Who takes over “in case of death, permanent disability, removal from office or resignation” of the elected Vice President of the Philippines?

Section 9 of Article VII of the 1987 Philippine Constitution provides: 

“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.”

The Constitution also provides that on the third day of the vacancy, Congress should convene “without need of a call” and within seven days, enact a law calling for a special election.

However, the Constitution mandates that “no special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential (vice presidential) election.”

(The Manila Bulletin decided to publish this story to answer queries from its readers on the mode of succession since the impeachment of Vice President Sara Duterte by the House of Representatives has been endorsed to the Senate for trial.)

The impeachment of VP Duterte does not mean that she is already ousted from office. The VP has to undergo trial before the Senate, which under the Constitution, has the “sole power to try and decide all cases of impeachment."

Two-thirds vote of all senators is needed to convict VP Duterte of the charges which caused her impeachment.

Based on the complaint, VP Duterte was charged with betrayal of public trust, commitment of graft and corruption, violation of the Constitution, commitment of high crimes, including conspiracy to commit murder, and acts of destabilization.

Pls read:

What will happen now? A recap and explainer of VP Sara's impeachment https://mb.com.ph/2025/2/5/what-will-happen-now-a-recap-and-explainer-of-vp-sara-s-impeachment #manilabulletin via @manilabulletin

On the conduct of trial on an impeachment case, Senate Resolution No. 39 adopted on March 23, 2011 states:

“Upon presentation of the articles to the Senate, the Senate shall specify the date and time for the consideration of such articles.  Unless the Senate provides otherwise, it shall continue in session from day to day (except Saturdays, Sundays, and nonworking holidays) until final judgment shall be rendered, and so much longer as may, in its judgment, be necessary.”

The resolution mandates senators to “observe political neutrality during the course of the impeachment trial.”

“Political neutrality” is defined in the resolution as “exercise of public official’s duty without unfair discrimination and  regardless of party affiliation or preference.”

It said the presiding officer, the Senate president, “shall have the power to make and issue, by himself or by the Secretary  of the Senate, all orders, mandates, and writs authorized by these Rules or by the Senate, and to make  and enforce such other regulations and orders in the premises as the Senate may authorize or provide.”

The rules provide that “upon the presentation of articles of impeachment…, a writ of summons shall  be issued to the person impeached, reciting or  incorporating said articles, and notifying him/her to appear before the Senate upon a day and at a place to be fixed by the Senate and named in such writ, and to file his/her Answer to said articles of impeachment within a non-extendible period of ten (10) days from receipt thereof.”

The impeachment prosecutors “may reply (to the answer) within a non-extendible period of five (5) days therefrom; and to stand to and abide by the orders and judgments of the Senate.”

Also under the rules, “the Senate shall have power to compel the attendance of witnesses, to enforce obedience to its orders, mandates, writs, and judgments, to preserve order, and to punish in a summary way contempts of, and disobedience to, its authority, orders, mandates, writs, or judgments, and to make all lawful orders, rules, and regulations which it may deem essential or conducive to the ends of justice.”

It was not known immediately if the Senate will revise its 2011 rules or adopt new rules in the trial of VP Duterte’s impeachment case.