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Philippine Bar review · Question

Practice question: Rules on Succession

Multiple Choice Hard

Practice question

A President dies three years before the next presidential election. The incumbent Vice-President becomes President. The new President nominates a Senator to fill the resulting vice-presidential vacancy. A joint sitting yields an overall majority, but fewer than a majority of all Senators support the nominee. The House has the required majority. Has the nominee obtained the required confirmation?
  1. Yes, because only the combined total matters.
  2. Yes, because the President may dispense with Senate confirmation.
  3. Yes, because a Senator needs only House approval.
  4. No, because every legislator must vote unanimously.
  5. No, because a majority of all Members of each House, voting separately, is required.

Legal references

  • 1987 Constitution, Article VII Sections 8 and 9: https://lawphil.net/consti/cons1987.html

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