SECOND EXAM TRANSCRIPTION |84ABOY, ABEJO, AGUNOD, FRANCO, GURREA JUMUAD, LIGAHON, MANDAYA,MANGUDADATU, ORTIZ, PALMA, PULIDO, VILLAREALHouse of Representatives their writtendeclaration that the President is unable todischarge the powers and duties of hisoffice, the Congress shall decide the issue.For that purpose, the Congress shallconvene, if it is not in session, within forty-eight hours, in accordance with its rulesand without need of call.This is a continuation of the secondparagraph. As you can see, there is a conflicthere. Majority of the members of the Cabinethas already informed the Senate Presidentas well as the Speaker of the House ofRepresentativesthatthepresidentissuffering from temporary disability. However,the president refuses to recognize that he issuffering from a temporary disability. This isthe situation contemplated in the firstsentence in the third paragraph.So what will happen if the president saysthat he is not suffering from a temporarydisability?He will re-assume the powers and duties ofhis office.Now what if the members of the Cabinet isfirm with their decision that the president issuffering from a temporary disability whichdisables him to discharge the functions of hisoffice. What will happen?The Congress will decide the issue. For thatpurpose, the Congress shall convene if it isnot in session within 48 hours in accordancewith its rules and without need of call.Let’s go to the last paragraph of Section11,this paragraph provides for the period for theCongress to decide on the conflict betweenthe president as well as the members of thecabinet as to the existence of the temporarydisability.Section 11, Paragraph 4If the Congress, within ten days afterreceipt of the last written declaration, or, ifnot in session, within twelve days after it isrequired to assemble, determines by atwo-thirds vote of both Houses, votingseparately, that the President is unable todischarge the powers and duties of hisoffice, the Vice-President shall act as thePresident; otherwise, the President shallcontinue exercising the powers and dutiesof his office.So the period to decide would depend onwhether the Congress is in session or not. Ifthe Congress is in session, the issue has tobe resolved within 10 days after receipt of thelast written declaration. But if the Congress isnot in session, the issue has to be resolvedwithin 12 days after it is required toassemble.Take note of the voting requirement, it shouldbe two-thirds vote (2/3) of both houses,voting separately. So that is it for temporarydisability.Let’s now go to a situation wherein there is avacancy both in the Office of the Presidentand the Vice-President. Both offices arevacant, now what will be the duty of theCongress in case such a situation transpires.
