List of special elections in the Philippines

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This is a list of special elections in the Philippines. The Philippines holds two types of special elections: those that were supposed to be held on election day but were delayed, and those held after an office has become vacant. This article describes the second type, which is also known outside the Philippines and the United States as "by-elections". This includes special elections to Congress and its predecessors—the Philippine Legislature, the National Assembly of the Philippines, the Commonwealth Congress, and the Batasang Pambansa—as well as to local legislatures and executive offices, if applicable.

Most special elections are for vacancies in Congress. The last special election of any sort was held in Cavite's 7th congressional district on February 25, 2023, to elect the successor of Jesus Crispin Remulla, who vacated his post to become Secretary of Justice.

Scheduling

American era

The Philippine Commission, by then the highest civil authority outside the Governor-General, in the Insular Government of the Philippine Islands, passed Act No. 1582 or the "Election Law" on January 9, 1907. It specifies that for any vacancies in the Philippine Assembly, it shall be determined by a special election set by the Governor-General that shall be not be less than 40 days, but not more than 90 days, from the date of proclamation.

For provincial officials, the Governor-General shall call for a special election. For municipal officials, if the office of municipal president is vacated, the municipal vice president shall be filled by the vice-president, if there is one. For other municipal officials, it shall be appointed by the provincial board.

The same law specified that once convened, the Philippine Assembly shall be the lower house of the bicameral Philippine Legislature, with the Philippine Commission being the upper house.

Act No. 2045, enacted by the Philippine Legislature on February 3, 1911, struck out the provision on the prohibition of filling up vacancies on the Philippine Assembly a year before its term ends.

The Tydings–McDuffie Act transformed the Insular Government to the Commonwealth of the Philippines. A constitution was then approved, replacing the Philippine Legislature with the unicameral National Assembly. The National Assembly then passed Commonwealth Act No. 21 that governed special elections. It stated that vacancies that occur 10 months before the term expires shall have special elections.

Third Republic era

The United States granted independence to the Philippines on July 4, 1946.

In Republic Act (R.A.) No. 180, or the Revised Election Code of 1947, if a vacancy in either chamber of Congress occurs at least 10 months or before a regular election, the president shall call a special election as soon as the chamber where the vacancy occurred of the existence of such vacancy notified him.[1]

During the Third Republic era (1946–1972), special elections were held concurrently with Senate and local elections.

Fourth Republic era

In Batas Pambansa Bilang (B.P. Blg.; National Law No.) 881, or the Omnibus Election Code of the Philippines, approved on December 3, 1985, in case of a vacancy in the

Batasang Pambansa (National Parliament) 18 months or more before a regular election, the Commission on Elections shall call a special election to be held within sixty days after the vacancy occurs; in case parliament is dissolved, the President shall call an election which shall not be held earlier than forty-five nor later than sixty days from the date of such dissolution.[2] Several weeks earlier, President Ferdinand Marcos ordered the Batasang Pambansa to call a special snap election a year prior to the regularly-schedule election. B.P. Blg 883 called the special presidential election on the same day B.P. Blg 881 was passed. Marcos was then ousted after the People Power Revolution when it was alleged he won that election via massive election fraud. The new government headed by President Corazon Aquino restored the presidential system with a bicameral Congress
.

Fifth republic era

The constitution ratified in 1987 provided Congress to convene on the third day of the vacancy of both the presidency and vice presidency to enact a law calling for a special election for both offices, with the exception that no election will be called if the next scheduled election is 18 months away. If only one of the offices is vacant, the vice president becomes president, or the president appoints a member of Congress as vice president, with both chambers voting separately to confirm the appointment, as the case may be.[3]

Later, as stipulated in R.A. No. 6645 approved on December 28, 1987, once a vacancy occurs in the Senate at least 18 months, or in the House of Representatives at least one year, before the next scheduled election, the Commission on Elections, upon receipt of a resolution from the chamber where the vacancy occurred, shall schedule a special election. The special election will then be held not earlier than 45 days nor later than 90 days from the date of the resolution.[4]

However, R.A. No. 7166 approved on November 26, 1991, amended parts of R.A. No. 6645. When a vacancy in the House of Representatives occurs at least one year before the expiration of the term, the special election shall be held not earlier than 60 days nor later than 90 days after occurrence of the vacancy. For the Senate, if the vacancy occurs also at least one year before the expiration of the term, the special election shall be held on the day of the next succeeding regular election.[5]

With the passage of Republic Act No. 8295 in 1997, if there is only one candidate running for the position, that candidate would be proclaimed as the winner, and an election would no longer be held.[6] This is unlike in regularly scheduled elections where voting would still be held and the candidate has to get one vote in order to be elected. Since the enactment of this law, no special election has seen only one candidate.

