Title
Presidential succession law and procedures
Law
Batas Pambansa Blg. 231
Decision Date
Sep 11, 1982
Batas Pambansa Blg. 231 outlines the procedures for presidential succession in the Philippines, including the establishment of an Executive Committee and the calling of special elections in the event of a vacancy in the office of the President.
A

Exercise of Presidential Powers by the Speaker

  • If there is no Executive Committee, the Speaker of the Batasang Pambansa acts as President until a President is elected and qualified.
  • Absence of an Executive Committee means it has not been constituted, no longer exists, or cannot discharge its functions.

Special Election for President

  • Upon the death or failure to qualify of the President-elect, the Batasang Pambansa must call a special election within 30 days.
  • The election date must be between 45 to 60 days after the call.
  • For permanent disability, death, removal, or resignation of the President occurring earlier than 18 months before term end, the Batasang Pambansa must also call a special election within the same timeframe.

Convening the Batasang Pambansa Upon Vacancy

  • The Batasang Pambansa must convene automatically on the third day after a presidential vacancy without needing a formal call.
  • It is responsible for enacting laws for holding the special election.

Transitional Policy During Vacancy

  • The Batasang Pambansa, Executive Committee, and Commission on Elections must coordinate to ensure the holding of a presidential election during any vacancy.

Determining Permanent Disability of the President

  • The President may declare his incapacity by transmitting a written declaration to the Executive Committee and Batasang Pambansa.
  • If unable or unwilling, the Cabinet can declare incapacity by a three-fourths vote.
  • If the President disagrees, the Batasang Pambansa can declare incapacity by a two-thirds vote.
  • Presidential office vacates upon submission or declaration depending on the procedure followed.

Resignation of the President

  • The President's resignation must be submitted to the Batasang Pambansa through the Speaker, with a copy to the Prime Minister.
  • The resignation is effective immediately upon receipt by the Speaker, vacating the President's position.

Removal of the President by Impeachment

  • Upon conviction of the President in impeachment proceedings by the Batasang Pambansa, the Speaker certifies to this effect.
  • The President's office is deemed vacant from the date and time of this certification.

Rules Governing the Executive Committee

  • The Deputy Prime Minister presides over the Executive Committee if the Prime Minister cannot or if confidence is withdrawn.
  • A quorum requires a majority of all Executive Committee members.
  • Members present may compel attendance of absent members under penalties set by the Committee.
  • Decisions require a majority vote of all members.
  • The presiding officer or authorized member signs all official documents.
  • In case of Prime Minister’s permanent disability, death, or resignation, the Deputy Prime Minister exercises the Prime Minister’s powers until a new election.
  • Procedures for determining Prime Minister's disability mirror those for the President.

Conduct and Supervision of Presidential Elections

  • All special or regular presidential elections are conducted and supervised by the Commission on Elections.
  • Applicable election laws govern these processes.

Appropriations for Special Elections

  • The cost of special presidential elections called by the Batasang Pambansa shall be funded through specific appropriations provided by law.

Separability Clause

  • If any part of the Act is declared invalid or unconstitutional, remaining provisions continue in full force and effect.

Repealing Clause

  • Presidential Decree No. 1514 and other laws on presidential succession are repealed entirely.

Effectivity

  • The Act takes effect immediately upon approval.

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