordinary meaning of the legal text, where no
consideration is given to non-textual sources, such as intention of the law
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when passed, the problem it was intended to remedy, or signi cant questions
15
regarding the justice or rectitude of the law.[14] Textualism looks into the
16
ordinary meaning of the language of the text and at the ordinary sense of the
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text, not merely the possible range of meaning of each of its constituent words.
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In utilizing this theory, Textualism was used in determining whether or not the
right to public of ce is a guaranteed right in the 1987 Constitution, Draft

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Federal Constitution and International Agreements based on the plain reading

20
of their texts.
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Liberal legalism is a belief that politics should be constrained by legal,
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170 21
constitutional boundaries.[15] Liberal legalism has also been called legal
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constitutionalism, such as is found in the United States and Germany, with
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political constitutionalism, which is more typical of Britain, by British
22
constitutional scholar Adam Tomkins. He argues in his book Our Republican
Constitution that the British system of governance, in which Parliament
controls government ministers, provides a better check on executive power
than a system like that of the United States, where courts and laws are used to
23
check executive power.[16] The additional college degree quali cation is a
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legal, constitutional boundary imposed upon individuals before one can run for
public of ce. Hence, the additional requirement is juxtaposed with equal
protection and social justice provisions to ascertain whether these provisions
complement each other.
172
A Human Rights-Based Approach is a conceptual framework for the process of
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human development that is normatively based on international human rights
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standards and operationally directed to promoting and protecting human
24
rights. It seeks to analyze inequalities which lie at the heart of development
problems and redress discriminatory practices and unjust distributions of
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power that impede development progress.[17] A Human Rights-Based
Approach is about empowering people to know and claim their rights and
increasing the ability and accountability of individuals and institutions who are
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responsible for respecting, protecting, and ful lling rights. The approach
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means giving people more signi cant opportunities to participate in shaping
the decisions that impact on their human rights. It also means increasing the
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ability of those with responsibility for ful lling rights to recognize and know
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how to respect those rights and make sure they can be held to account. It is
about ensuring that both the standards and the principles of human rights are
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integrated into policymaking as well as the day to day running of organizations.
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[18] Similarly, this approach is used to determine how the principle of human
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rights is ensured with the enactment of the new quali cation.
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Figure 2. Theoretical Framework

The study initiated with an examination of how the educational requirement is
29 30
viewed in the perspective of Textualism and Liberal Legalism. By Textualism,
the researcher looked into the 1987 Constitution, Draft Federal Constitution,
and International Agreements to determine whether the right to public of ce is
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guaranteed under these instruments. The researcher then evaluated the
relationship between the proposed college degree quali cation with social
justice and equal protection clauses in the Draft Federal Constitution through
the lens of liberal legalism. The researcher also made use of relevant and
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current jurisprudence about the quali cation being a constitutional limitation
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before an individual can run for public of ce. Afterward, the study shifted to a
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human rights-based approach, which would help explain the legal implications
of the educational requirement.
CONCEPTUAL FRAMEWORK
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Figure 3. Conceptual Framework
Figure 3. Conceptual Framework
This study utilized a multi-layered framework analysis. The rst layer deals
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with the individual's right to public of ce. On this part of this paper, the study
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looked into different sources on the basis of the very existence of the right to
public of ce, which includes the 1987 Constitution, the Draft Federal
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Constitution, and jurisprudence laid down by the Philippine Supreme Court on
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whether the right to public of ce is protected. Likewise, it also used treaties
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and international laws in determining the source of such right. On the same
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layer, the proposed college degree quali cation is juxtaposed with the social
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justice and equal protection clauses of the draft Federal Constitution to
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determine how one affects the other.
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The second layer of analysis focuses on the application of the theories of
textualism, legal liberalism, and human rights-based approach. The second
layer aids in understanding the nature of the right of public of ce, the
36
relationship between social justice and equal protection clauses in relation to
37
the additional quali cation provision as well as how it affects human rights.
The nal layer of analysis looks into the legal implications that may arise if the
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proposed additional quali cation is implemented.
DEFINITION OF TERMS
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Anti-democratic. A person, place, or thing unfriendly or against the ideas and
actions of a democracy.
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Anti-poor. Opposing or working against the poor.
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Civil Right. A civil right is a right that can be invoked against any citizen.
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College Degree. A degree given to students of a higher learning institution
41
signifying required credits has been obtained in speci c areas of study.
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Congress. The national legislature of the Philippines. It is a bicameral body
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consisting of the Senate (upper chamber), and the House of Representatives
(lower chamber).
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Election. How the people choose their of cials for a de nite and xed period
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and to whom they entrust for the time being the exercise of the powers of
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government.
Equal Protection. It requires states to guarantee the same rights and privileges
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and protection to all citizens.
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Federal Government. A federal system of government is one that divides the
powers of government between the national (federal) government and state
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and local governments. Under federalism, each level of government has
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sovereignty in some areas and shares powers in other areas.
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ICCPR. Known as International Covenant on Civil and Political Rights, a key
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international human rights treaty, providing a range of protections for civil and
political rights.
Legal Implications. The results or consequences of being involved in something
according to the law.
182
OSCY. Known as Out-of-school children and youth, which refers to family
members 6 to 14 years old who are not attending formal school; and family
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members 15 to 24 years old who are currently out of school, not gainfully
42
employed, and have not nished college or post-secondary course.
177 43
Political Right. A political right is aright that can only be invoked against the
government.
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President. The person who has the highest political position in a country that is
164 4
a republic and who, in some of these countries, is the leader of the government.
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Public Of ce. An of ce created by a constitution or legislative act, having a
de nite tenure and involving the power to carry out some governmental
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function.
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Public Service. It is a service which is provided by the government to people
living within its jurisdiction, either directly (through the public sector) or by
179
nancing the private provision of services.
160
Quali cation. Capacity, knowledge, or skill that matches or suits an occasion,
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or makes someone eligible for a duty, of ce, position, privilege, or status.
Quali cation denotes tness for purpose through ful llment of necessary
175

