When the president suffers from physical or mental incapacity to perform his duties, what does Article VII (Executive) of the 1987 Constitution command? –
(1) If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice President-elect shall become President. (Sec. 7, Art. VII).
(2) Where both the president and the vice president 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. (Id.).
(3) The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph. (Id.).
(4) In case of “death, permanent disability, removal from office, or resignation of the President”, the Vice-President shall become the President to serve the unexpired term. (Sec. 8, Art. VII).
(5) In case of “death, permanent disability, removal from office, or resignation of both the President and Vice-President”, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified. (Id.).
(6) The Congress shall, by law, provide who shall serve as President in case of “death, permanent disability, or resignation of the Acting President”. 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. (Id.).
(7) Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his “written declaration that he is unable to discharge the powers and duties of his office”, and until he transmits to them a written declaration to the contrary, such powers and duties shall be “discharged by the Vice-President as Acting President”. (Sec. 11, Art. VII).
(8) Whenever a “majority of all the Members of the Cabinet” transmit to the President of the Senate and to the Speaker of the House of Representatives their “written declaration that the President is unable to discharge the powers and duties of his office”, the Vice-President shall immediately assume the powers and duties of the office “as Acting President”. (Id.).
(9) Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his “written declaration that no inability exists”, he shall “reassume the powers and duties of his office”. (Id.).
(10) Meanwhile, should a “majority of all the Members of the Cabinet” transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, “their written declaration that the President is unable to discharge the powers and duties of his office”, the Congress “shall decide the issue”. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call. (Id.).
(11) If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is “unable to discharge the powers and duties of his office”, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office. (Id.).
(12) In case of “serious illness of the President”, the “public shall be informed” of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, “shall not be denied access to the President during such illness”. (Sec. 12, Art. VII).
Atty. Manuel Laserna Jr.
