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Notes 1 Election Law

The document outlines the definitions, history, and regulations surrounding elections and suffrage in the Philippines, emphasizing the evolution from non-democratic practices to the establishment of a constitutional framework for free and fair elections. It details the role and structure of the Commission on Elections (COMELEC), including its powers, functions, and the qualifications for its members. Additionally, it provides an overview of the Omnibus Election Code, which governs the conduct of elections, including the election periods, campaign regulations, and the processes for special elections and the election of various public officials.

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0% found this document useful (0 votes)
8 views23 pages

Notes 1 Election Law

The document outlines the definitions, history, and regulations surrounding elections and suffrage in the Philippines, emphasizing the evolution from non-democratic practices to the establishment of a constitutional framework for free and fair elections. It details the role and structure of the Commission on Elections (COMELEC), including its powers, functions, and the qualifications for its members. Additionally, it provides an overview of the Omnibus Election Code, which governs the conduct of elections, including the election periods, campaign regulations, and the processes for special elections and the election of various public officials.

Uploaded by

Arrianne Panda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

I.

ELECTION AND SUFFRAGE


1. Definition

Election
An election is the process by which the people choose public officials or decide public issues
through the casting and counting of votes.

It is the means of expressing popular sovereignty, consistent with Art. II, Sec. 1 of the 1987
Constitution (sovereignty resides in the people).

Suffrage
Suffrage is the right and obligation of qualified citizens to vote in elections, plebiscites,
initiatives, referenda, and recall.

1987 Constitution, Art. V, Sec. 1 — Suffrage may be exercised by:


●​ Filipino citizens
●​ At least 18 years old
●​ Not otherwise disqualified by law
●​ Must have resided in the Philippines for at least 1 year and 6 months in the place of
voting​

Suffrage is a political right, not a natural right.

2. History of Election and Suffrage in the Philippines

Spanish Period
●​ No democratic elections​
Local officials appointed by Spanish authorities
●​ Limited participation through principalia class​

Malolos Republic (1899)


●​ Recognition of representative government
●​ Elections were indirect and limited​

American Period
●​ Introduction of democratic elections
●​ Philippine Organic Act (1902) — limited suffrage (property and literacy requirements)
●​ Jones Law (1916) — expanded Filipino participation​

Commonwealth Period
●​ 1935 Constitution
○​ Male suffrage initially​
○​ 1937 plebiscite granted women’s suffrage​

Post-War Period
●​ Expansion of electoral processes
●​ Creation of independent electoral body​

Martial Law Period


●​ Elections existed but heavily controlled​

1987 Constitution
●​ Strengthened electoral democracy
●​ Emphasis on free, orderly, honest, peaceful, and credible elections
●​ Strengthened independence of the electoral commission​

II. COMMISSION ON ELECTIONS (COMELEC)


1. History
●​ Created under the 1940 amendment to the 1935 Constitution
●​ Became a constitutional commission
●​ Strengthened under the 1973 Constitution
●​ Further strengthened and guaranteed independence under the 1987 Constitution​

Now one of the three Constitutional Commissions


●​ Commission on Elections
●​ Civil Service Commission
●​ Commission on Audit​

2. Composition
1987 Constitution, Art. IX-C, Sec. 1
●​ 1 Chairman​

●​ 6 Commissioners​

👉 Appointed by the President of the Philippines​


👉 With consent of the Commission on Appointments
📌 Term: 7 years, without reappointment
3. Qualifications
Members must:
●​ Natural-born Filipino citizens​
●​ At least 35 years old​

●​ Hold a college degree​

●​ Must not have been candidates in the immediately preceding election​

Additional requirement:
👉 Majority must be members of the Philippine Bar with at least 10 years of practice

4. Powers and Functions

A. Under the 1987 Constitution (Art. IX-C)

COMELEC has power to:


✅ Enforce and administer election laws​
✅ Exercise exclusive original jurisdiction over election contests involving:
●​ Regional​

●​ Provincial​

●​ City officials​

✅ Appellate jurisdiction over:


●​ Municipal​

●​ Barangay officials​

✅ Decide administrative questions affecting elections​


✅ Deputize law enforcement agencies
✅ Register political parties and accredit citizens’ arms​
✅ File election offense cases​
✅ Recommend measures to minimize election spending​
✅ Supervise plebiscite, initiative, referendum, and recall

