He Congress of the Republic made official this week the regulations of the Chamber of Deputies and the Senate that will begin to operate in the bicameral parliament 2026. These documents establish the legal framework that regulates the operation of both chambers, as well as the order that each process must follow.
Among the powers of Parliament is that of declaring the vacancy of the Presidency of the Republic. In the last five years, this figure was applied three times due to the permanent moral incapacity of the head of state.
This process was decided by the single chamber of Parliament, in which 130 congressmen vote. However, starting in July 2026, the procedure for declaring a presidential vacancy will be different from the current one.
The process
The first step begins in the Chamber of Deputies made up of 130 members. Article 99 of the Regulations of the Lower House establishes that agenda motions are proposals and, in these, the deputies request the Plenary to adopt an agreement on important matters.
One of these cases is the proposal for a presidential vacancy for the reasons provided for in paragraph 2 of article 113 of the Constitution. That is, his permanent moral or physical incapacity, declared by Congress.
According to the regulations, this is presented through an agenda motion “signed by no less than 30% of the legal number of deputies (39 deputies) specifying the factual and legal grounds on which it is based, as well as the documents that prove it or, failing that, the indication of the place.”
The rule indicates that the Board of Directors can request information related to the motion from any public or private institution, “which must be delivered immediately, under responsibility.” This documentation “has priority in the debate and is seen before any other pending motion on the agenda.” The copy of the order is sent to the president of the republic within a maximum period of one business day.
Deadlines
Subsequently, the president of the Chamber of Deputies calls the session within the third day so that the motion can be supported by any of the signing deputies.
“The vote on admission must be carried out immediately afterwards. For the admission of the vacancy request, the vote of at least 40% of eligible deputies is required,” the document indicates.
Once the motion is admitted, the Plenary Session of the Chamber agrees on the day and time for the debate and vote on the vacancy request. This session cannot be held before the third day following the admission vote, nor after the tenth day. Unlike the current regulations, there is no possibility of advancing the vote.
Voting day
The president of the republic can go to the Chamber of Deputies on the day the motion for vacancy due to permanent moral incapacity is supported. The representative may exercise his defense and may exercise his defense personally or be assisted by his lawyer.
The absence of the President of the Republic or his lawyer does not interrupt the procedure.
For the motion to be approved, a vote of two-thirds of the legal number of deputies is required. Likewise, the Presidency of the Chamber appoints three deputies to support the proposed vacancy resolution before the Senate.
Once the motion for vacancy due to moral incapacity is approved in the Chamber of Deputies, it is sent to the president of the republic and the Senate on the same day, for the continuation of the process.
Procedure before the Senate
Once the proposed presidential vacancy resolution reaches the Upper House, made up of 60 senators, along with its entire file, the president of the Senate, with prior agreement from the Board of Spokespersons, sets the day and time, as well as the rules of debate for the vote on the vacancy request.
Likewise, the head of the Upper House summons the deputies appointed by the Lower House and the President of the Republic.
Once the session is held, the deputies sent will have up to one hour to support the vacancy proposal approved by their chamber. Subsequently, the President of the Republic will be given the floor, also for 60 minutes, to present his defenses. He may defend himself personally or through his lawyer.
The regulations of the Senate, like those of the Chamber of Deputies, establish that “the absence of the President of the Republic or his lawyer does not interrupt the procedure.”
Once the presentation of the president or his lawyer is over, the senators agreed on the Board of Spokespersons debate the proposal. Once the debate is over, we proceed to vote.
To approve the vacancy due to moral incapacity, a vote of no less than two-thirds of the legal number of senators is required. That is, at least forty favorable votes.
Entry into force
The resolution declaring the presidential vacancy must be published in El Peruano within 24 hours after its approval. Otherwise, the president of the Senate sends it to the president of Congress, who orders its dissemination on the Congress website and in a widely circulated newspaper.
The resolution comes into force when it is published or communicated to the presidential office or the prime minister’s office, whichever occurs first. Then, the president of Congress immediately convenes the Plenary Session to proceed with the constitutional succession established in article 115 of the Constitution.
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