On care taker gov't based on Constitution

source: www.snap08.blogs.com

(More than 2,600 concerned citizens have already signed up calling for President Arroyo to resign. One of the basis of their agenda was in accordance with the 1987 Philippine Constitution read on.)

One option is to conduct a presidential special election next year on in 2008 as provided for under the Constitution. If this fails, PGMA and her vice-president will have the luxury of finishing their term until 2010. This means two more years of governance that cannot but bring to our country dishonor, destitution and ruin.

Under the Constitution, no special election may be called eighteen months before the date of the next presidential election. Section 8, Article VII of the 1987 Philippine Constitution provides thus:

“Sec. 8. In case of death, permanent disability, removal from office or resignation of the President, the Vice President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office or the resignation of both the President and the Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice President shall have been elected and qualified.” (Underscoring supplied).

Section 10 of Article VII provides for an orderly procedure for the holding of a snap or special election to fill up a vacancy resulting from the resignation of both the president and vice-president, thus:

“Sec.10. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special elections shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next election. (Underscoring supplied).