MANILA – The Commission on Elections (Comelec) is eyeing Dec. 19 for a special election to fill the vacant House seat of Batanes following the death of Rep. Ciriaco Gato Jr., Comelec Chairperson George Garcia said Tuesday.
Garcia said the date would fall within the period required by the Supreme Court for holding a special election to fill a congressional vacancy.
He cited the Supreme Court’s ruling in Hagedorn vs. House of Representatives, which requires the Comelec to hold a special election no earlier than 60 days and no later than 90 days after a vacancy occurs.
“Sa December 19 more or less namin gaganapin ang special election. Ang 90 days kasi is on December 21 (The special election will be held on December 19 as 90 days is on December 21),” Garcia said in a radio interview.
“Since the congressman passed away yesterday, the 90-day period would expire on or around December 21,” he added.
Garcia said the Comelec does not need a formal declaration from the House of Representatives to recognize a vacancy or an order from the chamber to conduct the special election.
The commission is constitutionally mandated to hold the election once a vacancy occurs, he said.
The special election cannot be held simultaneously with the Nov. 2 Barangay and Sangguniang Kabataan Elections because the required 60-day period would not yet have elapsed, Garcia said.
Gato died Sept. 21 from cardiac arrest. (PNA)
