Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A majority of all Cabinet members first transmits a proper inability declaration. The President later sends the prescribed declaration that no inability exists. Within five days, the same required Cabinet majority transmits another proper declaration of continuing inability. Congress is in recess. An adviser says the Vice-President may settle the dispute personally and Congress may wait for its next regular session. Which is correct?
  1. The adviser is right because the Vice-President has final authority
  2. The Cabinet may permanently remove the President without Congress
  3. Congress must decide the contested issue and, if not in session, convene within forty-eight hours without need of a call
  4. The Supreme Court must automatically act as President
  5. A new presidential election must occur within five days

Legal references

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

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