Not all vacancies that occurred a year before the next regular election resulted in a special election. To save money, the Speaker appoints a caretaker representative from a nearby district. In same cases a caretaker representative was appointed while an election date was considered.

As with general elections, special elections are usually scheduled on a Monday. Special elections held since the 15th Congress are mostly done on Saturdays. In some cases, election days are declared as holidays.

Lack of special elections

In accordance with current laws, the decision to call a special election to fill permanent vacancies is not mandatory, and is solely at the discretion of Congress, which has received criticism for not quickly acting to fill such vacancies.[7] Despite many vacancies occurring well before a year from the end of a congressional term, Congress has left many such seats unfilled. In more extreme examples some even remained vacant for two years or more:[8]

Since the country's independence in 1946, no special elections were called during the presidencies of Carlos P. Garcia, Corazon Aquino and Joseph Estrada; the 4th Congress, during the Garcia presidency, notably did not have deaths in the lower house. During the first half of the presidency of Diosdado Macapagal, and the latter half of the presidencies of Fidel V. Ramos and Gloria Macapagal Arroyo, and from the beginning of the second presidential term of Ferdinand Marcos in 1969 until his removal from office in 1986, no special elections were called. During the presidency of Rodrigo Duterte, no special elections were ever held. In the first half of the presidency of Bongbong Marcos, at least one special election was called.

Presidential elections

Two presidential elections have been held outside of schedule. The first, which was supposed to be held in 1945, was delayed due to World War II, and was ultimately held in 1946. The second, which was supposed to be held in 1987, was held earlier than scheduled in February 1986. In both instances, the office of the presidency was not vacant.

1946 elections

Main article: 1946 Philippine presidential election

Due to the

driven into exile by World War II, the supposed general election in November 1945 were not held as scheduled. The Commonwealth government reconstituted itself in 1946 and some senators called for elections to be held right away. The United States Congress approved a joint resolution setting the date of the election on not later than April 30, 1946. The Commonwealth Congress
then enacted a law, Commonwealth Act No. 725, setting the date of the election on April 23, 1946. Like most special elections though, the winners would serve only until 1949, or as if their terms started in 1945.

Manuel Roxas defeated the incumbent Sergio Osmeña, while the former's running mate Elpidio Quirino defeated Osmeña's running mate Eulogio Rodriguez.

President

CandidatePartyVotes%
Manuel RoxasNacionalista Party (Liberal wing)[a]1,333,00653.93
Sergio OsmeñaNacionalista Party[a]1,129,99445.72
Hilario MoncadoModernist Party8,5380.35
Total2,471,538100.00
Valid votes2,471,53895.17
Invalid/blank votes125,3424.83
Total votes2,596,880100.00
Registered voters/turnout2,898,60489.59
Source: Nohlen, Grotz, Hartmann, Hasall and Santos[9]
  1. ^ a b The Nacionalista Party was split into two wings: those who supported Osmeña or the "conservative wing", and those who supported Roxas or the "liberal wing". The liberal wing eventually split off after the election and became the Liberal Party.

Vice president

CandidatePartyVotes%
Elpidio QuirinoNacionalista Party (Liberal wing)[a]1,161,72552.36
Eulogio RodriguezNacionalista Party[a]1,051,24347.38
Lou SalvadorModernist Party5,8790.26
Total2,218,847100.00
Valid votes2,218,84785.44
Invalid/blank votes378,03314.56
Total votes2,596,880100.00
Registered voters/turnout2,898,60489.59
Source: Nohlen, Grotz, Hartmann, Hasall and Santos[10]
  1. ^ a b The Nacionalista Party was split into two wings: those who supported Osmeña or the "conservative wing", and those who supported Roxas or the "liberal wing". The liberal wing eventually split off after the election and became the Liberal Party.

1986 snap elections

Main article: 1986 Philippine presidential election

In 1985, the

Batasang Pambansa called a special election for the offices of president and vice president on February 7, 1986; unlike special elections elsewhere when it was called due to a vacancy, incumbent president Ferdinand Marcos did not relinquish his office, and that the winners will serve a full six-year term, instead of the remainder of the current term. The vice presidency, which was vacant after it was restored when a constitutional amendment was approved in a 1984 plebiscite, was also at stake. Marcos and his running mate, MP from Manila Arturo Tolentino, won their respective elections against Corazon Aquino and Salvador Laurel, but allegations of massive fraud led to the People Power Revolution
a couple of weeks later that led to his ouster.

