Comelec to Hold Special Elections Without Congressional Resolution, SC Rules

Manila: The Commission on Elections (Comelec) on Wednesday expressed approval of the Supreme Court's (SC) decision, which allows the commission to conduct special elections to fill vacant congressional seats without requiring Congress to declare a vacancy. "This strengthens the mandate of the Comelec that we can call special elections," Comelec Chairperson George Garcia stated during an interview.

According to Philippines News Agency, Garcia emphasized the need to gather more information regarding the high tribunal's ruling on the case filed by Elroy John Hagedorn against the House of Representatives. Garcia mentioned the importance of understanding the full extent of the Commission's authority to call special elections and expressed interest in reading the decision to comprehend the parameters involved.

The Supreme Court ruled in favor of allowing Comelec to hold special elections for vacant seats in the House, even in the absence of a resolution from Congress. Elroy John Hagedorn's petition sought to compel the House to issue a resolution certifying the existence of a vacancy in Palawan's third legislative district and to call for a special election. The vacancy arose following the death of his father, Rep. Edward Hagedorn, who was elected in 2022 and passed away on October 3, 2023.

On Wednesday, the Supreme Court announced the dismissal of the petition to issue a resolution certifying the vacancy and calling for a special election. The court's ruling referenced the amendment of Republic Act 6645 by RA 7166 in 1991, which eliminated the necessity for a congressional resolution before Comelec could organize a special election to fill a vacancy.