ARTICLE VII SECTIONS 7 TO 15

SECTION 7-12 PRESIDENTIAL SUCCESSION

CONDITION
PRESIDENT-ELECT FAILS TO QUALIFY OR TO BE CHOSEN PRESIDENT-ELECT DIES OR IS PERMANENTLY DISABLED PRESIDENT DIES/ PERMANENTLY DISABLED/IMPEACHED / RESIGNS VP DIES / PERMANENTLY DISABLED / IMPEACHED / RESIGNS

STIPULATION
VP-ELECT WILL BE ACTING PRESIDENT UNTIL PRESIDENT IS CHOSEN VP BECOMES PRESIDENT.

VP BECOMES PRESIDENT FOR THE UNEXPIRED TERM 1. President will nominate new VP from House. 2. Nominee must be confirmed by House majority and Senate majority voting separately. 3. Nominee forfeits seat in Congress. SENATE PRESIDENT, IF DISABLED, HOUSE SPEAKER BECOMES ACTING PRESIDENT UNTIL A PRESIDENT OR VP ELECTED / CHOSEN AND QUALIFIED. IF SENATE PRESIDENT / HOUSE SPEAKER ARE DISABLED, CONGRESS SHALL DETERMINE BY LAW, WHO WILL BE THE ACTING PRESIDENT HOW: 1. Congress convenes 3 days after vacancy, without need of call. The convening Congress cannot be suspended. 2. Within 7 days after convening, Congress shall enact law calling for special election to elect President and VP. Special election cannot be postponed. 3. Special election held 45-60 days from enactment of law on special election. 4. 3 readings on special law can be held not necessarily on separate days. 5. Law enacted upon approval on third reading. NO SPECIAL ELECTION IF VACANCY WITHIN 18 MONTHS BEFORE DATE OF THE NEXT PRESIDENTIAL ELECTION.

BEFORE TERM OF OFFICE BOTH PRESIDENT-ELECT AND VP-ELECT ARE NOT CHOSEN, NOT QUALIFIED, DIE OR BECOME PERMANENTLY DISABLED OR DURING TERM OF OFFICE BOTH PRESIDENT AND VP DIE / PERMANENTLY DISABLED / IMPEACHED / RESIGN

b) Even during such illness. In the event of this vacancy. the National Security Adviser. ARROYO This is the case of Estrada challenging the office of Gloria Arroyo as President de jure. the Vice-President will be Acting President until the President transmits a written declaration to the contrary. In this event. In this issue. without need of a call. the VP will be Acting President. and the Chief of Staff of the AFP are entitled to access to the President ESTRADA VS. (Public office is a public trust. voting separately. The rule is that unlawful acts of public officials are not acts of the State and the officer who acts illegally is not acting as such but stands in the same footing as any other trespasser. the majority of the Cabinet retransmits their written declaration. a 2/3 majority of both Houses. is needed to find the President temporarily disabled. until the time when the House and the Senate. ii. b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration. in which case. i. The court throws out the case by saying that Estrada cannot be said to be unable to resign during investigation because the law cannot be construed against the circumstances that led to his complete rejection. BUT: If the President transmits a written declaration that he is not disabled. or 12 days if Congress is not in session. voting separately. DESIERTO The case involves Estrada s impeachment proceedings that began with the expose of Chavit Singson and the subsequent resignations of his cabinet members. ESTRADA VS. iv.TEMPORARY DISABILITY of the President The temporary inability of the President to discharge his duties may be raised in either of two ways: a) By the President himself. In this case. contemporaneous and posterior facts and circumstantial evidence bearing a material relevance on the issue. PRESIDENTIAL ILLNESS a) If the President is seriously ill. the Court rules that the petitioner had resigned. The VP will immediately be Acting President. Within 10 days after Congress is required to assemble. when he sends a written declaration to the Senate President and the Speaker of the House. the Court would use the totality test or the totality of prior. Using this test. Congress shall reconvene within 48 hours if it is not in session. the Secretary of Foreign Affairs. If within 5 days after the President reassumes his position. the public must be informed thereof. Estrada relinquished his position as president but later contested that he did not resign. A sitting or non-sitting President is not immune from suit for non-official acts or from wrongdoing. Congress shall decide the issue. the VP acted as president. chose Arroyo as President by their recognition of her as President. he reassumes his position iii.) .