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conditions such as attainment of a certain age, taking of an oath, completion of
required schooling or training, or acquisition of a degree or diploma.
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Social justice. Refers to "neither communism, nor despotism, nor atomism, nor
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anarchy," but the humanization of laws and the equalization of social and
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economic forces by the State so that justice in its rational and objectively
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secular conception may at least be approximated .
Self-determination. The right to freely determine one's political status and
freely pursue economic, social, and cultural development.
UDHR. Known as the Universal Declaration of Human Rights, which is a
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historical document which outlined the rights and freedoms everyone is
47
entitled to.
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Vice-President. The person who has the position immediately below the
president in some countries, and who is responsible for the president's duties
177
if he or she is unable to do them.
CHAPTER II
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REVIEW OF RELATED LITERATURE AND STUDIES
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The review of related literature includes studies and researches on the
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constitutional requirements before an individual could run for a public of ce,
the college degree inquiry on whether the educational quali cation is
178
necessary. This chapter also presents the legal and philosophical theories
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utilized in the study.
Constitutional Quali cations
179
Under the 1935 Constitution, individuals who wish to run for the senatorial post
160
must be a natural-born citizen of the Philippines and, at the time of his
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election, is at least thirty- ve years old, a quali ed elector, and a resident of
48
the Philippines for not less than two years immediately before his election.[19]
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On the other hand to be a House Representative he must be a natural-born
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citizen of the Philippines, and, at the time of his election, is at least twenty- ve
years of age, a quali ed elector, and a resident of the province in which he is
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chosen for not less than one year immediately prior to his election.[20]
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With the 1973 Constitution, it requires the National Assembly members to be a
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natural-born citizen of the Philippines and, on the day of the election, is at
158
least twenty- ve years of age, able to read and write, a registered voter in the
district in which he shall be elected, and a resident thereon for a period of not
50
less than one year immediately preceding the day of the election.[21]
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The 1987 Constitution then requires a Senator to be a natural-born citizen of
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the Philippines and, on the day of the election, is at least thirty- ve years of
age, able to read and write, a registered voter, and a resident of the Philippines
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for not less than two years immediately preceding the day of the election.[22]
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While a House Representative must also be a natural-born citizen of the
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Philippines and, on the day of the election, is at least twenty- ve years of age,
able to read and write, and, except the party-list representatives, a registered
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voter in the district in which he shall be elected, and a resident thereof for a
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period of not less than one year immediately preceding the day of the election.
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[23]
The President or Vice-President under the 1935 Constitution mandates that
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they should be a natural-born citizen of the Philippines, a quali ed voter, forty
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years of age or over, and has been a resident of the Philippines for at least ten
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years immediately preceding the election.[24]
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Under the 1973 Constitution, the age quali cation of the President and Vice
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President was increased to at least fty years of age at the day of his election
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and must still be a resident of the Philippines for at least ten years immediately
55
preceding his election. However, if no Member of the National Assembly is
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quali ed or none of those quali ed is a candidate for President, any Member
thereof may be elected President.[25]
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With the 1987 constitution, it requires that the President and the Vice-
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President must be a natural-born citizen of the Philippines, a registered voter,
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able to read and write, at least forty years of age on the day of the election, and
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a resident of the Philippines for at least ten years immediately preceding such
election.[26]
United Nations Universal Declaration on Human Rights
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United Nations Universal Declaration of Human Rights, which, as approved
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unanimously by 48 nations (the Philippines included) on Dec.10, 1948, contains
a provision on the rights of human beings to run for of ce. It says that everyone
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has the right to take part in the government of his country, directly or through
192 56
freely chosen representatives and Everyone has the right of equal access to
177 57
public service in his country.[27]
198
In a case decided in the United States, the court ruled that there is no
172
183
constitutionally guaranteed right to run for public of ce. The Constitution sets
164
guidelines for presidential and congressional candidates concerning age,
165
168
citizenship, and residency. It would be hard to make a case for the idea that the
Constitution forbids that right to any duly quali ed citizen, particularly since
178
193
the Tenth Amendment reserves all unenumerated rights for the states or the
167
173
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156 58
people. States and local districts may set their own quali cations, but unless
59
these are closely aligned with those in the Constitution governing candidacies
179
for high national of ce, such laws would be ripe for a Fourteenth Amendment
160
194
199 60
challenge. The right to run for public of ce is common to constitutional
195
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democracies such as the United States and Britain. The two fundamental
features of free elections are a secret ballot and the right of individuals to run
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for public of ce.[28]
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The same with the United States constitution, the 1987 Constitution does not
200
mention the right to public of ce anywhere in its many provisions. It is nowhere
169
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185 61
mentioned in Article III, the Article on the Bill of Rights, which contains 21
161
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196 62
sections. It is also not mentioned in Article V, the article on suffrage, which
157
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might discuss it alongside the citizens' right of suffrage.
158
Currently, the 1987 Constitution only provides for citizenship, age, literacy, and
residency requirement and never mentioned any educational quali cation. [29]
Views of Legal Experts and Legislators
191
197
Deceased Senator Miriam Defensor Santiago, in one of her speeches,
182
201
expressed that if the State requires members of local and national
bureaucracies to be degree holders, there is no reason why not to do the same
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186
for mayors, governors, congresspeople, senators, and presidents.[30] Also, in
192
her speech before the International Youth Leadership Conference in 2014, she
177
reiterated that police of cers are even required to be college graduates under
198
statute books while public of cials follow a lower standard for election.[31]
172
183
Even before the move of adding college degree as a quali cation for the of ce
164
202
of the President, Vice President, Senator, and members of the House of
165
168
Representatives the late Senator Miriam Defensor Santiago believed that a
college degree should be a requirement enshrined in the Constitution for
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193 63
elected of cials. The late senator on her another speech at the Centro Escolar
167
173
184
203
156
University emphasized that we should professionalize important local and
national of ces by imposing academic quali cations. She added that if the
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204
government require members of local and national bureaucracies to be degree
160
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holders, there is no reason why we should not do the same for mayors,
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governors, congresspeople, senators, and presidents. She said that requiring
leaders to have college degrees would help the country compete on the
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international level. She further added that if we want global competitiveness,
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we should require leaders to be, at the very least, formally educated. This is
200
because education is a powerful constraint against narrow parochialism and a
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gateway to ideas that can change communities. [32]
161
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196
Further, in another speech entitled "The Problem with Election" in the Far
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Eastern University, she stressed that of the millions of voters in the Philippines
158 65
the greater majority are not intelligent, they are not educated for voting, and
206 66 67
the candidate they choose are not educated for serving. The problem is the
result of the fact that our Constitution provides that no literacy requirement
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197 68
shall be imposed on voters. Furthermore, although the Constitution provides
182
201
that a senator should be literate that he should be able to read and write, the
same Constitution does not require any educational attainment on the part of
159
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186 69
any candidate. She even highlighted that under the Police Act that no person
192
can be appointed a policeman unless he has a college degree. But any person
177
can become president, vice-president, senator, or congressman of the country
198
even without a college degree[33]
172
183
Former Senate President Aquilino Pimentel Jr. also expressed that quali cation
164
202 70
should be raised for public of ce. He suggested raising the literacy requirement
165
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for public of ce candidates.[34] Former House Speaker Pantaleon Alvarez also
agreed that in the government's legislative branch they also needed
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193
educational requirements to become a legislator. He further proposed that if
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156
the State requires civil service eligibility for the staff to become employees of
the government, why are not the legislators required to have civil service
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204
eligibility. [35] House Representative Wilter Wee Palma II in the plenary debates
160
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207
defended the college degree requirement. He said that the provision essentially
195
166
174
aims to "elevate" the kind of service that the future president, vice president,
senators, and representatives would give to Filipinos should the country shift
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to federalism. He added that he agrees that educational attainment does not
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de ne what kind of a leader a person will be. But he also pointed out that some
200
blue-collar jobs already require a college degree, yet the highest position in the
169
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land does not. Palma also argued a college degree is crucial for a job that
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involves the creation of laws.[36]
157
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162
171
On the other hand, Former Chief Justice Hilario Davide Jr. expressed his opinion
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that it will be undemocratic to ask elective public of cials for quali cations
206
higher than being able to read and write. He added that although there have
been proposals to include educational quali cations in both the 1973 and 1987
191
197 71
charters they were turned down because public service must be open to all.
182
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[37] Senate President Vicente Sotto III even doubted that raising the
quali cations for elective of cials will be approved and added that the public
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may protest the proposal as he noted that not all individuals can nish college,
192
despite the government already implementing the Universal Access to Quality
177
211
Tertiary Education Act.[38] Party-list Representative Ariel Casilao called such a
198
proposal "politically ill-advised" and "anti-democratic," arguing that it would
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hinder the poor from running for public of ce. He added that the suggestion is a
164
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property quali cation for running for elective posts. It will disenfranchise the
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poor from even aspiring to become candidates, from having a chance to run in
any election and for any government post. [39] Also, House Representative of
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193
3rd District of Nueva Ecija Rosanna Vergara disagreed on the provision. She
167
173
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156
asserts that the said provision would rob the poor the chance to dream of
serving fellow Filipinos. She added that we should not deny our countrymen the
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chance to dream of serving the public just because they are unable to study
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207
due to poverty.[40]
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College Education and Leadership
213
Since Plato, political observers have often argued that governing is best left to
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those who are highly educated. Ordinary citizens have commonly agreed. On
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the question on why should we expect politicians who have more formal
200
education to be better leaders, the most common answer in the scholarly
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169
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literature is that people with more schooling have more human capital and tend
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196 72
to be more engaged in civic life.[41] In their work on whether democracies
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216
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171
select more educated leaders, Besley and Reynal-Querol argue that education
158
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is a particularly exciting aspect of political selection given the strong
206
correlation found between educational attainment and earnings, which is
217 73 74 7
consistent with education either enhancing skills or signaling ability. Education
191
197
is also strongly correlated with civic engagement.[42] Education is thus a
182
201
compelling indicator of a leader's quality.
Similarly, Atkinson and Rogers note that scores of papers have established a
159
163
186
clear link between education and lifetime income, and education is a de nite
192
contributor to civic engagement, from the simple act of voting to dedicated
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211 76
activism.[43] In the political realm, those with higher education have a distinct
198
advantage in being better able to develop logical arguments, assemble and
219
172
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212
assess evidence, and make public presentation … university degrees signal
164
202
capacity in this regard and invite the inference that education provides at least
165
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some politically relevant skills.
220
Why use education to measure leader quality because people with more
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193 77
education tend to have more of the skills that make employees valuable and
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173
184
203
156 78
that make it easy for citizens to engage in politics. If those skills are also
helpful while running a campaign or holding a political of ce, people with more
179
204
education will tend to be better politicians. [44]
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207
221
However, there are also signs that the links between education and human
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capital or civic engagement are not wholly attributable to learning or signaling.
213 79
Some of the differences between people with more and less education may
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instead re ect social and economic exclusion. The costs associated with
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education keep some talented people from pursuing degrees and enable some
200
less gifted people with nancial resources to pull ahead.[45]
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In turn, education confers lifelong economic and social bene ts. People with
161
170
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degrees may earn more not because they have superior skills, but because
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171
employers assume that degrees are markers of quality and offer more pay to
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people who have them. People with more education may also participate in
206
civic life more not because they have superior abilities, but because the
217
political process tends to be more responsive to more privileged people and
191
197 82
they have more to gain by engaging. [46]
182
201
225
224
The link between human capital and leader quality is also less precise.
Education can impart many skills that may be useful in politics. But most
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formal education does not directly focus on how to run for or hold political
192
of ce. Campaigning and governing are highly specialized tasks, and the human
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177
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capital people acquire from formal education may not give them signi cant
198 83
advantages when they decide to seek public of ce. Moreover, because holding
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212 84
of ce requires so much human capital in the rst place, people with less
164
202
formal education (and, for that matter, people with more) who make it to
165
168
leadership positions may have far more human capital than the average person
220 85
from their education level. Even if there is an association between education
178
193
and ability in the general public, if the processes we use to select leaders
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156
screen out people with less human capital, the association between education
227 86
and human capital among politicians may be weak— or nonexistent. Even if
179
204 87
ordinary citizens with more formal education have more human capital, there
160
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207
221 88
are good reasons to doubt that leaders with more education are all that
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174 89
different from leaders with less.[47]
213
228
In the 1960s, scholarship on the personal backgrounds of political elites brie y
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ourished. Many of these studies analyzed the relationship between leaders'
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educational experiences and their attitudes, choices, and decisions
200
in of ce. Most came up empty-handed, nding "little or no consistent impact
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215
of the quantity of education a leader has received." Since then, follow-up
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studies have likewise found mostly no differences between how more and less
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171
educated politicians behave in of ce. If more educated leaders tend to act
158
210
about the same as other politicians, why should we assume that they produce
206
signi cantly better outcomes? More educated leaders may differ in some way
217
that these behavioral studies did not pick up. [48]
191
197
In the same research entitled What Good is a College Degree? Education and
182
201
225
224
Leader Quality Reconsidered, the study has shown the difference in the
performance of college-educated leaders and those without college degrees.
159
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186
As to Gross Domestic Product per capita, Number of Strikes, Unemployment,
192
In ation, Disputes, and Top 1% Income Share, it found out that countries
226
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211
governed by college-educated leaders performed the same as – or worse than -
198
states governed by leaders without college degrees.[49] This moderate
230
172
183
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212
difference is not statistically signi cant. The difference is not signi cantly
164
202
distinct from zero.
165
168
Further, in sharp contrast to the idea that educated leaders are better leaders,
220
under the US Congress setting, it found that politicians with college degrees
178
193
perform about the same as politicians without college degrees basing on the
167
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203
156
factors of the number of legislations passed, number of years in the congress
227 90
and their reelections. [50]
179
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231
When a national leader takes of ce unexpectedly, the country does not seem to
160
194
199
207
221
perform better if the leader has a college degree—it is no less likely to engage
195
166
174
in interstate con icts, its economic output and growth are about the same, and
213
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232 91
the country may experience slightly more labor con icts. When a candidate
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wins a close election for the US Congress, the member is not more likely to
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succeed in future elections if she has a college degree—if anything, her time in
200 92
of ce may be slightly shorter. People with college degrees may not have more
223
169
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185
215
of the skills that make for success in politics, or holding of ce may be so
161
170
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196 93
dif cult that only highly skilled people end up in leadership positions
157
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216
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171 94
(regardless of whether they have college degrees).[51]
158
210
Educational Quali cations for Panchayat Elections
206
In 2014, the Rajasthan government, an Indian state, has implemented a
217
provision related to minimum educational quali cation for contesting
191
197
panchayat polls in the Rajasthan state. Governor Kalyan Singh approved the
182
201
225
224
Rajasthan Panchayati Raj (Second Amendment) Ordinance-201. As per the
provision, for challenging the Zila Parishad or Panchayat Samiti polls, a
186
159
163
233
contestant should have the minimum quali cation of secondary education
192
(Class 10) from the state board or any approved institution or board. To contest
226
177
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211
the Sarpanch elections, a candidate should be Class 8 pass from any school
198
(general category). However, in the scheduled area of the panchayat, the
230
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183
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212
contestant should have passed Class 5 from a school to become a Sarpanch.
164
202
In 2019, the Rajasthan Assembly passed two bills which seek to end the
165
168
minimum education criterion for panchayat and civic polls candidates. The
220
House passed by voice vote the Rajasthan Panchayati Raj (Amendment) Bill,
178
193
2019 and the Rajasthan Municipality (Amendment) Bill, 2019. [52]
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173
184
203
156
The quali cations to contest elections are against the very spirit of democracy.
227
The measure violates article 14 of the Constitution of India as there is no
179
204
231
234
rational nexus between formal education and Panchayat management. The
160
194
199
207
221 95
measure also contravenes Freedom to vote, which is regarded as a part of
195
166
174
Article 19(1) (a) of the Indian Constitution; as it limits the choice, the voters can
213
228
232
235 96
exercise. While this measure is removed in Rajasthan, it continues to exist in
222
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175

