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In Case of Vacancy in The Senate or in The House of Representatives
In Case of Vacancy in The Senate or in The House of Representatives
1. Elections
2. Plebiscite Sec 4, RA 7166 provides for instances where there is a
3. Initiative and Referendum vacancy in the House of Representatives or Senate, within one
4. Recall year before expiration of the term of the incumbent sought to
be replaced.
COMELEC has the power to enforce all these activities and
implement all laws, rules, and regulations relative to the However, specifically under Art. VI, Sec 9 of the Constitution,
conduct of these forms of popular intervention. with respect to the Senate, in case there is a vacancy in the
Senate, the special election shall be held simultaneously with
the next succeeding regular elections.
ELECTIONS
c. Article VII, Section 10 of the 1987 Constitution
KINDS OF ELECTIONS: provides for special elections when there is a vacancy
in the Office of the President and Vice President, with
1. Regular Elections the limitation that no special election shall be called if
2. Special Elections the vacancy occurs within eighteen months before the
3. Manual Elections date of the next presidential election.
4. Automated Elections
d. Special elections may also be called by the
COMELEC in case there is postponement,
1. REGULAR ELECTIONS – It refers to the elections regularly suspension, or failure of elections, as declared by the
held every three years, as set by law. COMELEC, in accordance with Section 5, 6, and 7 of
the Omnibus Election Code.
2. SPECIAL ELECTIONS – Unlike regular elections, special
elections are not conducted regularly but are undertaken to Lucero vs. COMELEC
supply a vacancy in a particular office before the expiration of G.R. No. 113107 | July 20, 1994
the full term for which the incumbent was elected.
FACTS: The petitioners were two of the five candidates for
Instances where special elections are called: the Second Legislative District of Northern Samar in the
synchronized national and local elections held on 11 May
a. In case of vacancy in the Senate or House of 1992.
Representatives.
The canvass of the Provincial Board of Canvassers of
Northern Samar credited Jose L. Ong, Jr. with 24,272 votes
Q: Pursuant to the Constitution and the amendatory law, and Wilmar P. Lucero with 24,068 votes, or a lead by Ong of
Sec 4, RA 7166, in case of vacancy in the Senate or House 204 votes. However, this tally did not include the results of
of Representatives, when can the COMELEC call for Precinct No. 7 of the municipality of Silvino Lobos, where the
special elections? submitted election returns had not been canvassed because
they were illegible; of Precinct No. 13 of Silvino Lobos,
A: Not earlier than 60 days nor longer than 90 days after the where the ballot boxes were snatched and no election was
occurrence of the vacancy. held; and of Precinct No. 16, also of Silvino Lobos, where all
copies of the election returns were missing.
Sec 4, RA 7166. Postponement, Failure of Elections and Lucero asked the COMELEC, among others, to Order a
Sepcial Elections. In case a permanent vacancy shall occur special election in Precinct 13. On 7 January 1994,
in the Senate or House of Representatives at least one (1) COMELEC en banc promulgated a resolution which
year before the expiration of the term, the Commission provides an Order calling for a special election in the last
shall call and hold a special election to fill the vacancy not remaining Precinct No. 13
earlier than sixty (60) days nor longer than ninety (90) days
after the occurrence of the vacancy. However, in case of ISSUE: Whether the COMELEC acted with grave abuse of
such vacancy in the Senate, the special election shall be discretion in calling for a special election in Precinct No. 13
held simultaneously with the succeeding regular election. after almost two (2) years, or more specifically after one (1)
year and ten (10) months, following the day of the
synchronized elections.
b. Another instance where the COMELEC may call
special elections is pursuant to Article VI, Sec 9 of the RULING: No, the two requirements for a special election
1987 Constitution. under Section 6 of the Omnibus Election Code have
been met.
year and a half from the date of the election not held was
In fixing the date of the special election, the COMELEC raised before the Supreme Court.
should see to it that: (1) it should be not later than thirty days
after the cessation of the cause of the postponement or
suspension of the election or the failure to elect, and (2) it The Supreme Court said that even if the special election was
should be reasonably close to the date of the election not called beyond the 30-day period as required by law, the calling
held, suspended, or which resulted in failure to elect. The of a special election in this particular case, which was one year
first involves questions of fact. The second must be and a half after the cessation of the cause, was not due to the
determined in the light of the peculiar circumstances of a electorate. It was not the electorate’s fault, but due to the fault
case. of the lawyers of both parties who caused delays, and which
delays took one year and a half to settle.
