Bill to ensure constitutional succession

September 15, 2009, 8:44pm

A bill that would enable the chief justice to assume the presidency in case of a total failure of election was pushed on Tuesday at the House of Representatives, supposedly to preclude a vacuum in government leadership in the event that an election failure scenario takes in 2010.

Bayan Muna Party-list Rep. Neri Colmenares called on his colleagues to immediately pass House Bill 6786, saying it would spare the country to the possibility of a leadership vacuum in case of complete election failure.

Colmenares noted that “the Constitution only envisions a stalement scenario and not a total failure of elections.”

Senator Juan Ponce Enrile has earlier raised the specter of a military takeover should a botched automated election next year result in a total failure of elections.

Colmenares explained that a failure of elections leaves no constitutionally guaranteed individual nor institution to act as caretaker while a new round of election is being scheduled. He said that the military can choose to appoint President Arroyo as the transition president, and give life to the proposal of National Security Adviser Norberto Gonzales for the establishment of a transition government.

To plug the loophole, Colmenares filed the bill. Under the bill, the chief justice would be declared as the interim president in case of a failure of elections at the national level.

The chief justice, Colmenares explained, would supervise the holding of a presidential election to be held within 90 days upon assuming the role of interim president. (Gabriel S. Mabutas)