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Haryana, and the Supreme Court of India has upheld this legislation and
200
declared it constitutionally valid.[53]
236
169
181
185
223
215
The rst mention of the Right to Education and the corresponding duty of the
161
170
190
196
state to provide primary education is found in the report of the Constituent
157
209
216
162
171
Assembly Sub Committee on Fundamental Rights in the year 1947 when it was
158
210 97 98
placed in the report on Fundamental Rights. However, the status of Right to
206
237
education as a fundamental right was short-lived as the Advisory Committee of
217
the Constituent Assembly put it in the category of the non-justiciable rights.
191
197
The reason for doing so was that India did not have adequate funds to provide
182
201
225
224 99
education to all. Though this clause was put in the category of non-justiciable
fundamental rights but its language was such that it imposed an obligation on
186
159
163
233 100
the State. Certain members of the constituent assembly wanted to make this
192 101
right binding, but the amendment for the same was not passed. The non-
226
177
218
211 102
justiciable fundamental rights were renamed as Directive Principles of State
198
Policy (DPSPs). While the demotion of Right to Education to DPSPs rendered it
230
172
183
219
212
unenforceable in the court of law but the constituent assembly considered
164
202
education as an important element for India's development. The framers of the
165
168
Constitution had multiple reasons to provide education to the children, and
220
these discussions re ect their views on the importance of education.[54]
178
193
238
Article 37 of the Constitution renders DPSPs unenforceable in the court of law,
167
173
184
203
156
but it also declares DPSPs ‘fundamental in the governance of the country' and
227
239
mentions that the state is ‘duty-bound to apply these principles in making
179
204
231
234
240 103 104
laws.' Thus, it can be said that the law imposes a duty on the state to provide
160
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199
207
221
elementary education to the people. A scholar has argued that obligations
195
166
174
imposed by the DPSPs could be moral or political, but they are constitutional
213
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232
235
obligations.[55]
222
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208 105
This non-justiciable constitutional obligation was converted into an
200
enforceable obligation with the 86th amendment to the constitution in the year
236
169
181
185
223
215 106
2002. Article 21A was added in the list of Fundamental rights wherein the Right
161
170
190
196
to Free and Compulsory education to all children between 6 to 14 years was
157
209
216
162
171
assured. The government subsequently passed the Right of Children to Free
158
210
242
and Compulsory Education Act 2009 (RTE) to provide a framework for the
206
237
ful llment of this right. Section 6 of the act puts the onus on the appropriate
217
government (in this case, the state government) to build schools in necessary
191
197
neighborhoods. Section 8 of the act puts the onus on the appropriate
182
201
225
224
government to ensure compulsory admission, attendance, and completion of
elementary education. Hence now the government is under a statutory
186
159
163
233
obligation to provide elementary education.[56]
192
243
As per data according to a report by National University for Educational
226
177
218
211
Planning and Administration Haryana has 22,268 schools providing primary
198
244
education. As per report sponsored by the Haryana government, 44.8% of the
230
172
183
219
212
government schools at primary level are not able to meet pupil-teacher ratio; at
164
202
upper primary level, 14.28% schools are not able to meet the pupil-teacher
165
168 107
ratio proposed by RTE act. The ratio is more than 100:1 in 201 schools as
220
against the recommended ratio of 30:1 and 35:1 under the RTE Act, in lower
178
193
238
primary and upper primary schools, respectively. The infrastructure in schools
167
173
184
203
156
is not bad but needs improvement. 9.3% of schools at upper primary level do
227
239
not have toilets for girls. 8.5% of schools at upper primary level do not have
179
204
231
234
240
access to electricity. The quality of education offered by the government-run
160
194
199
207
221
schools is even more deplorable. In several classes, the children cannot read
195
166
174
simple English sentences, or the students cannot even read simple words.
213
228
232
235
Also, in another class, only some of the students in rural areas can perform
222
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175
basic mathematical operations, including division and some of the children in
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246
rural areas cannot even perform basic subtraction. One of the chief reasons for
200
such miserable quality of education is unavailability of or unquali ed teachers.
236
169
181
185
223
215
In a survey conducted by the Centre for Research in Rural and Industrial
161
170
190
196
Development (CRRID) in rural areas, none of the surveyed had distinct subject
157
209
216
162
171
247
wise teachers up to class fth. There was no English teacher in the 16-
158
210
242
government school surveyed, and only one math teacher was available in 16
206
237
schools. The statistics presented above clearly shows that the government has
217
miserably failed to perform its constitutional and statutory obligation. The
191
197
conspicuous failure of the government and its draconian measure that
182
201
225
224
punishes people for its failure deserves attention.[57]
248
Citizens come together and surrender many of their natural rights to the state,
186
159
163
233
which then has to ful ll certain responsibilities. If the state fails in its duty,
192
243
then it cannot expect people to perform their basic duty. Otherwise, the
226
177
218
211 108
principle of reciprocity gets defeated. This means that the state cannot go a
198
244 109
step further and punish people for its failure. In a democracy, it is expected that
230
172
183
219
212
the government will ful ll its obligations, and the citizens will obey the law. It is
164
202
highly unjust on the part of the government to overlook its obligation of
165
168
providing people necessary mechanism to attain the formal thresholds and on
220
the top of that punishing people for not meeting those thresholds. Additionally,
178
193
238
though the government has provided such mechanisms in some cases, they are
167
173
184
203
156
utterly deplorable, thus providing no real bene t to the people.[58]
227
249
239
In the case of Ashoka Kumar Thakur vs. Union of India & Others, the Supreme
179
204
231
234
240
Court made the following remarks: The 86th amendment added article 51A (k)
160
194
199
207
221
along with article 21A. Though the government has not passed legislation to
195
166
174
implement parental duty to provide compulsory education but reading article
213
228
232
235
51A (k) with 21A distributes the obligation to provide compulsory education
222
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189
175 110
between parents and State. The state has a role to play in ensuring compulsory
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education. The court, while talking about making it compulsory to send
200
250
children to schools, noted that the government rst must provide nancial
236
169
181
185
223
215 11
incentives to ensure that parents are not forced to send their children to work.
161
170
190
196
A parallel logic that emanates from this observation of the court is that rst,
157
209
216
162
171
247
the government must ensure that it ful lls its obligation to provide elementary
158
210
242 112
education and that education must result in palpable learning for the child.[59]
206
237
251
Another important observation is from the Pakistani Supreme Court's decision
217
in 2008 where the court declared similar legislation which mandated bachelors'
191
197
degree for contesting elections to National assembly of Pakistan
182
201
225
224 113
unconstitutional. The court, among other things, reasoned that the government
248
has a duty under article 37 of the constitution of Pakistan (similar to DPSPs) to
252
159
163
186
233
promote social justice and eradicates social evils. The court further observed
192
243
that the government has failed to perform its duty. Thus, the government, by
226
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218
211
this legislation, is transferring the liability of the state on the citizens.[60]
253
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244
Further, even supposing that the government can provide formal elementary
230
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183
219
212
education to all, such a quali cation would lead to no real bene t for the
164
202
Panchayats. The Sarpanch, according to the Haryana Panchayati Raj Act, has to
165
168
preside over the meetings of the Gram Sabha, has a general duty of nancial
220 114
and executive administrative, and has to supervise the Panchayati of cials. All
178
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238
these functions require managerial and administrative skills. Formal
167
173
184
203
156
254
elementary education only teaches people arithmetic and reading. These skills
227
249
239
might help in management but are not necessary for management. Formal
179
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234
240
Education does not impart managerial skills, and if the government wants
160
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199
207
221
professional managers, then it must only allow MBAs to become Sarpanchs.
195
166
174
There is absolutely no educational requirement to contest Lok Sabha Elections
213
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235
despite that the work done by MPs is far more signi cant and technical. Every
222
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255
Panchayat has a Panchayat secretary to do the administrative paperwork and
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maintain the day to day activities. The Panchayat secretary is the person who
200
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does all the work that may involve institutional knowledge. Just like a person
236
169
181
185
223
215
need to be an economist to be the Finance Minister, as the secretaries deal
161
170
190
196 115
with the technicalities, a sarpanch need not be educated as the Panchayat
157
209
216
162
171 116
247
Secretary is there to look after the technicalities.[61]
158
210
242
257
The scrapping of the policy in Rajasthan is a welcome step. However similar
206
237
251
policy exists in Haryana as well. Also, the fact that the Supreme Court did not
217
defeat a similar policy of the Haryana government in the case of Rajbala vs. the
191
197 117
State of Haryana leaves scope for other states to enact such laws.[62]
182
201
225
224
International Jurisprudence concerning Right to Public Of ce
248
In a paper written by Nicole A. Gordon for Columbia University's School of Law,
258
159
163
186
252
233
titled "The Constitutional Right to Candidacy" Gordon wrote that "while the
192
243 118
right to vote is now recognized as a fundamental constitutional right, it remains
226
177
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211 119
unclear whether the correlative right, to candidacy, enjoys the same status.
253
198
244
Just as restrictions on the franchise have also been struck down, especially in
230
172
183
219
212
recent years, these restrictions fall into two categories: those involving a
164
202
candidate's personal quali cations, such as requirements of property
165
168
ownership, durational residence, age, and the like, and those indirectly
220
restraining candidates because they regulate the electoral process, such as
178
193
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259 120
ling fees and petition requirements." Gordon reports further that the courts
167
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156
254
have only recently become receptive to challenges to restrictions in the latter
227
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239
group; they have differed in their approaches when resolving the issues
179
204
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234
260
240 121
presented by any restriction on the candidacy. The Supreme Court has never
160
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207
221
explicitly recognized candidacy as a fundamental right, independent of the
195
166
174
right to vote. Nevertheless, lower courts are divided and have relied on dicta in
213
228
232
235
Supreme Court decisions to support con icting results, in both for and against
222
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255
recognition of a candidacy right as fundamental. The Supreme Court's failure to
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deal de nitively with the acceptability of standards and approaches in the eld
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of candidate's rights has left the lower courts with little direction and the
236
169
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185
223
215
identi cation of voters' rights with those of candidates, without decisive
161
170
190
196 122
language making explicit the scope and implications of the court's ruling. The
157
209
216
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171
247
ensuing confusion among the courts has manifested itself not only in
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210
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257
con icting views as to what standards apply but also in the contradictory
206
237
251
results reached even among courts agreeing on the applicable standards
217 123
themselves. The Burger Court has consistently resisted the expansion of the
191
197
existing class of fundamental rights. The Constitutional Right to Candidacy.[63]
182
201
225
224
In the case, Mancuso v Taft,[64] the City Home Rule Charter of Cranston, Rhode
248 124
Islands was attacked because it prohibits the individual in continuing in the
258
159
163
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233
classi ed service of the city after becoming a candidate for nomination to the
192
243 125
Rhode Island General Assembly of ce." Mancuso, a police of cer, led as a
226
177
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211
candidate for nomination to the Rhode Island General Assembly, thereby
253
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244
subjecting himself to dismissal from the police force. The court found that "the
230
172
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212
right to run for public of ce touches on two fundamental freedoms: freedom of
164
202
individual expression and freedom of association." The court took Williams'
165
168
case to suggest that candidacy falls within the scope of protected First
220
Amendment activities. Chief Judge Cof n, writing for the court, analyzed these
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259
two freedoms separately. Freedom of expression, he noted, encompasses a
167
173
184
203
156
254
wide range of activity. The individual may choose any means he pleases to
227
249
239
express himself, subject to a "narrowly de ned concept of public order and
179
204
231
234
260
240
safety." One means of expression is to become a candidate for public of ce.
160
194
199
207
221
Freedom of association, the other branch of freedom of speech, which is
195
166
174
"intimately related to the concept of making expression effective" was also
213
228
232
235 126
found to be infringed upon by the Rhode Island law. The Mancuso court
222
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175
255
concluded that:
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"A view today, that running for of ce is not an interest protected by the First
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Amendment seems to us an outlook stemming from an earlier era when the
236
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185
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215 127
public of ce was the preserve of the professional and the wealthy.
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196
Consequently, we hold that candidacy is both a protected First Amendment
157
209
216
162
171
247
right and a fundamental interest. Hence any legislative classi cation that
158
210
242
257 128
signi cantly burdens that interest must be subjected to strict equal protection
206
237
251
review."[65]
261
217
The right to vote, and, more importantly, the right to an effective vote, has
191
197
served as the basis for the application of a compelling state interest standard
182
201
225
224
to any regulation impinging upon that right. Protection of candidates' rights is
248 129 130
traced through a circuitous route whereby it is shown that voters' rights are
258
159
163
186
252
233 131 1
abridged by the impairment of a candidate's ability to gain access to the ballot.
192
243
The right to vote, it is argued, loses its importance in the absence of a
226
177
218
211
meaningful choice for the voter, and hence restrictions on candidates'
253
198
244 133
opportunities to run for of ce indirectly restrict voters as well.[66]
230
172
183
219
212
The case of Williams v. Rhodes[67] provided the rst indication at the Supreme
164
202 134
Court level that voters' rights could be impaired through candidacy restrictions.
165
168
The Court, per Justice Black, announced that the Ohio laws in question placed
220
262
heavy burdens, not only on the right to associate but also on "the right of
178
193
238
259
quali ed voters, regardless of their political persuasion, to cast their votes
167
173
184
203
156
254 135
effectively." While acknowledging that "the State is left with broad powers to
227
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239
regulate voting," the Court rejected arguments that Ohio had a compelling
179
204
231
234
260
240
interest in promoting the two-party system, in seeing that the election winner
160
194
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207
221
by choice of a majority of the voters, and in preventing voter confusion due to
195
166
174
the remote possibility of the presence of too large a number of parties on the
213
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232
235 136
ballot.
222
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255
Domestic Jurisprudence concerning Right to Public Of ce
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In the case of Quinto v COMELEC[68], the Philippine Supreme Court ruled that
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250
the right to run for public of ce is not a guaranteed right. It held that its recent
263
169
181
185
223
236
215
decision that the right to run for public of ce is "inextricably linked" with two
161
170
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196
fundamental freedoms – those of expression and association – lies on barren
157
209
216
162
171
247
ground. American case law has, in fact, never recognized a fundamental right to
158
210
242
257
express one's political views through candidacy, as to invoke a rigorous
206
237
251
standard of review. Bart v. Telford pointedly stated that "[t]he First Amendment
261
217
does not in terms confer a right to run for public of ce, and this court has held
191
197 137
that it does not do so by implication either." Thus, one's interest in seeking
182
201
225
224
of ce, by itself, is not entitled to constitutional protection. Moreover, one
248
cannot bring one's action under the rubric of freedom of association, absent
258
159
163
186
252
233
any allegation that, by running for an elective position, one is advancing the
192
243 138
political ideas of a particular set of voters.
226
177
218
211
Concept of Public Service
253
198
244
Today, more than ever, a solution to the problem is demanded. The modern man
230
172
183
219
212 139
is imbued with the idea that those wielding public power possess to their
164
202
subjects' duties rather than rights. Persons in authority are individuals, like the
165
168
rest. Whatever the name was given to them or assumed by them-kings,
220
262
emperors, consuls, presidents of a republic, senators, a deputies-their will is
178
193
238
259
human and has no distinctive character to give it any superiority whatever over
167
173
184
203
156
254 140
other intentions. Only they wield a power higher than the other individuals. Just
227
249
239
like these, they are subject to the rule of law which imposes upon them the
179
204
231
234
260
240
duty to act according to their peculiar aptitudes and to employ the most
160
194
199
207
221 141,142
considerable force at their command for the realization of the social needs.
195
166
174
Among these needs, there are some of such a nature that if the activity which
213
228
232
235
assures their ful llment were interrupted for a single moment, such a
222
187
189
175
255
disturbance would result from there for the society that its very life might be
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208 143 144,145
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imperiled . The persons in authority are therefore under a juridical duty to
200
250
employ the most considerable force at their command to assure the
263
169
181
185
223
236
215
accomplishment without interruption of these activities of collective interest
161
170
190
196
which, at a given moment, are indispensable in a particular society so that it
157
209
216
162
171 146
247
may live and develop.[69]
158
210
242
257 147
And this is the fundamental concept of public service, which is de ned as every
206
237
251
activity of general interest which is of such importance to the entire collectivity
261
217
that those in authority are under a duty to ensure its accomplishment
191
197 148,149
continuously, even by the use of force. Those in power are thus under an
182
201
225
224
obligation to insure without interruption the operation of the public services,
248
because they are, as members of the society like all the rest, subject to the
258
159
163
186
252
233
social discipline which obliges them to act in conformity to their condition and
192
243 150,151
means of action.[70]
226
177
218
211 152
It will be perceived that if those in authority have the duty imposed upon them
253
198
244
to ensure the operation of public services without interruption, they may
230
172
183
219
212
legitimately do all acts, formulate all orders, and accomplish all material
164
202 153
actions whose aim it is to secure the operation of public services. If they meet
165
168
with resistance, they can legitimately overcome it by force, but in so acting,
220
262
they do not exercise a claim of power, sovereignty. They ful ll only the duty
178
193
238
259
which the rule of law has imposed upon them, and if the people governed are
167
173
184
203
156
254
obliged to act upon the orders of those in authority, they, in turn, submit only to
227
249
239 154
the rule of law.[71]
179
204
231
234
260
240
The state thus ceases to-be a sovereign power which commands. It is a
160
194
199
207
221
cooperation of public services, constituted, regulated, directed, and controlled
195
166
174
by those in authority, who in doing so ful ll the obligation imposed upon them
213
228
232
235
by the rule of law based upon the social solidarity.[72]
222
187
189
175
255

