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Election

The Supreme Court of the Philippines ruled that the Commission on Elections (COMELEC) is required to hold special elections for congressional vacancies within 60 to 90 days, without needing a resolution from Congress. This decision came after a petition regarding a vacancy in Palawan's Third Legislative District, following the death of Representative Edward S. Hagedorn. The Court clarified that this ruling does not apply to party-list vacancies, which are governed by different laws.

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21 views2 pages

Election

The Supreme Court of the Philippines ruled that the Commission on Elections (COMELEC) is required to hold special elections for congressional vacancies within 60 to 90 days, without needing a resolution from Congress. This decision came after a petition regarding a vacancy in Palawan's Third Legislative District, following the death of Representative Edward S. Hagedorn. The Court clarified that this ruling does not apply to party-list vacancies, which are governed by different laws.

Uploaded by

Micaela Jade (Micaela Jade)
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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The #SupremeCourtPH (SC) has ruled that the Commission on Elections (COMELEC) is

mandated by special law to hold special elections for congressional vacancies within 60 to
90 days from occurrence of the vacancy—even without a resolution from Congress.

In a Decision written by Associate Justice Ramon Paul L. Hernando, the SC 𝘌𝘯 𝘉𝘢𝘯𝘤


dismissed the petition filed by Elroy John M. Hagedorn (Elroy) to compel the House of
Representatives (HOR) to officially declare a vacancy in the Third Legislative District of
Palawan and call for a special election.

However, the SC clarified that this procedure does not apply to vacancies in party-list
seats, which shall be filled in accordance with RA 7941 and relevant COMELEC
Resolutions.

The seat became vacant after Representative Edward S. Hagedorn, who was elected in
2022, passed away on October 3, 2023.

Local government units in Palawan passed resolutions asking House Speaker Ferdinand
Martin G. Romualdez to request COMELEC to hold a special election.

Elroy also submitted signatures from Palawan residents to COMELEC Chairperson George
Garcia to show public support for a special election. The COMELEC, however, stated that
under RA 6645, it needs a resolution from the HOR before calling a special election.

This led Elroy to file a petition for 𝘮𝘢𝘯𝘥𝘢𝘮𝘶𝘴 before the SC.

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, as this requirement was removed by a later law—RA 7166.
Article VI, Section 9 of the Constitution provides that a special election may be held when a
congressional seat becomes vacant, following the procedure set by law.

Under RA 6645, 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.

RA 7166 removed this requirement, authorizing COMELEC to act without waiting for
Congress. 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 emphasized that waiting for a resolution from Congress could cause delay, as the
process involves committee reviews and multiple readings.

Read the full text of the Press Release at https://tinyurl.com/5y297bzh.

Read the full text of the Decision at https://tinyurl.com/2tnzab2u.

Read the Concurring and Dissenting Opinion of Associate Justice Alfredo Benjamin S.
Caguioa at https://tinyurl.com/44aex4n7

Copying of this content is subject to the SC PIO’s Credit Attribution Policy:


https://sc.judiciary.gov.ph/credit-attribution-policy/.

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