‘Designated survivor’: Understanding protocol alien to PH

MANILA, Philippines—Vice President Sara Duterte’s recent declaration of herself as the “designated survivor” has ignited a wave of controversy and debate among government officials, lawmakers, and the public.

Last July 11, in an ambush interview, Duterte told reporters that she will not attend the third State of the Nation Address (Sona) of President Ferdinand Marcos Jr. on July 22. She did not disclose any reason or explanation for her plan to skip Marcos’ upcoming Sona.

However, she stressed: “I am appointing myself as the designated survivor.”

Her statement, which for some could come off as an unexpected announcement, has raised questions about its implications and the rationale behind it, prompting many to ask: Does the concept of having a designated survivor apply to the Philippines, and how would it impact the Sona.

What is a ‘designated survivor’?

Some may recognize the term from the similarly titled fictional thriller TV show, which centers around Tom Kirkman—portrayed by actor Kiefer Sutherland —a lower-level Cabinet member who unexpectedly ascends to the presidency after a catastrophic attack wipes out the United States (US) president and most of the Cabinet.

Historically, in the US, the term designated survivor refers to a high-ranking official in the presidential line of succession who is kept at a secure, undisclosed location during disastrous events.

Usually, the designated survivor is escorted by Secret Service to an undisclosed location before the State of the Union Address along with the “Football” — a 45-pound briefcase containing top-secret nuclear launch codes.

This precaution ensures continuity of government, allowing the designated survivor to assume the presidency if a catastrophic incident incapacitates the President, Vice President, and other top officials.

While it is unclear exactly when the practice started, historians believe the designated survivor protocol originated during the administration of US President Dwight D. Eisenhower in the 1950s. This period, marked by the Cold War, saw the introduction of “continuity of government” measures as a response to the potential threat of Soviet nuclear strikes on Washington, D.C.., the US capital where the White House and Capitol are located.

The protocol was designed to ensure that government leadership would endure even in the event of a devastating strike.

According to a report published by the HISTORY Channel, the first publicly acknowledged designated survivor was US Secretary of Education Terrel Bell, who did not attend then-President Ronald Reagan’s address to a joint session of Congress in 1981.

However, Bell’s role as the designated survivor wasn’t disclosed until many years later. In fact, it wasn’t until 1984 that the White House started publicly naming the designated survivor on the day of the State of the Union Address.

The term designated survivor isn’t officially used by the White House; instead, they refer to the individual as “the Cabinet member not in attendance.”

The identity of the very first designated survivor remains classified. The Senate Historical Office has previously noted that the practice of having a Cabinet member absent from the State of the Union Address dates back to at least the early 1960s, and possibly even earlier.

Who gets to be a designated survivor?

Public records showed that there have been over 50 designated survivors since the practice began in the US. Fortunately, no designated survivor has ever had to assume the presidency due to an attack during a State of the Union Address or other major event.

According to the Congressional Research Service, customarily, one member of the US President’s Cabinet is chosen as the designated survivor. However, not every Cabinet member gets chosen to fill the role.

One of the key conditions for a designated survivor is that the person should meet the two basic eligibility requirements for the US presidency: being at least 35 years old and a natural-born US citizen.

In the past, notable Cabinet members not born in the US, such as Secretary of State Madeleine K. Albright, did not qualify to become designated survivors.

The Congressional Research Service also noted that “[t]he designated survivor has most frequently been a Secretary from the Departments of Interior, Agriculture, and Commerce (though other executive branch department heads have been designated, as well.”

The person chosen as designated survivor also had to undergo some undisclosed special training to prepare for the possibility of assuming the US presidency.

In 2014, former Health and Human Services Secretary Donna Shalala, who served as a designated survivor under then-President Bill Clinton in 1996, told ABC News: “They walked you through the White House and showed you the Situation Room and talked seriously about the responsibility of the designated survivor.”

While some information about the role and responsibilities of a designated survivor has been disclosed over the years, many aspects remain classified. Those chosen for this critical role are often sworn to secrecy to ensure the security and effectiveness of the protocol.

It is also said that the designated survivor does not automatically become president. If another official higher in the line of succession survives an attack, that individual would assume the presidency instead.

The designated survivor’s role is a contingency measure, ensuring someone is always available to lead if the primary leaders are incapacitated.

‘No such thing’ in PH

While the protocol has been a long-standing practice in the US, there is no such thing as a designated survivor in the Philippines.

