SC allows Comelec to hold special elections without Congress resolution

The Supreme Court ruled on April 22, 2025, that the Commission on Elections (Comelec) can hold special elections and fill vacant congressional seats without a resolution from Congress.

This decision came after local government units in Palawan requested Speaker Ferdinand Martin Romualdez to call for a special election following the death of Rep. Edward Hagedorn in October 2023, but Comelec claimed it needed a resolution under RA 6645.

The SC clarified that RA 7166 removed this requirement, allowing Comelec to rely on other means such as official announcements or certifications from the Speaker to confirm vacancies.

Comelec chairperson George Garcia welcomed the ruling, stating it strengthens their power but noted they will need to amend some rules and clarify certain aspects of the decision.

The SC emphasized that waiting for a resolution from Congress could cause delays and stressed that Comelec should not be unduly constrained in holding special elections within the allotted period.

Comelec is currently seeking clarifications on when they can declare and hold special elections based on news bulletins, as the process involves significant costs ranging from PHP40 to 50 million per election.

The ruling explains that RA 7166 provides that if a seat becomes vacant at least one year before the term ends, a special election must be held within 60 to 90 days of the vacancy without needing a House resolution.