Presidential Eligibility Requirements in the Philippines: A Comprehensive Legal Analysis for the 2028 Elections

Introduction

The presidency of the Republic of the Philippines represents the highest executive office in the nation's government, embodying the will of the Filipino people through democratic elections. As the country approaches the 2028 presidential elections—scheduled for May 2028, following the expiration of President Ferdinand "Bongbong" Marcos Jr.'s term—the question of eligibility for candidates assumes paramount importance. Eligibility requirements ensure that only qualified individuals, possessing the necessary attributes of citizenship, maturity, and commitment to the nation, may seek this office.

These requirements are enshrined in the 1987 Philippine Constitution, which serves as the supreme law of the land. Unlike statutory laws that may be amended by Congress, constitutional provisions on presidential eligibility can only be altered through a formal amendment process, such as a constitutional convention, constituent assembly, or people's initiative, followed by ratification in a plebiscite. As of this analysis, no such amendments have been made to the relevant provisions since the Constitution's adoption in 1987. This article provides an exhaustive examination of the eligibility criteria, drawing from constitutional text, judicial interpretations, historical context, and practical implications for the 2028 electoral landscape. It addresses the core requirements, potential disqualifications, procedural aspects of candidacy, and broader legal considerations within the Philippine context.

Constitutional Framework: Core Eligibility Requirements

The foundational eligibility criteria for the President are explicitly outlined in Article VII, Section 2 of the 1987 Constitution:

"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."

This provision applies equally to the Vice-President under Article VII, Section 3, which mirrors the requirements except for the age threshold (also forty years) and residency (same ten-year period). Breaking down each element:

1. Natural-Born Citizenship

Definition and Scope: A "natural-born citizen" is defined in Article IV, Section 2 of the Constitution as one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. This excludes naturalized citizens, who acquire citizenship through a legal process post-birth.
Historical Context: This requirement stems from the 1935 and 1973 Constitutions, reflecting a nationalist intent to ensure undivided loyalty to the Philippines. It was influenced by U.S. constitutional models but adapted to Philippine sovereignty post-independence.
Judicial Interpretations: The Supreme Court has clarified this in landmark cases. In Tecson v. COMELEC (2004), the Court ruled that foundlings (children of unknown parentage) found in the Philippines are presumed natural-born citizens unless proven otherwise, based on international law principles like the UN Convention on the Rights of the Child. This was pivotal in affirming the eligibility of then-candidate Grace Poe, a foundling, for the 2016 presidential race.
Dual Citizenship Considerations: Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) allows natural-born Filipinos who have lost citizenship through naturalization abroad to reacquire it. However, for presidential candidates, they must renounce foreign citizenship upon filing their certificate of candidacy (COC), as affirmed in Mercado v. Manzano (1999). Failure to do so could lead to disqualification.

2. Registered Voter

Requirement Details: Candidates must be duly registered voters with the Commission on Elections (COMELEC). This ensures participation in the democratic process and verifies identity and eligibility to vote.
Practical Implications: Registration involves compliance with Republic Act No. 8189 (Voter's Registration Act of 1996), including biometric data submission. Non-registration or issues like double registration can bar candidacy.
Case Law: In Aquino v. COMELEC (1995), the Court emphasized that voter registration is a prerequisite, linking it to the candidate's stake in the electoral system.

3. Ability to Read and Write

Interpretation: This literacy requirement is minimal, not demanding advanced education but basic proficiency in reading and writing in any language. It ensures the candidate can comprehend laws, communicate effectively, and perform executive duties.
Historical Note: Inherited from earlier constitutions, it was designed to exclude illiteracy as a barrier while promoting basic education. No formal certification is required; self-declaration in the COC suffices, though challenges can be raised via petitions.
Enforcement: COMELEC rarely disqualifies on this ground due to its subjective nature, but evidence of functional illiteracy (e.g., inability to sign documents) could be contested.

4. Age Requirement

Specifics: The candidate must be at least forty years old on election day (typically the second Monday of May, so for 2028, May 8, 2028). Age is computed based on birth records.
Rationale: This ensures maturity, experience, and wisdom, aligning with the gravity of presidential responsibilities.
Verification: Birth certificates from the Philippine Statistics Authority (PSA) are primary evidence. Disputes, such as in cases of late registration, may require judicial resolution.

