The Supreme Court (SC) has ruled that the Commission on Elections (Comelec) must hold special elections to fill vacancies in the House of Representatives without waiting for the chamber’s certification if the vacancy occurs at least a year before the term ends.

In a decision penned by Associate Justice Hernando, the Court ruled that under Republic Act No. 7166, the Comelec has the mandatory and ministerial duty to conduct special elections following a vacancy, without requiring prior certification from the House.

“The deliberate replacement of the reckoning point for the conduct of the special election vis-a-vis the deletion of the certification requirement demonstrates the Legislature’s intent to abandon the certification requirement entirely,” the Court held.

FACTS AND ISSUE

The case stemmed from the death of Rep. Edward Hagedorn of Palawan’s Third District on October 3, 2023, which left the seat vacant with more than a year left in his term. 

Elroy John M. Hagedorn, a resident and voter in the district, filed a Petition for Mandamus before the SC seeking to compel the House of Representatives to issue a resolution certifying the vacancy and calling for a special election.

Petitioner argued that the House had a mandatory duty to pass such a resolution to trigger the Comelec’s action, invoking his right to suffrage and representation. 

The House, however, argued that calling a special election was discretionary and that under existing laws, the Comelec could not proceed without a House resolution.

Before reaching the SC, no special election was held, and the House had designated Speaker Ferdinand Martin Romualdez as caretaker. 

The main issue brought before the SC was whether the House of Representatives could be compelled through mandamus to issue a resolution certifying a vacancy and calling for a special election to fill the seat.

RULING

While the SC dismissed the petition as moot due to the May 2025 elections, it ruled on the merits to guide future cases, clarifying that under RA 7166, the Comelec has the power and duty to call and hold special elections without requiring House certification.

The Court explained that RA 7166, which amended the earlier RA 6645, removed the certification requirement, making the occurrence of a vacancy the trigger for Comelec to act, provided the vacancy occurs at least one year before the term’s expiration.

“To retain the certification requirement will render Section 4 inoperable every time the House of Representatives, for some reason or another, decides to refrain from issuing the certification or fails to timely issue the resolution, which could not have been intended by Congress when it enacted Republic Act No. 7166,” the Court said.

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