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Logically it follows that obedience is owed to those in authority only so long as
200
250
they command regarding a public service, and to the extent that they act
263
169
181
185
223
236
215
toward the same end. It also follows that in all well-organized countries there
161
170
190
196
should exist a right of recourse against all acts whatever of those in authority
157
209
216
162
171
247
which exceed the aim of public service, be it through an act of legislation, or an
158
210
242
257 155
individual act.[73]
206
237
251
[1] Jhoanna Ballaran, ‘Con-com panel wants to require College Degrees for
261
217
Senate, House Elective Posts' Philippine Daily Inquirer (Manila, 20 March 2018)
191
197
<http://bit.ly/2YHl1pq> accessed 9 September 2018.
182
201
225
224
[2] Matika Mantos, ‘Santiago wants college degrees enshrined in Constitution
248
for elected of cials' Philippine Daily Inquirer (Manila, 11 January 2013)
258
159
163
186
252
233
<http://bit.ly/2yDETLv> accessed 9 September 2018.
192
243
[3] Ayee Macaraig, ‘Don't let idiots run for President-Miriam" Rappler (Manila,
226
177
218
211
21 March 2014) <http://bit.ly/2T16QpW> accessed 9 September 2018.
253
198
244
[4] Patricia Ann Roxas, ‘Alvarez backs Con-com's bid to require college degree
230
172
183
219
212
for Congress Members" Philippine Daily Inquirer (Manila, 20 March 2018)
164
202
<http://bit.ly/2Kdwk0T> accessed 9 September 2018.
165
168
[5] ‘‘Undemocratic' to require higher educations for elected of cials: Davide'
220
262
ABS-CBN News (Manila 29 Jan 2018) <http://bit.ly/2T2ujXP> accessed 9
178
193
238
259
September 2018.
167
173
184
203
156
254
[6] Vanne Elaine Terrazola, ‘Sotto doubts raising quali cations for elective
227
249
239
of cials will be approved' Manila Bulletin (Manila, 20 July 2018)
179
204
231
234
260
240
<http://bit.ly/2LVQRsN> accessed 9 September 2018.
160
194
199
207
221
[7] Supra note 5.
195
166
174
[8] 1987 Philippine Constitution, Article VII, Section 2.
213
228
232
235
[9] JST, ‘College degree required for President, VP, Senators, other of cials –
222
187
189
175
255
draft federal Charter' GMA News Online (Manila 9 July 2018)
188
214
176
205
245

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241
180
229
208
246
256
<http://bit.ly/31anTca> accessed 9 September 2018.
200
250
[10] Ibid.
263
169
181
185
223
236
215
[11] Draft Federal Constitution, Article VII, Section 3.
161
170
190
196
[12] Ibid, Section 6.
157
209
216
162
171
247
[13] Draft Federal Constitution, Article VIII, Section 2.
158
210
242
257
[14] Keith E. Whittington, Constitutional Interpretation: Textual Meaning,
206
237
251
Original Intent, and Judicial Review (2001).
261
217
[15] Paula O'Brien, Changing Public Interest Law: Overcoming the law's barriers
191
197
to social change lawyering (2011).
182
201
225
224
[16] Christopher Moore, Our Canadian Republic -- Do we display too much
248
deference to authority ... or not enough? (11 November 2008).
258
159
163
186
252
233
[17] ‘What is a human rights-based approach?' Retrieved from
192
243
<http://bit.ly/2OwmivF> accessed 11 November 2018.
226
177
218
211
[18] ‘What is a human rights-based approach?' Retrieved from
253
198
244
<http://bit.ly/2YF9OWw> accessed 11 November 2018.
230
172
183
219
212
[19] 1935 Philippine Constitution, Article VI, Section 4.
164
202
[20] 1935 Philippine Constitution, Article VI, Section 7.
165
168
[21] 1973 Philippine Constitution, Article VIII, Section 4.
220
262
[22] 1987 Philippine Constitution, Article VI, Section 3.
178
193
238
259
[23] 1987 Philippine Constitution, Article VI, Section 6.
167
173
184
203
156
254
[24] 1935 Constitution, Article VII, Section 3.
227
249
239
[25] 1973 Philippine Constitution, Article VII, Section 3.
179
204
231
234
260
240
[26] 1987 Philippine Constitution, Article VII, Section 2.
160
194
199
207
221
[27] United Nations Universal Declaration of Human Rights, Section 21.
195
166
174
[28] Powell vs. McCormack [1969] 395 U.S. 486.
213
228
232
235
[29] ‘The Filipino right to run for public of ce' The Manila Times (Manila, 12
222
187
189
175
255
October 2018) <http://bit.ly/2T0OhSZ> accessed 14 October 2018.
188
214
176
205
245

