Credits: ABS-CBN News
Vice President Sara Duterte is the constitutional successor to the President, needing no further appointment, clarified former Senator Panfilo Lacson and retired Supreme Court Associate Justice Adolfo Sevilla Azcuna.
Lacson addressed Duterte’s recent comments in his blog, where she stated she would appoint herself as the “designated survivor” by not attending President Ferdinand Marcos, Jr.’s 3rd State of the Nation Address (SONA) in two weeks. Lacson dismissed this as mere rhetoric but acknowledged it as a compelling soundbite.
“This is a rhetorical statement but a good soundbite nevertheless. She is the constitutional successor to the President, not needing an appointment as the designated survivor, which by the way is still a pending legislative measure in Congress,” Lacson said.
Azcuna, a framer of the 1987 Constitution, supported Duterte’s decision to stay away from the SONA. He noted that her absence is aligned with her constitutional role.
“The Vice President doesn’t have to be there. Wala naman siyang role doon eh kaya tama yung ginagawa niya na she will not stay there so that if something happens to them, mayroon pa tayong presidente,” Azcuna said.
Section 8, Article 7 of the 1987 Constitution outlines the presidential line of succession. Following the Vice President, the Senate President and Speaker of the House are next in line.
“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. 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,” the Constitution states.
However, the Constitution does not address who would be in charge if all four leaders were incapacitated. It mandates Congress to legislate a solution.
“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,” it says.
Lacson pointed out that past congresses have not enacted such a law, and there is no current legislative effort to address this issue.
While the Philippines lacks such a provision, the United States has a similar law, which served as the premise for the Netflix show “Designated Survivor” starring Kiefer Sutherland. In the show, Sutherland portrays a Cabinet member designated to skip the President’s State of the Union Address to ensure someone remains in charge if the entire government is wiped out in an attack. Sutherland’s character becomes president after a terrorist attack on the US Congress during the speech.
The concept also inspired a South Korean remake with a similar premise.