Title:
The Feasibility of Requiring CSC Eligibility for Electoral Candidates
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Abstract
Intro/RRL
Conclusion and Recommendation
Intro
Defining good governance
Requirements for running for office
Comparison to other countries
Meritocracy
GDP and general “success” of those countries
High-Merit Politicians and Handling of the COVID Crisis
Comparison between Manila, Pasig, and Quezon City
Civil Service Commission
Implementation (and potential problems)
Another possibility would be to restrict voting to a certain few people (Vatican city)
Solutions
No governance is perfect. It depends lang on the priority
The Philippines’ democratic form of government has been fought for by countless
souls throughout our history. From Dr. Jose Rizal who was executed for going against the
colonization of the Spanish, to Benigno Aquino Jr. and the countless lives taken during the
dictatorship of the Marcos regime, our country wouldn’t enjoy the democracy it has today.
However, are our present rules for governance really the best thing for the Filipino people?
Socrates compared a government to a ship and a captain. 1 The captain, which he
compared to our leaders, should be able to transport the passengers - the citizens in the
country, without any problem because of the captain’s rigorous training and experience
with sailing. A democracy would be akin to the passengers voting for a captain among
anyone who would volunteer to be captain. That means the passengers would be able to
pick a captain even if he has no experience whatsoever, and even if he doesn’t know how to
sail.
Maybe one would argue that surely the people would elect the most competent, and
the most experienced among all the potential captains. But there is also the possibility that
all those willing to be captains all have no training and experience, and the people would
only be able to select among these. It’s also possible that the candidates promise the
passengers a complementary stay in a suite should he be chosen as captain.
Should a captain without any experience get elected, this is bad news for everyone
on board. It far from ideal, but our current electoral process has no safeguards for this kind
of situation. But before we are able to assess the effectiveness of our current democracy,
it’s important to first have a clear definition of what good governance is.
Defining good governance
Governance is not synonymous to government. This is a common misconception
that often leads to erratic policy-making. For instance, an issue with governance may
sometimes be “fixed” with a policy modifying the “government”, which in the end would
not be of help because the root of the problem was not tackled.
There are conflicting ideas on what makes up governance as its definition would
depend on the researcher’s individual ideas and beliefs. 2 But among the various definitions
of governance, the consensus would be that governance puts emphasis on processes and
not the results. To put simply, how the government and other social institutions interact,
how they relate to citizens, and how they arrive at decisions. 3
The United Nations Development Programme defines governance as the exercise of
economic, political and administrative authority to manage a country’s affairs at all levels.
1
Plato, The Republic (original title: Πολιτεία) (375BC)
2
Adel M. Abdellatif, Good Governance and Its Relationship to Democracy & Economic Development, Global
Forum III on Fighting Corruption and Safeguarding Integrity Seoul (May 20-31, 2003)
3
John Graham, et. al., Principles for Good Governance in the 21st Century, Institute of Governance, Policy Brief
No. 15 (2003) p. 1
It comprises mechanisms, processes and institutions through which citizens and groups
articulate their interests, exercise their legal rights, meet their obligations and mediate
their differences4
Ideally, a government should be participatory, transparent and accountable,
effective and equitable, and it promotes the rule of law. It ensures that political, social and
economic priorities are based on broad consensus in society and that the voices of the
poorest and the most vulnerable are heard in decision-making over the allocation of
development resources5
A commonly used indicator for success, and subsequently good governance, is the
gross domestic product of a nation. But while the GDP of a nation is essential to achieving
economic development, the GDP alone cannot truly measure the development of a country.
The World Development Report of 1990 puts emphasis on how the increase of GDP
translates into human development6 in the form of better education, higher standards of
health and nutrition, a cleaner environment, more equality of opportunity, greater
individual freedom and a richer cultural life.7
This is a lot to ask for in a small group of people at the helm of our society, but
should is the bare minimum to ensure that the nation not only survives, but thrives. Our
present constitution and election rules cannot ensure that those nominated to positions in
our government possess the necessary skill and experience to handle such a task.
Present rules for running for office
No person may be elected President unless he is a natural-born citizen
of the Philippines, a registered voter, able to read and write, at least 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.
- Article VII, Section II, The Constitution of the Philippines 1987 8
Presently, our constitution only requires that our Presidents be literate, be a
resident of the Philippines, be a registered voter and reach a certain age.
