Sunday, March 23, 2008 Speak Out: Constitutional provision on succession By Percival de la Torre
THIS is in reaction to your paper’s editorial titled “Protesters and dictators” (Sun.Star Cebu, March 11, 2008), in particular the following paragraphs:
Paragraph 6 – “Even more contentious is the matter of who will replace President Arroyo if she resigns or what setup will prevail in case Vice President Noli de Castro also quits.”
Paragraph 7 – “What would be obvious in such a setup is that there is no assurance people in the provinces will be given a say considering the attitude of some Metro Manila groups.”
With all due respect, the foregoing are nothing else than speculations that have overlooked an extant Constitution that the people ratified in a referendum 20 years ago to be the pillar of our existence as a nation.
Indeed, it would not be a problem if President Arroyo were to resign given that we have an elected vice president to take over as mandated in the Constitution and who, in turn, has the prerogative to choose a vice president from among the members of the Senate, thus ensuring continuous governance by the executive branch of government.
Likewise, there is no cause for apprehension if both Arroyo and de Castro were to resign.
In fact, I believe this could be the win-win solution to end the current political crisis that those agitating for a change have missed in their street demonstrations and protest rallies that in due time most likely will cause an economic downturn in terms of capital flight, flat investment, more unemployment, and rising prices.
Section 8 of Article VII of the Constitution provides that in case of the resignation of both the President and Vice President, the Senate President or, in case of his inability, the House Speaker shall then act as President until the President and Vice President shall have been elected and qualified.
Section 10 of the said Article further states that in the morning of the third day after the vacancy in the offices of the President and Vice President occurs, Congress shall convene and within seven days enact a law calling for a special election to elect a President and Vice President to be held not earlier than 45 days nor later than 60 days from the time of such call.
Needless to say, there is no question at all that the electorates from Batanes to Jolo and not some Metro Manila groups will have the say in the event Arroyo and de Castro, out of love for country, simultaneously give up their posts.
(Thanks for the letter. But that is precisely what the editorial noted: everybody has his/her opinion on what should happen in case President Arroyo and Vice President de Castro quits, the view of those using the constitutional provision cited being but one of these. Other groups, for example, prefer extralegal methods in choosing a successor. It is indeed a “contentious” issue.—Editor)
