Let it be resolved that THE CONSTITUTION BE AMENDED TO THE EXTENT THAT
ONLY TAXPAYERS CAN VOTEFIRST NEGATIVE SPEAKER
Dear adjudicators, co-debaters, professors, ladies and gentlemen, good morning. Let me first address some points for rebuttal:___________________________________ The negative side will prove in this debate that the proposal amending the constitution to the extent that only taxpayers can vote is not practicable, not beneficial and definitely not necessary. Such proposal of the affirmative is undemocratic and anti-Republican. Article II, Section 1 of the 1987 Philippine Constitution states that The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them. It is a state mandated by the people, the very definition of democratic. It is a state wherein people elect their representatives, thus, it is republican. To limit the representation of the people, such right presented through voting, would devalue democracy itselfcreating indifference between the rich and the poor. The educated and not. The earners and the non-earners. A marginalized system, Your Honors, which will defeat the outstanding feature of the 1987 Constitution: the expansion of the peoples greater power to exercise their sovereignty as highlighted in Section 2 Article 12 of the present charter. Second point, Your Honors. It is in violation of Sec 1, Bill of Rights, depriving them of such choice of who will govern them. It does not mean that you are not a taxpayer does mean that you wont be a recipient of government service. The proposition says that if you are not a taxpayer, you are not entitled to vote, thus, you would not be called a legitimate citizen of the Republic. Let me iterate that the Equal Protection Clause enunciated that all persons subject to legislation should be treated alike, as enunciated in the leading case of Quinto vs. COMELEC: We may not strike down a law merely because the legislative aim would have been more fully achieved by expanding the class. Third point, the proposal is violative of the vested rights from Article 5 Section 1 of our present charter that suffrage may be exercised by all citizens of the Philippines. No literacy, property or other substantive requirement shall be imposed on the exercise of suffrage. If there would be regulation by the legislature, it must ONLY be in accordance with the terms of the Constitution. Clearly, the proposal of the affirmative directly violates such law disregarding the fact that suffrage is both a statutory and constitutional right. Expressio unius est exclusion alterius, the list of qualifications merits no further inclusion. Not only it violates our right to suffrage, but also Article 6 in the Civil Code, that rights may be waived unless the waiver is prejudicial to the rights of a third person with a right recognized by law. Fourth, it is a generally accepted rule that a constitutional enumeration of the classes of citizens who shall enjoy suffrage is final and exclusive of all other classes. Under present Philippine constitutional doctrine on republicanism and social justice, any property qualification for the exercise of civil or political rights would be unconstitutional. Property qualifications are inconsistent with the nature and essence of the Republican system. In the tenet that sovereignty resides in the people and all government authority emanates from them, implies necessarily that the right to vote shall not be dependent upon the wealth of the individual concerned. The principle of social justice presupposes
Let it be resolved that THE CONSTITUTION BE AMENDED TO THE EXTENT THAT
ONLY TAXPAYERS CAN VOTEFIRST NEGATIVE SPEAKER equal opportunity for all, rich and poor alike, and that accordingly, no person shall be denied by reason of poverty. What is prohibited by the Constitution is the imposition of substantive requirement similar in nature to literacy, or ownership of property, as cited in the case of Ceniza vs. COMELEC, would violate this constitutional provision. Fifth, it is violative of the valid classification, as enunciated in People of the Ph vs Cayat, for it to be valid, there are four requisites that must be met. 1. Is there substantial distinction? No, there is none because it is not iterated by the affirmative which tax must be paid. Who are the taxpayers, anyway? Everybody pays taxes, correct? E-vat, income tax, even in the littlest of necessities there are taxes paid. 2. Is it germane to the purpose of the law? No, because we just stated that it violates not only one but several provisions of the fundamental law. 3. Is it not limited to existing conditions? No, because it does not mean that there is a clamor from the public, we should enact laws. 4. Does it apply equally to all members of the same class? Precisely, no, because the proposal itself is discriminatory, of who can pay the taxes and not. If the constitution will be amended that only taxpayers can vote, then there is no valid classification. The Equal Protection Clause should apply in this case. Let me reiterate our stand, Your Honors, amending the constitution to the extent that only taxpayers can vote is not practicable, not beneficial and definitely not necessary.