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180
229
208
246
256
[30] Supra note 2.
200
250
[31] Supra note 3.
263
169
181
185
223
236
215
[32] Supra note 2.
161
170
190
196
[33] ‘The Problem with Elections' (Press Release, 2012) Retrieved from
157
209
216
162
171
247
<http://bit.ly/33iqjYe> accessed 14 October 2018.
158
210
242
257
[34] ‘Raise literacy requirement for public of ce candidates, Nene Pimentel
206
237
251
says' ABS-CBN News (Manila, 27 January 2018) <http://bit.ly/33a7JBd>
261
217
accessed 9 September 2018.
191
197
[35] Supra note 4.
182
201
225
224
[36] Mara Cepeda, ‘College degree requirement for elected of cial's anti-poor –
248
lawmaker' Rappler (Manila 26 November 2018) <http://bit.ly/31gKCUa>
258
159
163
186
252
233
accessed 9 September 2018.
192
243
[37] Supra note 5.
226
177
218
211
[38] Supra note 6.
253
198
244
[39] RG Cruz, ‘Anti-democratic? Solon hots proposal requiring a college degree
230
172
183
219
212
for elected of cials' ABS-CBN News (Manila 23 March 2018) <
164
202
http://bit.ly/2YHEja9> accessed 9 September 2018.
165
168
[40] Supra note 36.
220
262
[41] Nicholas Carnes & Noam Lupu, ‘What Good is a College Degree? Education
178
193
238
259
and Leader Quality Considered' [2016] Volume 78 (1) The Journal of Politics <
167
173
184
203
156
254
http://bit.ly/2ODH2BT> accessed 9 September 2018.
227
249
239
[42] Besley, Timothy, & Marta Reynal-Querol, ‘Do Democracies Select More
179
204
231
234
260
240
Educated Leaders?' [2011] American Political Science Review 105 (3): 552–66.
160
194
199
207
221
[43] Atkinson, Michael M., and Dustin Rogers, ‘Better Politicians: If We Pay, Will
195
166
174
They Come?' [2012] Paper presented at the Annual Meeting of the CPSA,
213
228
232
235
Edmonton.
222
187
189
175
255
[44] Supra note 41.
188
214
176
205
245

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180
229
208
246
256
[45] Supra note 41.
200
250
[46] Ibid.
263
169
181
185
223
236
215
[47] Supra note 41.
161
170
190
196
[48] Supra note 41.
157
209
216
162
171
247
[49] Ibid, page 40.
158
210
242
257
[50] Ibid, page 44.
206
237
251
[51] Supra note 41, page 47.
261
217
[52] ‘Rajasthan xes minimum educational quali cation for Panchayat polls'
191
197
Retrieved from <http://bit.ly/2T8yJNc> accessed 17 May 2019.
182
201
225
224
[53] Himanshu Raghuwanshi, ‘Educational Quali cations for Panchayat
248
Elections' (Racolb Legal, 2019) <http://bit.ly/2YitFeO> accessed 6 May 2019.
258
159
163
186
252
233
[54] Supra note 52.
192
243
[55] Ibid.
226
177
218
211
[56] Supra note 52.
253
198
244
[57] Supra note 52.
230
172
183
219
212
[58] Supra note 52.
164
202
[59] Supra note 52.
165
168
[60] Ibid
220
262
[61] Supra note 52.
178
193
238
259
[62] Ibid.
167
173
184
203
156
254
[63] Nicole A. Gordon, ‘The Constitutional Right to Candidacy' [1976] Political
227
249
239
Science Quarterly Vol. 91, No. 3 (pp. 471-487).
179
204
231
234
260
240
[64] [1973] 476 F. 2d 187
160
194
199
207
221
[65] Mancuso case, supra note 63.
195
166
174
[66] Supra note 62.
213
228
232
235
[67] [1968] 393 U.S. 23.
222
187
189
175
255
[68] [2010] G.R. No. 189698
188
214
176
205
245

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229
208
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256
[69] Leon Duguit, ‘The Concept of Public Service' [1923] Volume 32 Yale Law
200
250
Journal
263
169
181
185
223
236
215
[70] Ibid.
161
170
190
196
[71] Supra note 68.
157
209
216
162
171
247
[72] Ibid.
158
210
242
257
[73] Ibid.
206
237
251

261
217

191
197

182
201
225
224

248

258
159
163
186
252
233

192
243

226
177
218
211

253
198
244

230
172
183
219
212

164
202

165
168

220
262

178
193
238
259

167
173
184
203
156
254

227
249
239

179
204
231
234
260
240

160
194
199
207
221

195
166
174

213
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232
235

222
187
189
175
255

188
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205
245

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1. elected → selected Word Choice Engagement
200
250

263
169
181
185
223
236 2. be violated Passive Voice Misuse Clarity
215

161
170
190
196
3. violated → broken Word Choice Engagement
157
209
216
162
171
247
4. profession → business Word Choice Engagement
158
210
242
257

206
237
251 5. legal → judicial Word Choice Engagement

261
217 6. The legal Determiner Use (a/an/the/this, Correctness
191
197
etc.)

182
201
225
224 7. also utilized → also used, used also Word Choice Engagement
248
8. is discussed Passive Voice Misuse Clarity
258
159
163
186
252
233
9. interviews → discussions, meetings, Word Choice Engagement
192
243
conversations
226
177
218
211
10. The study also explored some Wordy Sentences Clarity
253
198
244 signi cant jurisprudence in the
230
172
183
219
country as well as foreign
212
jurisprudence on the subject matter
164
202 of the inquiry.

165
168
11. additional → other Word Choice Engagement
220
262
12. additional → other Word Choice Engagement
178
193
238
259

16713. The data that were analyzed in this Hard-to-read text Clarity
173
184
203
156
254
research was obtained by the use of
227
249
239 the following concepts (1) necessity
to impose the additional
179
204
231
234
260
240 quali cation; (2) effects of the
additional quali cation vis-à-vis
160
194
199
207
221
Social Justice and Equal Protection;
195
166 (3) rights that may be violated by the
174
additional requireme…
213
228
232
235

14. is primarily based Passive Voice Misuse Clarity

222
187
189
175
255

17615.
188
214
205
245 Textualism is a formalist theory in Hard-to-read text Clarity

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180
229
208 which the interpretation of the law is
246
256
primarily based on the ordinary
200
250 meaning of the legal text, where no
263
169
181
185
223
236 consideration is given to non-textual
215
sources, such as intention of the law
161
170
190
196 when passed, the problem it was
intended to remedy, or signi cant
157
209
216
162
171
247 questions reg…
158
210
242
257
16. ordinary → usual Word Choice Engagement
206
237
251

17. text → book Word Choice Engagement

261
217

19118.
197 Textualism looks into the ordinary Wordy Sentences Clarity
meaning of the language of the text
182
201
225
224
and at the ordinary sense of the text,
248
not merely the possible range of
meaning of each of its constituent
258
159
163
186
252
233
words.

192
243
19. was used Passive Voice Misuse Clarity
226
177
218
211
20. In utilizing this theory, Textualism Hard-to-read text Clarity
253
198
244 was used in determining whether or
not the right to public of ce is a
230
172
183
219
212 guaranteed right in the 1987
164
202 Constitution, Draft Federal
Constitution and International
165
168 Agreements based on the plain
reading of their texts.
220
262

25921.
178
193
238 legal, constitutional boundaries Passive Voice Misuse Clarity
should constrain politics
167
173
184
203
156
254
22. Liberal legalism has also been called Hard-to-read text Clarity
227
249
239
legal constitutionalism, such as is
179
204
231
234
260 found in the United States and
240
Germany, with political
160
194
199
207
221 constitutionalism, which is more
typical of Britain, by British
195
166
174 constitutional scholar Adam
Tomkins.
213
228
232
235

17523.
222
187
189
255 He argues in his book Our Republican Hard-to-read text Clarity
Constitution that the British system
188
214
176
205
245 of governance, in which Parliament

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180
229
208 controls government ministers,
246
256
provides a better check on executive
200
250 power than a system like that of the
263
169
181
185
223
236 United States, where courts and laws
215
are used to check executive power.
161
170
190
196

24. A Human Rights-Based Approach is a Hard-to-read text Clarity

157
209
216
162
171
247 conceptual framework for the
158
210
242
257 process of human development that
is normatively based on international
206
237
251 human rights standards and
operationally directed to promoting
261
217 and protecting human rights.
191
197
25. A Human Rights-Based Approach is Hard-to-read text Clarity
182
201
225
224 about empowering people to know
and claim their rights and increasing
248 the ability and accountability of
individuals and institutions who are
258
159
163
186
252
233 responsible for respecting,
192
243 protecting, and ful lling rights.

21126.
226
177
218 be held Passive Voice Misuse Clarity
253
198
244
27. are integrated Passive Voice Misuse Clarity
230
172
183
219
212

28.
164
202 It is about ensuring that both the Wordy Sentences Clarity
standards and the principles of
165
168 human rights are integrated into
policymaking as well as the day to
220
262 day running of organizations.
178
193
238
259
29. is viewed Passive Voice Misuse Clarity
167
173
184
203
156
254
30. The study initiated with an Wordy Sentences Clarity
227
249
239
examination of how the educational
179
204
231
234
260 requirement is viewed in the
240
perspective of Textualism and Liberal
160
194
199
207
221 Legalism.

