The Commission on Elections (Comelec) is set to discuss the conduct of a special election in Dasmariñas City, Cavite, following the expulsion of Cavite’s 4th District Rep. Francisco “Kiko” Barzaga from the House of Representatives, according to Comelec Chairman George Erwin Garcia.

Garcia said the vacancy created by Barzaga’s removal may require the holding of a special election under existing laws and Supreme Court jurisprudence.

“The Constitution states that when a vacancy occurs—whether due to death, resignation or removal—the Comelec may call or hold a special election,” Garcia said.

He cited a Supreme Court ruling involving the late former Puerto Princesa mayor Edward Hagedorn, which, he said, established that Comelec has the mandate to conduct a special election even without a formal request from the House of Representatives.

“In the past, Comelec waited for a letter from the House before calling a special election. But under the Supreme Court decision, even reports from newspapers, radio or television can trigger preparations for a special election,” Garcia said.

The poll chief said commissioners will discuss the legal and logistical implications of the vacancy, noting that the Constitution requires a special election to be held no earlier than 60 days and no later than 90 days after the vacancy occurs.

Garcia said the timeline is challenging because it falls close to the scheduled Bangsamoro parliamentary elections on Sept. 14 and the Barangay and Sangguniang Kabataan elections on Nov. 2.

He added that funding remains the biggest concern. Dasmariñas, one of the country’s largest congressional districts, has about 437,730 registered voters. Based on Comelec’s initial estimates, a special election there would cost around P200 million.

Garcia said the election cannot be synchronized with the Barangay and SK polls because doing so would exceed the constitutional deadline.

He also noted that a recent Supreme Court ruling suggests Comelec is obligated to conduct a special election “at all costs” if the vacancy occurs more than a year before the next regular election, although commissioners are still reviewing the legal interpretation of the constitutional provision that uses the word “may” in relation to special elections.