Comelec can hold special polls for congressional vacancies sans resolution - SC

Metro Manila, Philippines - The Commission on Elections (Comelec) can hold special polls without a congressional resolution to fill vacancies of senators and district representatives, the Supreme Court (SC) said.

In a statement on Wednesday, July 16, the court said "waiting for a resolution from Congress could cause delay, as the process involves committee reviews and multiple readings."

The SC explained that under Republic Act (RA) 7166, which synchronized the national and local polls, the Comelec must hold a special election within 60 to 90 days from vacancy, if the seat is vacated at least one year before the official’s end of term.

RA 7166 removed the congressional resolution as a requirement for special elections.

“To limit the COMELEC to a resolution from Congress in determining the existence of a vacancy would be to curtail and render ineffectual its power and mandate to call for and hold the special elections within the allotted period,” the ruling stated.

The court said the ruling does not apply to vacancies in party-list seats.

The decision, penned by Associate Justice Ramon Paul Hernando, stemmed from a petition filed by Elroy John Hagedorn, son of the late Palawan 3rd District Rep. Edward Hagedorn.

Hagedorn asked the House of Representatives to declare the vacancy following his father’s death in 2023. Some local government units in Palawan have also passed resolutions that requested House Speaker Martin Romualdez to ask the poll body to hold a special election.

With signatures of Palawan residents, Hagedorn urged the Comelec to hold the elections, but the commission said a resolution from the House of Representatives was necessary.

Hagedorn then lodged a mandamus before the SC.

The high court made the ruling despite the case being moot due to the May midterm elections.