Who takes over if an impeached vice president is convicted?

Who takes over as vice president?

Constitutional lawyer Atty. Eugene Kaw told PhilSTAR L!fe that no one automatically succeeds an impeached and convicted vice president.

“Under Article VII, Section 9 of the Constitution, the president must nominate a replacement from among incumbent senators or members of the House of Representatives, who must also possess the constitutional qualifications for vice president,” he explained.

These qualifications include being a natural-born citizen of the Philippines, at least 40 years old on the day of the election, a registered voter, able to read and write, and a resident of the country for at least 10 years.

However, the president’s nomination is only the first step. Kaw explained that the nominee must still be confirmed by a majority of all members of each chamber of Congress, voting separately, before assuming office.

Fellow constitutional lawyer Atty. Leonardo Camacho added that the period for selecting a nominee is up to President Ferdinand Marcos Jr. 

What happens if Congress rejects the president’s nominee?

In the case the nominee is rejected by Congress, Camacho said that the next step is for the president to nominate another person for the role.

“If the nominee of the president for the vice presidency refuses, then the president has no choice. He cannot force a member of Congress to be vice president, so he has to nominate another person in that situation,” he noted.

The vice-presidency will remain vacant until a replacement is confirmed by both chambers.

Kaw stressed that the law provides no alternative appointment mechanism for the process, and that the president cannot bypass congressional confirmation through an acting or ad interim appointment. 

Who fills in for the congressional seat?

Should the position of vice president be successfully filled, the senator or representative who has assumed office must subsequently forfeit their congressional seat.

“Mere nomination does not vacate the seat. Under Article VI, Section 13, a legislator cannot hold another government office during the legislative term without forfeiting the congressional seat,” Kaw said.

A special election will then occur to fill the resulting vacancy in Congress. However, Camacho noted that the official who will be elected through this process will only serve the unexpired term of the person that he or she replaced.

“For example, if the senator who was appointed as vice president only has until 2028 for their term, they will only serve up until that term. But the special rule when it comes to the Senate, ‘yung special election will be held simultaneously with the next regular election,” he said.

Ordinarily, Article XI, Section 3(6) of the 1987 Constitution states that "no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate." 

The court previously reduced the number of votes needed to convict Duterte. The votes will now only come from senators who, at the time of the vote, remain "legally and factually capable of participating in proceedings." The remaining members will constitute the denominator from which the two-thirds will be computed.

This comes after four senators have been unable to participate in the proceedings for different reasons.

Sen. Ronald “Bato” dela Rosa has been out of the public eye amid an arrest warrant issued by the International Criminal Court over his alleged involvement in the drug war killings during the presidency of Rodrigo Duterte.

Senators Jinggoy Estrada and Rodante Marcoleta, meanwhile, have been detained over plunder charges linked to alleged irregularities in flood-control projects and undeclared campaign donations, respectively, while Sen. Loren Legarda has been on extended medical leave abroad.

VP replacement talks 'premature'

Palace Press Officer Claire Castro has said that any talks about the replacement of Duterte are "very premature" at this point.

"Igalang natin ang opisina ng bise presidente," she told reporters.

Senate President Sherwin Gatchalian echoed the same, saying, "Tapusin muna natin 'yung impeachment before we talk about that."

"To be fair sa respondent, 'di pa na-present ng defense 'yung kanilang ebidensya at testimony, so pakinggan muna natin bago tayo mag-isip ng next steps."