In case of total failure of elections

MANILA - The House of Representatives may pass a bill that will empower 12 senators—whose terms will end in 2013—to elect among themselves the acting President in the event the 2010 automated polls result in total failure.

“They [12 senators] are the logical choice,” said House committee on revision of laws chair Isabela Rep. Giorgidi Aggabao, in a committee hearing on Wednesday.

As opposed to other officials, such as the Supreme Court chief justice, who could assume as acting President, Aggabao said senators “carry the mandate of the people.”  

However, he said nothing is final yet because they will still seek the views of Constitutional experts.

Aggabao said the committee is planning to invite former University College of Law dean Raul Pangalangan and constitutional law expert Fr. Joaquin Bernas of the Ateneo de Manila Law School in the next hearing on September 9.

The proposal to empower the senators to choose among themselves the acting president was made by Baguio City Rep. Mauricio Domogan.

House Bill 3194

Domogan wants to amend House Bill (HB) 3194 filed by Nueva Ecija Rep. Edno Joson. Two hearings on the bill have so far been held.

HB 3194 provides the manner in which an acting president shall be selected in case the president, vice-president, Senate president, and the speaker of the House of Representatives fail to qualify or is unable to assume and discharge the functions of the Office of the President under Article VII, Sections 7 and 8 of the 1987 Constitution.

The charter does not have a provision on who should be acting president in case of a total failure of elections.

Joson supported Domogan's suggestion.

Based on the 1987 Constitution, the vice-president, Senate president, and the House speaker constitute the line of succession on who will become President or acting President in case there is a vacuum in the presidency because of death or disqualification.

Congress has yet to comply with the Constitutional provision that Congress should enact a law on who shall act as President if all the mentioned officials are not available due to failure of elections. 

“Total failure of elections used to be a distinct possibility. Now, there is a strong possibility. There is a humongous problem on automation. By June 30, we cannot declare the winner for president and vice-president. We cannot declare the 12 senators. We cannot declare the entire members of the lower House. That is the problem,” said Aggabao.

Despite repeated assurances from the Commission on Elections (Comelec) that failure of elections is impossible, critics of the 2010 poll automation project are not convinced.

They have warned about the possibility that the poll automation machines would malfunction and lead to a total failure of elections.

Senate continuing body

Among the government institutions with elected officials, only the Senate is a continuing body. All 24 members are entitled to 6-year terms. Twelve senators end their terms every six years.

However, 12 senators do not constitute the quorum of 13 to be able to elect a Senate president.

“At least, you have 12 senators who are functioning even if no one is proclaimed. We can select from them. The remaining 12 senators shall convene and elect their temporary presiding officer for the purpose of choosing among themselves who will be acting president,” said Domogan, in defending his proposal.

To prevent a possibility that voting will result in a tie, Domogan said the temporary presiding officer will not have voting power.

There is still no counterpart bill in the Senate, but Aggabao said he hopes the growing concern about a total failure of elections would prompt the upper chamber to initiate a similar proposal.

Other scenarios

Total failure of elections is an extreme case that HB 3194 is trying to address. It also tries to address other possibilities such as partial failure of elections.

If no president, vice-president are proclaimed, as long as there is one senator who is proclaimed after the May 2010 polls, this will address the problem of having enough senators to constitute a quorum of 13. This will allow for the election of a Senate president who will serve as acting President.

There will also be no problem if only congressmen are proclaimed (but no president, vice-president, senators) after the May 2010 polls, provided that there are enough to constitute a quorum. They can then elect the House Speaker who will become acting President.

But in case both chambers don't have a quorum, the 12 remaining senators and the proclaimed congressmen could vote jointly to elect the acting President. In such a case, congressmen, since there are more members of the lower House, will have the upper hand in choosing the acting president.

Joson proposed that the Chief Justice would serve as acting President until Congress—the Senate or the House of Representatives—is able to choose among themselves who will replace the Chief Justice as acting President.

A resource speaker from the Integrated Bar of the Philippines, Rodolfo Urbiztondo, also stressed that the same qualifications for the presidential candidates must also be imposed on the acting President.