B. Under the Omnibus Election Code (B.P. Blg. 881)


COMELEC may:
●​ Conduct registration of voters​

●​ Regulate campaign activities​

●​ Supervise canvassing and proclamation​


●​ Investigate and prosecute election offenses​

●​ Control printing of ballots and election materials​

●​ Declare failure of elections and call special elections​

5. Field Offices
COMELEC operates through a decentralized structure:

Levels
1. Regional Offices
●​ Supervise provincial and city offices​

2. Provincial Offices
●​ Coordinate election implementation at provincial level​

3. City/Municipal Offices
●​ Voter registration​

●​ Precinct management​

●​ Local election administration​

4. Election Officers
●​ Frontline implementers of election laws​

👉 These field offices ensure grassroots election administration


OMNIBUS ELECTION CODE OF THE PHILIPPINES

(BATAS PAMBANSA BLG. 881, December 3, 1985)

ARTICLE I - GENERAL PROVISIONS

Section Topic Key Points / Highlights Example Scenario

Sec. 1 Title Law is officially called the Omnibus Election When citing election rules in
Code of the Philippines pleadings, lawyers reference B.P.
Blg. 881

Sec. 2 Applicability Governs all elections of public officers and, Rules on campaigning also apply
when applicable, referenda and plebiscites to a plebiscite on creation of a
province

Sec. 3 Election & ⭐ Election period: 90 days before election day A mayoral candidate distributing
Campaign until 30 days after campaign materials one day
Periods before election commits an
⭐ Campaign periods: election offense
• President/VP → 90 days
• National & local → 45 days
• Barangay → 15 days

⚠️ Day before and election day are not


campaign days

Sec. 4 Obligation to Voting is a civic duty/obligation, though not A qualified voter is encouraged to
register and vote legally punishable if not exercised register and vote but cannot be
jailed for not voting

Sec. 5 Postponement of The Commission on Elections may postpone A typhoon destroys ballots in a
election elections due to: municipality → COMELEC
• Violence postpones election
• Terrorism
• Destruction of materials
• Force majeure

⭐ Must be held within 30 days after cause


ceases
Sec. 6 Failure of Occurs when: Armed groups prevent voting in
election • Election not held several precincts affecting results
• Suspended before closing → failure of election declared
• Fraud during counting/transmission

⭐ Must affect the result of election


⭐ COMELEC calls special election within 30
days after cause ceases

Sec. 7 Call of special ⭐ Vacancy with 18 months or more before A congressional seat becomes
election next election → COMELEC calls special election vacant 2 years before elections →
special election held
⭐ If legislature dissolved → President calls
election within 45–60 days

Sec. 8 Code available in Printed copy of election code must be available A voter questions procedure →
polling places for public consultation consults printed code in precinct

Sec. 9 Official election Election-related communications are free of Election officer sends election
mail postage and prioritized by telecom facilities returns via registered mail
without cost

Sec. 10 Election expenses ⭐ Generally paid by COMELEC (except barangay A province advances funds for
elections) ballot transportation then gets
reimbursed
⭐ LGUs may advance expenses subject to
reimbursement

Sec. 11 Failure to assume If elected official fails to take oath within 6 Proclaimed mayor refuses to take
office months, office becomes vacant unless due to oath for personal reasons → seat
causes beyond control declared vacant

Sec. 12 Disqualifications Candidate disqualified if: A person convicted of estafa


• Declared insane/incompetent (moral turpitude) cannot run
• Convicted with penalty >18 months unless disqualification period
• Crime involving moral turpitude lapses
• Convicted of rebellion, insurrection, etc.

⭐ Disqualification removed after 5 years from


service of sentence or pardon/amnesty
Postponement Failure of Election

Election not yet held Election disrupted or invalid

Preventive Corrective

Example: typhoon before voting Example: fraud during counting

Campaign vs Election Period


●​ Election period → broader (90 days before to 30 days after)​

●​ Campaign period → shorter and depends on position​

Many election offenses apply during the election period, not just campaign period.

Disqualification (Sec. 12)


A person convicted of a crime involving moral turpitude is disqualified even if penalty is less
than 18 months.

