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Opinion

Wanted: A “Designated Survivor Law”

WHAT MATTERS MOST - Atty Josephus Jimenez - The Freeman

That apparently humorous but quite threatening jest spoken by Vice President Inday Sara, about not attending the SONA and consequently, naming herself as the designated survivor triggered a number of reactions. In fact, it ignited some serious discussions on multiple possibilities of “what if’s" and many debates on some suppositions and grim scenarios. Instead of shooting the messenger, let us all deeply ponder on its far-reaching implications and serious consequences.

Indeed, come to think about it. In the event that, heaven forbid, something untoward happens to the president, the vice president, the Senate president and the speaker, including the chief justice, all together in one place and at the same time, who shall assume as head of state and head of government? That question was contemplated by former senator Ping Lacson. And he did file a bill, called the Designated Survivor Bill. However, the Senate ran out of time.

Senator Ping ran for higher office and did not go back to the Senate to pursue the measure. Such characters as Robinhood Padilla who was entrusted to lead constitutional amendments and Senators Lito Lapid, Bong Revilla, Jinggoy Estrada, and others were elected by the sovereign and intelligent Filipino voters. And then, that very vital piece of legislation was forgotten.

In a TV interview, Senator Ping, who is likely to be elected again to the next Senate, has pointed out what the other senators who are lawyers have chosen to ignore. Article VII of our Constitution does mandate Congress to pass a law that will outline the chain of succession. But like the mandate to pass the anti-dynasty law, both Houses of Congress have chosen to focus on the trivial issues and ignore what matters most. This is indeed a serious problem that may lead to a constitutional crisis. And if that happens, the military may take over under the cover of saving the nation from both internal and external security threats. The fugitives of justice like that expelled congressman and that "fugitive" appointed son of God may take advantage of the situation and sow terror in retaliation against the establishment.

If all the top chains of commands, from the president to the speaker, are taken out by terror attack, then the POGO men and women, who are being besieged by the forces of law and order nowadays, may stage a blitzkrieg counterattack against government, and the most vulnerable sectors are the millions of poor people who does not have the money and the wherewithal to escape to the US, Europe, or at the very least, to East Timor. More dangerously, in the event that there is a leadership vacuum and the nation is leaderless, the assault forces of Beijing and Moscow may attack and invade our country, then place the whole nation under the control and domination of an alien power.

We cannot really discount totally and surely a terror attack, despite all our military and police preparation. If Donald Trump could even be hit in the tip of his ear, given the massive defense position of the Secret Service of the strongest military power in the whole world, how can we be sure of our own safety and security? Remember that despite the Pentagon and CIA, President John F. Kennedy as well as his younger brother, Attorney-General Robert F. Kennedy were still eliminated by the most daring and sophisticated terrorist attack. A number of other US presidents including the greatest of them all, the 14th US president Abraham Lincoln, was killed by an assassin's bullet inside a theater in 1865.

For all these reasons, we should not and we could not wait for Senator Ping to be in the Senate again. There are enough lawyers in the Upper Chamber who understand the intricacies and nuances of a Designated Survivor Law, or at the very least, an extended presidential and other succession law. We expect this of Senator Koko Pimentel who topped the Bar, Senate President Chiz Escudero who is the debater from UP Law, Francis Tolentino, Alan and Pia Cayetano, both lawyers, and even Raffy Tulfo who speaks like an attorney, as well as the designated constitutionalist of the Upper House, Robinhood.

They should put their heads together and pass this law immediately. This law is more important than Alice Guo, Apollo Quiboloy, or Arnie Teves.

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