QuestionsQuestions (Republic Act No. 6645)
RA 6645 applies when a vacancy arises in the Senate at least eighteen (18) months, or in the House of Representatives at least one (1) year, before the next regular election for Members of Congress.
The Commission on Elections (COMELEC) calls the special election upon receipt of a resolution of the Senate or the House certifying the existence of the vacancy and calling for a special election.
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 by the Speaker of the House (as the case may be) is sufficient for COMELEC.
It depends on the chamber: Senate vacancies must occur at least 18 months before the next regular election; House vacancies must occur at least 1 year before.
COMELEC shall fix the date of the special election not earlier than forty-five (45) days nor later than ninety (90) days from the date of the resolution or communication.
The special election shall be held simultaneously with the scheduled general election.
COMELEC must state, among other things, the office or offices to be voted for.
The treasurer must publish the resolution by posting copies in each election precinct and in specified public places/buildings, ensuring proper local publication.
By posting at least three (3) copies in as many conspicuous places in each election precinct, and a copy in each polling place and public market, and in municipal buildings.
COMELEC must send copies of the resolution in a number sufficient for due distribution and publication to the Provincial or City Treasurer of each province or city concerned.
The Senator or Member of the House elected shall serve only for the unexpired term.
The special election replaces the vacancy only for the unexpired term, not for a full new term.
It takes effect upon its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
The President of the Senate or the Speaker of the House of Representatives, depending on which chamber has the vacancy.
The statute balances timely representation with electoral practicality by requiring that the vacancy occurs sufficiently long before the next regular election to justify a special election.