Law Summary
Timing and Scheduling of Special Elections
- COMELEC sets the special election date.
- The election date must be not earlier than 45 days and not later than 90 days from the resolution or communication.
- If a general election falls within this period, the special election must be held simultaneously with the general election.
Publication and Distribution of Election Resolution
- COMELEC distributes copies of the resolution specifying the vacancy and call for special election.
- Copies are sent to Provincial or City Treasurers of affected provinces or cities.
- Treasurers are tasked to publish the resolution locally through:
- Posting at least three copies in conspicuous places in each election precinct.
- Posting in polling places and public markets.
- Posting in municipal buildings.
Effectivity of the Act
- The Act takes effect upon publication in the Official Gazette or in at least two newspapers of general circulation.
Key Offices and Authorities Involved
- Senate or House of Representatives: certify vacancies and call for special elections.
- Commission on Elections: conduct special elections and fix election dates.
- President of the Senate or Speaker of the House: may officially communicate vacancies during congressional recess.
- Provincial/City Treasurers: responsible for local publication of the resolution.
Legal Impact
- Provides a clear and regulated process to fill vacancies in Congress promptly.
- Ensures continuity of representation and legislative function.
- Prevents prolonged vacancies in Congress by mandating special elections within specific time frames.
- Limits the service period of elected replacements to the unexpired term only.