195
166
174
31. is guaranteed Passive Voice Misuse Clarity
213
228
232
235
32. on the basis of → based on Wordy Sentences Clarity
222
187
189
175
255

18833.
214
245
176
205 On this part of this paper, the study Hard-to-read text Clarity

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180
229
208 looked into different sources on the
246
256
basis of the very existence of the
200
250 right to public of ce, which includes
263
169
181
185
223
236 the 1987 Constitution, the Draft
215
Federal Constitution, and
161
170
190
196 jurisprudence laid down by the
Philippine Supreme Court on whether
157
209
216
162
171
247 the right to public of …
158
210
242
257
34. right → power Word Choice Engagement
206
237
251

35. is juxtaposed Passive Voice Misuse Clarity

261
217

19136.
197 in relation to → about, to, with, Wordy Sentences Clarity
concerning
182
201
225
224

24837. The second layer aids in Incomplete Sentences Correctness

understanding the nature of the right
258
159
163
186
252
233 of public of ce, the relationship
between social justice and equal
192
243
protection clauses in relation to the
226
177
218
additional quali cation provision as
211
well as how it affects human rights.
253
198
244
38. is implemented Passive Voice Misuse Clarity
230
172
183
219
212

16439.
202 civil → public Word Choice Engagement
165
168
40. be invoked Passive Voice Misuse Clarity
220
262

41. been obtained Passive Voice Misuse Clarity

178
193
238
259

167
15642.
173
184
203
254 Known as Out-of-school children and Hard-to-read text Clarity
youth, which refers to family
227
249
239 members 6 to 14 years old who are
not attending formal school; and
179
204
231
234
260
240 family members 15 to 24 years old
160
194
199
207
221 who are currently out of school, not
gainfully employed, and have not
195
166
174 nished college or post-secondary
course.
213
228
232
235

43.
222
187
189 be invoked Passive Voice Misuse Clarity
175
255

188
214
17644.
205
245 The person who has the highest Wordy Sentences Clarity

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180
229
208 political position in a country that is
246
256
a republic and who, in some of these
200
250 countries, is the leader of the
263
169
181
185
223
236 government.
215

16145.
170
190
196
be approximated Passive Voice Misuse Clarity
157
209
216
162
171
247
46. Refers to "neither communism, nor Hard-to-read text Clarity
158
210
242
257 despotism, nor atomism, nor
anarchy," but the humanization of
206
237
251
laws and the equalization of social
261
and economic forces by the State so
217
that justice in its rational and
191
197 objectively secular conception may
at least be approximated.
182
201
225
224

47.
248
to Inappropriate Colloquialisms Delivery

23348.
258
159
163
186
252 Under the 1935 Constitution, Hard-to-read text Clarity
individuals who wish to run for the
192
243
senatorial post must be a natural-
226
177
218
born citizen of the Philippines and, at
211
the time of his election, is at least
253
198
244
thirty- ve years old, a quali ed
elector, and a resident of the
230
172
183
219
212 Philippines for not less than two
years immediately befo…
164
202

16849.
165 On the other hand to be a House Hard-to-read text Clarity
Representative he must be a natural-
220
262 born citizen of the Philippines, and,
at the time of his election, is at least
178
193
238
259
twenty- ve years of age, a quali ed
167
173
184
203
elector, and a resident of the
156
254
province in which he is chosen for not
227
249
239
less than one year immediately prior
to his …
179
204
231
234
260
240
50.
160
194
199
207
221
With the 1973 Constitution, it Hard-to-read text Clarity
requires the National Assembly
195
166
174
members to be a natural-born citizen
of the Philippines and, on the day of
213
228
232
235 the election, is at least twenty- ve
years of age, able to read and write, a
222
187
189
175
255 registered voter in the district in
which he shall be elected, and a
188
214
176
205
245 resident thereo…

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180
229
208
246
256
51. election → vote Word Choice Engagement
200
250

21552.
263
169
181
185
223
236 election → vote Word Choice Engagement
161
170
190
196
53. While a House Representative must Hard-to-read text Clarity
157
209
216
162
171 also be a natural-born citizen of the
247
Philippines and, on the day of the
158
210
242
257 election, is at least twenty- ve years
of age, able to read and write, and,
206
237
251
except the party-list representatives,
261
a registered voter in the district in
217
which he shall be elected, and a
191
197 resi…

182
201
225
224
54. The President or Vice-President Hard-to-read text Clarity
248
under the 1935 Constitution
mandates that they should be a
258
159
163
186
252
233
natural-born citizen of the
Philippines, a quali ed voter, forty
192
243 years of age or over, and has been a
resident of the Philippines for at
226
177
218
211 least ten years immediately
preceding the election.
253
198
244

21255.
230
172
183
219 Under the 1973 Constitution, the age Hard-to-read text Clarity
quali cation of the President and
164
202
Vice President was increased to at
least fty years of age at the day of
165
168
his election and must still be a
220
262 resident of the Philippines for at
least ten years immediately
178
193
238
259 preceding his election.
167
173
184
203
156
254
56. right → power Word Choice Engagement
227
249
239
57. It says that everyone has the right to Hard-to-read text Clarity
179
204
231
234
260
240 take part in the government of his
160
194
199
207
221
country, directly or through freely
chosen representatives and Everyone
195
166
174
has the right of equal access to
public service in his country.
213
228
232
235

58.
222
187
189
It would be hard to make a case for Hard-to-read text Clarity
175
255
the idea that the Constitution forbids
188
214
176
205
245
that right to any duly quali ed
citizen, particularly since the Tenth

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180
229
208 Amendment reserves all
246
256
unenumerated rights for the states
200
250 or the people.
263
169
181
185
223
236
215
59. are closely aligned Passive Voice Misuse Clarity
161
170
190
196

60.
157
209
216
162
171 States and local districts may set Hard-to-read text Clarity
247
their own quali cations, but unless
158
210
242
257 these are closely aligned with those
in the Constitution governing
206
237
251
candidacies for high national of ce,
261
such laws would be ripe for a
217
Fourteenth Amendment challenge.
191
197
61. is nowhere mentioned Passive Voice Misuse Clarity
182
201
225
224

24862. suffrage → ballot Word Choice Clarity

258
159
163
186
252
233
63. Even before the move of adding Hard-to-read text Clarity
192
243 college degree as a quali cation for
the of ce of the President, Vice
226
177
218
211 President, Senator, and members of
the House of Representatives the
253
198
244 late Senator Miriam Defensor
Santiago believed that a college
230
172
183
219
212 degree should be a requirement
164
202 enshrined in the Constitution for e…

16564.
168 This Intricate Text Clarity
220
262
65. are not educated Passive Voice Misuse Clarity
178
193
238
259

16766. are not educated Passive Voice Misuse Clarity

173
184
203
156
254

22767.
249
239 Further, in another speech entitled Hard-to-read text Clarity
"The Problem with Election" in the
179
204
231
234
260
240 Far Eastern University, she stressed
160
194
199
207
221 that of the millions of voters in the
Philippines the greater majority are
195
166
174 not intelligent, they are not educated
for voting, and the candidate they
213
228
232
235 choose are not educated for serving.
222
187
189
175
255
68. be imposed Passive Voice Misuse Clarity
188
214
176
205
245

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180
229
20869. Furthermore, although the Hard-to-read text Clarity
246
256
Constitution provides that a senator
200
250 should be literate that he should be
263
169
181
185
223
236 able to read and write, the same
215
Constitution does not require any
161
170
190
196 educational attainment on the part
of any candidate.
157
209
216
162
171
247

25770.
158
210
242 be raised Passive Voice Misuse Clarity

206
237
251
71. were turned Passive Voice Misuse Clarity
261
217
72. On the question on why should we Hard-to-read text Clarity
191
197 expect politicians who have more
formal education to be better
182
201
225
224
leaders, the most common answer in
248
the scholarly literature is that people
with more schooling have more
258
159
163
186
252
233
human capital and tend to be more
engaged in civic life.
192
243

73.
226
177
218
education → training, knowledge, Word Choice Engagement
211
culture
253
198
244
74. In their work on whether Hard-to-read text Clarity
230
172
183
219
212 democracies select more educated
164
202 leaders, Besley and Reynal-Querol
argue that education is a particularly
165
168 exciting aspect of political selection
given the strong correlation found
220
262 between educational attainment and
earnings, which is consistent with
178
193
238
259
education either enhanci…
167
173
184
203
156
254
75. Education → Training Word Choice Engagement
227
249
239

76.
260
179
204
231
234 Similarly, Atkinson and Rogers note Hard-to-read text Clarity
240
that scores of papers have
160
194
199
207
221 established a clear link between
education and lifetime income, and
195
166
174 education is a de nite contributor to
civic engagement, from the simple
213
228
232
235
act of voting to dedicated activism.
222
187
189
175
255
77. education → knowledge Word Choice Engagement
188
214
176
205
245

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180
229
20878. Why use education to measure leader Hard-to-read text Clarity
246
256
quality because people with more
200
250 education tend to have more of the
263
169
181
185
223
236 skills that make employees valuable
215
and that make it easy for citizens to
161
170
190
196 engage in politics.

157
209
216
162
171
24779. education → knowledge Word Choice Engagement
158
210
242
257
80. education → schooling Word Choice Engagement
206
237
251

21781.
261 People with degrees may earn more Hard-to-read text Clarity
not because they have superior
191
197 skills, but because employers
assume that degrees are markers of
182
201
225
224
quality and offer more pay to people
248
who have them.

23382.
258
159
163
186
252 People with more education may also Hard-to-read text Clarity
participate in civic life more not
192
243
because they have superior abilities,
226
177
218
but because the political process
211
tends to be more responsive to more
253
198
244
privileged people and they have more
to gain by engaging.
230
172
183
219
212

83.
164
202 Campaigning and governing are Hard-to-read text Clarity
highly specialized tasks, and the
165
168 human capital people acquire from
formal education may not give them
220
262 signi cant advantages when they
decide to seek public of ce.
178
193
238
259

167
15684.
173
184
203
254 human → social Word Choice Engagement

227
249
239
85. Moreover, because holding of ce Hard-to-read text Clarity
179
204
231
234
260 requires so much human capital in
240
the rst place, people with less
160
194
199
207
221 formal education (and, for that
matter, people with more) who make
195
166
174 it to leadership positions may have
far more human capital than the
213
228
232
235
average person from their education
222
187
189
level.
175
255

17686.
188
214
205
245 Even if there is an association Hard-to-read text Clarity

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180
229
208 between education and ability in the
246
256
general public, if the processes we
200
250 use to select leaders screen out
263
169
181
185
223
236 people with less human capital, the
215
association between education and
161
170
190
196 human capital among politicians may
be weak— or nonexistent.
157
209
216
162
171
247

25787.
158
210
242 more human → more social Word Choice Engagement

206
237
251
88. education → knowledge, training Word Choice Engagement
261
217
89. Even if ordinary citizens with more Hard-to-read text Clarity
191
197 formal education have more human
capital, there are good reasons to
182
201
225
224
doubt that leaders with more
248
education are all that different from
leaders with less.
258
159
163
186
252
233
90. Further, in sharp contrast to the idea Hard-to-read text Clarity
192
243
that educated leaders are better
226
177
218
leaders, under the US Congress
211
setting, it found that politicians with
253
198
244
college degrees perform about the
same as politicians without college
230
172
183
219
212 degrees basing on the factors of the
number of legislations passed,
164
202
number of years in…
165
168
91. When a national leader takes of ce Hard-to-read text Clarity
220
262 unexpectedly, the country does not
seem to perform better if the leader
178
193
238
259
has a college degree—it is no less
167
173
184
203
likely to engage in interstate
156
254
con icts, its economic output and
227
249
239
growth are about the same, and the
country may experience slightly more
179
204
231
234
260
240 labor con icts.
160
194
199
207
221
92. When a candidate wins a close Hard-to-read text Clarity
195
166
174
election for the US Congress, the
member is not more likely to succeed
213
228
232
235 in future elections if she has a
college degree—if anything, her time
222
187
189
175
255 in of ce may be slightly shorter.
188
214
176
205
245
93. dif cult tricky Word Choice Engagement