ARTICLE II - ELECTION OF PRESIDENT AND VICE-PRESIDENT

Section Topic Key Points / Highlights Example Scenario

Sec. 13 Regular election ⭐ Held every 6 years on first Monday of Candidate wins May 2028 election
May → assumes office June 30, 2028
until June 30, 2034
⭐ Assumption of office → June 30 at noon
⭐ Term → 6 years
Sec. 14 Special election ⭐ Applies when both President and VP President and VP die in an
positions are vacant accident → special election called
within constitutional timeframe
⭐ Legislature must convene automatically
⭐ Law calling election enacted within 7
days

⭐ Election held 45–60 days after call


⭐ Special election cannot be suspended
Sec. 15 Canvass by ⭐ Boards meet not later than 6 PM Provincial board finishes canvass
provincial/city boards election day and transmits COC to central
canvassing authority
⭐ Continuous canvassing until finished
⭐ Prepare Certificate of Canvass (COC)
⭐ Copies transmitted to legislature and
COMELEC

⚠️ Non-compliance is an election offense


Sec. 16 Counting by national ⭐ Certificates transmitted to Speaker Congress convenes and opens all
legislature provincial COCs for presidential
⭐ Legislature convenes within 30 days count

⭐ Certificates opened and votes counted in


public session

Sec. 17 No correction after ⭐ Errors in COC already transmitted A board cannot recall a
transmission cannot be corrected, except as allowed in transmitted COC to revise figures
next section without legal basis

Sec. 18 Safekeeping of ballot ⭐ Ballot boxes secured with four padlocks Ballot boxes stored in treasury
boxes vault with locks from officials and
⭐ Responsibility shared by election officials parties
and political parties

⭐ Applies until proclamation becomes


uncontested

Sec. 19 Incomplete / altered ⭐ If incomplete → Speaker orders A COC with erasures triggers
COC submission of missing returns verification using authentic
election returns
⭐ If altered → legislature may verify using
COMELEC copies of returns

Sec. 20 Proclamation of ⭐ Candidate with highest votes proclaimed If missing provincial COC cannot
winners change result, proclamation
⭐ Tie → decided by legislature vote proceeds

⭐ Missing COCs allowed only if results


unaffected
⭐ If outcome affected → proclamation
withheld

⭐ Very Important Exam Highlights


🔴 Assumption of Office
●​ President and VP always assume office June 30 at noon — constitutionally fixed.​

🔴 Special Election Requirement


Special election is required only when both offices are vacant.

👉 If only the President is vacant → VP becomes President (constitutional succession).

🔴 Nature of Presidential Canvassing


Presidential canvass is political in nature, conducted by the national legislature acting as the
National Board of Canvassers.

🔴 Missing Certificate Rule


●​ If missing COC does not affect result → proclamation allowed​

●​ If it affects result → proclamation suspended​

💡 Bar-Type Illustration
A province fails to submit its COC.

●​ If margin between candidates is 1 million votes, and province has 50,000 voters →
proclamation allowed​

●​ If margin is 10,000 votes, and province has 200,000 voters → proclamation must wait
ARTICLE III - ELECTION OF MEMBERS OF THE BATASANG PAMBANSA

Section Topic Key Points / Highlights Example Scenario

Sec. 21 Regular election ⭐ Held every 6 years on the second Monday of Legislative representatives
May elected nationwide during
scheduled elections

Sec. 22 Special election ⭐ Vacancy 18 months or more before regular A district representative dies 2
election → special election years before election →
COMELEC calls special election
⭐ Must be held within 60 days
⭐ Legislature certifies vacancy to the Commission
on Elections
Sec. 23 Composition ⭐ Not more than 200 Members Cabinet member appointed to
legislature under
⭐ Includes: parliamentary structure
• Provincial/district representatives
• Sectoral representatives
• Cabinet members chosen by President

Sec. 24 Apportionment ⭐ Representation distributed among provinces, A newly created province


cities, and districts receives at least one
representative in next election
⭐ New provinces/HUCs entitled to representation
⚠️ No adjustment within 120 days before election
Sec. 25 Voting system ⭐ Candidates voted at large within constituency Province entitled to 3 seats →
⭐ Top vote-getters corresponding to number of top 3 candidates with highest
seats win votes elected

Sec. 26 Sectoral ⭐ 3 sectors represented: Farmer organizations


representatives • Youth represented through
• Agricultural labor agricultural labor sector
• Industrial labor

⭐ Each sector gets 4 reps (regional allocation)


⭐ Youth gets 2 additional national reps
Sec. 27 Scope of sectors ⭐ Agricultural labor → farmers, tenants, A 23-year-old student leader
fisherfolk, settlers qualifies under youth sector

⭐ Industrial labor → non-agricultural workers


⭐ Youth → persons ≤ 25 years old
Sec. 28 Selection of ⭐ Sector organizations submit nominees Labor federation submits
sectoral reps nominees → President
⭐ President appoints from nominees appoints sectoral legislator

⭐ Ministers certify most representative


organizations

⭐ Sectoral reps enjoy same rights and duties as


regular members

⭐ Important Exam Highlights


🔴 Special Election Rule
Vacancy must be 18 months or more before the next election — otherwise, no special election.

