Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Hon. Rodolfo G. Biazon

EXPLANATORY NOTE

‘The 1987 Constitution provides under Article VII, Section 7, Paragraph 5, who shall
act as President where no President and Vice President shall have qualified, or where both
shall have died or become permanently disabled. It also provides that Congress shall, “at ren
o’clock in the morning of the third day after the vacancy in the offices of the President and
Vice President occurs, convene in accordance with its rules without need of a call and within
seven days, enact a law calling for a special election 10 elect a President and a Vice-
President to be held not earlier than forty-five days nor later than sixty days from the time of
such call.” (Article VII, Section 10)

While the abovementioned provisions of the Constitution are indeed important,
another measure needs to be enacted in order to ensure that the principles of democratic rule
will prevail in the country. This is a law that shall provide for the manner in which one who is
to act as President shall be selected until a President or a Vice-President shall have qualified,
in case of death, permanent disability, or the inability of the Senate President or the Speaker
of the House of Representatives to take over as Acting President.

A scenario where there is a leadership vacuum will occur due to the failure of the
constitutional provision on the rule of succession to operate will be untenable for the country.
This will provide an opportunity for those with selfish interests and personal agenda to
forcibly take over the reins of government. It is therefore primordial and imperative that this
possible leadership vacuum be addressed. A caretaker government headed by an Acting
President and Acting Vice President must be established to ensure the daily administration of
the government and the holding of elections for the Presidency and the Vice-Presidency.

This is the subject of this proposed measure. It is pursuant to, and in consonance with,
the last paragraph of Article VII, Section 7 of the Constitution which provides that:

“The Congress shall, by law, provide for the manner in which one who is to act as
President shall be selected until a President or a Vice-President shall have qualified,


in case of death, permanent disability, or inability of the officials mentioned in the
next preceding paragraph.”

As adherents to the principles of democratic governance, it is incumbent upon the
members of this Congress to pass this piece of legislation.

a5, BIAZON

Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

8

ee)

fs

House Bill No. __

Introduced by Hon. Rodolfo G. Biazon

AN ACT
PROVIDING FOR THE SELECTION OF AN ACTING PRESIDENT AND ACTING
VICE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES IN CASE OF A
FAILURE OF ELECTION

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Title. — This Act shall be known as the “Caretaker Government Act.”

Sec. 2. Selection of an Acting President and Acting Vice President of the Republic of
the Philippines. ~ When there is a failure of election such that no President and Vice-
President shall have been chosen or shall have qualified in an election, or where both shall
have died or become permanently disabled and the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, also fail to act as President, Congress,
shall, upon its occurrence, convene in accordance with its rules without need of a call, to
select an Acting President and Acting Vice President. The Members of the Senate shall elect
from the senators whose terms do not expire until the next elections, an Acting President:
Provided, That senators who ran for President or Vice President in the last preceding
elections shall not be included in the list from which the senators are to elect who shall be
‘Acting President.

‘The Acting President shall nominate an Acting 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: Provided, That the same disqualification provided earlier in the first paragraph of
this section shall also apply.

Sec. 3. Failure of Election Defined. ~ For the purpose of this Act, there is failure of
lection if, on account of force majeure, violence, terrorism, fraud, or other analogous causes,
the election in any polling place has not been held on the date fixed, or had been suspended
before the hour fixed by law for the closing of the voting, or after the voting and during the


preparation and the transmission of the election retums or in the custody or canvass thereof,
such election results in a failure to elect, and in any of such cases the failure or suspension of
election would affect the result of the election.

Sec. 4. Limitations on the Powers of the Acting President and Acting Vice-President.
— The Acting President and Acting Vice-President shall have all the powers and functions
granted to the President and the Vice-President under the Constitution, except the power to
undertake and approve any and all types of infrastructure projects during their incumbency.

If any part, section or provision of this Act is held
in force and

See. 5. Separability Clause.
invalid or unconstitutional, other provisions not affected thereby shall remai
effect.

Sec. 6. Repealing Clause. — All other laws, decrees, orders, issuances, rules and
regulations that are inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

Sec. 7. Effectivity. ~ This Act shall take effect upon its approval.

Approved.