Vice President Sara Duterte is the constitutional successor to the President with no need for any further appointment, former Senator Panfilo Lacson and retired Supreme Court Associated Justice Adolfo Sevilla Azcuna said.

In his blog, Lacson characterized the vice-president’s pronouncement that she is appointing herself as the designated survivor by not attending President Ferdinand Marcos, Jr.’s 3rd State of the Nation Address in two weeks as mere "rhetoric"

“This is a rhetorical statement but a good soundbite nevertheless. She is the constitutional successor to the President not needing an appointment as the designated survivor, which by the way is still a pending legislative measure in Congress.” Lacson said.

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Azcuna, a framer of the 1987 Constitution, said that it is precisely why she is right to stay away from the SONA.

“The Vice President doesn’t have to be there. Wala naman siyang role doon eh kaya tama yung ginagawa niya na she will not stay there so that if something happens to them, mayroon pa tayong presidente,” Azcuna said.

Section 8, Article 7 of the 1987 Constitution provides for the line of succession to the Presidency, with the Senate President and Speaker of the House next in line respectively after the Vice-President.

“In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified,” the Constitution said.

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However that same Constitution is silent on who is in charge in case all four are wiped out. It mandates Congress to pass a law to figure that out.

“The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.”

Lacson however said past congresses have not done so. There is also no similar move in the current Congress.

While the Philippines does not have such a law, the US does, and it was the premise of the Netflix Show “Designated Survivor” starring Keifer Sutherland in the titular role.

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Sutherland’s show is about a cabinet member who was the designated to skip the US President’s State of the Union Address before a Joint Session of the US Congress just to make sure there is someone in charge in case the entire US Federal government, which would be present in the event, is wiped out.

In the US show, Keifer Sutherland played the Cabinet member who was the designated survivor because he was already about to be let go from the Cabinet so the White House advised him to skip the event. 

In the show, Sutherland as designated survivor became president after a terrorist bombed the US Congress during the speech, wiping out the political leadership of the US.

It also had a South Korean remake with a similar premise.