Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 10896

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

This proposed measure provides the manner for the selection of an Acting President
and Acting Vice President. It seeks to address the scenarios where there is a failure of elections
for the Presidency and Vice Presidency or where both offices become vacant due to death or
permanent disability and the President of the Senate, or the Speaker of the House of
Representatives fail to act as President.

Article VII, Section 7 of the 1987 Constitution provides:

“Section 7. The President-elect and the Vice President-elect shall assume office at the
beginning of their terms

If the President-elect fails to qualify, the Vice President-elect shall act as President
until the President-elect shall have qualified.

Ifa President shall not have been chosen, the Vice President-elect shall act as President
until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or
shall have become permanently disabled, the Vice President-elect shall become
President.

Where no President and Vice-President shall have been chosen or shalll have qualified,
or where both shall have died or become permanently disabled, the President of the
Senate or, in case of his inability, the Speaker of the House of Representatives, shall
act as President until a President or a Vice-President shall have been chosen and
qualified

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.”


If Paragraph 5 of the aforementioned provision of the constitution fails to operate, there
is a danger that the country will be plunged into an untenable situation of chaos and instability
because of the ensuing leadership vacuum arising therefrom. This is due to the absence of a
law, as prescribed in the last paragraph of Section 7, which would prevent such a situation from
obtaining.

It is in this light that this proposed measure is being submitted. This bill is an
affirmation of Congress’ sacred duty to ensure the stability, continuity and legitimacy of
government operations, most especially during critical times.

In view of the foregoing, the immediate approval of this bill is earnestly sought.

JAIME SNEDI
Répresentative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 1089 6

Introduced by Representative Jaime R. Fresnedi

AN ACT
PROVIDING FOR THE SELECTION OF AN ACTING PRESIDENT AND ACTING
VICE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES

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 President and Vice
President 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 the Senate and House
of Representatives who shall assume office upon confirmation by a majority of all the members
of both houses of Congress: Provided, That members who ran for President or Vice President
in the last preceding elections shall not be included as among those who may be selected as,
Acting Vice President.

Sec. 3. Failure of Election Defined. — For the purpose of this Act, there is failure of
election 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 returns 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.

Sec. 5. Separability Clause. ~ If any part, section or provision of this Act is held invalid
or unconstitutional, other provisions not affected thereby shall remain in force and 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,