5. Residency Requirement

Duration and Continuity: Ten years of residency immediately preceding the election, meaning physical presence and intent to reside in the Philippines (animus manendi).
Judicial Clarifications: In Romualdez-Marcos v. COMELEC (1995), the Court defined residency as domicile, not mere physical presence, allowing for temporary absences (e.g., for work or study) if intent to return is maintained. This was crucial in Imelda Marcos's case, where her Leyte roots were upheld despite time abroad.
For 2028 Context: Candidates with recent overseas stints (e.g., OFWs or diplomats) must demonstrate unbroken domicile. COMELEC may scrutinize travel records or tax filings.

Additional Disqualifications and Prohibitions

Beyond the affirmative requirements, several constitutional and statutory provisions impose disqualifications:

Constitutional Disqualifications

Term Limits (Article VII, Section 4): The President is limited to a single six-year term with no reelection. Incumbent presidents or those who have served more than four years in a successor capacity are ineligible. For 2028, this bars President Marcos Jr. from running.
Impeachment and Conviction (Article XI): Officials removed via impeachment are perpetually disqualified from public office.
Other Offices: Sitting officials must resign upon filing COC if their term overlaps (Omnibus Election Code, Batas Pambansa Blg. 881).

Statutory and Other Grounds

Criminal Convictions: Under Republic Act No. 8295 (1997), conviction for crimes involving moral turpitude (e.g., graft, plunder) disqualifies, unless pardoned. The Supreme Court in Jalosjos v. COMELEC (2003) upheld this for serious offenses.
Nuisance Candidates: COMELEC can declare candidates as nuisances if they lack bona fide intent or capacity (Section 69, Omnibus Election Code).
Party-List and Other Restrictions: Candidates must comply with party nomination rules under Republic Act No. 7941 (Party-List System Act), though presidents run under political parties or coalitions.
Health and Mental Fitness: While not explicitly stated, severe incapacity could be challenged under general fitness doctrines, though this is rare and untested.

Procedural Aspects: Filing and Challenges

Certificate of Candidacy (COC)

Candidates file COCs with COMELEC between October 1-8, 2027 (based on historical patterns for 2028 elections). The COC includes sworn declarations of eligibility.
Substitution is allowed until November 15, 2027, for valid reasons like death or disqualification.

Challenges and Remedies

Petitions for Disqualification: Filed before COMELEC under Rule 25 of COMELEC Rules of Procedure, alleging failure to meet requirements. Appeals go to the Supreme Court via certiorari.
Quo Warranto: Post-election, under Rule 66 of the Rules of Court, to oust an ineligible president.
Key Cases: In Poe-Llamanzares v. COMELEC (2016), the Court overturned COMELEC's disqualification of Grace Poe on citizenship and residency grounds, emphasizing presumptions in favor of eligibility to promote democracy.

Implications for the 2028 Elections

In the Philippine context, 2028 marks a pivotal election amid ongoing political dynamics, including debates on federalism, economic recovery, and foreign policy. Potential candidates like Vice President Sara Duterte, Senate President Juan Miguel Zubiri, or others must navigate these requirements meticulously.

Emerging Issues: With increasing dual citizens and global Filipinos, citizenship challenges may rise. Residency disputes could affect politicians with international ties.
Reform Discussions: While no amendments are in place, calls for lowering the age limit or relaxing residency for diaspora Filipinos persist, but these require constitutional change.
Enforcement Role of COMELEC: As an independent body, COMELEC's decisions shape the field, subject to judicial review to prevent abuse.

Conclusion

The presidential eligibility requirements in the Philippines are designed to balance democratic access with safeguards for national interest. Rooted in the 1987 Constitution, they emphasize innate citizenship, civic participation, basic competence, maturity, and long-term commitment. For the 2028 elections, these standards remain unchanged, ensuring continuity in governance. Aspiring candidates must adhere strictly, as deviations invite legal scrutiny that could alter electoral outcomes. This framework not only upholds the rule of law but also reinforces the sovereignty of the Filipino people in choosing their leader. Future reforms, if any, must preserve these core principles to maintain constitutional integrity.