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Question A19

XIX

(Question XIX, Political Law, 2018 Bar Exam)

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:

(a) No. Answer

Under the 1987 Constitution, 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. Rule

In the case at bar, Anna Maria as the Executive Secretary is disqualified since he is not a Member of the Senate nor the House of Representatives. Apply

Thus, Anna Maria’s assumption as Vice President is not valid. Conclusion

(b) Yes. Answer

Under 1987 Constitution, no person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. Rule

In the case at bar, Anastacia will be serving less than four years as President as she assumed office for the remaining three years of office of the previous president. Apply

Thus, Anastasia can run as President in the next election. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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