EXCLUSIVE
By Raïssa Robles
The House of Representatives lied when its officials said they had restored Vice President Leni Robredo as President Rodrigo Duterte’s successor during the transition to federalism.
They made it appear and they said so publicly that they had done that.
But in reality, the approved version they passed on Third Reading as Resolution of Both Houses No. 15 said no such thing.
In fact, the House version approved on Third Reading breeds MUCH UNCERTAINTY about what would happen during the transition period.
The old House version had totally excluded Robredo by stating that:
“In case a vacancy arises by reason of removal, resignation, permanent incapacity or death of the incumbent President, the incumbent Senate President shall act as President until a President shall have been chosen and qualified.”
The newly-approved version that the House of Representatives passed on Third Reading December 11 last week goes this way:
“In case a vacancy arises by reason of removal, resignation, permanent incapacity or death of the incumbent President, the incumbent Vice President shall act as President until a President shall have been chosen and qualified.”
Below is a screen-cap of part of the approved RBH No. 15 on page 72 showing this:
So what’s wrong with that, you might ask. Isn’t that restoring Robredo to the line of succession?
“NO.”
Because under the 1987 Constitution, the Vice President does not just act as President if anything happens to the President. The VP becomes THE President.
Section 8 of Article VII of the 1987 Constitution states:
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 disability, 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 use, therefore, of the phrase “act as President” in the case of the VP denotes that under the approved House federal charter, Robredo, the duly elected Vice-President, will only occupy the presidency for a temporary period should anything happen to Duterte during the transition.
How temporary, the section on Transitory Provisions does not say. It merely says “the incumbent Vice President shall act as President until a President shall have been chosen and qualified.”
Chosen by whom?
It doesn’t say.
Qualified by whom?
It doesn’t say.
When?
It doesn’t say
This is malicious mischief being foisted on the Filipino people by House Speaker Gloria Macapagal-Arroyo and all the congressmen who voted “YES” to this proposed federal charter.
A poisonous Christmas gift to the entire nation.
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Related Post
Gloria Arroyo is crudely and secretly ramming through a legal bid to stay in power forever
leona says
The Road Board, tasked to manage the road users’ tax or the motor vehicle user’s charge (MVUC) should just be ABOLISH. I do not know WHEN will I get my ‘new car Plates’ if this falls in this ‘user’s charge. I have paid for this for FOUR (4) Years and no Plates! Wacha ‘d matter?
Gentlemen and President D please JUST ABOLISH this white ELEPHANT thing.
http://cnnphilippines.com/news/2018/12/21/Duterte-keen-on-signing-Road-Board-abolition-bill-even-without-Arroyo-signature.html
:)
arc says
it looks like gloria arroyo vs dutete ang labas. signature na lang kuno ni arroyo ang kailangan upang matunaw ang road board na ‘to. habang si duterte mismo nagsabi (joke! joke?) he is for the complete abolition of corruption laden road board.
duterte to abolish road board in maybe, 4yrs from now? when his term expires! he, he, he.
now, po, hora mismo abolish the road board, not next month, not next year, etc.
hora mismo abolish it, freeze everything road board before arroyo and cohorts can plunder anymore billions. freeze it! stop road board from bleeding further, giving money transfusion to politicians in congress for election purposes.
I feel sorry for leona, paying for car plates that awol-ed and did not arrive. the money paid saan napunta? the millions and billions paid for by owners of motor vehicles sa buong bansa, saan napunta? considering the congestion of traffic, so many vehicles on the road and more coming, coluroms not included, the road board must be busting with money collected the past 4yrs! so much money, it’s flooding!
stop the flood!
arc says
uhm, alan purisima comes to mind, I dont know why. camp crame, 2015? the missing number plates of cars and motor vehicles, the printing machines that cannot print maybe because there is no printing machines! I don know how and why alan purisima, mirror, mirror on the wall . . . hic.
Dugong Filipino says
Looking in from outside the nation, hindi pa ba nagkasya kay Gloria Arroyo ang ninakaw niya galing sa kahon ng bayan? She is the most brutally corrupt person in government, second only to the dynasty that had attempted to resume power in order to plunder the country again. Our national anthem goes, “ne’er shall invaders trumple thy sacred shores” — this is not comforting. Our country is being raped and repeatedly trumpled upon by the corrupt and greedy characters from within its walls. The Vice President becomes President in the event something happens to impair the ability of the sitting President to govern. She is not supposed to temporary sit in until someone determines the next president is qualified and duly elected. The wording is set to allow Arroyo to take over. AGAIN — WITH THE INTENTION TO RUMMAGE AND MERCILESSLY DESTROY THE COUNTRY. ANG KAPAL NAMAN NG MUKHA NG MAGNANAKAW NA IYAN. SINO BA ANG NAGPALABAS NIYAN SA KULUNGAN? SANA PINABAYAAN NA LANG NA MAGSERVE SA SENTENCE NA HINATOL.
