7. Power to Call Special Election for President/Vice President

What if the Senate President and Speaker are also not capable to act as President?

Vacancy before the term: If neither a President nor a Vice-President has been chosen or qualified at the beginning of the term, the Senate President—or, if unable, the Speaker of the House—shall act as President until a President or Vice-President has been chosen and qualified. Congress shall, by law, provide for an acting President if those officials cannot act.

Vacancy during the term: If both offices become vacant and the Senate President and Speaker of the House cannot act, Congress shall, by law, provide for an acting President until a President or Vice-President is elected and qualified. A special election shall be called under Article VII, Section 10 only if the vacancy occurs more than 18 months before the next presidential election.

Special (Requisites)

• Death, Permanent disability, removal from office or resignation of both President and Vice-President
• Vacancies occur more than 18 months before the next regular presidential election; and
• A law passed by Congress 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 (PHIL. CONST., art VII, § 10)

Temporary or Permanent Vacancy in the Presidency before the Term

Permanent vacancy occurs when:

• The President dies; or
• The President is permanently incapacitated.

Effect of permanent incapacity: Order of succession in Section 7, Article VII is followed.

No hold-over capacity for the President.

Hold-over capacity - official remains in office until a successor shall have been elected and qualified to preserve continuity in the transaction of official business and prevent a hiatus in government pending the assumption of a successor into office.

Note: Where there is a constitutional limit to the term of office in question, hold-over is not allowed. But where there is no limit to the term of office expressly provided in the Constitution, such hold-over is permitted [Abas Kida v. Senate, G.R. No. 196271 (2011)].

SECTION 7 (2)-(6), ARTICLE VII. If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the VicePresident-elect shall act as President until a president shall have been chosen and qualified.

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.

Where no President and Vice-President shall have been chosen or shall have qualified, or where 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.

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.

SECTION 10, ARTICLE VII. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and VicePresident occurs, 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. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI 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 VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

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Constitutional Duty of Congress in Case of Vacancy in the Offices of the President and the Vice-President

SECTION 10, ARTICLE VII. The Congress shall, at 10AM of the 3rd day after the vacancy in the offices of the President and Vice-President occurs:

• 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 VicePresident to be held not earlier than forty-five days nor later than sixty days from the time of such call.

The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI 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 VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

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