The House Committee on Revision of Laws Wednesday approved in principle the bill appointing the “most senior” among the 12 senators – whose terms will end in 2013 –as acting President in the event the 2010 automated elections result in a failure.

The most senior refers to the senator who garnered the highest number of votes in the last senatorial elections, according to the revised version of House Bill (HB) 3194 filed by Nueva Ecija Rep. Edno Joson.

Based on official results of the 2007 elections, Sen. Loren Legarda topped the senatorial race with 18,069,466 votes.

Legarda is one of two senators being considered to be the standard bearer of the Nationalist People’s Coalition (NPC) for the 2010 presidential elections. The other is Sen. Francis “Chiz” Escudero, who ranked second during the 2007 senatorial elections with 17,858,416 votes.

The original proposal was to let the 12 senators whose terms of office expires on June 30, 2013 to choose among themselves the interim President, but committee members said this may not work considering that four of these senators are possible presidential candidates.

These senators aspiring to become president may not be able to choose an acting President in case of a total failure of elections, the committee members pointed out.

Aside from Legarda and Escudero, the two other “presidentiables” elected to the Senate in 2007 are Senators Manuel “Manny” Villar Jr. and Benigno “Noynoy” Aquino III, who ranked fourth and sixth, respectively.

Other senators in the line of succession are Panfilo Lacson (who was No. 3), Francis Pangilinan (No. 5), Edgardo Angara (No. 7), Alan Peter Cayetano (No. 8), Joker Arroyo (No. 9), Gregorio Honasan (No. 10), Antonio Trillanes IV (No. 11), and Juan Miguel Zubiri (No. 12).

Also under the approved bill, the Chief Justice or the most senior member of the Supreme Court can also become an acting President should none of the 12 senators is available to assume the post.

The acting President would supervise the holding of a presidential election to be held within 60 days upon assuming the role of interim leader.

Isabela Rep. Giorgidi Aggabao, chairman of the House Committee on Revision of Laws, said the 12 senators are the logical choice since they “carry the mandate of the people.” Aggabao is a member of the NPC.

Congressmen Teodoro “Teddyboy” Locsin of Makati City and Roilo Golez of Parañaque City wanted the Chief Justice to act as caretaker of the government in case of a failure of elections at the national level, but this was opposed by Joson and Cagayan de Oro City Rep. Rufus Rodriguez.

Rodriguez pointed out that appointing the Chief Justice as acting President would be unconstitutional, citing the doctrine of separation of powers among the three branches of government. He said the Judiciary cannot interfere with the powers of the Executive and the Legislative.

Locsin, however, said the designation of the Chief Justice as interim President is “not unconstitutional on its face.” He said that if the 2010 elections fail, the only power left is that of the Judiciary because both the Executive and the Legislative are virtually non-existent.

“Even functionally the senators just hang around while the Supreme Court justices do not hang around, they stay,” Locsin pointed out.

After much discussion, Joson and Locsin agreed on a compromise that if none of the senators qualify to become acting President, the Chief Justice will come in.

And in case there is no Chief Justice at the time – considering that Chief Justice Reynato Puno is scheduled to retire in May next year and President Arroyo is barred from appointing his replacement as it will happen two months before the assumption into office of the next President – the most senior Associate Justice will have to be in the line of succession.