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Mga Batas Pambansa : MGA BATAS PAMBANSA
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BATAS PAMBANSA BILANG. 231BATAS PAMBANSA BLG. 231 - AN ACT
TO IMPLEMENT THE CONSTITUTIONAL PROVISIONS ON PRESIDENTIAL SUCCESSION,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Section 1.
Exercise of presidential powers by the Executive Committee. — (1) If,
at the time fixed for the beginning of his term, the President-elect
shall have died or shall have failed to qualify or if the President
shall have 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 shall have been elected and qualified.
If the Batasang Pambansa withdraws its confidence in the Prime
Minister, the Speaker shall preside over the Executive
Committee.
(2) In case of permanent disability, death, removal
from office or resignation of the President, the Executive Committee,
headed by the Prime Minister, shall exercise the powers of the
President until a President shall have been elected and qualified.
Sec. 2. Exercise of presidential powers by the
Speaker. — In the absence of an Executive Committee, the Speaker of the
Batasang Pambansa shall act as President until a President shall have
been elected and qualified.
As used in this section, absence of an Executive Committee means that
said body has not been constituted; or if constituted, it is no longer
existing; or if existing, it cannot for any reason discharge its
functions.
Sec. 3. Batasang Pambansa to call special
election and to fix date thereof. — (1) In the event of death before
the beginning of his term or failure of the President-elect to qualify,
the Batasang Pambansa shall, within thirty days from the time the
vacancy occurs, call a special election to elect a President on a date
which shall not be earlier than forty-five days nor later than sixty
days from such call.
(2) If the permanent disability, death, removal from
office or resignation of the President occurs earlier than eighteen
(18) months before the expiration of his term, the Batasang Pambansa
shall, within thirty days from the time the vacancy occurs, call a
special election to elect a President on a date which shall not be
earlier than forty-five days nor later than sixty days from such
call.
Sec. 4. Convening of the Batasang Pambansa. — On
the third day after the vacancy occurs, the Batasang Pambansa shall
convene in accordance with its rules without need of a call to enact a
law providing for the holding of a special election in accordance with
Section three thereof.
Sec. 5. Policy during transition. — In the event
of vacancy in the office of President, the Batasang Pambansa, the
Executive Committee, and the Commission on Elections, in the exercise
of their respective functions, shall take the necessary steps to insure
the holding of an election for President.
Sec. 6. Permanent disability. — (1) If in his own
judgment the President has become incapacitated or suffers from actual
disability by reason of which he can no longer exercise the powers and
discharge the duties of his office, and such incapacity or disability
is permanent, the President may transmit simultaneously to the
Executive Committee through the Prime Minister, and the Batasang
Pambansa through the Speaker, a written declaration informing them of
such fact.
The position of President shall be deemed vacant upon the transmittal
of such written declaration.
(2) In the event the President has become
incapacitated as provided for in the preceding paragraph, and is unable
or unwilling to declare himself incapacitated or to transmit a written
declaration of such incapacity, such declaration and transmittal shall
be made upon a vote of at least three-fourths of all the members of the
Cabinet as constituted. The Office of the President and the Batasang
Pambansa shall be furnished immediately with official copies of such
declaration.
(3) In the event the President, being able to do so,
disagrees with the declaration of his incapacity by the Cabinet as
constituted, the Batasang Pambansa shall, upon a vote of two-thirds of
all its Members, declare his incapacity;
In subparagraph (2) hereof, the position of President shall be deemed
vacant upon the submission of the written declaration, and in
subparagraph (3) above, upon the vote by the Batasang Pambansa.
Sec. 7. Resignation of the President. — The
President shall submit his resignation to the Batasang Pambansa through
the Speaker, furnishing a copy to the Prime Minister as Chairman of the
Executive Committee. The resignation becomes immediately effective and
the position of President be deemed vacant from the time the Speaker
receives it.
Sec. 8. Removal by impeachment. — If a judgment
of conviction is rendered by the Batasang Pambansa in impeachment
proceedings against the President, the Speaker shall certify to the
entry of judgment, sending copies of the certification to the President
and the Prime Minister as Chairman of the Executive Committee. The
position of President shall be deemed vacant from the date and time of
such certification.
Sec. 9. Rules of the Executive Committee. — When
exercising the powers of President, unless otherwise provided in rules
adopted by it, the following rules shall be observed by the Executive
Committee:
(1) Except when the Batasang Pambansa has withdrawn
its confidence, when the Prime Minister cannot preside over the
meetings of the Executive Committee, the Deputy Prime Minister shall
preside over it.
(2) A majority of all the members of the Executive
Committee as constituted shall compose a quorum to do business. In the
absence of a quorum, the members present may compel the attendance of
absent members in such manner and under such penalties as the Executive
Committee may provide.
(3) The majority vote of all the members of the
Executive Committee as constituted shall be necessary for the approval
of any resolution, order or decision of the said body.
(4) The chairman or presiding officer, or any other
member upon express authority granted him by said body, shall sign all
orders, resolutions, decisions and other official papers of the
Executive Committee.
(5) In case of permanent disability, death or
resignation of the Prime Minister, the Deputy Prime Minister shall
exercise the powers of the Prime Minister until a Prime Minister shall
have been elected and qualified. If the disability occurs when the
Executive Committee is exercising the powers of the Presidency pursuant
to Section one above, the procedure prescribed by Section six above
shall apply with regard to the determination of the existence of
permanent disability of the Prime Minister.
Sec. 10. Conduct and supervision of election for
President. — The special or regular election for President shall be
conducted and supervised by the Commission on Elections and shall be
governed by the applicable provisions of subsisting election and other
pertinent laws.
Sec. 11. Appropriations. — The cost of any
special election to be held pursuant to a call by the Batasang Pambansa
under the provisions of this Act shall be funded out of such
appropriations as shall be provided in the law to be enacted under
Section four hereof.
Sec. 12. Separability clause. — If for any reason
any section or provision of this Act, or any portion thereof, or the
application of such section, provision or portion to any person, group
or circumstance is declared invalid or unconstitutional, the rest of
the provisions of this Act or the application of such provision to
other persons, groups or circumstances which are not affected by such
infirmity, shall remain in full force and effect.
Sec. 13. Repealing Clause. — Presidential Decree
Numbered One thousand five hundred and fourteen, dated June 11, 1978,
and other laws on presidential succession are hereby totally repealed.
Sec. 14. Effectivity. — This Act shall take
effect upon its approval.
Approved: September 11, 1982.
(P.B. No. 2445)
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