Excluding VP in line of succession ‘makes no sense’ – Robredo’s lawyer

Barry Gutierrez

Barry Gutierrez (File photo by NESTOR CORRALES / INQUIRER.net)

Excluding the Vice President from the line of succession during the transition period to federalism, as laid out in the House draft charter, makes no sense, lawyer Barry Gutierrez, legal adviser of Vice President Leni Robredo, said on Tuesday.

“Walang malinaw na dahilan. Walang katuturan. Walang sense,” Gutierrez, who is also a law professor, told reporters at the session hall of the Supreme Court.

[There is no clear reason. It’s pointless. It makes no sense.]

Article XVII Section 4 of the proposed federal charter states that “in case a vacancy arises by reason of removal, resignation, permanent incapacity or death of the incumbent President, the incumbent Senate President shall act as President until a President shall have been chosen and qualified.”

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Gutierrez said removing the constitutional mandate was like abolishing the office of the Vice President.

“Ang principal na trabaho sa Bise Presidente sa ilalim ng Constitution ay ang maging consitutional successor. So kung tatanggalin mo sa kanya yun at ililipat mo sa Senate President parang inabolish mo na yung opisina ng pagka-Bise Presidente,” Gutierrez said.

[The principal duty of the Vice President under the Constitution is to become the constiutional successor. So if you remove that from his or her duty and you assign it to the Senate President, then it is as if you are abolishing the Office of the Vice President.]

The provision is different from the what is stated in Section 8, Article VII of the 1987 Constitution – that the Vice President is the first in line of succession, followed by the Senate President and then the Speaker of the House of Representatives. /atm

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