In case of failure of national elections, a system of

interim succession is proposed

In case of a general failure of national elections, Bayan Muna party-list lawmakers
propose that the incumbent Chief Justice of the Supreme Court shall act as interim
President
!"he pro#isions of the Constitution do not contemplate a situation where there is a
general failure of the national elections,$ %eps &eri Colmenares and Carlos Isagani
'arate noted
"hey pointed out that !(ust like nature, power hates a #acuum, and, as in a natural
#acuum, once a power #acuum e)ists, a host of power-seeking forces will rush in to fill
the #oid$
Colmenares and 'arate, through *B +,-., ha#e initiated a proposed legislation
!providing for a system of interim succession for the position of President in the event that
there is failure of elections for the position of President and Vice-President and the Senate
and the House of Representatives have yet to elect their President and Speaker,
respectively, and for other purposes$
"he ./,0 Constitution pro#ides1 !When no President or Vice President shall have
been chosen or shall have qualified or hen both shall have died or become permanently
disabled, the President of the Senate or, in case of his inability, the Speaker of the House
of Representatives, shall act as President until a President or a Vice President shall have
been chosen and qualified$
"he lawmakers, howe#er, noted that the said pro#ision does not contemplate a
situation where there is a general failure of the national elections, citing possible
conditions of massi#e and national brownouts, or a debilitating and fatal #irus attack on or
widespread hacking of the automated election system, or a complete breakdown of the
automated national elections, there is that realistic possibility that no President, 2ice
President or member of Congress is elected in the upcoming automated elections
!3#en if the Senate is a continuing body, the twel#e remaining senators cannot elect
the President of the Senate as they no longer constitute the ma(ority of the members of the
Senate thereby creating a #acuum that could lead the country into a ma(or political crisis
and disorder is #ery likely to follow suit,$ the party-list lawmakers pointed out
4urthermore, they argued that the 5dministrati#e Code !cannot be the source of
guidance since it does not contemplate a grant of authority to the incumbent President to
rule the country in a holdo#er capacity$
NR # 3631
OCT. 26, 2014
*B +,-. pro#ides1 !"he Chief Justice, as Interim President, shall call for a special
election not later than three 6+7 months for the position of President, 2ice President,
Senators, and Congressmen after assuming the interim position "he Incumbent President
shall not be 8ualified to run for re-election in the said special elections$
9ikewise, the bill mandates that !!pon election and qualification of the President,
the chief "ustice, as #nterim President, shall relinquish the Presidency immediately after
the President and Vice-President shall have been sorn into office and revert to his
former position as chief "ustice unless his term have lapsed due to retirement$%
4urthermore, the bill pro#ides1 !#n the event that the term of the &hief "ustice
lapsed during his incumbency as #nterim President, he shall continue to serve as such
until a President and Vice-President shall have been sorn into office$%
"he lawmakers also added that under *B +,-., notwithstanding the date of his or
her assumption into office, the term of office of the President elected in the special
elections !shall be deemed to have started from the end of the term of the preceding
President and shall end at noon on the thirtieth day of "une, si' years thereafter, as
provided under Section (, )rticle V## of the *+,- &onstitution$ .hereafter, he or she shall
no longer be eligible to run for re-election$
*B +,-. has been referred to and under consideration by the *ouse Committee on
%e#ision of 9aws chaired by %ep Marlyn Primicias-5gabas 6:
th
;istrict, Pangasinan7
6+<7 dpt