Who Acts as President in Case of his Temporary Incapacity or Disability?

Cite as: 28 ATENEO L.J. 93 (1983)
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This short Article aims to answer the query as to who shall act as the President in case he suffers temporary disability or incapacity. Owing to the Constitution’s silence about this, in particular, Section 7 of Article VII of the 1973 Constitution, the Author explores the possible scenarios in such an event. It is to be noted that said provision deals solely with presidential succession where permanent vacancy occurs after a President-elect has qualified. Whether the Batasang Pambansa can designate the Prime Minister, the Speaker, or any member of the Executive Committee as acting president, has been decided similarly by the Supreme Court in Vargas v. Rilloraza, and the verdict is no. The Author thus submits that the logical recourse is for the Batasang Pambansa, in the exercise of its constituent power, to propose an amendment on the matter.

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