President (COMELEC)

CandidatePartyVotes%
Ferdinand MarcosKilusang Bagong Lipunan10,807,19753.62
Corazon AquinoUnited Nationalist Democratic Organization9,291,71646.10
Reuben CanoySocial Democratic Party34,0410.17
Narciso PadillaMovement for Truth, Order and Righteousness23,6520.12
Total20,156,606100.00
Valid votes20,156,60697.30
Invalid/blank votes559,4692.70
Total votes20,716,075100.00
Registered voters/turnout26,278,74478.83
Source: Annex XXXVIII of the report by the International Observer Delegation

Vice president (COMELEC)

CandidatePartyVotes%
Arturo TolentinoKilusang Bagong Lipunan10,134,13050.66
Salvador LaurelUnited Nationalist Democratic Organization9,173,10545.85
Eva Estrada KalawLiberal Party (Kalaw wing)[a]662,1853.31
Roger AriendaMovement for Truth, Order and Righteousness35,9740.18
Total20,005,394100.00
Valid votes20,005,39496.57
Invalid/blank votes710,6813.43
Total votes20,716,075100.00
Registered voters/turnout26,278,74478.83
Source: Annex XXXVIII of the report by the International Observer Delegation
  1. ^ Kalaw ran under her own wing of the Liberal Party, while the rest of party supported Laurel's candidacy.

In the official results from COMELEC that were later used by the Batasang Pambansa to proclaim the winners, Marcos and Tolentino won over Aquino and Laurel respectively, while in the unofficial results from NAMFREL, Aquino and Laurel led over Marcos and Tolentino.

House of Representatives

Since the

Third Philippine Republic
, where representatives had four-year terms, the special election was held together with the mid-term election.

A special election will not be held if the vacancy occurred less than a year before the next regularly scheduled election.

In case of deaths of appointed sectoral representatives from 1987 to 1998, the president may appoint a replacement, with the advice and consent of the Commission on Appointments.

Malolos Congress

The Malolos Constitution did not provide provisions for holding special elections to fill vacancies in the Malolos Congress.

Philippine Legislature

District Leg. Date Predecessor Political party Cause Winner Political party Retained?
Manila–1st 1st
March 30 and August 11, 1908
 Dominador Gómez Nacionalista Expelled Dominador Gómez Nacionalista Yes
Nacionalista Resigned rights to sit Justo Lukban Liga Popular No
Cavite January 19, 1909 Rafael Palma Nacionalista Appointed to the Philippine Commission Emiliano Tría Tirona Independent No
Surigao 2nd October 14, 1910 Manuel Gavieres Nacionalista Died in office Inocencio Cortes Nacionalista Yes
La Laguna–1st December 13, 1910 Potenciano Malvar Nacionalista Appointed La Laguna governor Marcos Paulino Progresista No
Batanes September 5, 1911 Teofilo Castillejos Nacionalista Died in office Vicente Barsana Progresista No
Zambales October 3, 1911 Alberto Barreto Nacionalista Appointed judge of the Rizal Court of First Instance Gabriel Alba Nacionalista Yes
Ilocos Sur–1st 3rd October 13, 1913 Vicente Singson Encarnacion Progresista Appointed to the Philippine Commission Alberto Reyes Progresista Yes
Mindoro March 26, 1914 Macario Adriatico Nacionalista Appointed member of the Code Committee Mariano Leuterio Liga Popular No
Bulacan–1st May 16, 1914 Aguedo Velarde Nacionalista Died in office Ambrosio Santos Nacionalista Yes
Cagayan–1st Cresencio Marasigan Nacionalista Election annulled Venancio Concepción Nacionalista Yes
Zambales July 22, 1914 Rafael Corpus Nacionalista Appointed Solicitor General Gabriel Alba Nacionalista Yes
Iloilo–4th August 28, 1914 Amando Avanceña Nacionalista Elected Iloilo governor Tiburcio Lutero Progresista No
Negros Oriental–2nd October 1, 1914 Teofisto Guingona Sr. Progresista Appointed
Agusan
governor 		Leopoldo Rovira Progresista Yes
Capiz–2nd October 10, 1914 Emilio Acevedo Nacionalista Died in office Simeon Dadivas Progresista No
Cebu–7th November 21, 1914 Eulalio Causing Nacionalista Resigned Tomas Alonso Nacionalista Yes
Leyte–4th September 18, 1915 Francisco Enage Nacionalista Appointed Iloilo provincial prosecutor Ruperto Kapunan Progresista No
Rizal–2nd Sixto de los Angeles Nacionalista Appointed Public Welfare Board member[11] Leandro Jabson[12] Nacionalista Yes
Cebu–3rd 4th 1916 Filemon Sotto Nacionalista Elected senator from the 10th district Vicente Urgello Nacionalista Yes
Cavite 7th August 15, 1925 Augusto Reyes Nacionalista Died in office Antero Soriano Nacionalista Yes
Nueva Ecija March 22, 1926
Isauro Gabaldon
 Nacionalista Disqualified Feliciano Ramoso Nacionalista Yes
Tayabas–2nd 8th October 6, 1928 León Guinto Nacionalista Appointed Tayabas governor Marcelo Boncan Nacionalista Yes
Cavite 1929 Antero Soriano Nacionalista Died in office Fidel Ibañez Nacionalista Yes
Albay–1st 9th September 29, 1931 Froilán Pavericio Democrata Died in office Exequiel Kare[note 1] Nacionalista No
Mindoro June 4, 1932 Mariano Leuterio Nacionalista Died in office Juan L. Luna Nacionalista Yes
Batangas–1st February 18, 1933 Antonio de las Alas Nacionalista Appointed
Secretary of Public Works and Communications
 Ramón Diokno Nacionalista Yes
Zambales April 1, 1933 Gregorio Anonas Nacionalista Appointed Undersecretary of
Public Works and Communications
 Mariano Alisangco
Independent
 No

