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

In a decision penned by Associate Justice Ramon Paul L. Hernando, the SC En Banc dismissed the petition filed by Elroy John M. Hagedorn seeking to compel the House of Representatives to officially declare a vacancy in Palawan’s third legislative district and call for a special election. The seat was left vacant after Rep. Edward S. Hagedorn passed away on October 3, 2023.

The ruling clarified that under Republic Act (RA) No. 7166, which amended RA 6645, Comelec is no longer required to wait for a resolution from Congress before calling a special election. Instead, the poll body is mandated to conduct such elections within 60 to 90 days from the occurrence of a vacancy, provided it happens at least one year before the end of the term.

The SC stressed that requiring a congressional resolution could cause delays, as the process entails committee deliberations and multiple readings. The high court said Comelec may rely on other means to confirm a vacancy, including official announcements, press releases, or certifications from the Speaker or the Secretary-General of the House of Representatives—even while Congress is in session.

“[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,” the Court said. “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 also clarified that the ruling does not apply to party-list seat vacancies.

Prior to the ruling, local government units in Palawan, including Puerto Princesa City and the Municipality of Aborlan, passed resolutions urging House Speaker Ferdinand Martin G. Romualdez to request a special election and propose a caretaker for the vacant post. Elroy also submitted a petition backed by signatures from residents, which Comelec initially declined, citing the absence of a House resolution as required under RA 6645.

Although the May 2025 national elections rendered the petition moot, the SC proceeded with its review to resolve the legal issue.

In his concurring and dissenting opinion, Associate Justice Alfredo Benjamin S. Caguioa said the petition should have been dismissed outright due to mootness and emphasized that a resolution from Congress is still necessary to officially notify Comelec of a vacancy.