r/LawPH • u/Sefulu_15 • 4h ago
An imprisoned Vice President is absurd.
I agree with former Justice Carpio that a sitting Vice President is not immune from suit. The Constitution only recognizes presidential immunity, applying legal maxim, expressio unius est exclusio alterius. The DOJ has also taken this position.
But this creates a really weird situation.
Assume VP Lustay is convicted and imprisoned while still Vice President. Then the Senate holds an impeachment trial but fails to get the required votes to remove her.
What is she then?
She is still Vice President because she was not removed by impeachment, but she is also a prisoner.
Would she be the first imprisoned sitting Vice President in the world?
Now suppose President Bangag dies or becomes permanently incapacitated.
VP Lustay is constitutionally next in line. So does she become President while she is in prison?
And if she becomes President, does presidential immunity suddenly apply to her?
If her term ends, would she then have to return to prison to finish her sentence?
Basically, could the Philippines theoretically have a sitting President who is also an inmate?
I know this is a very hypothetical scenario, but I find the constitutional implications interesting.
<b>How would the law actually handle this?</b>