any other profession during their tenure. relatives may continue in office. 4. DISQUALIFICATIONS POSITIONS PRESIDENT VICE PRESIDENT CABINET MEMBERS DEPUTIES / ASSISTANTS OF CABINET MEMBERS PROHIBITIONS PROHIBITTED FROM: 1. 7. NOT continuation in office. electrical. or in any franchise. Being financially interested in any contract with. What is prohibitted is appointment and re-appointment.) Cabinet Secretaries. a former Commissioner of the Presidential Commission on Good Government (PCGG). 3.. for violation of the Anti-Graft and Corrupt Practices Act (RA 3019).. The rule on disqualifications for the President and his Cabinet are stricted than the normal rules applicable to appointive and elective officers under Art IX-B. Holding office or employment during their tenure unless otherwise provided in the Constitution (e.g. SPOUSES AND 4TH DEGREE RELATIVES OF THE PRESIDENT (CONSANGUINITY OR AFFINITY) CANNOT BE APPOINTED DURING PRESIDENT S TENURE AS: 1. in connection with his shareholdings and position as president and director of the Doromal International Trading Corporation (DITC) which submitted bids to supply P61 million worth of electronic. VP can be appointed in Cabinet. SANDIGANBAYAN Quintin S. agency or instrumentality thereof.) Office of the Ombudsman.) Members of the Constitutions Commissions. SPOUSES can be appointed to the judiciary / ambassadors / consuls. 3. Practicing. including GOCCs or their subsidiearies. directly or indirectly. Participating in any business.SECTION 13. 3(h).) Chairman or heads of bureaus or offices including GOCCs and their subsidiaries If the above relatives were already in any of the above offices at the time before President s term of office. Sec. Sec of Finance is head of Monetary Board) 2. DOROMAL V. or Sec of Justice sits on JBC) or the positions are ex-officio and they do not receive salary or other emoluments (e.) Department Undersecretaries 5.g. 2. or special privilege granted by the government or any subdivision. Sec. 4. . Doromal.

COA G. he was receiving a per diem for every board meeting he attended during the years 1995 to 1997. Lacsina. 284 issued by President Corazon C. to COA Memorandum No. according to the petitioners allows members of the Cabinet. Bitonio pursuant to the Supreme Court ruling declaring unconstitutional the holding of other offices by the cabinet members. petitioner Benedicto Ernesto R. Officials given the rank equivalent to a Secretary. their deputies and assistants in addition to their primary office and the receipt of compensation therefore. V. Executive Order No. Both petitions were consolidated and are being resolved jointly as both seek a declaration of the unconstitutionality of Executive Order No. 1997. David for petitioners in 83815. mechanical and airconditioning equipment to the Department of Education. The Court ruled that EO 284 is unconstitutional. EXECUTIVE SECRETARY Petitioners: Ignacio P. Culture and Sports (or DECS) and the National Manpower and Youth Council (or NMYC). Luis R. Quintos and Juan T. he contended that the Supreme Court modified its earlier ruling in the Civil Liberties Union case which limits the prohibition to Cabinet Secretaries. BITONIO JR. 509. Jr. Aquino on July 25. 97-038 dated September 19. Undersecretary or Assistant Secretary and other appointive officials below the rank of Assistant Secretary are not covered by the prohibition. 2004 FACTS: In 1994. was appointed Director IV of the Bureau of Labor Relations in the Department of Labor and Employment. ." CIVIL LIBERTIES UNION V. 284. Antonio R. 147392 March 12. No. their undersecretaries and assistant secretaries to hold other than government offices or positions in addition to their primary positions. As representative of the Secretary of Labor to the PEZA Board. and. Bitonio. In his motion for reconsideration to the COA. implementing Senate Committee Reports No. Mauricio. The presence of a signed document bearing the signature of Doromal as part of the application to bid shows that he can rightfully be charged with having participated in a business which act is absolutely prohibited by Section 13 of Article VII of the Constitution" because "the DITC remained a family corporation in which Doromal has at least an indirect interest. Undersecretaries and their Assistants. the COA disallowed the payment of per diems to Mr. 1987. After a post audit of the PEZA¶s disbursement transactions.automotive. David for petitioners in 83896 and Juan T. R.

