I 
, 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
INTRODUCED BY HON. MANUEL B. VILLAR. JR. 
EXPLANATORY NOTE 
This Bill seeks to amend Republic Act No. 6645, entitled "An Act Prescribing; the 
Manner of Filling a Vacancy in the Congress of the Philippines." This is in the light of 
Section 9 of Article VI of the Constitution which provides: 
"SEC. 9. In case of vacancy in the Senate or in the house of Representatives, a special 
election may be called to fill such vacancy in the manner prescribed by law, but the 
Senator or Member of the House Of Representatives thus elected shall serve only for 
the unexpired term." 
Pursuant to above-cited provision, Republic Act No. 6645 was enacted, prescribing the 
manner of filling a vacancy in the Congress of the Philippines. Furthermore, Republic 
Act No. 7106, was approved on November 26, 1991 providing for certain election 
reforms. The second paragraph of' Section 4 of the said law amended Section 22 of 
Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code, which 
provides : 
"In case a permanent vacancy shall occur in the Senate or House of Representatives at 
least one (1) year before the expiration of the term, the Commission shall call and hold 
a special election to Till the vacancy nut earlier than sixty (60) days nor longer than 
ninety (90) after the occurrence of vacancy. However, in case of such vacancy in the 
Senate, the special election steal( be held simultaneously with the next succeeding 
regular election." 
These laws manifest the legislative intent to fill the vacancy in the Congress of the 
Philippines with utmost dispatch. Despite these laws, however, Congress seldom fills 
the vacancy, thus, depriving constituents of the legislative district concerned of their 
rightfLil representation. I t  should be noted that the matter of calling a special election 
to fill the vacancy in the Senate or in the House of Representatives is not mandatory. 
It is left to the discretion of Congress in the manner prescribed by law. 
This Bill, therefore, prescribes the procedure for the expeditious holding of special 
election, through a certification by the Speaker on the existence of vacancy and calling 
for a special election to fill the vacancy in a particular legislative district. 
Approval of this Bill is urgently requested. 


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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
ti 
SENATE 
S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR. JR. 
AN ACT PRESCRIBING THE PROCEDURE FOR THE EXPEDITIOUS HOLDING OFA 
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” 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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., . 
SECTION 1. Sections 1, 2 and 3 of Republic Act No. 6645, are hereby amended to read 
as follows: 
“SECTION 1. In case a vacancy ARISES DUE TO DEATH, RESIGNATION, 
EXPULSION, ACCEPTANCE OF INCOMPATIBLE OFFICE, ELECTION TO ANOTHER 
PUBLIC OFFICE, PERMANENT INCAPACITY, AND FINAL CONVICTION OF A CRIME 
WHOSE PENALTY CARRIES WITH IT PERMANENT DISQUALIFICATION TO HOLD A 
PUBLIC OFFICE in the Senate at least [eighteen (18) months] FOUR (4) YEARS, or in 
the House of Representatives at least [one (1) year] TWO (2) YEARS before the [next 
regular election for the Members of Congress,] EXPIRATION OF THE TERM, THE 
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF 
REPRESENTATIVES, AS THE CASE MAY BE, SHALL, WITHIN THIRTY (30) DAYS 
AFTER THE OCCURRENCE OF SUCH VACANCY, SEND AN OFFICIAL 
COMMUNICATION TO THE COMMISSION ON ELECTIONS CERTIFYING TO THE 
EXISTENCE OF SUCH VACANCY AND CALLING FOR A SPECIAL ELECTION, 
PROVIDED, THAT PERMANENT INCAPACITY SHALL BE DETERMINED BY A 
MAJORITY VOTE OF ALL THE MEMBERS OF THE CORRESPONDING CHAMBER. 
[tlie]THE Commission on Elections, upon receipt of [a resolution of the Senate or the 
House of Representatives, as the case play be,] THE SAID OFFICIAL 
COMMUNICATION FROM THE PRESIDENT OF TIDE SENATE OR THE SPEAKER, AS 
THE CASE 
MAY BE, [certifying to the existence of such vacancy and calling for a 
[special election] shall hold a special election to fill such vacancy. [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 of 
Representatives, as the case may be, shall be sufficient for such purpose.] The Senator 
or Member of the House of Representatives thus elected shall serve only for the 
unexpired term: 
“SEC. 2. The Commission on Elections BY A MAJORITY VOTE OF ITS 
MEMBERS SITTING EN BANC shall [fix] PASS A RESOLUTION SETTING the date of 
the special election, STATING AMONG OTHER THINGS THE OFFICE OR OFFICES 
TO BE VOTED FOR. IN CASE SUCH VACANCY EXISTS IN THE SENATE THE 
SPECIAL ELECTION SHALL BE HELD SIMULTANEOUSLY WITH THE NEXT 
SUCCEEDING REGULAR ELECTION FOR MEMBERS OF CONGRESS. IN THE HOUSE 
OF REPRESENTATIVES, [which] THE SPECIAL ELECTION shall [not] beheld not 
earlier than [forty-five (45)] SIXTY (60) days not later than ninety (90) days from the 
date of such [resolution or] communication: [stating among other things the office or 
offices to be voted for] Provided, however, That if within the said period a general 
election is scheduled to be held, the special election shall be held simultaneously with 
such general election. 
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SEC 3. The Commission on Election shall send copies of [the] ITS resolution in 
SUCH number AS MAY BE sufficient for due distribution and publication, to [the 
Provincial or City Treasurer,] ALL ELECTION SUPERVISORS AND ELECTION 
REGISTRARS of each province or city concerned, who in turn shall publish it in their 
respective localities by posting at least three (3) copies thereof in as many conspicuous 
places in each of their election precincts, and a copy in each [of the polling places and] 
public market(s) and in the municipal building." 
SEC. 2. The Commission on Elections shall promulgate the rules and regulations 
necessary for the effective implementation of this Act, and shall integrate in its regular 
annual budget provisions for special elections. 
SEC. 
3. All laws, decrees, executive orders and other presidential issuances which are 
inconsistent with this Act are hereby repealed, amended or modified accordingly. 
SEC. 4. This Act shall take effect fifteen (15) days following the completion of its 
publication in the Official Gazette or in at least two (2) national papers of general 
circulation whichever date comes earlier. 
Approved,