🔴 At-Large Voting
Unlike district-only voting today, multiple representatives may be elected by province-wide voting.

🔴 Sectoral Representation (Historical)


This is the conceptual predecessor of the party-list system under the 1987 Constitution.

Illustrative Bar-Type Scenario

A new province is created one year before the election.

👉 It is entitled to at least one representative, but apportionment cannot be adjusted within


120 days before the election.

ARTICLE IV - ELECTION OF LOCAL OFFICIALS

Section Topic Key Points / Highlights Example Scenario

Sec. 29 Regular election of ⭐ Held nationwide on scheduled election day A mayor elected in May assumes
local officials office June 30 and continues
⭐ Officials assume office June 30 following serving until replacement
election qualifies
⭐ Term lasts until successors are elected and
qualified (hold-over principle)

⭐ Incumbents whose term expired earlier


continued until June 30 and cannot be
removed without just cause

Sec. 30 Component vs Highly ⭐ Component city voters may vote for Voters in a component city vote
Urbanized Cities (HUC) provincial officials for governor; voters in a highly
urbanized city do not
⭐ HUC voters cannot vote for provincial
officials

⭐ No city may be converted into HUC within


90 days before election (prevents electoral
manipulation)

Hold-Over Doctrine

An elected official continues performing duties until successor is elected and qualified,
preventing vacancy.

🔴 Component City vs Highly Urbanized City Rule


City Type Vote for Provincial Officials?

Component City ✅ YES


Highly Urbanized City ❌ NO

🔴 90-Day Conversion Prohibition


A city cannot be converted into an HUC close to elections to avoid:

●​ manipulation of voting population​

●​ unfair advantage in provincial elections​

💡 Illustrative Bar Scenario


A city becomes highly urbanized 60 days before elections.

👉 Conversion cannot take effect for election purposes because of the 90-day prohibition.

ARTICLE V — REGIONAL ASSEMBLY (SANGGUNIANG PAMPOOK)

Section Topic Key Points / Highlights Example Scenario

Sec. 31 Composition of the ⭐ Applies to Region IX and Region XII After elections, indigenous

⭐ 27 members total
Sangguniang Pampook communities are
unrepresented → President
✔ 17 elective provincial/city representatives appoints additional sectoral
✔ 3 sectoral reps (youth, agricultural, representatives
industrial labor)
✔ President may appoint 7 additional reps if
sectors are underrepresented

⭐ Qualifications same as national legislators


Sec. 32 Apportionment of seats ⭐ Seats distributed among provinces and Zamboanga del Sur receives
cities within each region more seats than Basilan due

⭐ Ensures territorial representation


to population and territorial
size
Sec. 33 Election of provincial ⭐ Candidates voted at large by voters of each If a province has 4 seats, the
representatives province/city top 4 candidates with

⭐ Top vote-getters corresponding to allocated


highest votes are elected

seats win

Sec. 34 Selection of sectoral ⭐ Appointed by President within 30 days A youth leader nominated by
representatives from assembly convening sector organizations is

⭐ Based on recommendation and consultation


appointed; a losing
candidate cannot be used as
with sector organizations substitute

⭐ Sectoral reps have same rights and


privileges as elected members

❗ Defeated candidates cannot be appointed as


sectoral reps

Sec. 35 Filling of vacancy ⭐ President fills vacancy upon assembly A representative from Sulu
recommendation resigns → replacement must

⭐ Replacement must come from same


also be from Sulu

province or sector

Sec. 36 Term of office ⭐ Transitional members served until June 30, A member elected in 1986
1986 serves only four years due to

⭐ 1986 elected members → 4-year term


transitional setup

⭐ 1990 elected members → 6-year term


⭐ Removal governed by assembly rules and
law

⭐ Important Exam Concepts


🔴 Mixed Representation System
The Sangguniang Pampook combined:

●​ territorial representation​

●​ sectoral representation​

●​ presidential appointments​

This reflects an early attempt at regional autonomy and sectoral inclusion.


🔴 Restriction on Appointing Defeated Candidates
A losing candidate cannot be “rescued” through sectoral appointment — prevents circumvention of
electoral will.

🔴 Vacancy Replacement Rule


Replacement must preserve:

✔ territorial balance​
✔ sectoral representation

💡 Illustrative Bar Scenario


A youth sector seat becomes vacant.

