Comelec can hold special polls without Congress’ nod — Supreme Court

Commission on Elections. File photo

MANILA, Philippines — The Commission on Elections (Comelec) can hold special elections to fill vacant congressional seats even in the absence of a resolution from Congress, the Supreme Court said in a decision made public Wednesday.

In a decision penned by Associate Justice Ramon Paul Hernando, the 15-man Tribunal said Congress cannot be forced to pass a resolution certifying the vacancy and calling a special election since such a requirement is no longer part of Republic Act 7166 or the law that provides for synchronized national and local elections and electoral reforms.

The SC issued the ruling as it dismissed the petition filed by Elroy John M. Hagedorn asking SC to compel the House of Representatives to officially declare a vacancy in the third legislative district of Palawan and call for a special election.

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

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Several local government units in Palawan passed resolutions and held signature campaigns asking House Speaker Ferdinand Martin Romualdez to request Comelec to hold a special election.

The signatures were then submitted to Comelec Chairman George Garcia.

However, Garcia maintained that a resolution is needed before a special election is conducted, prompting Hagedorn to file a petition before the Supreme Court.

The Supreme Court said waiting for a resolution from Congress could cause delay, as the process involves committee reviews and multiple hearings.

The High Court said the poll body may rely on other means to confirm a vacancy — such as official announcements, press releases, or certifications from the Speaker or the House of Representatives secretary general.

“Comelec should not be unduly constrained to await a certification from Congress — whether in the form of a resolution issued by the relevant chamber of Congress while in session, or a certification from the Speaker or the Senate President while Congress is in recess — before it may call and hold a special election,” said the SC.

It added: “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.”

But the SC clarified that its ruling does not apply to vacancies in party-list seats. /mr