SC allows special polls sans Congress resolution

The Supreme Court (SC) ruled Wednesday that the Commission on Elections (Comelec) can hold special elections to fill vacant congressional seats without a prior resolution from Congress.

The high court’s en banc decision, issued 22 April 2025 and made public Wednesday, dismissed a petition filed by Elroy John Hagedorn, who sought to compel the House of Representatives to issue a resolution certifying a vacancy in Palawan’s third legislative district and call for a special election.

The vacancy arose after Hagedorn’s father, Representative Edward Hagedorn, elected in 2022, died on 3 October 2023.

Local governments in Puerto Princesa City and Aborlan town had passed resolutions asking House Speaker Ferdinand Martin Romualdez to request Comelec to hold a special election and to appoint a temporary caretaker for the district.

On 22 April 2024, Elroy John Hagedorn wrote to Comelec chairperson George Garcia, providing collected signatures from Palawan province as proof of public support for a special election.

Comelec, in response, initially cited Republic Act (RA) 6645, which states that the commission, “upon receipt of a resolution of the Senate or the House of Representatives... certifying to the existence of such vacancy and calling for a special election, shall hold a special election to fill such vacancy.”

The law also states that Comelec “shall fix the date of the special election, which shall not be earlier than 45 days nor later than 90 days from the date of such resolution or communication.”

Elroy John Hagedorn then filed a petition for mandamus before the Supreme Court.

The Supreme Court, in its ruling, pointed out that RA 6645 was amended in 1991 by RA 7166. This amendment removed the requirement for a congressional resolution before Comelec can hold a special election to fill a vacancy.

Section 4, Paragraph 2 of RA 7166 states, “In case a permanent vacancy shall occur in the Senate or House of Representatives at least one year before the expiration of the term, the Commission shall call and hold a special election to fill the vacancy not earlier than 60 days nor longer than 90 days after the occurrence of the vacancy.”

The High Court also stressed that waiting for a resolution from Congress — which involves committee reviews and multiple readings — could cause undue delay. It stressed that the poll body should be allowed to carry out its mandate and hold special elections on time without being delayed by Congress.

“Comelec should not be unduly constrained to await a certification from Congress,” the Supreme Court stated. “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.”

The Court concluded that a resolution from the House of Representatives certifying the vacancy and calling for a special election is no longer required. It affirmed that Comelec’s duty to call and hold a special election is mandatory and ministerial, and in exercising this duty, the poll body “is not beholden to any certification, call, or any positive act from the House of Representatives.”