omnibus omnia

To solve crisis, GMA must resign, says Kapatiran Party

In Catholicism, Christian Democracy, Christianity, Constitution, Democracy, Law, Manila, News, Philippines, Pinoy, Politics on November 29, 2007 at 09:41

The present unrest will not stop unless there is a change in the national executive leadership… the immediate resignation of the President and the Vice President…

The ANG Kapatiran Party has very recently issued a strongly worded statement on the latest Philippine crisis. Its spokesperson on the issue is Atty. Adrian Sison.

To those who don’t yet know about them, ANG Kapatiran is a reformist political party in the Philippines that straddles the conventional Left-Right divide. Espousing comprehensive political reform, communitarian economic policy (i.e., social justice and preferential option for the poor), and pro-life and pro-family values, ANG Kapatiran’s stance is broadly similar to those of European Christian Democracy (as exemplified by Windthorst and Adenauer, for instance) and Catholic Action, with an added emphasis on environmental and cultural issues. For more information, you can check its website, its blog, and a short summary of its platform.

Anyway, the statement goes thus:

“Urgent call for peaceful change!

“A call for vigilant action!

“The Ang Kapatiran Party aspires for what is best for the common good at this time[.]

“The present action taken by certain elements could lead to violence which is not for the common good.

“The present unrest will not stop unless there is a change in the national executive leadership by way of a democratically mandated special election.

“We therefore call for the immediate resignation of the President and the Vice President to allow the constitutional process to proceed as quoted hereunder.

“Article 7 of the 1987 Philippine Constitution

“Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

“The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

“Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

“Section 10. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

“We urge everyone to pray and work vigilantly for a peaceful resolution [of the crisis], which will finally lead to a new politics of virtue and politics of duty, which requires transparency, accountability and good governance.

“Let us all support the call for resignations and a special election!”

  1. if i would argue, there is a law on succession here. if, that is IF, GMA and De Castro resigns, we still have the Senate President and House Speaker to follow. we cannot call a specail election and make it constitutional. Not unless the Senate Prez and JDV also resigns.

    now if, again IF, we have a caretaker government, whuch would be an extra-legal meansm it is still illegal and unconstituional. not unless, as I have mentioned in one of my post, we draft a new constitution. then it would be moot and academic.

  2. Buraot, thanks for the note. I think, though, that there would be no constitutional difficulty in calling a special election if both the Pres and Veep resign; for then the Senate President or the House Speaker would succeed only as Acting President, to govern the country until a person is elected President in a special election. Legally then, a simultaneous resignation is a viable way to get a snap election, albeit a practically unlikely one.

    God bless you.

  3. […] (”Snap”) Elections within 60 days petition (3,469 as of this posting; apparently. Ang Kapatiran added its voice for resignation around the time of the Peninsula […]

  4. […] significant that late last month, a new voice added to the existing calls for resignation. See Scriptorium, which reproduces Ang Kapatiran’s statement. In light of the above, there’s this piece […]

  5. […] 9, 2008 · No Comments ANG Kapatiran, which we noted (here) to be a Philippine political party championing authentic Christian democracy, will hold a press […]

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