Nine people died of an overdose of fentanyl in a single day in Vancouver, Canada last week.
Fentanyl was the primary cause of death of singers Michael Jackson and Prince.
In a business forum last week, President Duterte confessed to taking fentanyl to relieve his back pain from a motorcycle accident. He also admitted he would sometimes take four times the amount prescribed by his doctor: “The doctor told me to stop self-medicating. The first thing I would lose is my cognitive ability”. “Cognitive” refers to the ability to perceive, remember, judge and reason.
Fentanyl is “a potent synthetic opioid to relieve severe pain. It is 100 times more powerful than morphine. It has high risk of dependence. It raises the dopamine (reward areas) in the brain producing euphoria and relaxation. It can cause respiratory distress and death when taken in high doses or when combined with other substances like alcohol. Its side effects are headaches, dry mouth, itching, exhilaration and anxiety”.
The President also admits to suffering from Beurger’s and Barrett’s disease. The former causes an inflammation of the veins and arteries and can be extremely painful. Barrett’s is “a serious complication of gastroesophageal reflux disease (acid reflux)”. Side effects are nausea and vomiting.
Whatever our political affiliations we all have the duty to support Duterte as our duly elected President to the best of our conscience. He is also arguably the only person who can solve the nation’s drug menace. However, we need to be mindful of his physical and mental health and how these affect his responsibilities as Chief Executive. How can we know whether it is the President or his meds speaking? The President has admitted to taking medication, sometimes in excess, which could affect his decision-making. When and whose duty is it to determine the mental and physical capacity of a President?
Article VII, Sec. 12 of the Constitution states: “In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.
Article VII, Sec. 11 goes on: “ Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.”
If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office.”
In layman’s terms the Constitution states:
1.The nation has the constitutional right to know the medical condition of the President “in case of serious illness” however defined. The President admits he is not well. He says he has daily migraines sometimes so severe “I want to puke”. The stress of his position can only add to his condition.
2. The Cabinet has a constitutional responsibility to ascertain the health of the President. Should the majority of the Cabinet determine he is medically unfit to continue in office it must declare so to Congress.
3. Upon notice from the President or a majority of the Cabinet, two thirds of the House and the Senate acting separately must decide whether the President must step down.
Here is the conundrum: There is no precedent for a President stepping down -voluntary or otherwise- for “serious illness”. Only the President can trigger this but will he do this absent a full loss of mental or physical capacity? What happens up to that point? His doctor cannot issue a certification without his consent. The Cabinet will not act without a medical certification and neither will Congress. The Palace has, without outside prompting, recently taken to continually announce the President is well. This is often the first signal something is amiss (Thou protesteth too much). To support its case the Palace might wish to release his medical records for independent review by external physicians.
The medical condition of the President highlights the importance of the Vice-President and the current challenge of Bongbong Marcos with the Presidential Electoral Tribunal (PET). PET is composed of the 15 Supreme Court Justices chaired by Chief Justice Ma. Lourdes Sereno. It is estimated that it will take at least 3 years for the PET to arrive at a decision based on the recount of votes and a budget of over P2 billion.
In the current period we could theoretically have one elected president and three presidents. One, Duterte; two, Leni if Duterte is incapacitated; and, three, Bongbong if he wins his electoral claim.
It is really more fun in the Philippines.