Article 7, Section 4 (presidential elect requirements)
fails to qualify or have not been chosen?
The PH Constitution is very strict on its requirements for
presidency. The President shall not be eligible for any re-election.
No person who has succeeded as President and has served as such
for more than 4 years (4 years and 1 day+) shall be qualified for
election to the same office at any time
Why is it “no person” as opposed to specifying the vice president?
Answer: There are instances where it is not the vice president
taking the presidential role
Term is 6 years, same qualifications CARRL (same for vice), but 40
yrs old instead of 35.
No vice-president shall serve for more than two successive terms.
Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of the
service for the full term for which he was elected
Article 7, Section 7-8 (appointment for vacancies)
From this point until it is explicitly mentioned, all scenarios are in
relation to the vice-president taking the role of the president
If the President-elect fails to qualify OR shall not have been
chosen, the Vice-President-elect shall act as President until a
President shall have been chosen and qualified (TEMPORARY)
If the President were to die, be permanently disabled, removed
from office, or resigned, then the Vice-President shall become the
President to serve the unexpired term. (PERMANENT)
Temporary if President is: not chosen / fails to qualify
Permanent if President is: dead / permanently disabled /
removed / resigned
If a Vice-President moves up to take the position of presidency,
the new President can nominate a new Vice-President from
among the members of the Congress subject to the majority vote
of the Congress.
Why not let the Presidential-elect with the 2nd most votes get the
role?
Answer: 2nd place is just 1st loser. You cannot let someone who
wasn’t elected to represent the country suddenly be the president.
What happens if both the President-elect and Vice-President elect
In situations like these, the President of the Senate or (in case of
inability), the Speaker of the House of Representatives shall act as
President until a President or a Vice-President shall have been
chosen or qualified
However, if there is a simultaneous vacancy of presidency and
vice-presidency the President of the Senate (or Speaker of the
House) will temporarily act as the President and there will be a
snap / special election for President and Vice-President.
Requirements for Presidential and Vice-Presidential snap
election:
- Law calling for snap election
- Simultaneous vacancy of presidency and vice-presidency
If Senate President is empty there CAN be a snap election:
- Law calling for snap election
- Vacancy must not happen 18 months before next regular
election
If Speaker of the House is empty there CAN be a snap election:
- Law calling for snap election
- Vacancy must not happen 1 year before next regular election
No snap elections happen outside these criteria
District Representative vs Party-List Representative
Party-List Representative requirements:
CARRL+
C - Citizen
A - At least 25 years of age on the day of election. IF youth sector,
must at least be 25 but not more than 30 years old on the day of
election
R - Registered voter
R - Resident of the Philippines for a period of not less than one
year immediately preceding the day of the election
L - Literate
+ - must be a member of the party they represent for at least 90
days preceding the day of the election
District (D) vs Party-List (P)
D: Elected according to legislative district by the constituents of
such district
Note: Not “by large” because not voted nationally
P: Elected nationally with party-list garnering at least 2% of all
the votes cast for the party-list system. Guaranteed 1 seat, but not
more than 2.
Scenario 1: If there were 10 million voters nationwide, but only 2
million voted for the party-list system, it will only take the 2% of
the 2 million

Scenario 2: Example, if there were 50 seats reserved for the

different party-lists, only those with 2% votes can grab a seat. In
cases where there are more than 50, the top 50 voted will get a
seat. In cases where there are less than 50, the remaining seats
will be equally distributed to those who gained the most votes.

D: Must be a resident of his legislative district for at least 1 year

immediately before the election
P: No special residency requirements in a legislative district

D: Elected personally (by name)

P: Voted upon by party or organization. A representative is
designated when a party is entitled to

D: Does not lose seat if they change party/affiliation

P: If they change party/affiliation they lose their seat in which
case they will be substituted by another qualified person in the
party/org based on the list submitted to the COMELEC

D: In case of vacancy, a special election may be held (see criteria

above)
P: In case of vacancy, a substitution will be made within the party

D: A district representative is not prevented from running again as

a district rep if they lost during the previous election
P: A party-list representative cannot SIT if he ran and lost in the
previous election

D: Change in affiliation within months prior to election does not

prevent a district rep from running under his new party
P: Change in affiliation withing 6 months prior to election
prohibits the party-list representative from sitting as rep under
his new party or org

Expressio Unios Est Exclusio Alterius: Where the law does not
enumerate, it is excluded. If wa kay labot, ayg apil2 :hmph: