Bypassing VP Leni as Duterte’s successor illegal — Macalintal

Bypassing Vice President Leni Robredo as the successor of President Rodrigo Duterte under the proposed constitution pending in the House of Representatives is illegal, election lawyer Romulo Macalintal said Tuesday.

Macalintal, the lead counsel of Robredo in the pending election protest filed against the Vice President by former senator Ferdinand “Bongbong” Marcos Jr., was referring to the provision of the House's draft charter which designates the Senate President as Duterte's successor for reasons not stated.

Leyte Representative Vicente Veloso later justified the move by citing that Marcos' protest against Robredo’s 2016 victory is an impediment for Robredo to be Duterte’s successor.

But Macalintal said: “The election protest filed by former Senator Bongbong Marcos as ground for ousting Vice President Leni is clearly frivolous, if not outright ridiculous. Since when did a pending election protest be the basis of succession to the highest position of the land?” 

“The proposed charter for a federal form of government ousting Vice President Leni Robredo in the first line of succession in case President Duterte is incapacitated to perform his duties as president will never happen. Veloso’s ground has no visible means of any legal or factual support. It is baseless and do not deserve any consideration,” Macalintal added.

Under the 1987 Constitution, the public should be informed of the President's state of health in case of serious illness. The 1987 Charter also provides that the members of the Cabinet in charge of national security and foreign relations, as well as the chief of staff of the Armed Forces of the Philippines, “shall not be denied access to the President during such illness.”

In addition, the 1987 Constitution states that the Vice President shall become the President to serve the unexpired term in case of the President's death, permanent disability, removal from office, or resignation.

Macalintal then slammed the President’s allies for making it appear that he is sick with such “political calisthenics” on the topic of transition instead of wishing him well.

“Sa kabila ng pahayag ng Malacañang na mas malakas pa sa kalabaw ang Pangulo, bakit ang mga kaalyado niya ang parang nagpapahiwatig na ang Pangulong Duterte ay may sakit na maaaring makaapekto sa kanyang panunungkulan?” Macalintal said.

“Kung siya ay may sakit, hindi succession ang dapat pag-usapan kundi dalangin para sa kanyang kalusugan. Kung may sakit ba ang inyong tatay ay pag-uusapan na ba agad kung sino ang magmamana at magkano ang mamanahin?” Macalintal added.

The veteran election lawyer also said that such proposal won’t move an inch anyway because the House and Senate have yet to decide if they are going to vote jointly or separately on the proposed draft constitution that will pave the way for the institution of federal government.

The 1987 Charter does not explicitly state whether the House and the Senate, as a Constituent Assembly, should vote jointly or separately on a proposed constitution. — RSJ, GMA News