arc says
tama po, I agree with you, kulungan is the best place for plunderous and election cheater gloria arroyo. kaso, the current president duterte is her bff and syempre, pinalaya siya kaagad. the president’s daughter sara duterte is also arroyo’s ka-alyado, sides of the same coin tingling together. ah, the sound of money is music to their ears.
now, I understand po why amal clooney, george clooney’s human rights lawyer wife, did not take up arroyo case eventhough amal clooney had visitied arroyo in jail, I think, for a consultation yata.
anyhow, arroyo ensures she is relevant and current and surrounds herself with like minded allies, they got millions while arroyo got billions and between them, they pillaged the nation.
still, they need people’s votes to stay plunderously relevant, with access to treasury!
sana po, this coming election 2019, arroyo and her allies, the whole hugpong of them, the hugpong ng pagbabago, aptly called by some as hugpong ng mga ulupong (he, he, he, I dont know what ulupong is, bisaya ako, I have an idea though). hugpong ng pagbabago, hugpong ng pang-gagago more like.
when comes to corruption, gloria arroyo is best and brightest! he, he, he.
leona says
My reading and understanding of SEC. 4 of RBH No. 15: 1.) It mentions election of the next President and Vice President. 2.) It makes the Vice-President to act only AS President until a President shall have been chosen and qualified.
It does not provide ‘until a President shall have been elected and qualified.’ Under such a scenario contemplated a Vice President ‘acting’ as President can be removed in 6 months or shorter. By whom? By Congress. How to do it? Not by ‘election’ as it does NOT provide for such. The magic is here invisibly written by invisible ink.
Even if SEC. 4 mentions ‘election’ on its first clause, it closes for operation in the next clause when the Vice-President only acts as President until a President shall have been chosen and qualified by ANY OTHER MEANS not including ‘by election.’
Not even any incumbent Senate President will last long to act as President under such scenario contemplated in the 2nd clause of SEC. 4 because the clause is OPEN to cut short an ‘acting’ President by any METHOD except by ELECTING a President.
In short, SEC. 4’s 2nd clause is to CLOSE anyone being elected President until Gloria Arroyo is elected again as President. She has never been sick at all and will outlive Pres. Duterte regime and kick out VP Robredo immediately acting as President during the transition period. This is her honest [ for once ] belief as blindly supported by her followers.
This one innovative magical federalism Revised By Hell – RBH No. 15 of the Lower House.
A poisonous Christmas gift to the entire nation. A Hemlock flower plant in the carrot family! A deadly Cyanide! MAKAMANDAG!
raissa says
Thank you for exploring this further, Leona.
arc says
frogmatic, ah, pragmatic pala. in the 80’s gloria arroyo was once said to be too pragmatic and now in the last days of 2018, uulitin ko po ang nasabing much too pragmatic si gloria arroyo, pragmatic as in meddlesome. busy, busy, busy plotting siya, both kingmaker and king. dadaigin yata si digong, she too is surrounded by like minded cronies, just as economically and politically ruthless.
methink, ang weakness ni digong is that he cannot seem to understand economics and dependent mostly siya on what best and brightest diokno wants him to believe. apparently, duterte has no way of checking how accurate diokno’s economic huha-huha, maybe too lazy at hazy si duterte and cannot go into details, his marijuana addled mind not up to it. gloria arroyo on the other hand and with her degree in economics, has diokno down to a T.
tama po si leona, it’s gloria arroyo on the ascendance, busy, busy, busy plotting and charter change is arroyo’s battering ram. and I think, con com is her plan B. this frogmatic, ah, sorry, pragmatic from pampanga has got all angles covered. and with charter change, gloria arroyo will get to be president yet again.
god, spare the nation!
and like raissa, I too, am thankful for leona’s legal insight.
Kalahari says
Ateneo presidents hit lawmakers for “railroading” Charter Change process
The presidents of the 5 Ateneo universities across the country slammed members of the House of Representatives for “railroading” moves to amend the Constitution, and urged them to consult all sectors “to establish credibility and trust” in the Charter Change process
In a statement on Monday, December 17, Ateneo presidents hit lawmakers for passing on 3rd and final reading the resolution that seeks to shift the Philippines to a federal system of government where “the process of deliberation has been undermined and hijack.”
“Amidst the backdrop of allegations of pork barrel spending in the proposed 2019 budget the Lower House of Congress passed Resolution of Both Houses Number 15 on 3rd and final reading, pushing what many see as Charter Change as being railroaded”
“We urge the administration to undertake instead a wider and more consultative discussion on constitutional reform. Only by undergoing a genuine and participatory national dialogue will Filipinos attain a level of consciousness where they can properly decide whether to change the charter or not.”
