President Alfredo died during his third year in office. In accordance with the Constitution, Vice President Anastasia succeeded him. President Anastasia then nominated the late President Alfredo’s Executive Secretary, Anna Maria, as her replacement as Vice President. The nomination was confirmed by a majority of all the Members of the House of Representatives and the Senate, voting separately.
(a) Is Anna Maria’s assumption as Vice President valid? (2.5%)
(b) Can Anastasia run as President in the next election? (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) No, Anna Maria's assumption as Vice President is invalid, but (b) Yes, Anastasia can run as President in the next election. Under Article VII, Section 9 of the Constitution, a vacancy in the Vice-Presidency must be filled by nominating
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Quick check
Under Article VII, Section 9 of the Constitution, who may be nominated by the President to fill a vacancy in the Vice-Presidency?
A Vice-Presidential vacancy must be filled exclusively from among sitting Members of the Senate or the House of Representatives.
What vote is required in Congress to confirm a nominated Vice-President under Article VII, Section 9?
The constitutional nomination requires confirmation by a majority of all Members of both Houses voting separately.
Under Article VII, Section 4 of the Constitution, when is a successor President disqualified from running for President in the next election?
A person who succeeded as President is disqualified from seeking re-election only if they served for more than four years.
Why is the Executive Secretary disqualified from being nominated as Vice-President to fill a vacancy under Article VII, Section 9?
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If a Vice President succeeds to the presidency during the third year of the term, can she run for President in the next election?
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Learn more about these topics
1. Vice Presidential Replacement
Under Article VII, Section 9 of the 1987 Constitution, whenever there is a vacancy in the Office of the Vice-President, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives. The nominee shall assume office upon confirmation by a majority vote of all the Members of both Houses of Congress, voting separately. Nominating an individual who is not a sitting Senator or Member of the House of Representatives, such as an Executive Secretary, violates this explicit constitutional qualification, rendering the nominee's assumption of the Vice-Presidency null and void.
2. Presidential Term Limits
Under Article VII, Section 4 of the 1987 Constitution, the President shall not be eligible for any re-election. No person who has succeeded as President and served as such for more than four years shall be qualified for election to the same office at any time. This constitutional prohibition aims to prevent prolonged tenure in the presidency while accommodating accidental successions. A Vice President who succeeds to the presidency during the third year of the predecessor's term will serve for less than four years, thereby remaining fully eligible to run for President in the immediately succeeding election.
3. Vacancy In Congress
Under the 1987 Constitution, a member of Congress who is nominated and confirmed as Vice President pursuant to Article VII, Section 9 vacates their legislative seat upon assumption of the executive office. The requirement that the nominee be selected exclusively from the legislature ensures that the replacement Vice President possesses democratic legitimacy derived from popular election to Congress. Because the Executive Secretary is an appointive cabinet official and not an elected member of either the Senate or the House of Representatives, confirmation by Congress cannot cure the initial constitutional disqualification.