No law can render it nugatory because the Constitution is more superior to a statute. Since the Secretary of Labor is prohibited from receiving compensation for his additional office or employment. the Court declared that the concurrent appointments of the respondent as PCGG Chairman and CPLC were unconstitutional. but waived any renumeration that he may receive as CPLC. authorized the payment of per diems. RULING: The assailed decision of the COA is affirmed. Congress should be conclusively presumed to have been aware of the parameters of the constitutional prohibition as interpreted in the Civil Liberties Union case. enacted four years after the Civil Liberties Union case became final. par. No. are subject to the review of the CPLC. Petitioners sought to have both appointments declared as unconstitutional and. Moreover. considering that such stipulation was clearly in conflict with the proscription set by the Constitution. PUBLIC INTEREST CENTER V. . in expressly authorizing per diems. The petitioner is. since these are incompatible offices. Since the actions of the PCGG Chairman. Thereafter. In its Decision.He further stated that the PEZA Charter (RA 7916). COA rendered the assailed decision denying petitioner¶s motion for reconsideration. The Supreme Court cannot allow the petitioner who sat as representative of the Secretary of Labor in the PEZA Board to have a better right than his principal. such prohibition likewise applies to the petitioner who sat in the Board only in behalf of the Secretary of Labor. null and void. Likewise. the paragraph as to payment of per diems to the members of the Board of Directors was also deleted. ISSUE: Whether COA correctly disallowed the per diems received by the petitioner for his attendance in the PEZA Board of Directors¶ meetings as representative of the Secretary of Labor.A. a head of an executive agency. not entitled to receive per diem for his board meetings sitting as representative of the Secretary of Labor in the Board of Directors of the PEZA. He accepted the second appointment. 8748 to cure such defect. The framers of R. ELMA Respondent Elma was appointed as Chairman of the Presidential Commission on Good Government (PCGG) on 30 October 1998. such appointments would be incompatible. it is a basic tenet that any legislative enactment must not be repugnant to the Constitution. The option of designating representative to the Board by the different Cabinet Secretaries was deleted. therefore. The petitioner¶s presence in the PEZA Board meetings is solely by virtue of his capacity as representative of the Secretary of Labor. The duties of the CPLC include giving independent and impartial legal advice on the actions of the heads of various executive departments and agencies and reviewing investigations involving heads of executive departments.A. 7916 must have realized the flaw in the law which is the reason why the law was later amended by R. It ruled that the concurrent appointment to these offices is in violation of Section 7. indeed. No. during his tenure as PCGG Chairman. he was appointed as Chief Presidential Legal Counsel (CPLC). 2. Article IX-B of the 1987 Constitution.

This sort of appointment is made for partisan considerations. Facts: Referred to the Court en banc are the appointments signed by the President dated March 30. De Rama wrote a letter dated July 13. Placido Vallarta as judges of the RTC of Bago City and Cabanatuan City. there is no showing in this case of any compelling reason to justify the making of the appointments during the period of the ban. VIII Held: During the period stated in Sec. Issue: Whether or not. Principles: Power to appoint is executive in nature. unless revoked by the elected President. except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. 15 of Art. VII of the Constitution two months immediately before the next presidential elections and up to the end of his term the President is neither required to make appointments to the courts nor allowed to do so. These appointments appear prima facie. the determination of who among those who are quali IN RE APPOINTEMENTS OF VALENZUELA AND VALLARTA . 4 (1) and 9 of Art. The appointments of Valenzuela and Vallarta were unquestionably made during the period of the ban. and that Secs. Quezon. Art. 4(1) and 9 of Art. Mateo Valenzuela and Hon. Art. 1998 of Hon. to be expressly prohibited by Sec. While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices. in view of Secs. seeking the recall of the appointments of fourteen (14) municipal employees. petitioner Conrado L. a President or Acting President shall not make appointments. Art. COURT OF APPEALS Upon his assumption to the position of Mayor of Pagbilao. 15. 15 (President shall not make appointments within 2 months prior to the next Presidential election) is applicable to the members of the Judiciary. This prohibition on appointments comes into effect once every 6 years. respectively. Two months immediately before the next presidential elections and up to the end of his term. 15. at least. 15. . DE RAMA V. The said constitutional provision prohibits the President from making any appointments two months immediately before the next presidential elections and up to the end of his term. 1995 to the Civil Service Commission (CSC). VII. Section 15. during the period of the ban on appointments imposed by Sec. except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. VIII simply mean that the President is required to fill vacancies in the courts within the time frames provided therein unless prohibited by Sec. VII of the Constitution. within ninety days from his assumption or reassumption of office. . the President is nonetheless required to fill vacancies in the judiciary. VII of the Constitution. They come within the operation of the prohibition relating to appointments.Sec.Section 14. While the filling of vacancies in the judiciary is undoubtedly in the public interest. Appointments extended by an Acting President shall remain effective.

petitioner justified his action of recalling the appointments of said fourteen employees by saying that these were ³midnight appointments´. specifically those made within two (2) months immediately prior to the next presidential elections. In the case at bar. Petition for review is DENIED and CSC resolutions are AFFIRMED. there is no law that prohibits local elective officials from making appointments during the last days of his or her tenure. applies only to the President or Acting President.De Rama justified his recall request on the allegation that the appointments of said employees were ³midnight appointments´ of the former Mayor. TET GALLARDO . In truth and in fact. There is no law that prohibits local executive officials from making appointments during the last days of their tenure. The CSC correctly ruled that the constitutional prohibition on so-called ³midnight appointments´. Evelyn S. Abeja. Ma. done in violation of Article VII. Section 15 of the 1987 Constitution.

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