The Meaning of Demurrage

Cite as: 26 Ateneo L.J. 25 (1981)
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The Meaning of Demurrage

Jose Claro S. Tesoro

26 Ateneo L.J. 25 (1981)

Subject(s):        Constitution

Keyword(s):     Separation of Powers, Government, Executive, Presidential Succession

In order to understand the meaning of a demurrage, it is first necessary to lay down the context in which it operates. A charterer is usually given a period by which to complete either the loading or the discharging of his cargo. Failure to complete such an undertaking within the prescribed time, which constitutes a delay, results in liability, the amount of which is known as a demurrage.

As a result of such division of powers, the Constitution vests solely in the President executive powers. As a necessary consequence of such vesting of power to no other individual than the President alone, the Constitution prescribes two sets of rules concerning presidential succession in order to bar any possible state of vacancy that may occur in the presidential seat.

This Note presents the historical evolution of the laws governing presidential succession and how they highlight the conflicting issues of the prevention of vacancy, on the one hand, and the maintenance of the principle of separation of powers, on the other. Subsequently, the Note will discuss, as the final and existing law on the matter, Republic Act No. 181, which vests in an official of the legislative department the power to act as President while maintaining his position as a legislative official.

In the end, the Author suggests that an amendment to such a law is in order.




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