We have to remember that this is a position vested with constitutional powers to
appoint heads of executive departments and ambassadors 9, control all executive
departments, bureaus, and offices 10, set the yearly budget for the government 11, enforce
4
United Nations Development Programme, Governance for Sustainable Human Development, A UNDP policy
paper 1997, p 2-3
5
Ibid
6
The Human Development Report 1990 (Oxford University Press, 1990) p. iii
7
The World Bank, The World Development Report 1991, The Challenge of Development, (Oxford University
Press, 1990) p.4
8
The Constitution of the Republic of the Philippines, Art VII, §2
9
Phil. Const (para), Art VII, §16
10
Phil. Const (para)., Art VII, §17
11
Phil. Const (para), Art VII, §22
and administer the laws, represent the country in international relations, supervise the
government,12 and call martial law.13
Similarly, members of the Legislative Department, who are primarily in charge for
policy-making, require only comparable qualifications with the President. 1415 These are the
very people largely responsible for governance and the development of our nation and
with our present election laws, we have no way of ensuring that these positions go to those
who are competent enough to for such a task.
Another aspect of our present democracy is that all citizens who are of age and are
residents of the Philippines have the capacity to vote. 16 This is ideal in theory, giving
people equal rights to select the set of people who will lead and govern them. However, this
is the very setup most susceptible to the issues plaguing a democratic society presented by
Plato in The Republic.
In a country where only about half of the population finish secondary education and
only around 35% finish tertiary education 17, this form of election may be far from perfect. A
study conducted in Indonesia has even shown that a correlation exists between the GDP of
a region and average education level 18
So, if democracy in its purest form - the government we currently have today – isn’t
the best thing for our country, what is? To answer that, we need to look into governments
other than ours who are able to improve their economy.
Meritocracy
When one mentions improving a country the first thing that comes to mind is
Singapore. Its rapid development from its establishment in 1959 may be accredited to its
meritocratic form of government. This form of government vests power on people based on
talent, effort and achievement. Advancement in the system is also based on performance
which is measured through examination or demonstrated achievement. 19
When Singapore separated from Malaysia the People’s Action Party (PAP) served as
the administration with Lee Kuan Yew at the helm. After its separation from Malaysia,
Singapore was like any other developing country, with even fewer natural resources than
its surrounding South East Asian neighbors. With a series of national policies resolving
unemployment, providing housing and working hand in hand with multinational
12
Phil. Const. Art X
13
Phil. Const. Art. XVII §18
14
Phil. Const. Art VI §3
15
Phil. Const. Art VI §6
16
Republic Act No. 8189 (The Voter’s Registration Act of 1996)
17
Philippines – Percentage of Graduates from Tertiary Education, accessed from
https://tradingeconomics.com/philippines/percentage-of-graduates-from-tertiary-education-graduating-from-
science-programmes-both-sexes-percent-wb-data.html on March 26, 2020
18
Alfan Presekal, et. al, Local Change Analysis of Correlation of Education Level to GDP in Indonesia
19
“meritocracy”, Merriam-Webster Dictionary (2010)
companies, Singapore was well on its way to success after only 14 years. But Lee did not
stop there. Instead, he focused on the improvement of living conditions for the people like
salvaging dying rivers, preserving historical landmarks, planting and maintaining trees and
shrubs in the city both to battle pollution and to please the eye, and building more stylish
housing and buildings.20 Due to PAP’s incredible leadership, Singapore has been
consistently rated one of the least corrupt country in Asia 21 and has been widely known for
its rapidly growing economy.
Lee Kuan Yew, who served as Singapore’s prime minister during its development,
was was educated at Fitzwilliam College, Cambridge, with double starred-first-class honors
in law and became a barrister in Middle Temple, London before becoming Prime Minister. 22
He also had high regard for talent and emphasized the importance of identifying and
developing such. His memoirs even show that he was an advocate of meritocracy
particularly at the higher levels of government. 23 Lee, leading the People’s Action Party, was
able to transform Singapore from a third world developing country to a first world
developed country.
Singapore isn’t unique in their regard for merits for its public officials. Iceland
requires their presidents to have at least 1,500 commendations 24 before they are able to
run for office. Commendations are official awards or acclaims given by different
government bodies to individuals for exceptional performance or significant contribution
in their respective fields. Likely due to its stringent requirements for running for public
office, Iceland is one of the least corrupt nations 25 and one of the top ones for
environmental health26 Hong Kong, also one of the worlds fastest progressing economies
and tourist hotspot, requires its Chief Executive to be elected by at least 150 members of
their Election Committee before even running for office. The committee is comprised of a
total of 1200 members coming from of the industrial, commercial and financial sectors,
different professions, labor, the religious sector and members of the legislative council 27 to
ensure that the candidates for Chief Executive are selected well by a group of people that
well represents the population demographic.
