^

Opinion

The mayor’s or president’s health as a political issue

WHAT MATTERS MOST - Atty. Josephus B. Jimenez - The Freeman

There is a movie in Netflix concerning a political drama in the White House, where all the members of the Cabinet meet in an emergency session, and declare that the president is in comatose and is unable to perform the official functions of the presidency. Such a declaration legally paves the way for the vice president to take over. The powers of head of state and head of government cannot be put on hold because the presidency symbolizes the sovereignty of the country. A hiatus may invite a coup d'etat; the military may take over to the great detriment and damage of the democratic institutions.

Under Section 11, Article VII of the Philippine Constitution, whenever the President of the Philippines transmits to the Senate President and to the Speaker of the House his written declaration that he is unable to discharge the powers and duties of his Office, the vice president should immediately assume as acting president, until the president recovers and informs the heads of the two houses of Congress of his recovery in the same manner. When the president is so sick that he is unable to give the said notice, the majority of all the members of the Cabinet may follow the same protocol of informing Congress. Then the vice president assumes the presidency in an acting capacity. That is why we need a vice president just like why and how we need a spare tire to prepare for an emergency.

In case both the president and the vice president die in the same accident, the Senate President is next in line. And when the latter also dies, the Speaker of the House is the fourth in line of succession. That is why these four top officials of the land are not allowed to ride in the same airplane to avoid an omnibus vacancy of all their offices. The Constitution mandates that Congress should pass a law to provide succession in case all of them die in the same accident, calamity or conflagration. But the order of precedence in matters of protocol, next to the Speaker is the Chief Justice then the Secretary of Foreign Affairs (the most senior among the Cabinet members), followed by the Executive Secretary, the Cabinet Secretary, and successively the secretaries of Finance, Justice, Agriculture, Public Works, Education, Labor, National Defense, Health, Trade and Industry and so on.

Whenever President Duterte goes out of the country, he usually designates the Executive Secretary to be in-charge. He does not allow the vice president to become acting president. All the other presidents did that, too, especially when the two did not belong to the same party. History tells us that when President Quezon died on August 1, 1944, Don Sergio Osmeña Sr., the loyal VP took his oath in the US. On April 17, 1948, vice president Elpidio Quirino took his oath immediately when President Roxas died of heart attack in Clark, Pampanga. On March 17, 1957, vice president Carlos Garcia was in Australia on official mission, and hurried back to Malacañang to take his oath, after president Magsaysay died in a plane crash here in Manunggal, Balamban, Cebu. On January 20, 2001, vice president GMA took his oath before Chief Justice Hilario Davide Jr.  when president Erap was deemed constructively resigned.

At the local level, Talisay Mayor Samsam Gullas allowed Vice Mayor Alan Bucao to act as mayor while he is sick with COVID. In the same manner, Mayor Edgar Labella allowed Vice Mayor Mike Rama to take over, albeit for days only, when he had ear infection or whatever undisclosed ailment. Then he resumed the mayorship on remote control allowing his subalterns and underlings to govern under his overall direction, prompting one lady councilor to comment that City Hall is ruled by ghosts or “ungo.” When the top two are not in conflict, succession is smooth. But when they are not in harmony, or have serious differences, trust is very difficult.

In case of death, however, the law is clear. When Mayor Marlon Garcia of Barili died, his vice mayor assumed office. When Ronda Mayor Nonie Blanco died, his vice mayor, Rocky Gabatan, took over. Gabatan just took over the vice mayor's office when former vice mayor John Ungab died.

No matter how they would hide it, the health of presidents, mayors and governors is always a political issue because it puts in question his level of trust in his vice. Trust is a political issue because a leader can never delegate without trust.

vuukle comment

POLITICAL

Philstar
x
  • Latest
Latest
Latest
abtest
Are you sure you want to log out?
X
Login

Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. With your meaningful insights, help shape the stories that can shape the country. Sign up now!

Get Updated:

Signup for the News Round now

FORGOT PASSWORD?
SIGN IN
or sign in with