POLITICAL LAW AND PUBLIC INTERNATIONAL LAW: EXECUTIVE DEPARTMENT

D. Rules of Succession

The Rules of Succession in the Executive Department, specifically in the Philippine government, are enshrined primarily in the Constitution and other pertinent laws. The rules of succession aim to ensure continuity of governance in the event that the President or other high-ranking officials of the executive branch are unable to fulfill their duties.

In the Philippines, the main provisions governing presidential succession are found in the 1987 Constitution under Article VII (Executive Department). Below is a comprehensive analysis of the rules of succession:

I. PRESIDENTIAL SUCCESSION

Presidential succession addresses scenarios where the President is permanently or temporarily unable to perform the duties of the office.

1. Permanent Vacancy

A permanent vacancy occurs when the President:

Dies,
Is permanently disabled,
Resigns,
Is removed from office via impeachment, or
Any other cause of permanent incapacity.

In these situations, the Constitution lays down the following rules:

Succession by the Vice President: Under Section 8 of Article VII of the 1987 Constitution, the Vice President assumes the position of the President upon the occurrence of a permanent vacancy in the presidency. The Vice President serves for the unexpired term of the President.
No President and Vice President: If both the President and the Vice President are unable to serve due to permanent vacancies, the Senate President or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or Vice President is elected and qualified.
- This election must take place not more than 30 days after the vacancies occur. Congress, by law, shall provide for this special election.
Special Law for Presidential Disability: Congress has the constitutional duty to provide by law for situations involving the temporary or permanent disability of the President and the manner by which such a disability may be determined. The law is also expected to provide the manner of restoration of power if the disability is temporary.

2. Temporary Vacancy

A temporary vacancy occurs when the President becomes temporarily unable to discharge the duties of the office due to illness or other temporary incapacity.

Voluntary Temporary Incapacity (Section 11, Article VII): If the President submits a written declaration to the Senate President and the Speaker of the House of Representatives stating an inability to discharge the duties of the office, the Vice President will serve as Acting President. The President can resume the powers and duties of the office by submitting a subsequent written declaration stating that the incapacity no longer exists.
Involuntary Temporary Incapacity (Section 11, Article VII): If a majority of the Cabinet, including the Executive Secretary, determines that the President is unable to discharge the powers and duties of the office, the Vice President will immediately assume the office in an acting capacity. However, the President can contest this declaration by submitting a written declaration that no inability exists.

If the Cabinet challenges the President’s declaration, Congress must decide the issue. A two-thirds vote of both Houses of Congress, voting separately, is needed to uphold the declaration of the President’s inability.

II. VICE PRESIDENTIAL SUCCESSION

Permanent Vacancy: In case of a permanent vacancy in the Office of the Vice President due to death, resignation, incapacity, or removal from office, the President is empowered under Section 9, Article VII of the Constitution to appoint a Vice President from among the members of the Senate and the House of Representatives, subject to confirmation by a majority vote of both Houses of Congress.
- This Vice President serves only for the unexpired term of the predecessor.

III. CONGRESS' ROLE IN PRESIDENTIAL SUCCESSION

The Philippine Congress has a significant role in ensuring a clear and lawful process of succession. In cases where both the President and Vice President are unable to serve, Congress is tasked with conducting a special election within 30 days of the vacancies. Moreover, Congress is empowered to determine by law how to handle instances of presidential disability and inability and the means by which such incapacity is determined.

Congress also plays a role when disputes arise concerning the President’s ability to resume office after a temporary incapacity. Its decision on the matter is conclusive and binding, provided a two-thirds vote of all members of both Houses is achieved.

IV. CONTINUITY OF GOVERNMENT

The clear goal of the rules on presidential and vice-presidential succession is to ensure continuity and stability in the executive department of the government. The framers of the 1987 Constitution ensured that the executive branch would remain functional under any circumstances by laying out these specific rules.

In addition to the provisions in the Constitution, other laws and executive issuances may provide more details regarding the specifics of incapacity, disability, or succession planning (e.g., Administrative Code provisions), though the Constitution remains the supreme law in these matters.

V. PUBLIC INTERNATIONAL LAW CONSIDERATIONS

From a public international law perspective, the rules of executive succession reflect the principle of state continuity and the need for a functioning government to maintain its international obligations. Regardless of internal transitions, the Philippines as a state remains bound by its international commitments, and the executive branch is expected to ensure the nation remains engaged with international law.

In conclusion, the rules of succession in the Philippine executive department ensure that the transition of power occurs seamlessly, whether due to permanent or temporary vacancies in the presidency or vice presidency. The Constitution primarily guides this process, with significant oversight from the legislative branch and provisions for ensuring stability in governance.