While meritocracy often yields good governance, it is often criticized as unlike our
democratic form of government, it is less egalitarian. Its stringent criteria for nominations
20
Diane K. Mauzy and Robert Stephen Milne, Singapore Politics Under the People’s Action Party (2002)
Routledge
21
Transparency International, Corruption Perception Index (2019) retrieved 29 March 2020 at
https://www.transparency.org/cpi2019?/news/feature/cpi-2019
22
Lee Kuan Yew, The Singapore Story: Memoirs of Lee Kuan Yew (1998) Prentice Hall
23
Ibid.
24
The Constitution of Iceland, Art 4-5
25
Transparency International, Corruption Perception Index (2019) retrieved 29 March 2020 at
https://www.transparency.org/cpi2019?/news/feature/cpi-2019
26
2018 Environmental Performance Index, accessed at https://epi.envirocenter.yale.edu/epi-topline, 30 March
2020
27
Amendment to Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China Concerning the Method for the Selection of the Chief Executive of the Hong Kong Special
Administrative Region (Approved at the Sixteenth Session of the Standing Committee of the Eleventh
National People’s Congress on 28 August 2010)
tend to favor those who have inherent advantages, like coming from a well-off family being
able to afford a good education. 28 Critics say this form of government encourages inequality
from the very start.29
However, one cannot disregard the fact that most countries which employ
meritocracy or at least some form of it, are often those which find economic success and
clearly employ good governance to their people.
Should the Philippines adapt to this kind of government, this is a long way from the
equality – with the scales tipped to favor those who have less in life - that we are used to.
Meritocracy in the Philippines
It may not be immediately apparent, but we already have a form of this in our
society, just not at our political leaders. Should we decide to move closer to meritocracy, or
at least apply some aspect of it to our current election laws, it is worth noting to look at the
Civil Service Commission.
The Civil Service Commission has been formed in 1900 in the Philippines but it was
in 1935 when it was firmly established as merit system for government employment. 30 The
is department tasked to assess applicants via competitive examinations as a requisite for
working in government offices, or government-owned corporations, however the same
does not apply for elected officials. 31 The Revised Administrative Code of 1987 states that
elected officials entrance shall not be based on usual tests of merit and fitness utilized for
the career service. Yet, there is no other test of merit and fitness for elected officials other
than the popular vote, and the constitutionally required qualifications.
Under our current laws, passing the Career Service Exam administered by the Civil
Service Commission is a requisite for working in the government, government agencies, or
POGOs, on top of any other test for fitness or merit which they may require. Passing the
exam also isn’t a walk in the park. In the most recent Career Service Examination, only
11.62% of those who took the exam had qualified32 to serve the public. This in contrast to
all aspiring elective officials who pass their certificate of candidacy.
One could argue that there is a real and substantial difference between those
working in the government and running for public office, the latter being elected by the
people into their positions. But shouldn’t we have more stringent requirements and tests
for merit for elective officials instead? After all, these are also the very people who happen
28
Tan, Kenneth Paul (January 2008). "Meritocracy and Elitism in a Global City: Ideological Shifts in
Singapore". International Political Science Review. 29 (7–27)
29
Ibid
30
A History of the Civil Service Commission, retrieved from http://www.csc.gov.ph/2-uncategorised/2-
history.html on 31 March 2020
31
The Revised Administrative Code of 1987 on the Civil Service Commission, § 7-9
32
FULL RESULTS: August 4, 2019 Civil Service Exam CSE-PPT, retrieved from
https://www.thesummitexpress.com/2019/08/full-results-august-4-2019-civil-service-exam-cse-ppt-list-
passers-top-10.html on 1 April 2020
to be responsible for any major decision-making affecting the masses and give command
during times of crisis.
(Aristotle) shared Socrates’ the idea that only very few have the capability of leading
a country.
Kwiatkowski, a Polish economist says that
Implementation
Should we decide to include more qualifications or requirements for elective
officials to better assess them for their ability to lead, we face the challenges of 1) providing
a fair test, 2) amending the constitution, and 3) criticism of threatening democracy.
To answer the first issue, the test must not deny anyone who is underprivileged of
the opportunity to run for office. The test must also be broad enough on substantial enough
to check the fitness of all the qualities needed in a politician.
Singapore requires its candidates for Prime Minister to have previously held a high-
ranking government position or a chief executive officer of a company worth $500 million.
33
This immediately disqualifies anyone who isn’t well-connected, and anyone who has not
had opportunities in the past. However, this ensures that those who pass this qualification
indeed have the ability to lead.
If the testing system would be similar to a career service examination, it would only
test academic intellect and not necessarily the ability to lead and represent the people. But
this is a convenient way to test for merit and have more people qualify for the position.
