Question & AnswerQ&A (Commonwealth Act No. 68)
The main purpose of Commonwealth Act No. 68 is to provide for the appointment of an officer to act as President of the Philippines under specific circumstances such as when neither the President-elect nor the Vice President-elect has qualified, or in cases of removal, death, resignation, or inability of both the President and Vice President.
Commonwealth Act No. 68 operates under sections seven and nine, Article VII of the Philippine Constitution.
The National Assembly shall convene when neither the President-elect nor the Vice President-elect has qualified, or if there is removal, death, resignation, or inability of both the President and Vice President, to elect an acting President.
The call to convene the National Assembly can be made by the Speaker, the Secretary, or twenty-five members of the Assembly.
The National Assembly shall elect by a majority vote of all its members a person or officer to act as President until the President-elect or Vice President-elect qualifies, the inability is removed, or a new President is elected.
If the vacancies become permanent, the National Assembly shall determine by resolution whether or not to hold a special election to elect a new President.
A Department Secretary, in the order of rank established in the Administrative Code, performs the duties of temporary President pending the election by the National Assembly.
Yes, the Department Secretary who performs the duties of the temporary President is determined by the order of rank established in the Administrative Code.
The Act took effect upon its approval, which was on October 23, 1936.
The acting President shall serve until the President-elect or Vice President-elect qualifies, the inability to serve is removed, or until a President is duly elected.