Executive Department

1. Sec. 10—12
Article VII
Prepared by:
FRIAS, JOJIE A.

2. Executive Department
The Congress shall, at ten o’clock in the morning of the third 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 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.
Section 10

3. Election of President and Vice-President after vacancy: Procedure
1. Congress shall convene 3 days after the vacancy in the offices of both the President and the VP,
without need of a call. The convening of Congress cannot be suspended.
2. Within 7 days after convening, Congress shall enact a law calling for a special election to elect a
President and a VP. The special election cannot be postponed.
3. The requirement of three readings on separate days under Sec. 26(2), Art VI shall not apply to a bill
calling for a special election. The law shall be deemed enacted upon its approval on third reading.
4. The special election shall be held within 45-60 days from the time of the enactment of the law.
Limitation: No special election shall be called if the vacancy occurs within 18 months before the date of
the next presidential election
Section 10
Vacancy in the Offices of both the President and Vice-President

4. Executive Department
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.
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.
Section 11

5. Executive Department
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 President; otherwise, the President
shall continue exercising the powers and duties of his office.
Section 11

6. It may be raised:
1. By the President himself, when he sends a written declaration to the Senate
President and the Speaker of the House. In this case, the Vice-President will be
Acting President until the President transmits a written declaration to the
contrary.
2. When a majority of all Cabinet members transmit to the Senate President and the
Speaker of the House their written declaration. The VP will immediately assume
the powers and duties of the office as Acting President
In the event of disagreement between the President and the Cabinet, by a finding of
Congress by 2/3 vote that the President is disabled.
Section 11
Temporary Disability of the President to discharge his duties

7. Scenarios After Disability is Relayed in the Congress:
1. If the President transmits a written declaration that he is not disabled, he
reassumes his position.
2. If within 5 days after the President re-assumes his position, the majority of the
Cabinet transmits their written declaration to the contrary, Congress shall decide
the issue. In this event, Congress shall convene within 48 hours if it is not in
session, without heed of a call
3. Within 10 days after Congress is required to assemble, or 12 days if Congress is
not in session, a 2/3 majority of both Houses, voting separately, is needed to find
the President temporarily disabled, in which case, the VP will be Acting
President.
Section 11

8. The petitioner questioned the respondent’s right to succeed him as President. He alleged
that he left Malacañang only to defuse the tension building up among the demonstrators at Edsa who
were then demanding his resignation. The petitioner denied that he had resigned and said he had
every intention to return after the disturbances shall have ended but was prevented from doing so.
RULING:
“Congress has the ultimate authority under the Constitution to determine whether the President is
incapable of performing his functions.” Both houses of Congress have recognized respondent Arroyo as the
President. Despite receipt of the letter from the President that he is merely “on leave”, the House of
Representative passed a resolution expressing support into assumption into office by then VP Arroyo as
President.
Implicitly clear in that recognition is the premise that the inability of petitioner Estrada is no longer
temporary. Congress has clearly rejected petitioner’s claim of inability. Even if petitioner can prove that he did
not resign, still, he cannot successfully claim that he is a President on leave on the ground that he is merely
unable to govern temporarily. That claim has been laid to rest by Congress and the decision that respondent
Arroyo is the de jure President made by a co-equal branch of government cannot be reviewed by the Supreme
Court.
Section 11
Estrada vs Gloria Macapagal Arroyo
G.R. No. 146738 March 2, 2001

9. Executive Department
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.
Section 12

10. General Rules:
If the President is seriously ill, the public must be informed thereof.
During such illness, the following shall not be denied access to the
President:
(a) National Security Adviser
(b) Secretary of Foreign Affairs
(c) Chief of Staff of the AFP
Section 12
Presidential Illness

11. • Petitioner alleged that the President has been absent from several arrangements due to health reasons and
also had prolonged absences from public view. He averred that the president looked incoherent during the
COVID-19 live press conferences on March 12, 2020.
• In response to his request, the Malacanang Records Office (MRO) sent to him an electronic mail dated March
13, 2020 stating that it is unable to provide the information requested. MRO explained that the records
requested are neither on file not in its possession and that it shall accommodate petitioner’s request as soon as
the requested information becomes available for release.
• Petitioner allegedly failed to get a response from the MRO despite follow-ups
Issue:
Whether or not the petition filed is within the ambit of Section 12, Article Vll
Section 12
De Leon vs Duterte
G.R. No. 252118 May 8, 2020

12. Ruling:
The petitioner failed to establish the existence of a clear legal right that was violated.
The alleged claims are merely based on what he perceived from the online news articles discussing the
President's illnesses. Worse, these news articles are, as the Court has consistently ruled, characterized as "hearsay
evidence, twice removed, and are thus without any probative value, unless offered for a purpose other than
proving the truth of the matter asserted.
` The Court also deems it proper to emphasize that in the recent months, the President has been visibly holding
regular cabinet meetings, belying petitioner's insinuation that the President is suffering from serious illnesses.
Further, the President's regular televised addresses to the nation as regards the government's response to the
COVlD-19 pandemic show that the President has been actively performing his official duties. Apparently,
petitioner's allegation that the President is seriously ill is unsubstantiated and is based merely on petitioner's
surmises and conjectures regarding his perception of the declining health of the President.
Section 12
De Leon vs Duterte
G.R. No. 252118 May 8, 2020

13. LEONEN, J. (dissenting)
The president should maintain fealty to the people he represents. The
Constitution, in my view, requires that upon demand and, even on his own, respondent
should publish a regular and official medical bulletin from doctors of his own choice.
Anything should of this violates the constitutional proscription against the right of the
people to matters of public concern. It is suggestive of obfuscation and an intent to hide the
true state of his health.
“In my view, the publication of a regular and official medical bulletin pertaining to
the health of the Chief of Executive, who is also the Commander-in-Chief and the
Head of the State, especially during a period of national emergency, is of such
negligible burden for a President who run under a platform of persistent and
courageous transparency .”
Section 12
De Leon vs Duterte
G.R. No. 252118 May 8, 2020

14. CAGUIOA, J. (dissenting)
Sec 12, Article VII of the Constitution is a self-executing provision and needs
no implementing action from the Legislature. I t cannot be superseded, as
intimated by some members of the majority, by supposed contrary
provisions in the Data Privacy Act, and its allied issuances.
Sec 12, Article VII is a positive duty on the part of the Office of the President
to inform the public of the state of the President’s health in case of serious
illness. The OP is tasked with the initial determination of whether the state of
facts warrant disclosure and is afforded the latitude for discretion only as to
the manner of disclosure, while it is the Court that has the power and duty to
construe what a “serious illness” is that triggers Section 12.
Section 12
De Leon vs Duterte
G.R. No. 252118 May 8, 2020