Fondo de Cooperación para Mancomunidades Integrales de Municipios

VACANCY SUCCESSOR

President-elect fails to qualify or to be chosen

VP-elect will be Acting President until someone is qualified/chosen as President. President-elect dies or is permanently

disabled.

VP becomes President. Both President and VP-elect are not

chosen or do not qualify or both die, or both become permanently disabled.

1. Senate President or

2. In case of his inability, the Speaker of the House shall act as President until a President or a VP shall have been chosen and qualified.

In case of death or disability of (1) and (2), Congress shall determine, by law, who will be the acting President.

2. Vacancies after the office is initially filled:

VACANCY SUCCESSOR

President dies, is permanently disabled, is impeached, or resigns.

Vice-President becomes President for the unexpired term.

Both President and Vice-President die, become permanently disabled, are impeached, or resign.

1. Senate President or

2. In case of his inability, the Speaker of the House shall act as President until the President or VP shall have been elected and qualified.

3) Vacancy in office of Vice-President during the term for which he was elected: a) President will nominate new VP from any member of either House of Congress. b) Nominee shall assume office upon confirmation by majority vote of ALL members

of both Houses, voting separately. (Nominee forfeits seat in Congress) 4) Election of President and Vice-President after vacancy during tem

a) Congress shall convene 3 days after the vacancy in the office of both the President and the VP, without need of a call. The convening of Congress cannot be suspended.

b) Within 7 days after convening, Congress shall enact a law calling for a special election to elect a President and a VP. The special election cannot be postponed.

c) The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law.

d) The 3 readings for the special law need not be held on separate days. e) The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election.

5) Temporary disability of the President:

The temporary inability of the President to discharge his duties may be raised in either of two ways:

a) By the President himself, when he sends a written declaration to the Senate President and the Speaker of the House. In this case, the Vice-President will be Acting President until the President transmits a written declaration to the contrary.

b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration.

(i) The VP will immediately be Acting President.

(ii) BUT: If the President transmits a written declaration that he is not disabled, he reassumes his position

(iii) If within 5 days after the President re-assumes his position, the majority of the Cabinet retransmits their written declaration, Congress shall decide the issue. In this event, Congress shall reconvene within 48 hours if it is not in session, without need of a call.

(iv) Within 10 days after Congress is required to assemble, or 12 days if Congress is not in session, a 2/3 majority of both Houses, voting separately, is needed to find the President temporarily disabled, in which case, the VP will be Acting President.

6) Presidential Illness:

a) If the President is seriously ill, the public must be informed thereof.

b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the President

Section 13. DISQUALIFICATIONS

SUBJECT SOURCE OF DISQUALIFICATION

President, Vice-President, Cabinet Members, Deputies or Assistants of Cabinet Members

Prohibited from:

1. Holding any office or employment during their tenure, UNLESS:

a. otherwise provided in the Constitution (e.g. VP can be appointed a Cabinet Member, Sec. of Justice sits on Judicial and Bar Council); or

b. the positions are ex-officio and they do not receive any salary or other emoluments therefor (e.g. Sec. of Finance is head of Monetary Board).

2. Practicing, directly or indirectly, any other profession during their tenure;

3. Participating in any business;

4. Being financially interested in any contract with, or in any franchise, or special privilege granted by the government or any subdivision, agency or instrumentality thereof, including GOCC's or their subsidiaries.

N.B. The rule on disqualifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. IX-B, Sec. 7.

Spouses and 4th _degree

relatives of the President (consanguinity or affinity)

Cannot be appointed during President’s tenure as: 1. Members of the Constitutional Commissions; 2. Office of the Ombudsman;

3. Department Secretaries; 4. Department under-secretaries;

5. Chairman or heads of bureaus or offices including GOCC’s and their subsidiaries.

N.B.

a. If the spouse, etc., was already in any of the above offices at the time before his/her spouse became President, he/she may continue in office. What is prohibited is appointment and reappointment, NOT continuation in office.

b. Spouses, etc., can be appointed to the judiciary and as ambassadors and consuls.

Sections 14-16. POWER TO APPOINT