The Commission on Elections (Comelec) expressed its approval on Wednesday regarding the Supreme Court’s (SC) decision that allows the commission to conduct special elections to fill vacant congressional seats without the need for Congress to declare a vacancy.
“This strengthens the mandate of the Comelec that we can call special elections,” Comelec Chairperson George Garcia stated in an interview.
Garcia noted that the commission would seek further clarification on the ruling related to the case filed by Elroy John Hagedorn against the House of Representatives. “We just want to know the extent of the Commission’s authority to call special elections,” he said. “It would be great if we could read the decision giving us the discretion. We want to know what the parameters really are.”
The Supreme Court ruled that the Comelec has the authority to hold special elections to fill vacancies in the House of Representatives, even in the absence of a resolution from Congress.
To provide context, Hagedorn filed a petition 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. This seat became vacant following the passing of Rep. Edward Hagedorn, Elroy John’s father, who was elected in 2022 and died on October 3, 2023.
On Wednesday, the SC dismissed the petition to issue a resolution certifying the existence of a vacancy and calling for a special election. In its ruling, the high court referenced Republic Act 6645 (An Act Prescribing the Manner of Filling a Vacancy in the Congress of the Philippines), which was amended in 1991 by RA 7166, removing the requirement for a resolution from Congress before the Comelec could hold a special election to fill a vacancy.