In the instant case, the delay was not attributable to the poor
voters of Precinct No. 13 or to the rest of the electorate of Even if it was held more than one year and a half from the date
the Second Legislative District of Northern Samar. The delay of the cessation of the cause, it can still be considered a date
was, as stated in the opening paragraph of this ponencia, reasonably close to the date of the elections not held because
primarily caused by the legal skirmishes or maneuvers of the it was not the fault of the electorate. Otherwise, the electorate
petitioners which muddled simple issues. will be disenfranchised.
Considering then that the petitioners themselves must share 3. MANUAL ELECTIONS – It means the manual and
the blame for the delay, and taking into account the fact that mechanical casting of votes, counting, and canvassing stages
since the term of office of the contested position is only three which involve the following:
years, the holding of a special election in Precinct No. 13
within the next few months may still be considered
a. The use of write-in ballots wherein the voter writes in
“reasonably close to the date of the election not held.”
the ballot during the casting of the ballot
b. The direct reading and manual tallying of votes in
multiple copies of election returns. It is the Board of
DISCUSSION Election Inspectors (BEI) who reads the ballots for
purposes of tallying it.
Specifically, significant is the case of Lucero vs COMELEC
wherein the SC said that in the calling of a special elections or 10:00-19:28 (PAHM)
in fixing the date of special elections, the COMELEC should
see to it that: c. The manual addition of results in Statement of Votes
(SOVs) and the Certificates of Canvass (COCCs)
● The special election should be held not later than
thirty days after the cessation of the cause of the
postponement or suspension of the election or the Election Returns (ER) Statements of Votes (SOV)
failure to elect by precincts
● The special election should be called on the date
reasonably close to the date of the election not held,
suspended, or which resulted in failure to elect. It is the result of the votes -collated ERs in a tabulated
cast in a particular precinct form by the canvassing body
Q: What is the difference between the two instances
where the COMELEC may call special elections? Is the
first related to the second? Or should it concur together? It is submitted to the -summary of the votes cast
What does “a date reasonably close to the date of the canvassing body after the in the precincts within the
election not held” mean? counting is completed and territorial jurisdiction.
after the results of the
A: In the first instance, it is merely a matter of mathematical election in the particular
computation. The COMELEC may, in case of postponement or precinct has been
failure of elections, call special elections within 30 days from announced to the public.
the cessation of the cause. If due to a force majeure, for
example the election was postponed or suspended on May 1, Certificates of Canvass—is the result of who won in that
or there is a failure of elections declared on May 1, so the particular election. The Board of Canvassers will prepare this
COMELEC will just count 30 days from that date. document wherein they will rank from highest to lowest all the
candidates in a particular position based on the votes that they
On the second instance, the phrase “reasonably close to the garnered.
date of the election not held” is based on the circumstances
attending the situation as to why the COMELEC was not able 4. AUTOMATED ELECTION SYSTEM (AES) – a system using
to call a special election within 30 days. appropriate technology which has been demonstrated (limited
to the ff.) in the voting, counting, consolidating, canvassing,
Q: What would serve as basis for a date reasonably close and transmission of election result, and other electoral
processes. (Sec. 2, RA 9369, The Automated Election System
to the date of the election not held?
