Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2138
ae

Introduced by Reps. NERI JAVIER COLMENARES, TEODORO A. CASINO,
» RAFAEL Y. MARIANO, LUZVMINDA C. ILAGAN, RAYMOND V. PALATINO,
EMERENCIANA A. DE JESUS and ANTONIO L. TINIO

AN ACT
PROVIDING FOR A SYSTEM OF INTERIM SUCCESSION FOR THE POSITION
OF PRESIDENT IN THE EVENT THAT THERE IS FAILURE OF ELECTIONS
FOR THE POSITION OF PRESIQENT AND VICE-PRESIDENT AND THE SENATE
AND THE HOUSE OF REPRESENTATIVES HAVE YET TO ELECT THEIR
PRESIDENT AND SPEAKER, RESPECTIVELY, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Just like nature, power hates a vacuum, and, as in natural vacuum, once a power vacuum
exists a host of power-seeking forces will rush in to fill the void.

There is a possible vacuum in the Office of the President should the automation project
administered by the Comelec result in a failure to elect the President, Vice President and
Members of Congress. Article VII, Section 7 of the 1987 Constitution provides for the
succession of the Senate President and the Speaker of the House of Representatives in that
order, in case there is failure to elect the President or Vice-President, to wit:

Where no President or Vice President shall have been chosen or shall 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 above provision, however, does not contemplate a situation where there is a general
failure of the national elections. Should there be massive and national brown outs, or a
debilitating and fatal virus attack on or widespread hacking of the automation system, or a
complete breakdown of the automated national elections, there is that realistic possibility that
no President, Vice President or member of Congress is elected in the 2010 elections. Even if
the Senate is “continuing body” the twelve remaining senators cannot elect the President of
the Senate as they no longer constitute the majority of the members of the Senate thereby
creating a vacuum that could lead the country into an abyss of darkness and destruction.



‘The Administrative Code cannot be the source of guidance since it does not contemplate a
grant of authority to the incumbent President to rule the country in a holdover capacity. Ae

It is, therefore, imperative on the part of Congress to make sure that no such vacuum exist
shou}d there be failure to elect national officials in any national election,

‘The urgent and immediate passage of this bill is therefore earnestly sought.

Teh Ca

TEODORO A. CASINO
Bayan Muna Party-List

RAFAEL V. MARL C fad
Anakpawis Partylist Gabriela Women’s Party
RAYMOND V. PALATINO EMERENCIANA A. DE JESUS
Kabataan Party Gabriela Women’s Party

ACT Teachers Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2138

HOUSE BILL No.

Introduced by Reps. NERI JAVIER COLMENARES, TEODORO A. CASINO,
RAFAEL V. MARIANO, LUZVMINDA C. ILAGAN, RAYMOND V.
PALATINO, EMERENCIANA A. DE JESUS and ANTONIO L. TINIO

AN ACT
PROVIDING FOR A SYSTEM OF INTERIM SUCCESSION FOR THE
POSITION OF PRESIDENT IN THE EVENT THAT THERE IS FAILURE OF
ELECTIONS FOR THE POSITION OF PRESIDENT AND VICE-PRESIDENT
AND THE SENATE ANDTHE HOUSE OF REPRESENTATIVES HAVE YET
TO ELECT THEIR PRESIDENT AND SPEAKER, RESPECTIVELY, AND
FOR OTHER PURPOSES

Article 1. Title. — This Act shall be known as the “Interim Succession Act”.

Article 2, Declaration of Policy. — \t is the declared policy of the State to ensure the
smooth transition of power and to guarantee that governance is discharged orderly in
the event that there is failure of electing the position of President and Vice-President
or any other situation not contemplated under Article VII, Section 7, of the
Constitution.

Article 3. Succession. ~ The Chief Justice of the Supreme Court shall act as the
Interim President of the Republic of the Philippines in the event that there is failure of
election for the position of President and Vice-President, and the Senate and the
House of Representatives are unable to elect their President and Speaker, respectively
by the time that the term of office of the incumbent President shall have ended, or in
any other situation where no succession could take place as contemplated under
Sections 7 and 8 of Article VII of the Constitution.

Section 4. Inapplicability of the Constitutional provision on Succession, ~ Should the
situation referred in Article 3 of this Act take place such as the failure of elections for
President, Vice-President, Senators and Congressmen, the Chief Justice, as Interim
President, shall continue to serve as such until after an election is held and the
President, Vice-President, Senators, and Congressmen are elected and qualified.

The Chief Justice, as Interim President, shall call for a special election not later than
three (3) months for the position of President, Vice-President, Senators, and
Congressmen. The incumbent President shall not be qualified to run for reelection in


the said special elections. Upon election and qualification of the President, the Chief
Justice, as Interim President, shall relinquish the Presidency immediately after the
President and Vice-President shall have been sworn into office and revert to his
former position as Chief Justice unless his term have lapsed due to retirement.

In the event that the term of the Chief Justice lapsed during his incumbency as Interim
President, he shall continue to serve as such until a President and Vice-President shall
have been sworn into office.

. . ‘Notwithstanding the date of his or her assumption into office, the term of office of the

“ President elected in the special elections above-described shall be deemed to have
started from the end of the term of the preceding President and shall end at noon on
the thirtieth day of June six years thereafter, as provided under Section 4, Article VII
Of the 1987 Constitution. Thereafter, he or she shall no longer be eligible to run for
reelection.

Section $. Interim Period. ~ During the interim period, the Chief Justice as Interim
President shall be stripped of his duties in the Judiciary. The most senior justice of
the Supreme Court shall, for purposes of this Act, assume the office of the Chief
Justice for the interim period. Provided that, in the event that the term of the Chief
Justice expired during the interim period, the manner provided by the Constitution for
the appointment of the Chief Justice shall apply.

Section 6, Effectivity. ~ This Act shall take effect upon approval.

Approved,