“I think she is just joking … because we do not have such thing as a designated survivor. In the US, there is. You have seen the series on US TV; they have a designated survivor — a Cabinet official, a Cabinet secretary will not be attending the Sona, and the person is secluded,” said House of Representatives Secretary General Reginald Velasco.

“And then whatever happens to the president and the immediate successors—because in the US Sona, like us, the vice president is there who’s the head of the Senate, and then the chief justice of the Supreme Court, the speaker of the House, so the immediate successors are all attending the [Sona] that is why they have the so-called designated survivor,” he added.

Although the Philippine government does not adhere to a designated survivor protocol, Article VII of the 1987 Constitution clearly outlines the line of succession in the event that the sitting president dies or becomes permanently incapacitated.

Section 7 states that the Vice President will succeed the President if “at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled.” The Vice President will also be President to serve the unexpired term of the President “in case of death, permanent disability, removal from office, or resignation.”

READ: VP Duterte as ‘designated survivor’? No such thing in PH – House SecGen

Bills on designated successor have been filed in Congress, but these have not been enacted. Among these was a bill filed by former Senator Panfilo Lacson in 2019, authorizing the President to name a designated survivor.

READ: Lacson pushes for passage of bill naming President’s ‘designated survivor’

According to Camiguin Rep. Jurdin Jesus Romualdo, this could be the first time that an official has boasted of being a designated survivor in the past State of the Nation Address (Sona) and used this as a reason to skip the event.

READ: Sara Duterte told to stop spending too much time on Netflix

“In the decades worth of Sonas that we’ve had, nobody has ever flaunted being the ‘designated survivor’ and used it as the excuse to skip the important event. Proper decorum and tradition say that the Vice President should be there in plenary at Batasan to hear the good President’s report to the nation,” Romualdo noted.

“This is among the political instances that take a backseat to transparency and unbridled communication with the public. Vice President Duterte’s predecessors did this with no issue while in office. One would think that she would also strive to achieve that standard,” he added.

Veiled threat?

Duterte’s designated survivor statement—which has been described by many as a “very bad joke”—drew ire and concern from several lawmakers, with some even calling her out for having a “delulu” (slang for delusional) behavior or advising her to refrain from “spending too much time watching Netflix” and instead read the Constitution.

READ: Sara Duterte as ‘designated survivor’? She must be ‘delulu’ – group

However, critics said the statements could be a veiled threat and that it seemed to imply that something wrong might happen to the country’s leaders, who would attend the Sona.

“The Vice President’s remarks about being the ‘designated survivor’ are both inappropriate and reckless. Such rhetoric hints at scenarios that are alarming and baseless, sowing unnecessary fear among the public,” said Isabela Rep. Inno Dy V.

Lawmakers also stressed that the vice president’s statement is inappropriate and induces fear among the public.

“Jokes about national security and succession are no laughing matter. The Vice President should be setting an example of leadership and responsibility, not creating unnecessary panic,” Lanao del Sur Rep. Zia Alonto Adiong added.

READ: ‘Reckless’: House solons slam VP Duterte’s ‘designated survivor’ remark

Duterte, however, recently explained that her self-appointment as a designated survivor was neither “a joke nor a bomb threat.”

“It’s not a joke, and it’s not a bomb threat either. I think many missed the point. So for me, if you didn’t understand the first time, I don’t think [you] deserve an explanation,” she said in an interview last July 17.

READ: Duterte on her ‘designated survivor’ remark: ‘Not a joke, bomb threat’

Absent, not watching Sona

On July 22, hours before Marcos Jr. delivered his speech, the Office of the Vice President (OVP) released a statement saying that Duterte—who stayed true to her words and was absent from the event—would not watch the Sona through television or online live stream.

“She is currently in Bohol to empathize with the Boholanos for the death of their Vice Governor, as well as to uplift the general mood of the people brought about by the suspension of their duly-elected local officials,” it added.

The OVP explained that Duterte’s presence in Bohol also coincided with the province’s celebration of Bohol Day.

“It is also Bohol Day today, which makes it an opportune time for the Vice President to bring a message of hope—na may Diyos na nagbabantay sa atin, at sa pamamagitan ng pagtutulungan at pagsisikap, magagawa nating ayusin ang Bayan muli.”

READ: VP Duterte won’t be watching Marcos’ 3rd Sona – OVP

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