Special elections to fill vacant seats in Congress may be conducted by the Commission on Elections even in the absence of a congressional resolution.

In a ruling released to the public on Wednesday ( July 16), the Supreme Court dismissed a petition filed by Elroy John Hagedorn to direct the House of Representatives to officially declare a vacancy in the 3rd District of Palawan and call for a special elections.

He referred to the seat that was left vacant as a result of the death on October 3, 2023 of Rep. Edward S. Hagedorn, who was elected a year earlier.

Te decision promulgated on April 22, 2025 stated that Congress cannot be forced to pass the resolution certifying the vacancy and calling for a special elections.

Although the petition had been considered moot as a result of the May 2025 elections, the SC nonetheless issued a ruling denying the petition, stressing that Congress cannot be forced to adopt a resolution that will certify the vacancy and call for special election.

Still, the High Court ruled that under Republic Act No. 6645 or the Act Prescribing the Manner of Filling a Vacancy in Congress, the Comelec may only conduct a special election if it has received an official resolution from either the Senate or the Lower House certifying the vacancy and requesting the election.

According to the SC, this requirement had been removed by Republic Act No. 7166 or the Act Providing for Synchronized National and Local Elections and for Electoral Reforms.

RA 7166 grants the Comelec the authority to conduct the elections even without congressional action.

“In the exercise of this duty, the Comelec is not beholden to any certification, call, or any positive act from the House of Representatives,” said the SC in a decision written by Associate Justice Ramon Paul Hernando

Further, the High Court stressed that under the new law, if a seat becomes vacant one year before the end of the term, Comelec is mandated to conduct a special election within 60 to 90 days from such vacancy.