BEYOND THE BEND: Reconsidering the relevance of the OVP

Column Titles mindaviews beyond the bend Michael Henry Yusingco, LL.M.

Vice-President Sara Duterte received a lot of criticism when she travelled to Germany as the country was being battered by Typhoon Carina. The fact that this trip was scheduled way ahead of time and approved by the Office of the President did not matter to her critics. Begging the question (once again), what is the relevance of the Office of the Vice-President (OVP) anyway?

Two facts to know about the OVP. First, the 1987 Constitution does not prescribe specific responsibilities for the VP, except to succeed the President. It must be emphasized that the constitution requires the VP to have the same qualifications as the President. Hence, the “spare tire” analogy.

Second, the President is given the option to appoint the VP to his cabinet and such appointment requires no confirmation from the Commission on Appointments. But the Chief Executive is not compelled to do this, nor is there any obligation to give the VP any other work in the administration. Of course, the VP can decline any appointment.

Pretty soon the hot topic of the day will be the national budget. Seems only natural to examine the allocation for the OVP.  Following the constitutional design, the office itself requires only a modest allocation in the national budget. Obviously, it is an administrative office that needs to be maintained.   

In the spirit of rightsizing the bureaucracy, it would be prudent to reconsider creating a special office for the VP for this would require additional allocation in the national budget. Obviously, if the VP is appointed to an existing portfolio in the executive branch, then its budget allocation must pass through the regular process. No special considerations.

So, the question that needs to be asked is this: if the constitution did not mandate any particular work for the VP, neither is there a law that does, then what should the VP do during his or her term of office?

The blunt answer is to simply wait and be ready to assume the presidency when the time comes. In fact, the VP must always be available to take on the office at any given moment. Hence, it would be wise to limit the time when the President and the VP are together under one roof. The latter must always have the “designated survivor” mindset.

But the VP job need not be as boring as it looks. Obviously, the VP must be updated on the current problems of the country. He or she should get the same briefings as the President, as far as practicable. The VP must be able to offer public policy ideas, if not directly to the administration, then to civil society.   

The VP can still be active in serving the public. But in this regard, it should be crystal clear as to what the VP must not do. Common sense dictates that the VP should not duplicate the work being done by other agencies. This is a waste of taxpayers’ money and potentially can also be disruptive to the operations of the offices affected.

The main point to be made here is that the OVP should not be a drain on the public coffers. As per the 1987 Constitution, it is really not expected to deliver any specific public service. Hence, any program or initiative coming from this office must not take away money from other government offices.  

The political enemies of the incumbent VP are having a field day lambasting her for vacationing while the country is in a time of great need. Fair or not, there is still a valuable lesson to be learned from her absence in such a perilous moment for many Filipinos. And that is, the fitness and dedication of the person holding the post cannot be taken for granted.

Voters should now realize that candidates for VP must also be “presidentiable.” This office is not for those who only have the “potential” to be president. Indeed, voters should only consider candidates who already exhibit presidential competence. It cannot be emphasized enough that the VP is not a president-in-training, but a president-in-waiting.

(MindaViews is the opinion section of MindaNews. Michael Henry Yusingco, LL.M is a law lecturer, policy analyst and constitutionalist.)


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