Question & AnswerQ&A (Republic Act No. 6645)
Republic Act No. 6645 prescribes the manner of filling a vacancy in the Congress of the Philippines.
A special election must be held if a vacancy arises in the Senate at least eighteen (18) months before the next regular election for Members of Congress.
A special election must be held if a vacancy arises in the House of Representatives at least one (1) year before the next regular election for Members of Congress.
The Senate or the House of Representatives, as the case may be, certifies the existence of a vacancy and calls for a special election via a resolution.
If Congress is in recess, an official communication on the existence of the vacancy and call for a special election by the President of the Senate or the Speaker of the House of Representatives is sufficient for the purpose.
The Commission on Elections (COMELEC) holds the special election to fill the vacancy.
The elected Senator or Member of the House of Representatives will serve only for the unexpired term of the vacancy.
The special election date must be fixed not earlier than forty-five (45) days nor later than ninety (90) days from the date of the resolution or communication.
If a general election is scheduled within that period, the special election shall be held simultaneously with the general election.
COMELEC must send copies of the resolution to the Provincial or City Treasurer, who must publish it by posting at least three copies in conspicuous places in each election precinct, polling places, public markets, and municipal buildings.
This Act took effect upon its publication in the Official Gazette or in at least two newspapers of general circulation.