The best way to assess a future leader would be a multiple part exam, each one
testing for different skills. This is already being done as a requisite for being a Foreign
Service Officer IV of the Department of Foreign Affairs. The Foreign Service Officer
Examination is a five-part examination and is said to be the most difficult government exam
in the country.
The first part is the qualifying test that takes half a day. It’s a multiple-choice type
which tests for basic knowledge. The second part is the preliminary interview where the
examiners assess the applicants for their communication skills and how the applicant
carries himself. The next part is the three-day, essay-type, written examination. This part
tests knowledge on world history, Philippine politics, culture and economics, international
affairs and a foreign language of your choice. There is also a psychological exam which tests
fitness to be in office and the last part is the Oral test which includes an individual
interview, a group discussion and a formal dinner. This tests the ability to carry a
33
Constitution of the Republic of Singapore, Art 19
conversation, logical thinking, table etiquette and the ability to deliver a speech in front of
an audience.34
Partly due to this excruciating exam with the lowest passing rates (only 1.4% during
the 2011 exams),35 only the cream of the crop earn the title Foreign Service Officer. In turn,
the DFA is said to be the most elite office in the country. FSOE tests for character, critical
and strategic thinking, adaptability, decision making, and above all, patriotism, integrity,
professionalism, excellence, and service.36 These are all qualities that an FSO should
possess to be fit for office.
It is only fitting that our public service officials should undergo a similar test of
fitness, at least at the top level ones to ensure that those elected have the ability to lead, to
act with justice and humility even under times of crisis, to represent the country and the
Filipino people, and to lead the country further.
Nevertheless, formulating the exact test used and finding examiners could take
years, even spanning more than one administration. Conducting the test would also incur
cost, for the examiner and the examinee even if there might be no examination fee. Costs
for transportation and accommodation for the examinee could immediately be a hindrance
for those who want to apply but are from another part of the Philippines. Another issue is
that there might also be a year where there would be no one qualified to run for office
among the candidates – an issue which would also need a contingency plan.
Should there already be a test formulated and a team to conduct the test, we would
also have to amend the 1987 Constitution – the second issue in implementation. It could
even be argued that the proposed change would be more of a revision than a mere
amendment since it could threaten democracy. Nevertheless, by our previous
jurisprudence it should be considered an amendment rather than a revision because the
change does not alter a basic principle in the Constitution37, it merely adds requirements to
the qualifications for certain public officials. I would even go as far as saying that no
constitutional amendment or revision is needed to be made as from the wording of the
Constitution, it does not appear to intend that those in Article VII, Section II, that those
stated should be the sole qualifications for running for President. The same is true for
qualifications of running for Congress.3839 If this is the case, only a law is needed to be
passed
For the sake of argument, however, if there needs to be a constitutional amendment,
it would take the decision of three fourths of Congress which is highly unlikely since it
34
FAQs on the Foreign Service Officer Examination, Department of Foreign Affairs, retrieved from
https://dfa.gov.ph/faqs on 2 April 2020
35
Insert reference here
36
“What is an FSO?”, Department of Foreign Affairs, retrieved from https://dfa.gov.ph/how-to-be-an-fso on 1
April 2020
37
Lambino v. Comelec, G.R. No. 174153, October 25, 2006
38
Phil Const. Art VI §3
39
Phil Const. Art VI §6
would hamper any possible plans of them running for office. A Constitutional Convention 40
would also be questionable for the same reason. The only realistic way to go about this
would be a petition via People’s Initiative41. All of which would need ratification from the
public in a plebiscite by majority vote42 which means at least 50% of the voting population
should have agreed to the change.
This brings us to the third point. Will the people be amenable to this change at all, if
it threatens their idea democracy? If taken at face value, the proposal could seem like it
would do away with the democracy we fought so hard for. It would need a lot of explaining,
especially to the lay man, of the advantages of this new system and how this would benefit
them. It would take effort letting them know that this does not endanger our democratic
system, as the people is still sovereign, the system of checks and balances are still in place,
the terms of public officers would remain unchanged and our electoral system would stay
as is. The only difference would be the pool of candidates to choose from would be
narrowed down to those who are fit for the office they are running for.
There really is no perfect way to govern a country, and there is no perfect individual
who can do so perfectly. It all depends on what matters most to the people. Whether it be
economic growth, good education for their children, a clean environment, a lower crime
rate, or a brighter tomorrow, we as a people should actively participate to shift our
government’s priorities into what matters to us most. There is no perfect way to govern a
country, but there certainly are good ways to do so. And these ways are what we should be
considering.
40
Phil Const. Art XVII §1
41
Phil Const. Art XVII §2
42
Phil Const. Art XVII §4
