Comelec can hold special polls without House resolution —SC
In a 34-page decision, the SC En Banc dismissed a petition seeking to compel the House of Representatives to officially declare a vacancy in the Third Legislative District of Palawan and call for a special election.
'In the event of a vacancy in the House of Representatives that occurs at least one year before the expiration of the term of such seat, it is incumbent upon the Comelec to call for and hold a special election to fill such vacancy not earlier than 60 days nor longer than 90 days after the occurrence of the vacancy,' the SC said.
'This mandatory and ministerial duty of the Comelec to call and hold the special election emanates from Republic Act (RA) No. 6645 as amended by RA No. 7166, and is no longer conditioned upon any certification or call from the House,' it added.
After the passing of the representative in 2023, local government units passed resolutions asking House Speaker Ferdinand Martin Romualdez to request Comelec to hold a special election.
However, the Comelec said that under RA 6645, it needs a resolution from the HOR before calling a special election.
This led to the filing of the petition with the SC.
For its part, the SC said that the requirement was removed under RA 7166, authorizing Comelec to act without waiting for Congress.
It said that Comelec can rely on other means to confirm the vacancy such as official announcements, press releases, or certifications from the Speaker or the secretary-general.
'It 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 the special election,' the SC said.
The SC said that to limit the Comelec to a resolution in determining the existence of a vacancy would be 'to curtail and render ineffectual its power and mandate.'
However, the SC clarified that this ruling does not apply to vacancies in party-list seats.
Sought for comment, Comelec chairperson George Garcia said the decision strengthens the Comelec's power to conduct special elections in case of vacancies.
'No need to await for the call of the chamber where the vacancy occurs,' Garcia said.
The decision, penned by Associate Justice Ramon Hernando, was promulgated in April and made public in July. —AOL, GMA Integrated News
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