‘Designated Survivor’ bill languishing in Senate    

Photo courtesy of Manila Bulletin
Photo courtesy of Manila Bulletin

BY GEROME DALIPE IV

ILOILO City – Vice President Sara Duterte confirmed she would not be attending the third State of the Nation Address (SONA) of President Ferdinand Marcos Jr. on July 22.

“No, I will not attend the SONA. I am appointing myself as the designated survivor,” Duterte said in an ambush interview at an event in Davao City. That was the first time Duterte had skipped such an event since assuming office.

The concept of a “designated survivor” involves appointing a member of the government to be kept in a secure, undisclosed location during events where top government officials are gathered such as the SONA. In the Philippines, the idea of a designated survivor was proposed by former senator Panfilo “Ping” Lacson in 2020.

The bill is based on a popular Netflix political thriller called “Designated Survivor”, which aims to ensure the country has a president in the case of a constitutional leadership crisis.

Senate Bill No. 982 (The Presidential Succession Act), or the Designated Survivor Bill, will ensure the presidency if constitutional successors become unavailable.

The bill proposes the appointment of a designated survivor from among the highest-ranking government officials to ensure that there is always someone capable of assuming the presidency if all other top officials are incapacitated during a major event.

Lacson filed the bill to avert a potential constitutional crisis and leadership vacuum, guaranteeing the continuity and stability of operations in government should be started immediately.

Presently, the 1987 Constitution provides guidelines on the line of succession.

In filing the bill, Lacson noted that “exceptional circumstances” such as terrorism illustrate the need to address the limitations of the 1987 Constitution’s current provision on the line of succession.

“Because of the failure of Congress to pass the necessary legislation in extending the line of succession beyond the Speaker of the House of Representatives, a constitutional crisis is possible if all four top elected officials, God forbid, die in one event such as the SONA due to a terrorist attack in the Batasang Pambansa, or any occasion where the President and all three officials in the line of constitutional succession are present,” Lacson said.

Presently, the line of presidential succession includes the Vice President, Senate President, and House Speaker, as provided for in the 1987 Constitution.

Lacson pointed out that under Art. VII, Sec. 7 of the 1987 Constitution, “Congress shall, by law, provide for how 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.”

He added Art. VII, Sec. 8 of the Constitution provides that “Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.”

“Needless to say, passing such legislation is not only constitutional. It is required under the 1987 Constitution,” Lacson pointed out.

Lacson’s bill also provides that in case of death or permanent disability of those specified in the Constitution, the following elected and appointed officers who are not under any disability to discharge the powers and duties of the Office of the President shall act as President in the following order:

* The most senior Senator, based on the length of service in the Senate;

* The most senior Representative based on the length of service in the House of Representatives;

* the member of the Cabinet designated by the President.

The bill further provides that before any public or private activity, event, or function with the attendance of the President, Vice President, and ranking officials, the President shall designate a member of the Cabinet to be sequestered in a secret and secure location.

The Acting President’s official actions regarding the day-to-day operation of the government shall remain effective unless revoked by the elected President within 90 days from his or her assumption or re-assumption of office.

Duterte’s strained relationship with her former running-mate, President Ferdinand Marcos, Jr., showed after she resigned as the Department of Education (DepEd) chief on June 19 without any reason.

Marcos Jr. and former president Rodrigo Duterte also traded accusations over substance misuse. On the other hand, First Lady Liza Araneta-Marcos did not mince words in admitting being hurt when the Vice President laughed after President Marcos was called “bangag” during the rally organized by Duterte supporters.

Former president Rodrigo Duterte and Marcos have even traded accusations of substance misuse.

On the other hand, First Lady Liza Araneta-Marcos has admitted that the vice president’s attendance at public rallies held by Duterte’s supporters against Marcos has strained their relationship./PN

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