SC: Comelec can hold special election, no need for Congress resolution
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SC: Comelec can hold special election, no need for Congress resolution
Published Jul 16, 2025 03:04 PM PHT
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Updated Jul 16, 2025 04:15 PM PHT
Members of the Press turn up to cast their votes at the Comelec Local Absentee voting site at the Comelec Office in San Juan City on April 28, 2025. Jonathan Cellona, ABS-CBN News
Members of the Press turn up to cast their votes at the Comelec Local Absentee voting site at the Comelec Office in San Juan City on April 28, 2025. Jonathan Cellona, ABS-CBN NewsMANILA (UPDATED) — The Supreme Court has ruled that the Commission on Elections can hold special elections and fill vacant seats in Congress even without a congressional resolution.
MANILA (UPDATED) — The Supreme Court has ruled that the Commission on Elections can hold special elections and fill vacant seats in Congress even without a congressional resolution.
In a decision promulgated on April 22, 2025, the en banc dismissed the petition filed by Elroy John Hagedorn to compel the House of Representatives to officially declare a vacancy in the 3rd District of Palawan and call for a special election.
In a decision promulgated on April 22, 2025, the en banc dismissed the petition filed by Elroy John Hagedorn to compel the House of Representatives to officially declare a vacancy in the 3rd District of Palawan and call for a special election.
The seat became vacant following the death on October 3, 2023 of Rep. Edward S. Hagedorn, who was elected in 2022.
The seat became vacant following the death on October 3, 2023 of Rep. Edward S. Hagedorn, who was elected in 2022.
Although the May 2025 elections made Elroy's petition moot, the SC still reviewed the case and ruled that Congress cannot be forced to pass a resolution certifying the vacancy and calling a special election.
Although the May 2025 elections made Elroy's petition moot, the SC still reviewed the case and ruled that Congress cannot be forced to pass a resolution certifying the vacancy and calling a special election.
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'COMELEC IS NOT BEHOLDEN'
The high court noted that under Republic Act No. 6645 or the Act Prescribing the Manner of Filling a Vacancy in the Congress of the Philippines, the Comelec could only call a special election after receiving an official resolution from either the Senate or the HOR certifying the vacancy and requesting the election.
The high court noted that under Republic Act No. 6645 or the Act Prescribing the Manner of Filling a Vacancy in the Congress of the Philippines, the Comelec could only call a special election after receiving an official resolution from either the Senate or the HOR certifying the vacancy and requesting the election.
But the requirement was removed by a later law, Republic Act No. 7166 the Act Providing for Synchronized National and Local Elections and for Electoral Reforms, which authorized Comelec to act without waiting for Congress.
But the requirement was removed by a later law, Republic Act No. 7166 the Act Providing for Synchronized National and Local Elections and for Electoral Reforms, which authorized Comelec to act without waiting for Congress.
"In the exercise of this duty, the Comelec is not beholden to any certification, call, or any positive act from the House of Representatives," the SC said in the decision penned by Associate Justice Ramon Paul Hernando.
"In the exercise of this duty, the Comelec is not beholden to any certification, call, or any positive act from the House of Representatives," the SC said in the decision penned by Associate Justice Ramon Paul Hernando.
The SC further noted that under the new law, if a seat becomes vacant at least one year before the end of the term, Comelec must conduct a special election within 60 to 90 days from such vacancy.
The SC further noted that under the new law, if a seat becomes vacant at least one year before the end of the term, Comelec must conduct a special election within 60 to 90 days from such vacancy.
The SC also emphasized that waiting for a resolution from Congress could cause delay, as the process involves committee reviews and multiple readings.
The SC also emphasized that waiting for a resolution from Congress could cause delay, as the process involves committee reviews and multiple readings.
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"This duty of the Comelec to call and hold a special election is mandatory and ministerial," the SC said.
"This duty of the Comelec to call and hold a special election is mandatory and ministerial," the SC said.
COMELEC SEEKS CLARIFICATIONS
The Comelec said Wednesday that while they welcome the Supreme Court's decision, they still have clarifications on some aspects.
The Comelec said Wednesday that while they welcome the Supreme Court's decision, they still have clarifications on some aspects.
"Pwedeng mag-rely ang Comelec sa mga news bulletin… 'Yan ay nagpapatibay sa kapangyarihan ng Comelec, natutuwa kami sa ganyan, subalit kakailanganin namin magbago ng rules namin," said Comelec Chairman George Garcia.
"Pwedeng mag-rely ang Comelec sa mga news bulletin… 'Yan ay nagpapatibay sa kapangyarihan ng Comelec, natutuwa kami sa ganyan, subalit kakailanganin namin magbago ng rules namin," said Comelec Chairman George Garcia.
Garcia said they need to discuss when they could hold the special elections from being notified through a news bulletin.
Garcia said they need to discuss when they could hold the special elections from being notified through a news bulletin.
"Kailan yung period na pwede kami magdeklara na pwede kami mag-hold ng special elections. Gaano kahaba? Gaano katagal, ano ang period, upang magdeklara ang Comelec ng special elections kahit walang panawagan," he said.
"Kailan yung period na pwede kami magdeklara na pwede kami mag-hold ng special elections. Gaano kahaba? Gaano katagal, ano ang period, upang magdeklara ang Comelec ng special elections kahit walang panawagan," he said.
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The poll chief said holding a special election in a legislative district could range from P40 to 50 million.
The poll chief said holding a special election in a legislative district could range from P40 to 50 million.
"Sa part ng Comelec, hindi naman kami nabibigyan ng dagdag na budget patungkol sa bagay na yan pagka nagpatawag sa amin o magpatawag ng special election ay wala namang binibigay na special budget kundi magre-rely sa savings ng Comelec," Garcia added.
"Sa part ng Comelec, hindi naman kami nabibigyan ng dagdag na budget patungkol sa bagay na yan pagka nagpatawag sa amin o magpatawag ng special election ay wala namang binibigay na special budget kundi magre-rely sa savings ng Comelec," Garcia added.
Garcia said the commission has yet to receive an official copy of the ruling.
Garcia said the commission has yet to receive an official copy of the ruling.
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