Can a president skip his inauguration rites? Declare Martial Law on Day One?

 

What is the inauguration all about? What can the president do after being inaugurated?

GMA News Online was curious about the event, so we asked Commission on Human Rights Chairman Chito Gascon, a member of the Constitutional Commission that drafted the 1987 Constitution, some interesting questions about the event.

Why are inaugurations on June 30?

The reason why the inauguration ceremony of the newly-elected President is now on June 30 is simply that the 1987 Constitution provides that the term of the President and the Vice-President shall begin on that date.

In contrast, the 1935 Constitution provided that their term would begin on the 30 th of December and end six years later, on the same date. The inauguration is merely a ceremony to welcome the newly-elected Chief Executive into office.

The shift in tradition happened in 1981, when former President Marcos moved the date from December 30 to June 30. While former President Corazon Aquino did not have her inauguration on the 30th of June considering she assumed the Presidency on 25 February 1986 on the wings of a revolutionary government, it was under her term that the June 30 date for the assumption of duty of the President was enshrined in the 1987 Constitution.

What happens during inaugurations?

The inauguration ceremony is not codified in the Constitution and evolved based on tradition.

Usually, the outgoing President and incoming President meet for the turnover of ceremonies. They are welcomed upon their arrival with full military honors, which mark the last such honors for the outgoing President, who then leaves before the rest of the ceremonies take place to symbolically mark the end of the outgoing administration.

The Vice President takes the oath of office prior to the President, usually after proclamation and before a magistrate or other public official.

In the Philippines as is the practice in the US the oath has been often administered by the Chief Justice or other Justice of the Supreme Court.

However, there is no established rule to this effect. After the oaths are administered, the President delivers an inaugural address that outlines the priorities of the administration in moving forward and defines the broad strokes of the governance strategy something akin to and further elaborated by the President at the annual State of the Nation Address.

Are Presidents allowed to choose any venue for their inauguration?

There is no specifically-prescribed venue for the inauguration, although it has traditionally been held at the Quirino Grandstand, even during the Commonwealth Period with a few notable exceptions such as, among others, the inauguration of Presidents Aguinaldo (1899) and Estrada (1998), both of which were held in Bulacan, of President Quezon, which was held on Corregidor Island in 1941 and of President Osmena, who was inaugurated in the United States in 1944.

Can a President choose to skip inauguration rites?

Since there is no prescribed manner of conducting an inaugural ceremony, then there really is no legal infirmity should these be skipped altogether. All that is specified in the Constitution is the date on which the President’s term commences, which means that it will do so regardless of the ceremony once the President assumes his responsibilities.

What is a President allowed to do on his first day in office? Can he sign laws, hire or fire people, or even declare Martial Law?

There is nothing in the Constitution that vests the newly-installed President with any more power on the date of inauguration than on any other day in office. The President exercises the powers provided in the Constitution in three principal ways: as Head of State, as Chief Executive and as Commander-in- Chief.

The Martial Law powers are exercised as Commander-in-Chief and the conditions to do so are strictly governed by explicitly stated requirements and safeguards spelled out in the text of the 1987 Constitution.

These requirements were deliberately adopted to prevent a recurrence of former President Marcos’ act of arrogating absolute power unto his own office.

Are inaugurations held for Vice Presidents?

Yes, the 1987 Constitution requires that the Vice President recite the same oath as the President, and while again, nothing has been codified, the VP has historically been inaugurated during the same ceremony as the President.

The practice of the simultaneous inauguration has evolved out of tradition and, I would say, out of practicality as well. It should be stressed that the Vice-President takes the oath of office ahead of the President as protocol dictates that nothing further is performed after the inauguration of the President who is after all the highest official of government.

Are there other insights that you would like to share?

We Filipinos are, by nature, a very festive people. The inauguration of the President and Vice-President is as much an act of celebration by the people that their chosen leader is assuming office as it is a formal act of welcoming our newly elected Chief Executive and his deputy into office.

The inauguration is meant to formally mark the start of a six-year term for the officials of the executive department and as such it is usually filled with a spirit of hope and promise. As such, it is only right that apart from being solemn, it should also be a joyous event.

—JST, GMA News