Transition president eyed in case of poll failure

MANILA, Philippines – Lawmakers yesterday expressed apprehension that a leadership vacuum will result if there is a failure of elections next year.

Because of this, opposition Sen. Francis Escudero proposed that Congress convene five days before June 30, 2010 to select a transition president in case there is a failure of elections.

At the House of Representatives, four congressmen are proposing that Chief Justice Reynato Puno be designated by law as acting president in case of a glitch in the automation of the 2010 polls or widespread violence in Mindanao.

“We are going to hold automated elections nationwide for the first time in our electoral history. It is our responsibility to make sure that our democracy will survive any worst-case scenario,” said Escudero, chairman of the Senate committee on constitutional amendments and revision of laws.

“The best-laid plans, as the saying goes, can go awry. Our present laws do not address a possible failure of election for the top two offices in the land,” he said.

To prevent a leadership vacuum resulting from a failure to proclaim the president and vice president, the Senate can elect from among the 12 non-reelectionist senators a president who will assume a transitory role until the issue is settled, he said.

This will require a joint resolution by the incumbent Congress, which will convene only for that purpose for the last time before June 30, Escudero said.

But there is a current succession law that will allow the vice president, the Senate president, and the Speaker of the House of Representatives, in that order, to succeed the President in case the latter dies or is permanently incapacitated, or in case Congress fails to declare a winning presidential candidate.

However, in case of a general failure of elections and the officials who succeed the president are not proclaimed, no one assumes the presidency.

“I share the apprehensions of many about our readiness to fully implement the poll automation law at this time. But since the Supreme Court has spoken, we have to work together to make it work,” said Escudero, who co-chairs the congressional oversight committee on poll automation.

“Our objective should be clean automation, not automation for automation’s sake, or we will find ourselves in danger of substituting manual, retail cheating with automated, wholesale cheating,” he said.

Escudero said he will initiate the measure as soon possible in the Senate.

Precautionary measure

Reps. Satur Ocampo, Teodoro Casiño and Neri Colmenares of Bayan Muna, on the other hand, yesterday filed House Bill 6786, which expands the succession to the presidency to include the Supreme Court chief justice.

A similar bill filed by Rep. Edno Joson of Nueva Ecija is now pending with the committee on revision of laws at the House.

“Under the present mode of succession, a failure of elections resulting from a botched automated system next year can be a means to prolong the stay in power of President Arroyo,” Ocampo and his colleagues said.

To prevent a vacuum in the presidency, there has to be a law designating the Supreme Court chief justice as acting president in the event that the vice president, Senate president and Speaker cannot be proclaimed.

Joson said since next year will be the first time the country is automating its balloting process, there is a real possibility that something might go wrong.

He said if congressmen and senators are unable or are not willing to approve a succession bill, it would mean that they want Mrs. Arroyo to prolong her stay in office in case of a vacuum in the presidency or they want rogue elements in the military and the police to exploit such a situation.

He pointed out that there is now little time for the Senate and the House to pass such a bill since the two chambers would soon adjourn for the 90-day election campaign.

The House revision of laws committee, chaired by Isabela Rep. Giorgidi Aggabao, has conducted at least two hearings on Joson’s bill but has failed to endorse it.

Some congressmen with malicious minds are now claiming that the House would sit on the measure so that Mrs. Arroyo can stay in office in case of a major foul-up in next year’s elections.

The President’s term expires on June 30, 2010. She is believed to be preparing a congressional run in Pampanga’s second district, now represented by her son Juan Miguel.

In a recent column, Fr. Joaquin Bernas, dean emeritus of the Ateneo College of Law, citing the possibility of an election failure in 2010, urged Congress to pass a succession law.

He said the Constitution commands the legislature to approve a bill on succession, but that lawmakers since 1987 have failed to do so.

Alternatively, to prevent a power vacuum, Bernas recommends that before the start of the election campaign, the Senate should elect its new president from its 12 members whose term expires in 2013.

Since the term of Senate President Juan Ponce Enrile ends on June 30, 2010, he is ineligible to succeed to the presidency in case of an election failure.

Bernas said if the remaining 12 senators elect their new president after June 30, there might be a question on such election because 12 members do not constitute a Senate quorum.

In the past, the Supreme Court was confronted with a situation where there were fewer than 13 senators, he said.

The 12 senators whose term expires in 2013 include Benigno Aquino III, Alan Peter Cayetano, Francis Escudero, Panfilo Lacson, Francis Pangilinan, Manuel Villar, Juan Miguel Zubiri, and Joker Arroyo.

No need for law

However, this early, a stalwart of the Liberal Party is opposed to the proposal for Congress to pass a measure on the need to elect a transition president.

Former Senate president Franklin Drilon said there is no need for Congress to pass a law on succession to address a leadership vacuum if it happens next year.

“There cannot be a failure of elections. I just had a conference as chairman of the LP with (Comelec) chairman Jose Melo and he debunked all fears of a failure of election,” Drilon told reporters at the Kapihan sa Senado last Thursday.

“Why? There are 82,000 counting machines which are independent of each other. To have a failure of elections, you have to immobilize 82,000 counting machines. That is something that is impossible to happen. Even assuming that you are able to prevent the 82,000 machines (from functioning), you can manually count the votes,” Drilon explained.

The former Senate president said the Comelec can do manual counting if the automated elections fail. – Christina Mendez (The Philippine Star) with Jess Diaz