Lora, Kristian Jacob A.
Solving the constitutional crisis when the incumbent president is disqualified on account of ineligibility / Kristian Jacob Abad Lora. - Cebu City : University of Cebu, 2016. - iv, 154 leaves
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad,2016.
Includes bibliographical references (leaves 125-133).
Contents: Chapter I: The problem and its scope -- Chapter II: Theoretical framework, conceptual framework, and review of related literature -- Chapter III: Results and discussion -- Chapter IV: Summary of findings, conclusions, and recommendations -- References -- Appendices.
Summary : The 1987 Philippine Constitution is ambiguous and unclear on whether or not the Presidential Succession Rule set forth in Article VII, Section 8 thereof applies in case the Presidential Electoral Tribunal disqualifies the incumbent President on account of ineligibility. Some law professors manifested that the Maquiling Rule should apply. Another probable approach is to hold a special Presidential election. The study, therefore, sought to explore and determine the most appropriate approach to ascertaining the person who shall take the place of the disqualified President. The study evaluated the said three (3) approaches according to three (3) criteria, namely : legal feasibility, practicality, and social acceptability. In doing so, the study utilized the mixed methods based on the research questions of the study. The study employed the doctrinal legal research method to answer the question on legal feasibility while it used cost-effectiveness analysis (CEA) to answer the question on practicality. For an in-depth discussion, the researcher also administered a researcher-made qualitative descriptive survey to three (3) Political Law experts and professors in the country. To answer the question of social acceptability, the researcher also administered a quantitative descriptive survey to 385 residents of Cebu City, Lapu-Lapu City, and Mandaue City who were chose through quota sampling method. Statistical treatments used for the analysis of quantitative data were frequency distribution and percentages. To synthesize the results, the researcher used the triangulation method. From the findings, the study concludes that the Presidential Succession Rule is the most appropriate approach to solving the research problem. This means that should the incumbent President be disqualified on account ineligibility, the Vice-President shall become the new President.
English
Solving the constitutional crisis when the incumbent president is disqualified on account of ineligibility / Kristian Jacob Abad Lora. - Cebu City : University of Cebu, 2016. - iv, 154 leaves
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad,2016.
Includes bibliographical references (leaves 125-133).
Contents: Chapter I: The problem and its scope -- Chapter II: Theoretical framework, conceptual framework, and review of related literature -- Chapter III: Results and discussion -- Chapter IV: Summary of findings, conclusions, and recommendations -- References -- Appendices.
Summary : The 1987 Philippine Constitution is ambiguous and unclear on whether or not the Presidential Succession Rule set forth in Article VII, Section 8 thereof applies in case the Presidential Electoral Tribunal disqualifies the incumbent President on account of ineligibility. Some law professors manifested that the Maquiling Rule should apply. Another probable approach is to hold a special Presidential election. The study, therefore, sought to explore and determine the most appropriate approach to ascertaining the person who shall take the place of the disqualified President. The study evaluated the said three (3) approaches according to three (3) criteria, namely : legal feasibility, practicality, and social acceptability. In doing so, the study utilized the mixed methods based on the research questions of the study. The study employed the doctrinal legal research method to answer the question on legal feasibility while it used cost-effectiveness analysis (CEA) to answer the question on practicality. For an in-depth discussion, the researcher also administered a researcher-made qualitative descriptive survey to three (3) Political Law experts and professors in the country. To answer the question of social acceptability, the researcher also administered a quantitative descriptive survey to 385 residents of Cebu City, Lapu-Lapu City, and Mandaue City who were chose through quota sampling method. Statistical treatments used for the analysis of quantitative data were frequency distribution and percentages. To synthesize the results, the researcher used the triangulation method. From the findings, the study concludes that the Presidential Succession Rule is the most appropriate approach to solving the research problem. This means that should the incumbent President be disqualified on account ineligibility, the Vice-President shall become the new President.
English