During the time of President Joseph Estrada, at the peak of EDSA 2, the former attempted to pacify the situation by suggesting the conduct of a snap presidential election on which he would not be a part of. However, President Erap’s proposal was vehemently opposed by several opposition senators and members of House of Representative. Then Senator Sergio Osmena III and Albay Representative Edcel Lagman, during an interview, manifested their opposition to a snap election for being contrary to the 1987 Philippine Constitution and not in adherence to the rule on succession of power as laid down therein.
Recently, by reason of Vice President Sara Duterte’s impending impeachment trial, questions also surfaced as to who will act and/or assume the seat of the vice president in case the Honorable Vice President would be impeached and removed from office.
With that, this week’ column will focus on the shift or change in power and will answer the queries as to who will assume in case the seat of – (1) the President; (2) the Vice President and (3) a Senator or Member of House of Representatives – is vacant.
A Senator or Member of House of Representatives
In an earlier column re: Sonny Angara’s senate seat forfeiture upon his acceptance of his appointment as DepEd Secretary, we already discussed as to how vacancy in the Senate and House of Representatives may be filled.
Article VI, Section 9 of the 1987 Philippine Constitution explicitly states that in case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired terms.
As above stated, there shall be an election to be conducted in accordance to a law specifically enacted for such purpose. Being governed by the said enacting law, and the Congress, being the lawmaking body of the Philippines, it is the legislators themselves who will deliberate and decide for the manner, procedure and other details surrounding the conduct of said election.
Vice President
In the instance that it is the Vice Presidency that become vacant by reason of death, resignation and removal from office by the incumbent VP, Article VII, Section 9 of the Constitution is instructive. As explicitly mandated therein, “whenever there is a vacancy in the Office of the Vice President during the term for which he was elected, the President shall nominate a Vice President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.
Worthy to note that this discretion of the President to nominate is still subject to the constitution provisions on Vice President’s qualification, particularly the age requirement – of at least forty (40) years of age. This procedure had been observed when then Vice President Gloria Macapagal Arroyo assumed presidency after President Erap’s resignation, where she nominated Senator Teofisto Guingona Jr. to be her Vice President and such nomination was affirmed by both the Senate and House of Representatives.
President
In case of death, permanent disability, removal from office, or resignation of the President, the Vice President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified, (Article VII, Section 8, 1987 Philippine Constitution)
The above-quoted provision is the so-called presidential line of succession. Throughout our rich history, there had been four (4) instances where the Vice President assumed the presidency. Then VP Sergio Osmena upon the death of President Manuel L. Quezon, VP Elpidio Quirino after the death of President Manuel Roxas, VP Carlos P. Garcia following the fatal C-47 crash of President Ramon Magsaysay and then VP Gloria Macapacal Arroyo upon President Erap’s resignation from office during EDSA 2.