Presidential Succession Order Act

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BATAS PAMBANSA BLG. 882: Presidential Succession Order Act

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Title Supreme Court: Presidential Succession Order Act

Law: Batas Pambansa Blg. 882

Decision Date: Dec 3, 1985

The Philippine Jurisprudence case explores the order of succession to the office of the President in case of permanent vacancy or temporary disability, ensuring a smooth transition of power and continuity in the executive branch. The law designates the Speaker of the Batasang Pambansa, Prime Minister, Deputy Prime Minister, and Vice-President as potential acting Presidents, depending on the circumstances.

order of succession

office of the president

presidential succession

A

Succession if President-Elect Dies Before Term

If the President-elect dies before the start of the term, the Vice-President-elect becomes President.

Acting President if President Not Chosen or Qualified

If no President is elected or qualified at term start:
- The Vice-President acts as President until a President qualifies.

Succession if Neither President nor Vice-President Are Qualified or Elected

If neither the President-elect nor Vice-President-elect are chosen, qualified, or both have died at term start:
- The Prime Minister acts as President.
- If the Prime Minister cannot act due to death, resignation, or permanent disability, the order is:
  1. Speaker
  2. Deputy Prime Minister
  3. Speaker Pro Tempore

Vice-President Succeeds President for Unexpired Term; Further Order of Succession

Upon permanent vacancy (disability, death, removal, resignation) of the President:
- The Vice-President becomes President to serve the unexpired term.
If both President and Vice-President have permanent vacancies:
- The succession is:
  1. Prime Minister
  2. Speaker
  3. Deputy Prime Minister
  4. Speaker Pro Tempore
If the Speaker Pro Tempore cannot assume office:
- The Batasang Pambansa convenes without call and elects by majority a qualified Member to act as President per Section 4, Article VII of the Constitution.

Temporary Disability of the President

If the President declares in writing his temporary inability to discharge office duties to the Speaker of the Batasang Pambansa:
- The Vice-President discharges powers and duties as Acting President until the President transmits a written declaration otherwise.
If Vice-President is not chosen or qualified:
- The Prime Minister acts as Acting President.
- If the Prime Minister is unable, the Speaker acts as Acting President.

Repeal of Inconsistent Laws

All acts or parts of acts inconsistent with this Act are repealed.

Effectivity

This Act takes effect upon approval on December 3, 1985.

END