Philippine Bar review · Question

Practice question: Power to Determine President’s Inability to Discharge Duties

Multiple Choice Hard

Practice question

A contested inability reaches Congress while it is already in session. Within ten days after receipt of the last written declaration, the House reaches the prescribed two-thirds vote for inability, but the Senate does not. Supporters combine the favorable votes numerically across both chambers and claim enough votes exist overall. Which conclusion best follows Section 11?
  1. The combined total controls because Congress always votes jointly
  2. The House vote alone establishes inability
  3. A simple Senate majority may replace the prescribed threshold
  4. Both Houses must separately reach the required vote; otherwise the President continues exercising the powers and duties
  5. The failed vote automatically creates a permanent vacancy

Legal references

  • 1987 Constitution, Article VII, Section 11: https://lawphil.net/consti/cons1987.html

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