👉 The President may appoint a replacement only from the youth sector, not from another
province or sector.

ARTICLE VI - ELECTION OF BARANGAY OFFICIALS

Section Topic Important Points (Bar-worthy) Example

Sec. 37 Regular election ⭐ Held 2nd Monday of May 1988 and Barangay election held May 2025
every 6 years thereafter → winners assume June 30,

⭐ Assumption: June 30
2025.

⭐ Term: 6 years until successor qualified


Sec. 38 Conduct of elections ⭐ Non-partisan election A candidate cannot run as “Party

⭐ No political party support allowed


X candidate,” but relatives may
help campaign.

⭐ Family within 4th civil degree and


limited campaign staff allowed
⭐ Freedom of individuals to support
candidate preserved

Sec. 39 Certificate of Candidacy ⭐ Must file sworn COC A public school teacher files COC

⭐ Filed with barangay secretary


for kagawad → deemed resigned.

(ministerial duty)

⭐ If refusal → file with election registrar


⭐ Candidates from government service →
automatic resignation

Sec. 40 Board of Election Tellers ⭐ Created 10 days before election Teacher Maria serves as chair

⭐ Composition: 1 teacher (chair) + 2 voters


and supervises voting in precinct.

⭐ Cannot be incumbent officials or


relatives of candidates

⭐ Duties: supervise election, count votes,


prepare report

Sec. 41 Registration of voters ⭐ Registration conducted 7 days before A voter challenges another’s
election residency → board decides

⭐ Challenges resolved same day


immediately.

⭐ Final list posted 2 days before election


Sec. 42 Polling places ⭐ Preferably public schools/public Barangay hall used as polling
buildings place because it is accessible.

⭐ If none → private building allowed (with


restrictions)

⭐ Must be centrally located and safe


Sec. 43 Official ballots ⭐ Provided by city/municipality A ballot lacking signatures is

⭐ Must be authenticated by tellers and


invalid and not counted.

watchers

⭐ Unauthenticated ballot = spurious


Sec. 44 Ballot boxes ⭐ Provided by COMELEC Candidate installs personal

⭐ Candidates may provide padlocks


padlock to secure ballot box.

Sec. 45 Postponement / failure ⭐ Grounds: violence, terrorism, force Election postponed due to armed
of election majeure, etc. conflict → COMELEC resets

⭐ Requires verified petition + hearing


election date.

⭐ Special election within 30 days after


cause ceases
Sec. 46 Barangay Board of ⭐ Created 7 days before election Board tallies votes and proclaims

⭐ Composed of senior teacher + 2 teachers


Canvassers punong barangay winner.

⭐ Proclaims winners and prepares


certificate

⭐ If only 1 precinct → tellers also


canvassers

Sec. 47 Campaign activities ⭐ Barangay assembly must be convened Candidates present their
for joint candidate appearance platforms in barangay assembly

⭐ Helps voters evaluate candidates


debate.

Sec. 48 Watchers ⭐ Each candidate may appoint 2 watchers Candidate assigns watcher to
per precinct monitor counting process.

⭐ Watchers receive election results copy


Sec. 49 Inclusion & exclusion ⭐ Jurisdiction: MTC/MeTC Voter excluded from list files case

⭐ Appeal to RTC within 24 hours


cases → RTC resolves before election
day.

⭐ Must be resolved before election


Sec. 50 Funding ⭐ Local governments fund election Municipality funds printing of
expenses and paraphernalia ballots and polling booths.

Sec. 51 Penalties ⭐ Violations = election offenses punishable Candidate receiving political


under election laws party funding may face
prosecution.

⭐ Core Characteristics of Barangay Elections


●​ Non-partisan​

●​ Teacher-led election administration​

●​ Strict residency and voter listing rules​

●​ COMELEC supervision​

(Handled by the Commission on Elections)

⚖️ Common Bar Questions


1. Why non-partisan?
👉 To avoid national political party influence and preserve grassroots democracy.
2. Why teachers as election officers?

👉 Considered neutral, credible, and accessible.


3. Effect of filing COC by government employee?

👉 Automatic resignation rule applies.

