Practice question
A permanent House vacancy occurs fourteen months before term expiration. COMELEC en banc, by majority vote, calls a special election seventy-five days after the vacancy. A challenger objects solely that every special election must be within thirty days of the original general-election date under BP 881, Section 6. Which is correct?
- The objection is correct because all vacancies are failures of election.
- The election must be exactly thirty days after the past general election.
- No election can fill a House vacancy.
- The objection confuses failure-of-election relief with the separate vacancy rule; the stipulated timing fits RA 7166, Section 4.
- The commission must instead appoint the winner without voting.
Legal references
- Batas Pambansa Blg. 881, Sections 5-6, 68 and 253: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
- Republic Act No. 7166, Section 4: https://lawphil.net/statutes/repacts/ra1991/ra_7166_1991.html
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