Law, As Amended)
A: In the case of Lucero vs. COMELEC, the special election Although there are three phases in the Electoral Process—pre-
was called one year and a half after the election not held, election, election proper and post-election, the AES does not
which is more than the 30-day period within which to call a start from the pre-election phase. The AED is mostly part of
special election. The fact that the special election was held one election proper and post-election phase because it is limited to
voting, counting, consolidating, canvassing, and transmission
of election results, and other electoral processes. Constitution, more specifically, Art. X, Section 10, the
creation, division, merger, abolition or alteration of the
boundaries of any political unit shall be subject to the
approval by a majority of the votes cast in a Plebiscite in
PLEBISCITE the “POLITICAL UNITS AFFECTED”.
Petitioner Gov. of Camarines Norte in a Special Civil On October 23, 1989, Republic Act No. 6766, entitled “AN
Action for Certiorari, sought to set aside the Plebiscite ACT PROVIDING FOR AN ORGANIC ACT FOR THE
asserting that it was a complete failure and that the CORDILLERA AUTONOMOUS REGION” was enacted into
results obtained were invalid and illegal because the law. Pursuant to said law, the City of Baguio and the
Plebiscite as mandated by COMELEC Res. No. 2312 Cordilleras which consist of the provinces of Benguet,
should have been conducted only in the political unit or Mountain Province, Ifugao, Abra and Kalinga-Apayao, all
units affected (which is the 12 barangays and should not comprising the Cordillera Autonomous Region, shall take
have included the mother unit of the Municipality of part in a plebiscite for the ratification of said Organic Act.
Labo.)
The Commission on Elections promulgated Resolution No.
2167 which Sec. 19 thereof provides the prohibition on
HELD: We rule that respondent COMELEC did not
columnists, commentators or announcers from using his
commit grave abuse in promulgating Resolution No. 2312
column or radio or television time to campaign for or against
and that the plebiscite, which rejected the creation of the
the plebiscite issues.
proposed Municipality, is valid.
With the approval and ratification of the 1987 It is alleged by petitioner Pablito V. Sanidad, who claims to
plebiscite, only the law creating the Autonomous
Region.
be a newspaper columnist, that said provision is void and ● Unlike in regular elections where there are
unconstitutional because it violates the constitutional candidates. In such a scenario, the COMELEC has to
guarantees of the freedom of expression and of the press exercise its power to regulate and supervise the
enshrined in the Constitution. media to afford an opportunity to all candidates – rich
and poor.
ISSUE: WON Section 19 of Comelec Resolution No. 2167 is
unconstitutional.
City of Pasig vs COMELEC
RULING: Yes, Section 19 of Comelec Resolution No. 2167 G.R. No. 125646| 10 September 1999
is unconstitutional.
FACTS: These are two petitions which question the
It is clear from Art. IX-C of the 1987 Constitution that what propriety of the suspension of plebiscite proceedings
was granted to the Comelec was the power to supervise and pending the resolution of the issue of boundary disputes
regulate the use and enjoyment of franchises, permits or between the Municipality of Cainta and the City of Pasig.
other grants issued for the operation of transportation or
other public utilities, media of communication or information On April 22, 1996, upon petition of the residents of
among candidates are ensured. The evil sought to be Karangalan Village that they be segregated from its mother
prevented by this provision is the possibility that a franchise Barangays Manggahan and Dela Paz, City of Pasig, and to
holder may favor or give any undue advantage to a be converted and separated into a distinct barangay to be
candidate in terms of advertising space or radio or television known as Barangay Karangalan, the City Council passed
time. This is also the reason why a “columnist, commentator, and approved Ordinance No. 21, Series of 1996, creating
announcer or personality, who is a candidate for any elective Barangay Karangalan in Pasig City. Plebiscite on the
office is required to take a leave of absence from his work creation of said barangay was thereafter set for June 22,
during the campaign period (2nd par. Section 11(b) R.A. 1996. Meanwhile, on September 9, 1996, the City of Pasig
6646). similarly issued Ordinance No. 52, Series of 1996, creating
Barangay Napico in Pasig City. Plebiscite for this purpose
However, neither Article IX-C of the Constitution nor Section was set for March 15, 1997.