The statement was signed by Fr Karel San Juan SJ of Ateneo de Zamboanga University; Fr Joel Tabora SJ, Ateneo de Davao University; Fr Jose Ramon Villarin SJ, Ateneo de Manila University; Fr Robert Rivera SJ, Ateneo de Naga University; and Fr Roberto Yap SJ, Xavier University – Ateneo de Cagayan
http://feedproxy.google.com/rappler/news/3/6S-ylz18XiU/219116-ateneo-presidents-hit-lawmakers-hijacking-charter-change
arc says
the charter changers, the porkers and the insertionists in congress are in such a mad rush to push their own sick agenda, thier bad politics spilling over, their pockets must be getting itchier and itchier, so close to the deal na. their bank accounts soon to be made full and bursting, their stay on power forever and ever.
this charter change they’re proposing is very bad kind of change, a malicious and vexatious piece work. so let’s stay put, let us have no change. no handshakes, sounding slap instead to each of their faces! he, he, he, that should shake them up.
charter changers want the okay and cooperation of whole sambayanan, want a pat on their backs, and yet, took out sambayanan’s procedural participation, giving sambayan a one and only ready made menu to choose from. I say, rip the menu! rip the charter change they’re proposing. and burn it!
the charter change cooked up and made in congress is very demeaning and meant only for idiots, he, he, he.
the whole sambayanan deserve better, no to charter change!
netty says
I have to quote even not accurately this message of Maria Ressa but this should always be the mantra of every Filipino who loves his country. Why can we applaud the Ms Universe win; why can’t “we” unite to have the power and cheers back to our gloomy country where children and the poor are oppressed by deceit and lies? Kick out those who don’t deserve to be in power, they are just garbage toxic human beings. You , we, us, can do it.
Being quiet and co-opting with bad governance is co-opting with its abuses of power. Maria Resa, Journalist, TIME PERSON OF THE YEAR.
Keep on writing and bringing forth your light, Raissa and Maria Ressa. Someone is watching and listening, once the collective wishes are unified , blessings of good change not only spare change to come.Godspeed!
raissa says
Thank you, Netty.
arc says
uhm, it’s like acting chief justice carpio, acting lang siya, never the chief justice and expandable. and was indeed given the boot, the flick, at napaalis si carpio sa high chair, so back to his old chair na lang po si carpio at associate justice uli. bersamin who was not acting chief justice, was appointed and duly become the sworn chief justice, much to carpio’s chagrin, he, he, he.
so if leni is going to be acting president only, she is just warming up the presidency for someone and can be given the flick, the boot and mapaalis maybe within a few minutes of her being acting president.
okay, I got it, raissa, sorry for being slow.
arc says
uy, ang charter change ni gloria arroyo is a nasty piece of turd! gloria arroyo is launching herself to higher and loftier position, her son mikey is waiting on the wing, ready to spring at an appropriate time.
please, taumbayan, give gloria arroyo the flick, the boot, at ibasura ang charter change niya. there is already enough change going on in our country, without gloria arroyo’s charter change adding more changed uncertainties, burdening our already burdened population.
put a halt of change po, stop charter change, so many changes going on already, charter or whatever.
arc says
ahem, charter change will only serve to give gloria arroyo the height she lacked. the lofty heights of power to compensate for her lack of stature, pandak wants to be taller than all the rest, ahem. people will be looking up to her instead of down, cranking their necks up and in awe of her.
ah, the ego of dwarves, he, he, he, is beyong equal.
raissa says
:)
Rolly says
illegitimate ang pagtanggal kay Chief Justice Sereno. Someone who seeks that vacated position would be forevermore tainted with greed and selfishness. My respect and admiration to Justice Carpio has dramatically diminished if not completely gone.
leona says
Sorry to ask the Moderator but I blogged something on this but it never came out.
I said that the House version is a TRICK, maybe or not, to the version of that by the Con-Com which is just as not acceptable [ for me & others ].
– as if to say: If you do not like the House version, it is okay with that of Con-Com.
Both versions are not good for the country. There should be no such changes of the 1987 Constitution unless made by a constitutional convention by elected DELEGATES.
We, the people, want it that way to participate in it.
raissa says
Hi Leona,
I’m sorry for that.
I can’t find it.
Pls repost.
Raissa
leona says
It’s alright Raissa ma’m. It was also about making ‘amendments’ to the constitution by elected delegates.
leona.
arc says
netty’s why cant we unite . . . it’s difficult for me to unite po with those that want to snuff out my existence. I cannot give up my principles for the sake of being peaceful with them. they take no prisoner, no collateral, and bulldoze the lot. methink, my idea of unity may not be their idea of unity. may kahalong subjugation ang unity nila. looks like me being less powerful, poorer and disadvantaged, would have to do most of the giving and the accommodating until the only thing left for me to give is my life.
sorry, no can do. I want what is just and equal, not just unity. all understands the role all has to play in order for us all to live peacefully in the community. the social mores and standards we all have to keep and uphold just so our society is conducive to living, the environment health and not toxic.
these days, the bad are so stocked and united against the good. the bad has the upper hand pa, hugely supported and encouraged by the govt. I cannot just turn over and I dont think they would too.
I prefer we stick and adhere to our laws prescribed by those before us. stick to the laws and not be above the law, creating unwarranted charter change just because it suit their purpose.
the idea of being united is nice, but.