Philippine Bar review · Question

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

Multiple Choice Hard Jurisprudence

Practice question

Congress timely considers a properly contested inability. The stipulated votes do not establish the constitutionally required two-thirds in both Houses voting separately. The Vice-President nevertheless claims permanent succession solely because the Cabinet once declared inability. No death, resignation, removal or permanent disability is established. Which is correct?
  1. A Cabinet declaration automatically removes the President permanently.
  2. Without the required congressional determination, Section 11 provides that the President continues exercising the powers and duties; the declaration alone is not permanent succession.
  3. The Speaker must automatically become President permanently.
  4. The Cabinet may disregard the constitutional voting result.
  5. The presidency becomes vacant whenever a minister disagrees.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 11.

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