11(b), 2nd par. of R.A. 6646 can be construed to mean that
the Comelec has also been granted the right to supervise Immediately upon learning of such Ordinances, the
and regulate the exercise by media practitioners themselves Municipality of Cainta moved to suspend or cancel the
of their right to expression during plebiscite periods. Media respective plebiscites scheduled and filed two Petitions with
practitioners exercising their freedom of expression during the Commission on Elections. In both Petitions, the
plebiscite periods are neither the franchise holders nor the Municipality of Cainta called the attention of the COMELEC
candidates. In fact, there are no candidates involved in a to a pending case before the Regional Trial Court of
plebiscite. Antipolo, Rizal, Branch 74, for settlement of boundary
dispute.
Plebiscite issues are matters of public concern and
importance. The people’s right to be informed and to be In the case of Brgy. Karangalan, the COMELEC accepted
able to freely and intelligently make a decision would be the position of the Municipality of Cainta and ordered the
better served by access to an unabridged discussion of plebiscite on the creation of the said barangay to be held in
the issues, including the forum. The people affected by abeyance until after the court has settled with finality the
the issues presented in a plebiscite should not be boundary dispute. The COMELEC, however, ruled
unduly burdened by restrictions on the forum where the differently in the case of Brgy Napico, dismissing the Petition
right to expression may be exercised. Comelec spaces for being moot in view of the holding of the plebiscite as
and Comelec radio time may provide a forum for expression scheduled on March 15, 1997 where the creation of
but they do not guarantee full dissemination of information to Barangay Napico was ratified and approved by the majority
the public concerned because they are limited to either of the votes cast therein.
specific portions in newspapers or to specific radio or
television times ISSUE: WON the plebiscite in the creation of Barangay
Karangalan be held in abeyance.
Therefore, Section 19 of Comelec Resolution No. 2167 has
no statutory basis. RULING: Yes the plebiscite on the creation of Barangay
Karangalan should be held in abeyance
On appeal, COMELEC en banc affirmed the ruling of the The COMELEC is vested with the power to enforce and
second division that they do not have jurisdiction. SO the implement all laws relative to elections, plebiscites etc.
COMELEC en banc ruled in justifying the affirmation, they The Supreme Court went further on defining the word
cannot use their power and administer all laws relative to
‘enforce’. To enforce means to cause, to take effect, or to
the plebiscite because that is administrative in nature as its
power is administrative and not quasi judicial in nature. So, cause the performance of such act or acts necessary to
COMELEC en banc concluded that jurisdiction to annul bring into actual effect or operation, a plan or measure which
Taguig plebiscite is lodged with the RTC under Sec 19 par 6 entails all the necessary and incidental power for it to
of Batas Pambansa 129 which states that the RTC have achieve the holding of an honest, orderly, peaceful, free and
exclusive original jurisdiction in cases not within the credible elections (HOPE FRECRE).
exclusive jurisdiction of any court or body exercising judicial
or quasi judicial function. Therefore, this petition was
brought to the SC by Buac et.al. The Supreme Court was surprised because for the first time,
the COMELEC yielded its historic jurisdiction over a motion
which is not even verified. In fact, it was even filed out of
time, saying they had no jurisdiction over the same
INITIATIVE
What is Judicial Power? The SC defined Judicial Power
The law was created through the law-making power that
under section 1 Article VIII of the Constitution pertaining to
belongs to the people. It is the people who crafted and
the duty of the court of justice to settle actual controversies
prepared the law without the intervention of the legislative
involving rights which are legally demandable and
department. This is the people power features of our
constitution
CLASSES OF INITIATIVE
1. Initiative on the Constitution
2. Initiative on statutes
Take note of the case of Santiago, Raul Lambino, and the case
of Subic Bay
[ma’am asked about the class election and talked about the
recitations]