Question & AnswerQ&A (BATAS PAMBANSA BLG. 231)
If the President-elect dies or fails to qualify at the time fixed for the beginning of his term, or if the President has not been chosen, the Executive Committee headed by the Prime Minister shall exercise the powers and discharge the duties of the President until a President is elected and qualified. If the Batasang Pambansa withdraws confidence in the Prime Minister, the Speaker shall preside over the Executive Committee.
In such cases, the Executive Committee, headed by the Prime Minister, exercises the powers of the President until a new President is elected and qualified.
In the absence of an Executive Committee, the Speaker of the Batasang Pambansa acts as President until a President is elected and qualified.
The Batasang Pambansa must, within thirty days from the vacancy, call a special election for President to be held not earlier than forty-five days nor later than sixty days from the call.
If these events occur earlier than eighteen months before the expiration of the President's term, the Batasang Pambansa must call a special election within thirty days from the vacancy, to be held between forty-five and sixty days after the call.
The Batasang Pambansa must convene on the third day after the vacancy without need for a formal call to enact a law providing for holding a special election.
They shall take the necessary steps to ensure the holding of an election for President.
The President may transmit a written declaration of permanent incapacity simultaneously to the Executive Committee through the Prime Minister and to the Batasang Pambansa through the Speaker; the President's position is deemed vacant upon such transmittal.
At least three-fourths of the Cabinet members may vote to declare the President incapacitated and transmit a written declaration to the Office of the President and Batasang Pambansa, after which the position is deemed vacant. If the President disagrees, the Batasang Pambansa may declare the incapacity by a two-thirds vote.
The President's resignation becomes effective immediately upon the Speaker of the Batasang Pambansa receiving it when submitted through the Speaker with a copy to the Prime Minister.
The Speaker certifies the judgment of conviction; the President's position is deemed vacant from the date and time of certification.
A majority of all Executive Committee members constitutes a quorum, and a majority vote of all members is necessary to approve resolutions, orders, or decisions.
The Deputy Prime Minister presides over the Executive Committee in such cases.
The Commission on Elections conducts and supervises the election, which is governed by applicable election laws.
The cost of any special election is funded out of appropriations provided by law enacted by the Batasang Pambansa under Section 4 of the Act.