“I OFFERED to resign as President because I am sick of corruption.”
This calls for a celebration to many. But don’t be fooled.
President Rodrigo Duterte revealed earlier this week he is ready to quit out of frustration with corruption. But these are only words. There is a process involved to resign or step down.
Under Section 11 of the 1987 Philippine Constitution: “Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.”
His powers and duties would thereafter be discharged by the Vice President as Acting President, until the President declares he is already able to return to his post, again through a written declaration.
Additionally, “whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.”
In this case, the President is unable or unwilling to make a declaration. Majority of the Cabinet members can send to Congress a written declaration. Consequently, the Vice President will become Acting President.
In the case of Joseph Estrada vs Gloria Macapagal- Arroyo, the Supreme Court ruled that: “…there must be an intent to resign and the intent must be coupled by acts of relinquishment. The validity of a resignation is not governed by any formal requirement as to form. It can be oral. It can be written. It can be express. It can be implied. As long as the resignation is clear, it must be given legal effect.”
There is no provision in the Constitution that expressly provides for the official authorized to receive the resignation of the President and when such resignation would be effective.
The Constitution defines the line of succession in the event of a resignation. But while the Constitution also spells out the grounds for which the President may be removed through impeachment, it does not indicate the acceptable grounds for resignation.
Thus, in the present case, a written declaration by the President is not required to consider a President as having resigned. What is only required is an intent to resign along with acts of relinquishment.
A law should be crafted to specifically designate an official authorized to receive a President’s resignation, and when such resignation should be deemed effective.
While President Duterte’s remarks heated up a fire in the media, it must be noted that he has spoken about resigning many times in the past, though perhaps with less seriousness.
It remains to be seen if the President will actually quit before his term ends in 2022./PN
