PHILIPPINE JURISPRUDENCE US SUPREME COURT JURISPRUDENCE

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MGA BATAS PAMBANSA

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BATAS PAMBANSA BLG. 882

AN ACT PRESCRIBING THE ORDER OF SUCCESSION TO THE OFFICE OF THE PRESIDENT IN CASE OF PERMANENT VACANCY OR IN THE EVENT OF TEMPORARY DISABILITY OF THE PRESIDENT

Section 1. In case of permanent disability, death, removal from office or resignation of the President, before the presidential election of 1987, the Speaker of the Batasang Pambansa shall act as President until a President and a Vice-President or either of them shall have been elected and shall have qualified. In case of death, permanent disability or resignation of the Speaker at the time this vacancy in the Office of the President occurs or subsequently thereafter, the Prime Minister shall act as President. However, should the Prime Minister fail or refuse for any cause whatsoever to assume or continue to act as President, the Deputy Prime Minister shall act as President. In case of his inability, the Speaker Pro Tempore, or if the Speaker Pro Tempore fails to assume office for any cause as provided herein, the Members of the Batasang Pambansa shall by a majority vote elect from among themselves a Member who shall act as President.

Any person who serves as Acting President under the foregoing provision shall be subject to the same restrictions of powers and disqualifications as the Speaker as provided for in Sec. 9, Article VII of the Constitution.

Sec. 2. If at the time fixed for the beginning of his term, the President-elect shall have died, the Vice-President-elect shall become President.

Sec. 3. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President shall have failed to qualify, then the Vice-President shall act as President until a President shall have qualified.

Sec. 4. When neither the President-elect nor the Vice-President-elect shall have been chosen or shall have qualified or both shall have died at the time fixed at the beginning of their terms, the Prime Minister shall act as President. In the event of the death, resignation or permanent disability of the Prime Minister to act as President, the line of succession shall be as follows: the Speaker, the Deputy Prime Minister and the Speaker Pro Tempore.

Sec. 5. In case of permanent disability, death, removal from office or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In the event of permanent disability, death, removal from office or resignation of both the President and the Vice-President, the order of the presidential succession shall be as follows: the Prime Minister, the Speaker, the Deputy Prime Minister, and the Speaker Pro Tempore. If the Speaker Pro Tempore fails to assume office for any cause as provided herein, the Batasang Pambansa shall convene immediately without need of a call, and the Members thereof shall, by a majority vote, elect from among the elected Members, one who is qualified to be President in accordance with Sec. 4, Article VII of the Constitution.

Sec. 6. In the event the President transmits to the Speaker of the Batasang Pambansa his written declaration that he is temporarily unable to discharge the powers and duties of his office, and until such time that the President transmits to the Speaker a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President. In the event the Vice-President shall not have been chosen and qualified, the Prime Minister, or in the case of the latter's inability, the Speaker, shall act as Acting President.

Sec. 7. All acts or parts of acts inconsistent with this Act are hereby repealed.

Sec. 8. This Act shall take effect upon its approval.

Approved: December 3, 1985.