ARTICLE VII - THE COMMISSION ON ELECTIONS

Sec. Topic Important Highlights (Bar-worthy) Example

52 Powers & functions ⭐ COMELEC has exclusive charge of enforcement and COMELEC deputizes police
administration of election laws to secure polling places in
an election hotspot.
⭐ May supervise officials & law enforcement
⭐ May deputize AFP, NBI, police
⭐ Can issue subpoenas, punish contempt
⭐ Decisions prevail over other agencies (except Supreme
Court)

⭐ Can adopt election technology


⭐ Accredits citizens’ arms & conducts voter education
53 Field offices ⭐ Regional Office The election registrar
implements voter
⭐ Provincial Office registration rules in a
municipality.
⭐ City/Municipal Office
⭐ COMELEC may delegate powers to field heads
54 Qualifications of field ⭐ Must be members of the Philippine Bar A lawyer is appointed
officials provincial election
⭐ Exception: election registrar may be non-lawyer if no supervisor.
lawyer available (except cities & capitals)

55 Office space ⭐ Local government must provide office space Municipality fails to
provide office → registrar
⭐ If LGU fails → COMELEC may lease space charged to rents building paid by LGU
LGU funds.

56 Changes in field ⭐ COMELEC may reassign personnel during election Registrar transferred to
assignments period another town because
sibling is running for
⭐ No demotion or tenure impairment mayor.

⭐ No reassignment within 30 days before election


(except for cause)

⭐ No assignment where officer is related to candidate


within 4th degree

57 Measures to ensure ⭐ COMELEC may issue search warrants COMELEC orders removal
enforcement of illegal oversized
⭐ Stop illegal propaganda campaign posters.

⭐ Audit campaign finances


⭐ May seek assistance of COA, BIR, AFP, etc.
58 Disqualification of ⭐ Subject to judicial ethics A commissioner inhibits
commissioners from a case involving a
⭐ Cannot sit in cases with bias or conflict close relative candidate.

⭐ Written objection allowed


⭐ If no quorum → appellate justice designated to sit
59 Publication of ballots ⭐ COMELEC must publish number of ballots and Newspaper publishes list
printers at least 10 days before election of ballot printers before
election day.

⭐ 1. COMELEC’s Constitutional Independence


COMELEC exercises quasi-judicial, executive, and administrative powers in election matters.
👉 Its orders prevail over other agencies except the Supreme Court.

⭐ 2. Deputization Power (Very important)


COMELEC may deputize:
●​ Armed Forces​

●​ Police​

●​ NBI​

●​ Other government agencies​

👉 To secure free, orderly, honest elections

⭐ 3. Citizens’ Arm Function


COMELEC may accredit civic organizations (e.g., poll watchdog groups) to:
●​ monitor elections​

●​ assist voter education​

●​ report violations​

⭐ 4. Financial Investigation Power


COMELEC may inspect campaign finances to prevent:
●​ overspending​

●​ illegal contributions​

●​ vote buying​

Typical Bar Questions


✔ Can COMELEC override executive agencies in election matters?
👉 YES — except Supreme Court rulings.
✔ Can COMELEC deputize the military?
👉 YES, when necessary to prevent election violence.
✔ Can a commissioner decide a case despite bias?
👉 NO — must inhibit under judicial ethics.

AN ACT PRESCRIBING THE MANNER OF FILLING A VACANCY IN THE CONGRESS OF THE


PHILIPPINES

REPUBLIC ACT NO. 6645, December 28, 1987


Section Key Provision Important Details / Highlights Example / Illustration

SEC. 1 Circumstances for - Vacancy arises in Senate ≥ 18 months before If a Senator resigns 2 years
special election the next regular election; in House ≥ 1 year before the next election, the
before next regular election. Senate passes a resolution;

- COE conducts a special election upon receipt COMELEC then calls a special
of resolution from Senate/House certifying election. The winner serves only
vacancy. the remaining term.

- If Congress is in recess, the President of the


Senate or Speaker of the House can
communicate the vacancy directly.

- Elected official serves only unexpired term.

SEC. 2 Fixing date of special - COMELEC sets special election date 45–90 If a House seat becomes vacant
election days after resolution/communication. in January and a general election
is scheduled in April, the special
- If a general election is scheduled within this election is conducted together
period, the special election is held with the April election.
simultaneously.

SEC. 3 Publication and notice - COMELEC sends copies of the resolution to In Cebu City, the resolution is
Provincial or City Treasurers. posted in the city hall, markets,
and polling precincts to notify
- Treasurers must post at least 3 copies in voters of the upcoming special
conspicuous places in each election precinct, election.
polling places, public markets, and municipal
buildings.

SEC. 4 Effectivity - Act takes effect upon publication in the If published on March 1, 2026,
Official Gazette or at least 2 newspapers of the act becomes effective
general circulation. immediately from that date,
allowing COMELEC to act on any
vacancies.

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