National Assembly (Commonwealth)

District Leg. Date Predecessor Political party Cause Winner Political party Retained?
Ilocos Norte–2nd 1st September 1, 1936 Julio Nalundasan Nacionalista Died prior to taking office Ulpiano Arzadon Nacionalista Yes
Samar–2nd Serafin Marabut Nacionalista Appointed
Secretary of Budget
 Pascual Azanza Nacionalista Yes
Leyte–4th Francisco Enage Nacionalista Appointed technical adviser to President Manuel L. Quezon Norberto Romualdez Nacionalista Yes
Abra Quintín Paredes Nacionalista Elected Resident Commissioner to the United States Agapito Garduque Nacionalista Yes
Albay–3rd 2nd December 10, 1940 Pedro Sabido Nacionalista Appointed manager of the National Abaca and other Fibers Corporation Marcial O. Rañola Nacionalista Yes
Iloilo–2nd Ruperto Montinola Nacionalista Died in office Oscar Ledesma Nacionalista Yes
Leyte–5th Ruperto Kapunan Nacionalista Died in office Atilano R. Cinco Nacionalista Yes
Nueva Ecija–2nd Felipe Buencamino Jr. Nacionalista Resigned Gabriel Belmonte Nacionalista Yes

National Assembly (Second Republic)

The 1943 constitution did not provide provisions for holding special elections to fill vacancies in the National Assembly.

Commonwealth Congress

No special elections were called for the Commonwealth Congress, elected in 1941 and first met in 1945; the much-delayed elections of 1945 were held in 1946.

Congress of the Philippines

District Leg. Date Predecessor Political party Cause Winner Political party Retained?
Pangasinan–5th 1st March 11, 1947 Narciso Ramos Liberal Appointed
Minister-counsellor to the United Nations
 Cipriano Alas Liberal Yes
Bukidnon Carlos Fortich Sr. Liberal Died in office Remedios Fortich Liberal Yes
Iloilo–1st Jose Zulueta Liberal Appointed Secretary of the Interior Mateo Nonato Liberal Yes
Cebu–6th November 11, 1947 Nicolas Rafols Nacionalista Died in office Manuel Zosa Nacionalista Yes
Iloilo–4th March 23, 1948 Mariano Peñaflorida Nacionalista Elected Iloilo governor Gaudencio Dimaisip Nacionalista Yes
Leyte–1st Carlos S. Tan Liberal Elected senator Jose Martinez Liberal Yes
Rizal–2nd 2nd November 13, 1951 Emilio de la Paz Nacionalista Died in office Isaias R. Salonga Nacionalista Yes
Occidental Mindoro Raul Leuterio[note 2] Liberal Division of Mindoro province Jesus V. Abeleda Nacionalista No
Zambales Ramon Magsaysay Liberal Appointed as Secretary of National Defense Cesar Miraflor Liberal Yes
Albay–1st 3rd November 8, 1955 Lorenzo P. Ziga Liberal Died in office in a traffic accident Tecla San Andres Ziga Liberal Yes
Samar–1st Gregorio Tan Nacionalista Eladio Balite Nacionalista Yes
Negros Occidental–1st 5th November 12, 1963 Vicente Gustillo Sr. Nacionalista Died in office Armando Gustillo Nacionalista Yes
Batangas–1st Apolinario Apacible Nacionalista Died in office Luis Lopez Liberal No
Iloilo–3rd November 9, 1965 Ramon Tabiana Liberal Died in office Gloria Tabiana Liberal Yes
Davao del Sur 6th November 14, 1967 Lorenzo Sarmiento[note 3] Liberal Division of Davao province Artemio Loyola Nacionalista No
Davao Oriental Liberal Constancio P. Maglana Nacionalista No
South Cotabato Salipada Pendatun[note 4] Liberal Division of Cotabato province James L. Chiongbian Nacionalista No
Ilocos Norte–1st Antonio Raquiza Liberal Appointed Secretary of Public Works Roque Ablan Jr. Nacionalista No
Northern Samar Eladio Balite Nacionalista Died in office Eusebio Moore Nacionalista Yes
Agusan del Norte–2nd 9th August 30, 1993 Edelmiro Amante
Lakas
 Appointed Executive Secretary Edelmiro Amante
Lakas
 Yes
Capiz–1st Gerardo Roxas Jr. Liberal Died in office Mar Roxas Liberal Yes
Rizal–1st March 7, 1994 Manuel Sanchez
Lakas
 Disqualified Gilberto Duavit Sr. NPC No
Zamboanga del Norte–1st 12th August 26, 2002 Romeo Jalosjos Sr.
Lakas
 Dropped from the rolls Cecilia Jalosjos Carreon
Reporma
 No
Isabela–4th May 12, 2003 Antonio Abaya
Lakas
 Died in office Giorgidi Aggabao NPC No
Cebu–5th 13th May 30, 2005 Ace Durano
Lakas
 Appointed Secretary of Tourism Ramon Durano VI NPC No
Cagayan–2nd 15th March 12, 2011 Florencio Vargas
Lakas–Kampi
 Died prior to taking office Baby Aline Vargas-Alfonso
Lakas–Kampi
 Yes
Ilocos Sur–1st May 28, 2011 Ronald Singson Nacionalista Resigned Ryan Luis Singson Biled No
Zambales–2nd February 4, 2012 Antonio Diaz
LM
 Died in office Jun Omar Ebdane
LM
 Yes
Negros Occidental–5th June 2, 2012 Iggy Arroyo
Lakas–Kampi
 Died in office Alejandro Mirasol Liberal No
Cavite–7th 19th February 25, 2023 Jesus Crispin Remulla NUP Appointed Secretary of Justice Crispin Diego Remulla NUP Yes
Negros Oriental–3rd December 9, 2023 Arnolfo Teves Jr. NPC Expelled Cancelled N/A