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180
229
208 →
246
256

20094. People with college degrees may not Hard-to-read text Clarity
250
have more of the skills that make for
263
169
181
185
223
236
215 success in politics, or holding of ce
may be so dif cult that only highly
161
170
190
196
skilled people end up in leadership
positions (regardless of whether they
157
209
216
162
171
247 have college degrees).
158
210
242
257
95. is regarded Passive Voice Misuse Clarity
206
237
251

21796.
261 is removed Passive Voice Misuse Clarity

191
197
97. was placed Passive Voice Misuse Clarity
182
201
225
224
98. The rst mention of the Right to Hard-to-read text Clarity
248
Education and the corresponding
258
159
163
186
252
duty of the state to provide primary
233
education is found in the report of
192
243 the Constituent Assembly Sub
Committee on Fundamental Rights in
226
177
218
211 the year 1947 when it was placed in
the report on Fundamental Rights.
253
198
244

99.
230
172
183
219
212
was put Passive Voice Misuse Clarity

164
202
100. Though this clause was put in the Wordy Sentences Clarity
165
168
category of non-justiciable
fundamental rights but its language
220
262 was such that it imposed an
obligation on the State.
178
193
238
259

101.
167
173
184
203 was not passed Passive Voice Misuse Clarity
156
254

102.
227
249
239 were renamed Passive Voice Misuse Clarity
179
204
231
234
260
240
103. Article 37 of the Constitution renders Hard-to-read text Clarity
160
194
199
207
221 DPSPs unenforceable in the court of
law, but it also declares DPSPs
195
166
174 ‘fundamental in the governance of
the country' and mentions that the
213
228
232
235
state is ‘duty-bound to apply these
222
187
189 principles in making laws.'
175
255

188
214
104.
176
205
245 be said Passive Voice Misuse Clarity

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180
229
208
246
256
105. was converted Passive Voice Misuse Clarity
200
250

106.
263
169
181
185
223
236
215 was added Passive Voice Misuse Clarity

161
170
190
196
107. As per report sponsored by the Hard-to-read text Clarity
157
209
216
Haryana government, 44.8% of the
162
171
247
government schools at primary level
158
210
242
257 are not able to meet pupil-teacher
ratio; at upper primary level, 14.28%
206
237
251 schools are not able to meet the
pupil-teacher ratio proposed by RTE
261
217 act.
191
197
108. This Intricate Text Clarity
182
201
225
224

109.
248 is expected Passive Voice Misuse Clarity

258
159
163
186
252
110.
233 Though the government has not Hard-to-read text Clarity
192
243
passed legislation to implement
parental duty to provide compulsory
226
177
218
211
education but reading article 51A (k)
with 21A distributes the obligation to
253
198
244 provide compulsory education
between parents and State.
230
172
183
219
212

111.
202
164 The court, while talking about making Hard-to-read text Clarity
it compulsory to send children to
165
168 schools, noted that the government
rst must provide nancial
220
262
incentives to ensure that parents are
178
193
238
259
not forced to send their children to
work.
167
173
184
203
156
254
112. A parallel logic that emanates from Hard-to-read text Clarity
227
249
239 this observation of the court is that
179
204
231
234
260
rst, the government must ensure
240
that it ful lls its obligation to provide
160
194
199
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221 elementary education and that
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Also, the fact that the Supreme Court Hard-to-read text Clarity
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119. In a paper written by Nicole A. Hard-to-read text Clarity
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132.
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meaningful choice for the voter, and
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135. The Court, per Justice Black, Hard-to-read text Clarity
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regardless of their political
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effectively."
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136.
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voting," the Court rejected arguments
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seeing that the election winner by
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137. Bart v. Telford pointedly stated that " Hard-to-read text Clarity
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terms confer a right to run for public
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does not do so by implication either."
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138.
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action under the rubric of freedom of
248 association, absent any allegation
that, by running for an elective
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voters.
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139. is imbued Passive Voice Misuse Clarity
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140.
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them or assumed by them-kings,
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emperors, consuls, presidents of a
republic, senators, a deputies-their
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will is human and has no distinctive
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whatever over other intentions.
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141.
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the rule of law which imposes upon
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them the duty to act according to
their peculiar aptitudes and to
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them the duty to act according to
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such a disturbance would result from
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there for the society that its very life
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145.
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which assures their ful llment were
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interrupted for a single moment,
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there for the society that its very life
might be imperiled.
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146.
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The persons in authority are Hard-to-read text Clarity
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therefore under a juridical duty to
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employ the most considerable force
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of these activities of collective
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interest which, at a given moment,
are indispensable in a particular
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of public service, which is de ned as
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authority are under a duty to ensure
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even by the use of force.

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of public service, which is de ned as
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every activity of general interest
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which is of such importance to the
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its accomplishment continuously,
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150. Those in power are thus under an Hard-to-read text Clarity
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obligation to insure without
interruption the operation of the
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rest, subject to the social discipline
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conformity to their condition and
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151. Those in power are thus under an Wordy Sentences Clarity
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interruption the operation of the
248 public services, because they are, as
members of the society like all the
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conformity to their condition and
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244 be perceived Passive Voice Misuse Clarity
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153. It will be perceived that if those in Hard-to-read text Clarity
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authority have the duty imposed
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public services without interruption,
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formulate all orders, and accomplish
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secure the operation of public
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254 services.
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154. They ful ll only the duty which the Hard-to-read text Clarity
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and if the people governed are
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those in authority, they, in turn,
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155. It also follows that in all well- Hard-to-read text Clarity
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exist a right of recourse against all
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service, be it through an act of
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215
156. members of local and national Santiago wants college degree Originality
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bureaucracies to be degree holders, enshrined in Constitution ...
there is no reason why https://newsinfo.inquirer.net/339
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247 055/santiago-wants-college-
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257 degree-enshrined-in-
constitution-for-elected-of cials
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157. On the other hand, Former Chief Draft federal Charter poses ‘twin Originality
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Justice Hilario Davide horrors’ - panaynews.net
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197 https://www.panaynews.net/draft
-federal-charter-poses-twin-
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158. it will be undemocratic to ask 'Undemocratic' to require higher Originality
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elective public of cials for education for elected ...
quali cations higher than being able https://news.abs-
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243 to read and write. cbn.com/news/01/29/18/undemo
cratic-to-require-higher-
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211 education-for-elected-of cials-
davide
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159.
230
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212 There have been proposals to include 'Undemocratic' to require higher Originality
educational quali cations in both the education for elected ...
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cbn.com/news/01/29/18/undemo
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168
cratic-to-require-higher-
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262 education-for-elected-of cials-
davide
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160.
167 the current 1987 constitution's Santiago wants college degree Originality
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requirements for a person to be enshrined in Constitution ...
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239
elected president is that "he is a https://newsinfo.inquirer.net/339
natural-born citizen of the 055/santiago-wants-college-
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240 Philippines, a registered voter, able degree-enshrined-in-
to read and write, at least forty years constitution-for-elected-of cials
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221 of age on the day of the election, and
a resident of the Philippines for at
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174 least ten years im…
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161. the posts of President, Vice Honesty is the best policy | The Originality
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255 President, Senator, and members of Manila Times Online
the House of Representatives https://www.manilatimes.net/hon
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162. to have a college degree or its Anti-democratic? Solon hits Originality
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215 equivalent proposal requiring a college ...
https://news.abs-
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cbn.com/news/03/23/18/anti-
democratic-solon-hits-proposal-
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247 requiring-a-college-degree-for-
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257 elected-of cials

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163. a natural-born citizen of the the quali ed voters in the Originality
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217
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197 years of age, holder of a college p44ji0b/the-quali ed-voters-in-
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248 elected for not less than two years
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164.
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243 The same Article provides that no Law of the Land equals Due Originality
person shall be Process - 1215.org
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211 https://www.1215.org/lawnotes/w
ork-in-progress/lawoftheland.htm
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165.
230
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212 unless he is a natural-born citizen of Senate of the Philippines - Originality
the Philippines, Wikipedia
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https://en.wikipedia.org/wiki/Sen
ate_of_the_Philippines
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166.
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262 must be a natural-born citizen of the List of presidents of the Originality
Philippines, a registered voter, Philippines - Wikipedia
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https://en.wikipedia.org/wiki/List
167
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_of_Presidents_of_the_Philippine
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s
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167. To strike a balance between the right The ADA: Questions and Answers - Originality
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204
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240 of eeoc.gov
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https://www.eeoc.gov/eeoc/public
ations/adaqa1.cfm
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168. Textualism is a formalist theory in Textualism - Wikipedia Originality
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which the interpretation of the law is https://en.wikipedia.org/wiki/Text
222
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primarily based on the ordinary ualism
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meaning of the legal text, where no
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consideration is given to non-textual
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intended to remedy, or signi cant
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169. Liberal legalism is a belief that Liberal legalism - Wikipedia Originality
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politics should be constrained by https://en.wikipedia.org/wiki/Libe
legal, constitutional boundaries. ral_legalism
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170.
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257 Liberal legalism has also been called Liberal legalism - Wikipedia Originality
legal constitutionalism, such as is https://en.wikipedia.org/wiki/Libe
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found in ral_legalism
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171. United States and Germany, with Liberal legalism - Wikipedia Originality
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197 political constitutionalism, which is https://en.wikipedia.org/wiki/Libe
more typical of Britain, by British ral_legalism
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224
constitutional scholar Adam
248
Tomkins. He argues in his book Our
Republican Constitution that the
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British system of governance, in
which Parliament controls
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243 government ministers, provides a
bette…
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172.
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A Human Rights-Based Approach is a What is HRBAP? | Human Rights- Originality
conceptual framework for the based Approach to ...
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212 process of human development that https://www.unicef.org/policyanal
is normatively based on international ysis/rights/index_62012.html
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human rights standards and
operationally directed to promoting
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and protecting human rights. It seeks
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262 to analyze inequalities which lie at
the heart of development …
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173.
167 Approach is about empowering What is a human rights based Originality
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people to know and claim their rights approach? - Care about Rights
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239
and increasing the ability and http://careaboutrights.scottishhu
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174. opportunities to participate in What is a human rights based Originality
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263
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236 manrights.com/whatisahumanrig
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176. is about ensuring that both the What is a human rights based Originality
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247 standards and the principles of approach? - Care about Rights
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261
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177. A person, place, or thing unfriendly or Antidemocratic dictionary Originality
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197 against the ideas and actions of de nition | antidemocratic
de ned
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224 https://www.yourdictionary.com/a
ntidemocratic
248

178.
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It is a bicameral body consisting of Government of California - Originality
the Wikipedia
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243 https://en.wikipedia.org/wiki/Gov
ernment_of_California
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179.
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the people choose their of cials for a Election Law 1st outline Originality
de nite and xed period and to Flashcards | Quizlet
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212 whom they entrust for the time being https://quizlet.com/144999898/el
the exercise of the powers of ection-law-1st-outline- ash-
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government. cards/
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180. A federal system of government is The Federal System of Originality
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262 one that divides the powers of Government - Law Teacher
government between the national https://www.lawteacher.net/free-
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(federal) government and state and law-essays/constitutional-
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local governments. law/the-federal-system-of-
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181.
240 Under federalism, each level of What is a federal system of Originality
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182.
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refers to family members 6 to 14 report OSCY refers to family Originality
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province in which he is chosen for not
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less than one year immediately prior
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to his election.

