Office of the Seerary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session AUG -4 P5:41 SENATE RECEIVED BY: S. No._ 858 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PRESCRIBING THE ORDER OF PRESIDENTIAL SUCCESSION EXPLANATORY NOTE According to Article VII Section 1 of the 1987 Constitution, "Executive power shall be vested in the President of the Philippines." As such, the President leads the Executive Department, which makes sure that laws are faithfully carried out and that they are followed. Additionally, he serves as the Commander-in-Chief of the Philippine Armed Forces. It is therefore imperative that the state ensures the continuity and stability of the operations in government no matter the circumstances, as it is also constitutionally provided who shall succeed the President in the event that he is unable to discharge the duties of his office, for the following reasons: death, disability, removal, or resignation from office.
Section 8, Article VII of the 1987 Philippine Constitution provides a framework
for presidential succession in cases of death, permanent disability, removal from office, or resignation of the President and Vice President. However, it mandates Congress to enact a law detailing the line of succession beyond these two highest offices. To date, such comprehensive legislation remains absent.
As inferred from the foregoing, the legislature is tasked to enact a law to enumerate those who will succeed him in such cases when he may no longer discharge the functions of his office, whether voluntarily or not, until his duly elected successor has been chosen and is eligible to serve as the next President, or Vice-President, as the case may be. This bill suggests the natural order of presidential succession as it may be based on a thorough assessment of the roles played by each branch of government, which fully establishes the necessity of having an acting president in any situation and ensures a seamless transition from an ad interim to a legitimate, qualified, and duly elected President. This measure ensures that, in the event of simultaneous vacancies or incapacities in the offices of the President and Vice President, the functions of the executive branch continue without interruption. By legislating a clear hierarchy, this measure ensures uninterrupted governance and reinforces public confidence in our democratic institutions. A similar version of this measure was filed by Sen. Maria Lourdes Nancy S. Binay during the Nineteenth Congress. Hence, the immediate passage of this bill is highly recommended. JINGGOY EJERCITO ESTRADA
TWENTIETH CONGRESS OF THE « her of the & rots REPUBLIC OF THE PHILIPPINES ) ) AUG -4 P5:41 First Regular Session SENATE RECEIVED BY: S. No. 858 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PRESCRIBING THE ORDER OF PRESIDENTIAL SUCCESSION Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. In case of death, permanent disability, removal from office, or
resignation of both the President and Vice-President, the President of the Senate or, 3 in case of his inability, the Speaker of the House of Representatives, shall serve as the 4 Acting President until the President or Vice-President shall have been elected and 5 qualified.
Sec. 2. In the event of permanent disability, death, removal from office or
resignation of the Acting President before the President or Vice-President shall have 8 been elected and qualified, the following elected and appointed officers of the Republic ° of the Philippines and who is not under any disability to discharge the powers and duties of the Office of the President shall act as President in the following order: (1) the most senior Senator based on the length of service in the Senate or if there be none, or in the event of his removal, death, resignation or of his inability to act as President, (2) the most senior Representative based on the length of service in the House of Representatives or if there be none, or in the event of his removal, death, resignation or of his inability to act as President, (3) the member of the Cabinet designated by the President.
Prior to any public or private activity, event or function with the attendance of 2 the President, Vice President and other high-ranking officials which may include those 3 mentioned in Sections 1 and 2 of this Act, the President shall designate a member of the Cabinet to be sequestered in a secret and secure location. In the event of an 5 extraordinary circumstance resulting in the death or permanent disability of the 6 President, Vice President and the officials mentioned in Sections 1 and 2 of this Act, 7 the designated member of the cabinet shall act as the President.
Sec. 3. Official actions of the Acting President pertaining to the day-to-day
9 operation of the Government of the Republic of the Philippines shall remain effective 10 unless revoked by the elected President within ninety (90) days from his or her assumption or reassumption of office.
Sec. 4. This Act shall take effect upon its approval.
Approved,