Batasang Pambansa

While the 1973 constitution had the mechanism for calling special elections in case of vacancies in the

Batasang Pambansa
, and several vacancies indeed happened, no special elections were called.

Statistics

By reason

The most common reason for the vacancies which were filled by special elections since 1907 is resignation (a total of 28 instances)—both from leaving office to assume another position (22), and for other reasons (7). Death of the incumbent representative is the second most common, accounting for more than two-fifths of instances. Other reasons for holding special elections were to fill new seats created upon the establishment of new provinces (4 instances), and to fill the seats vacated after: a winning candidate was disqualified post-election (2), a representative was expelled from the legislature (1), or a representative was "dropped from the rolls" over a criminal conviction (1).

Reason for vacancy Total %
Death/Killing 27 42%
Left office to assume another position 22 34%
Resignation for a reason other than leaving office to assume another position 7 11%
Creation of a new province 4 6%
Disqualifiaction 2 3%
Expulsion 2 2%
Dropped from the rolls 1 2%
Total 65 100%

By legislative era

Most of the special elections—33, or more than half of the 61 conducted as of 2017—were held before the Second World War (1907–1941). In the space of 27 years after the war and before Ferdinand Marcos disbanded Congress and assumed dictatorial powers in 1972, a total of 18 special elections were held. In contrast, since the restoration of Congress in 1987 only 12 special elections have been held in the space of 30 years.

Legislative era Total %
Philippine Assembly (lower house of Philippine Legislature, 1907–1916) 18 28%
House of Representatives (lower house of Philippine Legislature, 1916–1935) 8 13%
National Assembly of the Commonwealth (unicameral body, 1935–1941) 7 11%
National Assembly of the Second Republic (unicameral body, 1943–1944) 0 0%
House of Representatives (lower house of Congress post-war period, 1945–1972) 18 28%
Batasang Pambansa
(unicameral body, 1978–1986)		 0 0%
House of Representatives (lower house of Congress post-restoration, 1987–present) 13 20%
Total 64 100%

Senate

Philippine Legislature

From 1917 to 1934, senators are elected via senatorial districts; a vacancy mid-term had been filled up by a special election.

District Leg. Date Predecessor Political party Cause Winner Political party Retained?
2nd 4th May 5, 1917 Aquilino Calvo Nacionalista Appointed Mountain Province governor Matias Gonzales Nacionalista Yes
3rd 5th October 25, 1919 Francisco Liongson Nacionalista Died in office Ceferino de Leon Nacionalista Yes
4th 6th October 3, 1923 Pedro Guevara Nacionalista Elected resident commissioner
Ramon J. Fernandez
 Nacionalista Yes
3rd 7th March 23, 1926
Santiago Lucero
 Democrata Died in office Luis Morales Democrata Yes
9th 1926 Tomas Gomez Nacionalista Died in office Pastor Salazar Nacionalista Yes
7th July 21, 1927
Jose Ma. Arroyo
 Nacionalista Died in office Jose Ledesma Nacionalista Yes
6th 9th 1931 Juan B. Alegre Democrata Died prior to taking office José O. Vera Nacionalista No

Commonwealth Congress

  • No special elections were called for the Commonwealth Congress.

