Dr. Reynaldo J. Echavez

December 23, 2002 SEC OPINION NO. 18-02 Dr. Reynaldo J. Echavez Dr. Lakandula J. Elayda PHILIPPINE MEDICAL ASSOCIATION North Avenue, Quezon City Sirs : This refers to your letter dated November 29, 2002 requesting for legal opinion on the propriety of the COMELEC interpretation disqualifying former PMA President Dr. Homobono B. Calleja to seek a national office and the presidency of the association considering that the qualification for the mentioned post requires that he should first be a president of a component or specialty division of the corporation prior to his running as president of PMA. The disqualification is premised on the hereunder quoted provision of Sec. 3, Art. IV of the PMA By-laws reading: Section 3. Qualifications. To qualify for election as a voting member of the Board, a member must be in good standing, in the Association as well as in the component society within the region to be represented, for at least five (5) years immediately preceding election to the Board. The member must have served at least one (1) year as president of component society or specialty division of the Association before he qualifies to seek election to a national office of the Association. Before the Commission can render an intelligible opinion on the issue at hand, several provisions must likewise be considered, more particularly Section 2, Article 2 and Article 3 of the Election Code of the Medical Association which read and we quote: Section 2. Qualifications of Candidates for National Office. A. To qualify for National office, a member must be in good standing for a 5 consecutive years immediately preceding the election. B. To one who avails of amnesty or reinstated, under Chapter 2, 3, amnesty of the Administrative Code, the 5 consecutive year requirement shall start at the date of reinstatement. C. The member must have been elected and must have served as president of a Component society or one of the 8 Specialty Societies prior to his being a candidate to National Office. D. Must be of good moral character, and must not have been convicted of any criminal offense. E. Must not have a pending case filed against the PMA or component society in any court of law or any quasi-judicial body. Article 3 The Right To Be Voted Upon Section 1. Fundamental principles. Every regular member of the Association in good standing has the right to be voted upon in any national election provided he fulfills the requirements listed in this Code and as evidenced by a valid Certificate of Candidacy. Interpreting the aforequoted provisos , it can be said that a member, in order to qualify as candidate for presidency of the association, must have served at least one (1) year as president of the component society or specialty division. In addition, a member in good standing is entitled to vote and be voted upon, subject to limitations as provided for in the By-Laws and the PMA Election Code. In the instant case, the very person who is sought to be disqualified is Dr. Homobono Calleja, Jr. who had served not only as president of a society or specialty division but as president of the Philippine Medical Association for four (4) terms. In effect, he is more than qualified to run for the national office which he previously held . To interpret the subject provisos in its strict literal sense creates a manifest absurdity. Parenthetically, the intent of the framers of Sec. 3, Article IV of the PMA by-laws and paragraph (c) of Sec. 2, Art. 11 of the Election Code of the Medical Association in adopting subject provisions is to set a minimum qualification standards for possible candidates to the national post and not to disqualify an already fully qualified member as in the case of Dr. Calleja. This interpretation is more in consonance with the cardinal rule in statutory construction to give a natural and reasonable meaning to the provisions in question. Likewise, a provision which may deprive a member of his election right such as to vote and be voted upon must be strictly construed. The foregoing considered, the Commission is of the opinion that the pertinent provisions of the PMA by-laws and the election code which may disqualify a former PMA president or any officer to run for the National Office is inapplicable to the case of Dr. Homobono Calleja. Very truly yours, (SGD.) VERNETTE UMALI-PACO General Counsel