A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
theChan Robles Virtual Law Library
This page features the full text of
Batas Pambansa Bilang 231
AN
ACT TO IMPLEMENT THE CONSTITUTIONAL PROVISIONS ON PRESIDENTIAL
SUCCESSION,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 231AN
ACT TO IMPLEMENT THE CONSTITUTIONAL PROVISIONS ON PRESIDENTIAL
SUCCESSION,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.chan
robles
virtual law library
chan
robles virtual law librarySection
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. chanrobles virtual law library
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. chanrobles virtual law library
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.chanrobles virtual law library
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. chanrobles virtual law library
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. chanrobles virtual law library
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. chanrobles virtual law library
The
position of President shall be deemed vacant upon the transmittal of
such
written declaration. chanrobles virtual law library
(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;chanrobles virtual law library
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. chanrobles virtual law library
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. chanrobles virtual law library
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. chanrobles virtual law library
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: chanrobles virtual law library
(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. chanrobles virtual law library
(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. chanrobles virtual law library
(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.chanrobles virtual law library
(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. chanrobles virtual law library
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.chanrobles virtual law library
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. chanrobles virtual law library
Sec.
14. Effectivity. — This
Act shall take effect upon its approval. chanrobles virtual law library
Approved:
September 11, 1982
Back
to Top - Back
to Main Index - Back
to Home
|