SC: Comelec can hold special polls without House resolution

The Commission on Elections (Comelec) can hold special elections to fill vacant congressional seats even without a resolution from Congress, the Supreme Court has ruled.

In a decision promulgated on 22 April 2025, and released to the public on Wednesday, the high court en banc dismissed the 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.

A vacancy occurred after his father, Rep. Edward Hagedorn — elected in 2022 — passed away on 3 October 2023.

The local governments of Puerto Princesa City and Aborlan town passed resolutions urging House Speaker Ferdinand Martin Romualdez to request the Comelec to conduct a special election and assign a temporary caretaker for the district.

On 22 April 2024, Elroy John wrote to Comelec Chairperson George Garcia, submitting collected signatures from residents as proof of public support for a special election.

In its reply, the Comelec invoked Republic Act No. 6645, which states that before a special election can be conducted, the House must first issue a resolution certifying the vacancy and calling for such an election.

RA 6645 provides that the 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.”

However, the Supreme Court pointed out that RA 6645 was effectively amended by RA 7166, passed in 1991, which removed the requirement for a congressional resolution.

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 (1) year before the expiration of the term, the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy.”

The high court emphasized that requiring a resolution from Congress could result in unnecessary delays, as such resolutions are subject to committee hearings and multiple readings.

“COMELEC should not be unduly constrained to await a certification from Congress—whether in the form of a resolution issued by the relevant chamber while in session, or a certification from the Speaker or Senate President while Congress is in recess — before it may call and hold the special election,” the SC ruled.

“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 stressed that the Comelec’s duty to call and conduct a special election is “mandatory and ministerial,” and it is not beholden to any act or certification from the House of Representatives.