Starting from 1941, senators elected at-large nationwide, have 6-year terms, with senators elected via staggered elections: every two years, eight out of the 24 senators were elected from 1940 to 1972, and 12 out of 24 senators every three years since 1987. In cases where a senator left office before the expiration of his term, a special election on the day of the next regularly scheduled Senate election was held to fill up the vacancy, as long as the seat per se won't be contested on that election day. There had been three cases where that happened.

Congress

District Leg. Date Predecessor Political party Cause Winner Political party Retained?
Nationwide at-large 2nd November 13, 1951 Fernando Lopez Liberal Elected vice president Felixberto Verano Nacionalista No
Nationwide at-large 3rd November 8, 1955 Carlos P. Garcia Nacionalista Elected vice president Roseller T. Lim Nacionalista Yes
Nationwide at-large 12th May 14, 2001 Teofisto Guingona Jr.
Lakas
 Appointed vice president Gregorio Honasan Independent No

Statistics

Death and leaving office for another position are the most frequent reasons why there are senatorial special elections:

Reason for vacancy Total %
Death/Killing 5 50%
Left office to assume another position 4 40%
Resignation 1 10%
Total 10 100%

Per election

1951

In 1949, Senator Fernando Lopez (who was on his second year of service in the Senate) was elected Vice President of the Philippines. To fill the vacancy, a special election was held separately with senators whose terms ended in that year:[13]

CandidatePartyVotes%
Independent Liberal
124,9756.82
Total1,831,545100.00
Valid votes1,831,54541.71
Invalid/blank votes2,559,56458.29
Total votes4,391,109–
Registered voters/turnout4,754,30792.36

1955

In 1953, Senator Carlos P. Garcia (who was on his second year of service in the Senate) was elected Vice President of the Philippines. To fill the vacancy, a special election was held separately with senators whose terms ended in that year:[14]

CandidatePartyVotes%
Roseller T. LimNacionalista Party1,102,97961.40
Simeon ToribioLiberal Party688,91338.35
Avelino P. GarciaIndependent4,3780.24
Total1,796,270100.00
Valid votes1,796,27035.59
Invalid/blank votes3,250,21864.41
Total votes5,046,488–
Registered voters/turnout6,487,06177.79

2001

In 2001, Vice President

Teofisto Guingona (who was serving the second year of his second term as senator) as vice president later that year but prior to the 2001 Senate election. The Commission on Elections ruled that instead of twelve, the electorate will vote for thirteen senators, with the thirteenth-placed candidate serving Guingona's unexpired term of three years. For purposes of term limits
, that senator was deemed to have served a full six-year term.


e • d Summary of the May 14, 2001, Philippine Senate election results
Rank Candidate Coalition Party Votes %
1. Noli de Castro Puwersa ng Masa1 Independent 16,237,386 55.09%
2. Juan Flavier PPC Lakas 11,735,897 39.82%
3. Serge Osmeña PPC
PDP–Laban
 11,593,389 39.33%
4. Franklin Drilon PPC Independent 11,301,700 38.34%
5. Joker Arroyo PPC Lakas 11,262,402 38.21%
6. Ramon Magsaysay Jr. PPC Independent 11,250,677 38.17%
7. Manny Villar PPC Independent 11,187,375 37.96%
8. Francis Pangilinan PPC Liberal 10,971,896 37.23%
9. Edgardo Angara Puwersa ng Masa LDP 10,805,177 36.66%
10. Panfilo Lacson Puwersa ng Masa LDP 10,535,559 35.74%
11. Loi Ejercito Puwersa ng Masa Independent 10,524,130 35.71%
12. Ralph Recto PPC Lakas 10,480,9402 35.56%
13. Gregorio Honasan3 Puwersa ng Masa Independent 10,454,527 35.47%
14. Juan Ponce Enrile Puwersa ng Masa LDP 9,677,209 32.83%
15. Miriam Defensor Santiago Puwersa ng Masa PRP 9,622,742 32.65%
16. Dong Puno Puwersa ng Masa LDP 8,701,205 29.52%
17. Wigberto Tañada PPC Liberal 8,159,836 27.68%
18.
Orly Mercado
 Puwersa ng Masa Independent 7,395,092 25.09%
19. Roberto Pagdanganan PPC Lakas 7,185,415 24.38%
20. Ernesto Herrera PPC Lakas 6,801,861 23.08%
21. Winnie Monsod PPC Aksyon 6,728,728 22.83%
22. Nina Rasul Puwersa ng Masa Independent 5,222,490 17.72%
23. Jamby Madrigal Puwersa ng Masa LDP 5,043,043 17.11%
24. Liwayway Vinzons-Chato PPC Independent 4,831,501 16.39%
25.
Perfecto Yasay
 Independent 4,557,364 15.46%
26. Ombra Tamano Puwersa ng Masa LDP 3,548,480 12.04%
27. Reuben Canoy Puwersa ng Masa LDP 3,542,460 12.02%
28. Homobono Adaza Nacionalista 770,647 2.61%
29. Rod Navarro Independent 652,012 2.21%
30. Manuel Morato Independent 625,789 2.12%
31. Moner Bajunaid PDSP 503,437 1.71%
32. Oliver Lozano KBL 470,572 1.60%
33. Melchor Chavez KBL 244,553 0.83%
34. Camilo Sabio Independent 230,759 0.78%
35. Norma Nueva KBL 83,700 0.28%
36. Juan Casil KBL 74,481 0.25%
37. Eddie Gil Isang Bansa, Isang Diwa 15,522 0.05%
Turnout 29,474,309 86.39%
Note: A total of 37 candidates ran for senator. Source: Comelec (vote totals), NCSB (turnout)
^1 Guest candidate
^2 18,000 votes deducted from Ralph Recto in Zamboanga del Norte as per Resolution No. NBC 01-003
Vice President
in February 2001.

