PBA vs.

COMELEC AUTHOR:
G.R. No. Date 140 SCRA 455 (1985) Notes:
TOPIC: The 1986 Provisional Constitution
PONENTE:
FACTS:
1. A number of petitions assailing the validity of B.P Blg. 883 calling for a special election for a
President and Vice-president on February 7, 1986.
2. Marcos gave a conditional resignation where he shall vacate the position only when a winner
has been proclaimed and qualified by taking his oath 10 days after the proclamation.
3. The unified opposition, rather than insist on strict compliance with the cited constitutional
provision that the incumbent President actually resign, vacate his office and turn it over to the
Speaker of the Batasang Pambansa as acting President, their standard bearers have not filed
any suit or petition in intervention for the purpose nor repudiated the scheduled election. They
have not insisted that President Marcos vacate his office, so long as the election is clean, fair
and honest

ISSUE(S):
Is the B.P Blg. 883 unconstitutional?

HELD/RATIO:
The Court failed to have 10 votes to declare B.P. Blg. 883. Unconstitutional.
Whereas the original issue on B.P Blg. 883s constitutionality, the issue has now transformed
into a political question where only the sovereign people can decide in a fair, clean and honest
election. As such, the Court dismissed the petitions and denied their prayers of prohibition.