‘Designated survivor’ bills filed in Congress

MANILA, Philippines — Just like in the movies, a “designated survivor” must be secured in case the President and all of his or her constitutional successors are killed or incapacitated in a terrorist attack or calamity.

Sen. Panfilo Lacson has filed Senate Bill 982, with his counterpart in the House of Representatives, Quezon City Rep. Precious Hipolito-Castelo filing House Bill 4062, both seeking for a “designated survivor” to guarantee the continuity and stability of the government.

Lacson said this is to ensure the Office of the President will not be vacated in the event of death, permanent disability, removal from office, or resignation of the acting president.

“I filed the bill on designated survivor first because the provision in the Constitution (regarding) the line of succession (stopped) at the Speaker of the House,” Lacson said.

Lacson noted all the constitutional successors of the President are under one roof during an important national event.

“And I noticed during SONA (State of the Nation Address) everybody is there practically. There is the President, Vice President, Senate President, Speaker of the House. All of them must attend the event. So knock on wood, on the possibility that a terrorist might bomb the place, then all of them will end up dead, there will be no successor,” Lacson said.

Castelo, for her part, patterned her proposal under the “designated survivor” of the US government where a Cabinet member is sequestered in a secret and secure location when the president, vice president and other officials in the line of succession are gathered in one event.

Lacson admitted that his bill was inspired by Netflix series “Designated Survivor” where a lower-level cabinet member, Tom Kirkman was catapulted to the Oval Office after a devastating attack on the night of the State of the Union Address claimed the lives of the president and most of the Cabinet. Kirkman was the secretary of housing and urban development.

The Netflix drama series has its Korean version.

“Yes (inspired by the series), sort of. Because it’s a practice in the US that there should be a designated survivor,” Lacson said.

There was also a scenario in a Tom Clancy novel where a hijacked commercial plane crashed into the Capitol Building where all high-ranking government officials from the President to the senators and congressmen, including the Chief Justice and cabinet officials perished.

Under the 1987 Constitution, the Vice President is next in the line of succession in case of the President’s inability to discharge duties, followed by the Senate President and the Speaker.

Lacson wanted an exhaustive line/order of presidential succession in the event of death, permanent disability, removal from office or resignation of the acting president to ensure that the office is never vacated even in exceptional circumstances.

In case of death or permanent disability of those specified in the Constitution, Lacson’s bill provides that the following elected and appointed officers not under any disability to discharge the powers and duties of the Office of the President shall act as Chief Executive in the order from the most senior senator, based on the length of service in the Senate; the most senior congressman, based on the length of service in the House of Representatives, and a member of the Cabinet designated by the President.

Lacson said the bill also provides that before any public or private activity, event or function with the attendance of the President, Vice President and ranking officials, the President shall designate a member of the Cabinet to be sequestered in a secret and secure location.

“In the event of an extraordinary circumstance resulting in the death or permanent disability of the President, Vice President and the officials mentioned... the designated member of the Cabinet shall act as President,” Lacson said in his bill.

He said the acting President’s official actions pertaining to the day-to-day operations of the government shall remain effective unless revoked by the elected President within 90 days from his or her assumption or re-assumption of office.

‘Kumpleto na tayo’

Castelo’s HB 4062, on the other hand, seeks to identify who will serve as acting chief executive, if the president and rightful successors listed in the 1987 Constitution all die in any terrorist attack, major disaster or other exceptional circumstances during an official gathering like the SONA, presidential inauguration or presidential address before a joint Congress.

“During occasions when the President, the Vice President, Senate President and the Speaker of the House of Representatives are all gathered in one place, the President shall delegate a successor from among his Cabinet officials, who shall take over the presidency in the unlikely event that the President and all his constitutional successors die or become incapacitated to fill in the role of President,” read Castelo’s bill.

“Such delegated successor shall be kept in a secure and undisclosed place during the occasion or gathering for which his appointment was made,” it added.

In her explanatory note, Castelo said the measure will “guarantee that there will always be someone to assume the reins of government in case an unimaginable disaster happens.”

“While the strongest and strictest security measures have always been implemented and enforced during SONA, there is always a chance, however slim, that a tragedy can happen,” she said.

During his 4th SONA last July 22, President Duterte joked that a psychic predicted a strong earthquake would hit the House plenary building during his speech and that none of the government officials there would survive. 

“I just heard that from a psychic that the first crack when the ‘Big One’ hits, will be right here in the center of this... That is what they said, ‘Philippines is so corrupt, it’s so lousy that if you kill all congressmen, senators and the president, we will have a new day.’ So I pray that if the earthquake comes, it comes now. This moment. Kumpleto na tayo,” Duterte remarked during his SONA.

Duterte has designated Justice Secretary Menardo Guevarra as caretaker of the government while on a four-day official visit to China from Aug. 28 to Sept. 1.

As the caretaker, Guevarra will supervise the day-to-day operations and general administration of the executive department. Duterte directed all departments, agencies and instrumentalities of the government to assist Guevarra in the discharge of his duties. – With Christina Mendez