Former senator Arturo Tolentino and others sued the Commission on Elections (Comelec) to set aside the proclamation of the thirteen senators in 2001. In Tolentino vs. Comelec, the Supreme Court ruled that the commission did not comply with the requirements of R.A. 6645, nor did the commission "give formal notice that it would proclaim as winner the senatorial candidate receiving the 13th highest number of votes in the special election." However, the court ruled that while the commission failed to give notice of the time of the special election, it did not negate the calling of such election, "indispensable to the elections validity." Since R.A. 6645 as amended "charges the voters with knowledge of this statutory notice and Comelec's failure to give the additional notice did not negate the calling of such special election, much less invalidate it", the court dismissed the petition for lack of merit and allowed the result of the election to stand.[15]

The "thirteenth" senator

There had been four instances in the Fifth Republic where a seat was vacated exactly midway through the senators' term due to election to another office. In all cases, the thirteenth-placed senator in the immediately preceding election was not given the formers seat since the vacancy occurred after the election.

In all of those cases, the thirteenth-placed candidate was not given the vacant seat as the voters elected for only twelve senators.[16]

This was not a problem for senators elected from 1946 to 1971, as long as they were elected to a new position prior to the second Senate election of their terms; a senator is expected to see two Senate elections in a six-year term instead of just one post-1987:

  • In 1949, two years in to his term, Senator Fernando Lopez was elected vice president. A special election was called in 1951 for a successor to serve out the final two years of the term. Felixberto Verano was elected in the special election. Verano was subsequently defeated in the next regular election in 1953.
  • In 1953, two years in to his term, Senator Carlos P. Garcia was elected vice president. A special election was called in 1955 for a successor to serve out the final two years of the term. Roseller T. Lim was elected in the special election. Lim was able to defend his seat in the next regular election in 1957.

For senators elected since 1987, their seats will be vacant until the end of their terms since there will be no intervening Senate elections from the day they gave up their seat up to the expiration of their term, unless it becomes vacant prior to election day, as shown in the four examples above.

Special elections on other positions

Local legislatures

Legislatures under the Local Government Code

For permanent vacancies in the

Executive Secretary appoints someone from the same political party where the person who caused the vacancy belonged. If the person who vacated the post did not belong to a political party, the local chief executive (the governor or mayor, as the case may be) appoints upon the recommendation of the sanggunian concerned. For vacancies in the city and municipal councils for component cities and municipalities outside Metro Manila, the same process applies, with the local chief executive appointing the replacement. For the Sangguniang Barangay (barangay councils) and Sangguniang Kabataan (youth councils), it shall be filled by the official next in rank.[17]
This means no special elections are held for local legislatures under the Local Government Code.

Bangsamoro Parliament

In the Bangsamoro Parliament created via the Bangsamoro Organic Law, a special election may be called if the vacating seat is from an unaffiliated member of parliament, and the vacancy happened at least one year before the next general election. If the vacancy is from an affiliated member of parliament, the party shall nominate a new member, and if it is a proportional seat, the party names the replacement.[18]

Chief executives

The vice president, vice governor and vice mayor shall replace the president, governor and mayor, as the case may be, upon permanent vacancy, and shall serve until the next general election. For permanent vacancy for the barangay chairman, the highest-ranking member of the Sangguniang Barangay (the barangay councilor that received the most votes in the preceding election) shall replace the predecessor. No special election shall be called.[17]

If a permanent vacancy for the president and vice president at the same time occurs, a special election will be called. An extraordinary special election was called in 1986.

