Section 8 of Article 7
Kay wala pa man president ug vice president, so deemed
In case of death, permanent disability, removal from office, or resignation
of the President, so permanent ang iyang pagkatanggal pag office, the Vice-
President shall become the President to serve the unexpired term. Sya
gyud ang mahimong President, the VP. In case of death, permanent
disability, removal from office, or resignation of both the President and
Vice-President, so wala na tay president, wala pud tay VP, the President of
the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall then act, so meaning acting president lang sya, as
President until the President or Vice-President shall have been elected and
qualified.
So in the meantime, naga act act sya as president, what should congress
do? Mag pasa silag balaod to conduct an election. To elect the President and
Vice-president, pero si speaker of the house and the senate president, as
the case maybe, it will never be president. They will only be acting
president. Anyway, what happens, patay sila tanan, the 2nd paragraph
says:
The Congress shall, by law, provide who shall serve as President in case of
death, permanent disability, or resignation of the Acting President.
So kinsa gani acting president? Si senate president or the speaker of the
house. So kung mag taichi, mamatay pud sya, in case of death, disability,
resignation of the acting president, who else kinsa pa gyud ang mga puli sa
iyaha. So dapat daw naay balaod. It should be pass by Congress. So, I think
you've read pending bill in the Congress, na kani, addressing this case. He
shall serve until the President or the Vice-President shall have been elected
and qualified, and be subject to the same restrictions of powers and
disqualifications as the Acting President. So, kato.
Section 9
Whenever there is a vacancy in the Office of the Vice-President, so meaning
buhi si president dili vacant ang office of the president, but the office of the
vice president is vacant, unsay example ani? Katong nahitabo kay GMA. She
was the vice president, na impeach si Estrada, so nag succeed sya so
nabakante ang office of the vice president. So, this provision applies.
Whenever there's vacancy in the office of the vice president during the
term for which he was elected, the President shall nominate a Vice-
President from among the Members of the Senate and the House of
Representatives who shall assume office upon confirmation by a majority
vote of all the Members of both Houses of the Congress, voting separately.
So kato, si Guingona iyang gi select and then gi confirm sya by both houses.
Section 10
The Congress shall, at ten o'clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, so wala
na noh, na vacant na ang duha ka offices, what do Congress do? Convene
in accordance with its rules without need of a call and within seven days,
enact a law calling for a special election to elect a President and a Vice-
President to be held not earlier than forty-five days nor later than sixty
days from the time of such call. In the meantime, si acting president sa ang
mag president. Magpasa sila ug balaod to [effect] this election. The bill
calling such special election shall be deemed certified, why? Who will
certify it, dba?
certified sya. What happens if deemed certified sya? Kung pwede sya ang
kadtong [training days ang separate days????] will maybe dispense, so
pwede syang mag [ang training days, in one day????(48:40)] under
paragraph 2, Section 26, Article V1 of this Constitution and shall become
law upon its approval on third reading by the Congress. Appropriations for
the special election shall be charged against any current appropriations
and shall be exempt from the requirements of paragraph 4, Section 25,
Article V1 of this Constitution. The convening of the Congress cannot be
suspended nor the special election postponed. However, pinaka last na
paragraph, No special election shall be called if the vacancy occurs within
eighteen months before the date of the next presidential election. So, kung
nahulog diri tong vacancy sa both office it would appear, based on this
provision, na dili nata mag pasa ug balaod. 18 months nalang, hutdon
nalang ni ni acting president. So, mao lang na sya ang limitation. If di sya
mahulog sa 18 months, there has to be an election. A law calling for this
special election.
What else? Unsa pa ang legislative power sa Congress? It also has the
power to revoke or extend the suspension or privilege of the Writ of
Habeas Corpus or the declaration of Martial Law which we already discuss
in Article, in previous cases and this can be found in Article 7 Section 18:
xxx The Congress, voting jointly, by a vote of at least a majority of all its
Members in regular or special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the President. Upon
the initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by
the Congress, if the invasion or rebellion shall persist and public safety
requires it. xxx What else? Naa puy power ang congress to approve
presidential amnesties, it's in Article 7 Section 19: (Under ni sya sa
executive department)
xxx He [referring to the president] shall also have the power to grant
amnesty with the concurrence of a majority of all the Members of the
Congress. xxx
So, kung mag discuss ta, this is a matter in the executive department. So,
didto ang atong extensive discussion. What is an amnesty? This amnesty is
a part the executive clemency, pardoning powers of the president. This
pardoning power of the president is discretionary and as a rule, cannot be
controlled by the legislature or reverse by the supreme court, or any court.
Unless, naay violation sa constitution. So, what is this amnesty? This
amnesty is a presidential pardon given to political offenses, and is granted
to a class or classes of people. It is not even required to be accepted by such
class of people. It requires the concurrence of congress, however, and it is
a public act. So, those are the characteristics of an amnesty. Mag discuss pa
ta ani in the executive department. So, unsa lang to sya, introductory. What
else? Congress also has the power to confirm a certain appointments. Diba
we discuss the creation of the Commission on Appointments previously
more on the cases on this body, when we go to the executive department.
But, when do you find these act, kani na provision, katong CA, Commission
on Appointments in Section 16 of Article 7:
The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, or officers of the armed
forces from the rank of colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution. xxx We will discuss
each of these categories of appointees when we go to Article 7. So, kelangan
ni sila i-confirm sa Commission on Appointment otherwise, void ang
ilahang appointment. xxx He shall also appoint all other officers of the
Government whose appointments are not otherwise provided for by law,
and those whom he may be authorized by law to appoint. The Congress
may, by law, vest the appointment of other officers lower in rank in the
President alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
What else? Unsa pa na mga appointments ang gina confirm sa Congress?
It's in Article 7 Section 9: Kadtong ganina, vacancy, notice of the vice
president, oh i-confirm pud nila kung kinsa ang gipili ni president from the
members of congress. Kelangan pa sya ug majority vote from both houses,
voting separately. So, in a way they are also confirming that appointment
by the president. Also, the very important power of Congress is the power
to concur in treaties, particularly the senate. And where do you find this
general provision in the Constitution? Article 7 Section 21:
No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.
So dapat, kung mu-enter ka into a treaty dapat i-concur sya but 2/3rds of
all of the members of the senate. In that case, 2/3rds of 24, how many is
that? 16 senators must concur with the treaty ratified by the president. Naa
pay special provision in so far as a specific activities are concern. Article 18
Section 25 deals with the entry of foreign military bases. And here, it is
provided that:
xxx foreign military bases, troops, or facilities shall not be allowed in the
Philippines [so that's the general rule] except under a treaty duly
concurred in by the Senate and, when the Congress so requires, ratified by
a majority of the votes cast by the people in a national referendum held for
that purpose, and recognized as a treaty by the other contracting State.
So, when we're talking about entry of foreign military bases, mu-agi pa
gyud sila aning treaty. So, in other words, the constitution does not, in so
far as executive agreements, international agreements are concern, walay
gina mandate ang constitution, except for this specific provision na dapat
kani na agreement should be a treaty but when we're talking about on
military bases, dapat sya in a treaty, okay?