8. Power to Determine President’s Inability to Discharge Duties

Who shall act as President

Other Cases (NOT out of all members)

Sessions (PHIL. CONST., art. VI, § 15.)

• Regular sessions - Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law). It continues in session for as long as it may determine, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays.
• Special Sessions - The President may call a special session at any time.

Temporary Vacancy in the Presidency during the Term

A temporary vacancy in the Presidency arising from his disability can occur in any of the following ways:

• Voluntary written declaration of the President
• First written declaration by majority of the Cabinet
• Determination by Congress by 2/3 vote of all members, voting separately, acting on the second written declaration by majority of the Cabinet

In all these cases, the Vice-President assumes the powers and duties of the office as Acting President.

Section 11, Article VII

• Voluntary written declaration of the President 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
• First written declaration by majority of the Cabinet

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.

• Determination by Congress by 2/3 vote of all members, voting separately, acting on the second written declaration by majority of the Cabinet

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. 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.

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 the President; otherwise, the President shall continue exercising the powers and duties of his office.