Deputy of chief executives

Once a vacancy for the vice governor or vice mayor occurs, the highest-ranking member of the local legislature (the member that received the most votes in the preceding election) shall replace the predecessor. If that member belongs to a political party, that party will nominate a new member to the legislature. If that member is an independent, the governor or mayor will nominate a new member. No special election shall be called.

Delayed elections

On the first type of special elections, the Commission on Elections usually sets the vote a day later, or up to several weeks later. The latest date the commission set a delayed special election is a more than year later after the regular election, when it held the elections for provincial government officials of Sulu in October 1996 after being delayed since May 1995.[19]

In 2018, the

Battle of Marawi.[20]

Footnotes

  1. ^ Julian Locsin originally declared the winner, but Kare won election protest.
  2. ^ Leuterio was the representative from the undivided Mindoro province.
  3. ^ Sarmiento was the representative from the undivided Davao province.
  4. ^ Pendatun was the representative from the undivided Cotabato province.

References

  1. ^ "Revised Election Code".
  2. ^ "Batas Pambansa Blg. 881, s. 1985 | GOVPH". Official Gazette of the Republic of the Philippines. Retrieved 2021-03-24.
  3. ^ "THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE VII | GOVPH". Official Gazette of the Republic of the Philippines. Retrieved 2021-04-13.
  4. ^ "REPUBLIC ACT NO. 6645 – AN ACT PRESCRIBING THE MANNER OF FILING A VACANCY IN THE CONGRESS OF THE PHILIPPINES". Chan Robles Virtual Law Library. July 19, 1998. Retrieved November 23, 2010.
  5. ^ "AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES". The Lawphil Project. November 26, 1991. Retrieved November 23, 2010.
  6. ^ "AN ACT PROVIDING FOR THE PROCLAMATION OF A LONE CANDIDATE FOR ANY ELECTIVE OFFICE IN A SPECIAL ELECTION, AND FOR OTHER PURPOSES". Commission on Elections. Retrieved February 16, 2015.
  7. ^ Villar, Manuel B. Jr. (July 22, 2005). "Senate Bill No. 672 – AN ACT PRESCRIBING THE PROCEDURE FOR THE EXPEDITIOUS HOLDING OF A SPECIAL ELECTION IN CASE OF VACANCY IN THE CONGRESS OF THE PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBER I SIXTY-SIX HUNDRED AND FORTY-FIVE, ENTITLED "AN ACT PRESCRIBING THE MANNER OF FILLING A VACANCY IN THE CONGRESS OF THE PHILIPPINES" (PDF). Senate of the Philippines. Retrieved December 1, 2017.
  8. ^ Congressional Library Bureau. "Roster of Philippine Legislators". Republic of the Philippines, House of Representatives. Retrieved 7 February 2017.
  9. ^ Dieter Nohlen; Florian Grotz; Christof Hartmann; Graham Hassall; Soliman M. Santos.
    Elections in Asia and the Pacific: A Data Handbook: Volume II: South East Asia, East Asia, and the South Pacific    .
  10. ^ Dieter Nohlen; Florian Grotz; Christof Hartmann; Graham Hassall; Soliman M. Santos.
    Elections in Asia and the Pacific: A Data Handbook: Volume II: South East Asia, East Asia, and the South Pacific    .
  11. ^ Executive Orders and Proclamations Issued by the Governor-general. Bureau of Printing. 1916. pp. 278–279.
  12. ^ Tiangco, Cesar S. (1967). Rizal Province: A Political History. Rizal Cultural Committee. p. 189.
  13. The Milwaukee Journal
    . Associated Press. November 17, 1951. Retrieved December 6, 2012.
  14. ^ "List of Previous Senators". Senate.gov.ph. Archived from the original on April 23, 2007. Retrieved December 6, 2012.
  15. ^ "ARTURO M. TOLENTINO and ARTURO C. MOJICA, petitioners, vs. COMMISSION ON ELECTIONS, SENATOR RALPH G. RECTO and SENATOR GREGORIO B. HONASAN, respondents". Supreme Court of the Philippines. January 21, 2004. Retrieved November 25, 2010.
  16. ^ Coronel Ferrer, Miriam (June 17, 2010). "Senate facts – Miriam Coronel Ferrer". ABS-CBNNews.com. Retrieved November 22, 2010.
  17. ^ a b "Book I - Title Two - Chapter 2". COMELEC.gov.ph. 2012-05-02. Retrieved 2020-04-09.
  18. ^ "Republic Act No. 11054" (PDF). Official Gazette. Retrieved 2020-04-09.
  19. ^ "Manila Standard - Google News Archive Search". news.google.com. Retrieved 2021-04-13.
  20. ^ "Barangay, SK elections in Marawi set on September 22". Rappler. Retrieved 12 August 2018.

External links

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