Presidential Succession Order Act

The act prescribes a clear presidential succession order to cover permanent vacancies and temporary disability of the President.
The acting officials created by the succession rules are made subject to the same limitations as the Speaker under the constitutional standard for restrictions of powers and disqualifications (Section 1 referencing Section 9, Article VII of the Constitution).
The act uses the constitutional framework in determining qualifications to be President through explicit cross-reference to Section 4, Article VII of the Constitution (Section 5).

The law does not establish independent statutory definitions for the key terms used.
The act expressly uses the term “Acting President” to designate the official who discharges presidential powers and duties under the succession rules (Sections 1, 3, 4, 6).

Section 1 governs succession in the event of permanent disability, death, removal from office, or resignation of the President before the presidential election of 1987.
Section 5 governs succession in the event of permanent disability, death, removal from office, or resignation of the President (including when both President and Vice-President are affected).
Section 2 covers the situation when the President-elect dies before the beginning of his term.
Section 3 covers the situation when no President has been chosen before the start of the term or when the President fails to qualify.
Section 4 governs the situation when neither the President-elect nor the Vice-President-elect has been chosen or qualified, or both have died, at the fixed beginning of their terms.
Section 6 governs temporary disability of the President through a written declaration of inability and its withdrawal.

If the President’s permanent disability, death, removal from office, or resignation occurs before the presidential election of 1987, the Speaker of the Batasang Pambansa acts as President until a President and a Vice-President (or either of them) shall have been elected and have qualified (Section 1).
If the Speaker dies, suffers permanent disability, resigns, or is removed from office at the time the presidential vacancy occurs or subsequently thereafter (for the situation covered in Section 1), the Prime Minister acts as President (Section 1).
If the Prime Minister fails or refuses, for any cause whatsoever, to assume or continue acting as President, the Deputy Prime Minister acts as President (Section 1).
If the Deputy Prime Minister is unable, the Speaker Pro Tempore acts as President; if the Speaker Pro Tempore fails to assume office, the Members of the Batasang Pambansa elect by majority vote a Member to act as President (Section 1).
An Acting President under Section 1 is subject to the same restrictions of powers and disqualifications as the Speaker under Section 9, Article VII of the Constitution (Section 1).

If, at the time fixed for the beginning of his term, the President-elect has died, the Vice-President-elect becomes President (Section 2).
If a President has not been chosen before the time fixed for the beginning of his term, or if the President fails to qualify, the Vice-President shall act as President until a President has qualified (Section 3).

If neither the President-elect nor the Vice-President-elect has been chosen or has qualified, or both have died at the time fixed at the beginning of their terms, the Prime Minister shall act as President (Section 4).
If the Prime Minister to act as President dies, resigns, or suffers permanent disability, the succession order is the Speaker, the Deputy Prime Minister, and the Speaker Pro Tempore (Section 4).
If the Speaker Pro Tempore fails to assume office for any cause as provided in Section 4, the Batasang Pambansa convenes immediately without need of a call, and Members elect by majority vote from among elected Members a person who is qualified to be President under Section 4, Article VII of the Constitution (Section 5).

If the President’s permanent disability, death, removal from office, or resignation occurs, the Vice-President becomes the President to serve the unexpired term (Section 5).
If there are permanent disability, death, removal from office, or resignation of both the President and the Vice-President, the order of presidential succession is the Prime Minister, the Speaker, the Deputy Prime Minister, and the Speaker Pro Tempore (Section 5).
If the Speaker Pro Tempore fails to assume office for any cause as provided in Section 5, the Batasang Pambansa convenes immediately without need of a call, and Members by majority vote elect an eligible Member qualified to be President under Section 4, Article VII of the Constitution (Section 5).

The President must transmit to the Speaker of the Batasang Pambansa a written declaration that the President is temporarily unable to discharge the powers and duties of office (Section 6).
While the President’s temporary inability declaration remains effective, and until the President transmits a written declaration to the contrary, the Vice-President discharges the powers and duties as Acting President (Section 6).
If the Vice-President shall not have been chosen and qualified, the Prime Minister discharges as Acting President; if the Prime Minister is unable, the Speaker discharges as Acting President (Section 6).

Section 7 repeals all acts or parts of acts inconsistent with Batas Pambansa Blg. 882.
Section 8 provides that the act takes effect upon its approval (December 3, 1985).