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

But the SC said that its ruling does not apply to vacancies in Party-list posts.

In the decision written by Associate Justice Ramon Paul L. Hernando, the SC pointed out that a resolution from Congress could cause delays since its issuance involves committee reviews and multiple readings.

It said the Comelec may rely on other means to confirm a vacancy like official announcements, press releases, or certifications from the Speaker or the House of Representatives (HOR) Secretary-General even when Congress is in session.

It pointed out that the Comelec should be allowed to carry out its mandate and hold special elections on time, without being delayed by Congress.

A copy of the decision has not been made public. The SC’s Office of the Spokesperson issued a summary.

The decision dismissed the petition filed by Elroy John M. Hagedorn to compel HOR to officially declare a vacancy in the 3rd District of Palawan and call for a special election.

The seat in the legislative district became vacant when then Rep. Edward S. Hagedorn, who was elected in 2022, passed away on Oct. 3, 2023.

House Speaker Martin G. Romualdez was asked by local government units in Palawan to request the Comelec to hold a special election. A temporary caretaker was also suggested.

The pleas of the residents in the affected area were also aired to Comelec Chairperson George Garcia. But the Comelec stated that under Republic Act No. 6645, the calling for a special election needs a resolution from Congress.

Elroy filed a petition for mandamus before the SC.

The SC said that while Elroy’s petition has become moot and academic with the conduct of the 2025 elections, it had to resolve the case.

It said the Congress cannot be forced to pass a resolution certifying the vacancy and calling a special election since the requirement has been deleted in RA 7166, the law on synchronized national and local elections.

It also said that Article VI, Section 9 of the Constitution provides that a special election may be held when a congressional seat becomes vacant, following the procedure set by law.

The SC said that under RA 6645, the Comelec could only call a special election after receiving an official resolution from either the Senate or the HOR certifying the vacancy and requesting the election.

However, it said, the requirement had been removed under RA 7166 which authorizes the Comelec to act without waiting for Congress.

It said that if a congressional seat becomes vacant at least one year before the end of the term, the Comelec must conduct a special election within 60 to 90 days from such vacancy.

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