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167
immediately preceding the election.
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of his election (1973) - The Full Wiki
179
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196.
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197. United Nations Universal Declaration The Filipinos’ right to run for Originality
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248 of ce. It says
258
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244 age, citizenship, and residency. It
230
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212
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164
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165
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179
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195
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174

201.
213
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222
187
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255 there is no reason why https://newsinfo.inquirer.net/339
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244
leaders to be, at the very least, Santiago wants college degree Originality
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164
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165
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206.
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179
204
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234
260
240 should be literate that he should be
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160
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207.
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the provision essentially aims to College degree requirement for Originality
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235 future president, vice president, https://www.rappler.com/nation/2
senators, and representatives would 17589-osanna-vergara-
222
187
189
175
255 give to Filipinos should the country statement-anti-poor-college-
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208. jobs already require a college degree, College degree requirement for Originality
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263
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161
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196 involves the creation of laws. statement-anti-poor-college-
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157
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216
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158
210
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257
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261
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191
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210.
182
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224 it will be undemocratic to ask 'Undemocratic' to require higher Originality
elective public of cials for education for elected ...
248 quali cations higher than being able https://news.abs-
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192
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226
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244 "politically ill-advised" and "anti- proposal requiring a college ...
230
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164
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165
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220
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167
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173
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156
254 from even aspiring to become cbn.com/news/03/23/18/anti-
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227
249
239 run in any election and for any requiring-a-college-degree-for-
179
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240

213.
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255 we expect politicians who have more What Good is a College Degree? Originality
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188
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180
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208 the scholarly literature is that people https://www.readkong.com/page/
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256
with more schooling have more what-good-is-a-college-degree-
200
250 human capital and tend to be more 3422246
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169
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215

161
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196
215. In their work on whether What Good Is a College Degree? Originality
democracies select more educated Education and Leader ...
157
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216
162
171
247 leaders, Besley and Reynal-Querol http://noamlupu.com/leader_edu
158
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206
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216. the strong correlation found between What Good Is a College Degree? Originality
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182
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225
224 strongly correlated with civic
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248

217.
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192
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226
177
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211

218.
253
198
244
In the political realm, those with What Good is a College Degree? Originality
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219.
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167
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156
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2012/Atkinson.pdf
227
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239
220. Why use education to measure leader What Good is a College Degree? Originality
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188
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180
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157
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206
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226
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253
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230
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http://noamlupu.com/leader_edu
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165
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227
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179
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226.
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213
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187
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208 positions may have far more human
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157
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158
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257 leaders with less.

206
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261
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191
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248
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182
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172
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212 education is found in the report of al-quali cations-for-panchayat-
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Constituent Assembly put it in the Panchayat Elections ...
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category of the non-justiciable https://racolblegal.com/education
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rights. The reason for doing so was al-quali cations-for-panchayat-
that India did not have adequate elections/
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Though this clause was put in the
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fundamental rights but its langua…
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238.
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235 Article 37 of the Constitution renders Educational Quali cations for Originality
DPSPs unenforceable in the court of Panchayat Elections ...
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255 law, but it also declares DPSPs https://racolblegal.com/education
‘fundamental in al-quali cations-for-panchayat-
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239. to apply these principles in making Educational Quali cations for Originality
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al-quali cations-for-panchayat-
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240.
247 imposes a duty on the state to Educational Quali cations for Originality
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257 provide elementary education to the Panchayat Elections ...
people. A scholar has argued that https://racolblegal.com/education
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251 obligations imposed by the DPSPs al-quali cations-for-panchayat-
could be moral or political, but they elections/
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217 are constitutional obligations.
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241. This non-justiciable constitutional Educational Quali cations for Originality
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224 obligation was converted into an Panchayat Elections ...
enforceable obligation with the 86th https://racolblegal.com/education
248 amendment to the constitution in the al-quali cations-for-panchayat-
year 2002. Article 21A was added in elections/
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233 the list of Fundamental rights
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Compulsory education to all children
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244 ful llment of this right. Section 6 of Educational Quali cations for Originality
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appropriate government (in this case, https://racolblegal.com/education
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202 the state government) to build al-quali cations-for-panchayat-
schools in necessary neighborhoods. elections/
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168 Section 8 of the act puts the onus on
the appropriate government to
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ensure compulsory admission,
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attendance, and completion o…
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243.
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National University for Educational Panchayat Elections ...
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239 Planning and Administration https://racolblegal.com/education
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Haryana has al-quali cations-for-panchayat-
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elections/
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244. As per report sponsored by the Educational Quali cations for Originality
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174 Haryana government, 44.8% of the Panchayat Elections ...
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235 government schools at primary level https://racolblegal.com/education
are not able to meet pupil-teacher al-quali cations-for-panchayat-
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schools are not able to meet the
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245.
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215 One of the chief reasons for such Educational Quali cations for Originality
miserable quality of education is Panchayat Elections ...
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unavailability of or unquali ed https://racolblegal.com/education
teachers. al-quali cations-for-panchayat-
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247 elections/
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246. In a survey conducted by the Centre OCHA DATA RESPONSIBILITY Originality
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for GUIDELINES - centre.humdata.org
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https://centre.humdata.org/wp-
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content/uploads/2019/03/OCHA-
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032019.pdf
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247.
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teacher was available in 16 schools. Educational Quali cations for Originality
The statistics presented above Panchayat Elections ...
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clearly shows that the government https://racolblegal.com/education
has miserably failed to perform its al-quali cations-for-panchayat-
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obligation. The conspicuous failure of
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measure that punishes people for its
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248. Citizens come together and Educational Quali cations for Originality
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surrender many of their natural Panchayat Elections ...
rights to the state, which then has to https://racolblegal.com/education
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ful ll certain responsibilities. If the al-quali cations-for-panchayat-
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262 state fails in its duty, then it cannot elections/
expect people to perform their basic
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reciprocity gets defeated. This
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249. In the case of Ashoka Kumar Thakur Educational Quali cations for Originality
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240 vs. Union of India & Others, the Panchayat Elections ...
Supreme Court made the following https://racolblegal.com/education
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221 remarks: The 86th amendment al-quali cations-for-panchayat-
added article 51A (k) along with elections/
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174 article 21A. Though the government
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235 has not passed legislation to
implement parental duty to provide
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255 compulsory education but reading
arti…
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250.
208 A parallel logic that emanates from Educational Quali cations for Originality
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this observation of the court is that Panchayat Elections ...
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250 rst, the government must ensure https://racolblegal.com/education
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elementary education and that elections/
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196 education must result in palpable
learning for the child.
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251.
257
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242 Another important observation is Educational Quali cations for Originality
from the Pakistani Supreme Court's Panchayat Elections ...
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251 decision in 2008 where the court https://racolblegal.com/education
declared similar legislation which al-quali cations-for-panchayat-
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217 mandated bachelors' degree for elections/
contesting elections to National
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assembly of Pakistan
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unconstitutional. The court,

252.
248 The court further observed that the Educational Quali cations for Originality
government has failed to perform its Panchayat Elections ...
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233 duty. Thus, the government, by this https://racolblegal.com/education
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243 legislation, is transferring the al-quali cations-for-panchayat-
liability of the state on the citizens. elections/
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253. provide formal elementary education Educational Quali cations for Originality
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244 to all, such a quali cation would lead Panchayat Elections ...
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219 to no real bene t for the Panchayats. https://racolblegal.com/education
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The Sarpanch, according to the al-quali cations-for-panchayat-
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202 Haryana Panchayati Raj Act, has to elections/
preside over the meetings of the
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nancial and executive
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administrative, and has to …
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254.
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These skills might help in Educational Quali cations for Originality
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254 management but are not necessary Panchayat Elections ...
for management. Formal Education https://racolblegal.com/education
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239 does not impart managerial skills, al-quali cations-for-panchayat-
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and if the government wants elections/
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professional managers, then it must
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Sarpanchs. There is absolutely no
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Lok Sabha El…
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255.
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255 and maintain the day to day Educational Quali cations for Originality
activities. The Panchayat secretary is Panchayat Elections ...
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may involve al-quali cations-for-panchayat-
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256. knowledge. Just like a person need to Educational Quali cations for Originality
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be an economist to be the Finance Panchayat Elections ...
Minister, as the secretaries deal with https://racolblegal.com/education
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257 not elections/

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257. policy in Rajasthan is a welcome Educational Quali cations for Originality
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step. However similar policy exists in Panchayat Elections ...
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Haryana as well. Also, the fact that https://racolblegal.com/education
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197 the Supreme Court did not al-quali cations-for-panchayat-
elections/
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258.
248
while the right to vote is now There is no constitutional right to Originality
recognized as a fundamental candidacy | The Manila ...
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constitutional right, it remains https://www.manilatimes.net/ther
unclear whether the correlative right, e-is-no-constitutional-right-to-
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Just as restrictions on the franchise
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especially in recent years, these
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259. the courts have only recently become There is no constitutional right to Originality
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receptive to challenges to candidacy | The Manila ...
restrictions in the latter group; they https://www.manilatimes.net/ther
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have differed in their approaches e-is-no-constitutional-right-to-
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by any
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260.
167 candidacy. The Supreme Court has There is no constitutional right to Originality
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never explicitly recognized candidacy candidacy | The Manila ...
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as a fundamental right, independent https://www.manilatimes.net/ther
of the right to vote. Nevertheless, e-is-no-constitutional-right-to-
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relied on dicta in Supreme Court
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results, in both for and against
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261. The right to vote, and, more Activism transforms Scottsdale Originality
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255 importantly, the Desert EDGE debate into ...
https://www.scottsdaleindepende
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edge-debate-into-november-
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262. the right of quali ed voters, Regulation of Elections – Originality
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regardless of their political Elections
persuasion, to cast their votes https://elections.uslegal.com/reg
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247 effectively. ulation-of-elections/
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257
263. that the right to run for public of ce Atty. Manuel J. Laserna Jr.: Better Originality
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is "inextricably linked" with two late than never.
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fundamental freedoms – those of https://attylaserna.blogspot.com/
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expression and association – lies on 2010/02/better-late-then-
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197 barren ground. American case law never.html
has, in fact, never recognized a
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political views through candidacy, as
248 to invoke a rigor…
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