Manila: The Supreme Court (SC) has ruled that the Commission on Elections (Comelec) can hold special elections to fill vacant congressional seats without needing a resolution from Congress. This decision, made public on Wednesday, dismissed a petition filed by Elroy John Hagedorn, which sought to compel the House of Representatives to issue a resolution for a special election in Palawan's third legislative district following the death of his father, Rep. Edward Hagedorn, on October 3, 2023.
According to Philippines News Agency, the local governments of Puerto Princesa City and Aborlan town passed resolutions requesting House Speaker Ferdinand Martin Romualdez to ask Comelec to conduct a special election and appoint a temporary caretaker for the district. Despite Elroy John's efforts to demonstrate public support for a special election by collecting signatures, Comelec initially cited Republic Act 6645, which requires a congressional resolution to certify the vacancy and call for a special election.
However, the Supreme Court clarified that Republic Act 6645 was amended by Republic Act 7166 in 1991, eliminating the need for a congressional resolution before Comelec can organize a special election. The Court emphasized that, per RA 7166, the Commission must call and hold a special election within 60 to 90 days after the vacancy occurs if it happens at least one year before the term's expiration.
The SC expressed concern that waiting for a resolution from Congress could lead to delays due to the legislative process, which includes committee reviews and multiple readings. It highlighted that Comelec should be able to fulfill its mandate and conduct special elections promptly without being hindered by the need for congressional action.
The Court underscored that Comelec's duty to call and hold a special election is both mandatory and ministerial, and it should not depend on any resolution or certification from Congress. Thus, the SC concluded that a resolution from the House of Representatives is no longer necessary for Comelec to proceed with special elections to fill congressional vacancies.
