List of special elections to the Philippine Congress
Encyclopedia
These are the special elections (known outside the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...

 and the United States as by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....

s) to the Congress of the Philippines
Congress of the Philippines
The Congress of the Philippines is the national legislature of the Republic of the Philippines. It is a bicameral body consisting of the Senate , and the House of Representatives although commonly in the Philippines the term congress refers to the latter.The Senate is composed of 24 senators half...

. There are two types of special elections in the Philippines: those which are meant to be held as part on election day
Elections in the Philippines
The Philippines elects on national level a head of state and a legislature. The president is elected for a six-year term by the people. The vice-president is elected at the same time on a separate ballot...

 but were otherwise delayed, and those which were held after a vacancy in office has occurred. Only the latter type is included here.

Scheduling

As stipulated in Republic Act
Republic Acts of the Philippines
This article contains a partial list of Philippine laws. Philippine laws have had various nomenclature designations at different periods in the history of the Philippines, as shown in the following table:...

 (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 (1) year, before the next scheduled election, the Commission on Elections
Commission on Elections (Philippines)
The Commission on Elections, or COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls....

, 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 and not later than 90 days from the date of the resolution.

However, Republic Act No. 7166 approved on November 26, 1991, amended parts of R.A. No. 6645. When a vacancy in the House of Representatives occurs before one year before the expiration of the term, the special election shall be held not earlier than 60 days and not later than 90 days after occurrence of the vacancy. For the Senate, if the vacancy occurs one year before the expiration of the term, the special election shall be held on the day of the next succeeding regular election.

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

House of Representatives

Since the 1998 elections
Philippine general election, 1998
The senatorial election was held in the Philippines on May 11, 1998. The two main competing coalitions in the senatorial election were the Lakas-NUCD-UMDP and the Laban ng Makabayang Masang Pilipino -led coalition composed of the Laban ng Demokratikong Pilipino , Pwersa ng Masang Pilipino , the...

, there had been two types of elected representatives, those representing single-member districts and those which are elected via the party-list system. When a vacancy occurs for a party-list representative, the next-ranked nominee from the party replaces his predecessor. For district representatives, a special election will be held to determine who shall succeed the predecessor. During the Third Philippine Republic, where representatives had 4-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.
District
Legislative districts of the Philippines
The Legislative districts of the Philippines are the division are the representations of the Philippines' provinces and cities in the House of Representatives. The first composition of legislative districts were enshrined in the Ordinance appended to the Constitution...

 
Legislature* Date Predecessor Winner Reason
Cavite  1st PL
1st Philippine Legislature
The First Philippine Legislature was the first representative legislature of the Philippines, then known as the Philippine Islands under the sovereign control of the United States.-Sessions:*First Regular Session: October 16, 1907– April 4, 1908...

 
January 19, 1909 Rafael Palma
Rafael Palma
Rafael Palma was a Filipino politician, Rizalian, reporter, writer, educator and a famous mason in Philippines. He also became the fourth President of the University of the Philippines.- Honors :...

 
Emiliano Tria Tirona Left office after being appointed to the Philippine Commission
Philippine Commission
The Philippine Commission was a body appointed by the President of the United States to exercise legislative and limited executive powers in the Philippines. It was first appointed by President William McKinley in 1901. Beginning in 1907, it acted as the upper house of a bicameral Philippine...

 on July 1, 1908.
Surigao  2nd PL
2nd Philippine Legislature
The Second Philippine Legislature was the meeting of the legislature of the Philippines under the sovereign control of the United States from March 28, 1910 to February 6, 1912.-Sessions:**First Special Session: March 28 – April 19, 1910...

 
October 14, 1910 Manuel Gavieres Inocencio Cortes Died on 1912.
Batanes  September 5, 1911 Teofilo Castillejos Vicente Barsana Died on 1912.
Zambales  October 3, 1911 Alberto Barreto Gabriel Alba Left office after being appointed judge of the Court of First Instance on July 20, 1911.
Ilocos Sur–1st  3rd PL
3rd Philippine Legislature
The Third Philippine Legislature was the meeting of the legislature of the Philippines under the sovereign control of the United States from October 16, 1912 to February 24, 1916.-Sessions:...

 
October 13, 1913 Vicente Singson Encarnacion Alberto Reyes Left office after being appointed to the Philippine Commission.
Mindoro  March 26, 1914 Macario Adriatico Mariano Leuterio Resigned on March 1, 1914.
Bulacan–1st  May 15, 1914 Aguedo Velarde Ambrosio Santos Died on 1914.
Zambales  July 22, 1914 Rafael Corpus Gabriel Alba Left office after being appointed Director of Lands.
Negros Oriental–2nd  October 1, 1914 Teofisto Guingona, Sr.
Teofisto Guingona, Sr.
Teofisto Jamora Guingona, Sr. was father of former Vice President Teofisto Guingona, Jr..-Early life:He was born in Guimaras, Iloilo, on September 20, 1883. He is the son of Vicente Guingona and Francisca Jamora. Teofisto Guingona, Sr. joined the insurgent army when the revolution against Spain...

 
Leopoldo Rovira Resigned April 9, 1914.
Capiz–2nd  October 10, 1914 Simeon Dadivas Emilio Acevedo Died on 1914.
Cebu–7th  November 21, 1914 Eulalio Causing Tomas Alonso Resigned on October 13, 1914
Leyte–4th  September 18, 1915 Francisco Enage Ruperto Kapunan Resigned on 1915.
Cebu–3rd  1916 Filemon Sotto Vicente Urgello Won Senate seat
Philippine Senate election, 1916
The Elections for the Members of the Philippine Senate were held on October 3, 1916 after the passage of the Jones Law which prescribed immediate elections for the members of the Philippine Senate or the Upper House which replaced the appointive Philippine Commission.-Philippine Senate Results:...

 on 1916.
Nueva Vizcaya  7th PL
7th Philippine Legislature
The Seventh Philippine Legislature was the meeting of the legislature of the Philippines under the sovereign control of the United States from 1925 to 1928.-See also:*Congress of the Philippines*Senate of the Philippines...

 
March 22, 1926 Isauro Gabaldon
Isauro Gabaldon
Isauro Gabaldon was a Resident Commissioner from the Philippine Islands serving from 1920 until 1929.He was born in San Isidro, Nueva Ecija, Philippines. He attended the public schools in Tebar, Spain. He studied law in the Universidad Central, in Madrid, Spain and graduated from the University of...

 
Antonio Escamilla
Pangasinan–5th  1st
1st Congress of the Philippines
The First Congress of the Philippines was the meeting of the legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives from May 25, 1946 until December 13, 1949. The body was originally convened as the Second Congress of the Commonwealth of the...

 
March 3, 1947 Narciso Ramos Cipriano Allas Appointed Minister-counsellor to the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 on July 15, 1946
Bukidnon  March 11, 1947 Carlos Fortich, Sr. Remedios Fortich Died on October 12, 1946.
Iloilo–4th  March 23, 1948 Gaudencio Dimaisip Mariano Peñaflorida Won Iloilo governor on November 11, 1947 special election.
Leyte–1st  Carlos S. Tan Jose Martinez Won Senate seat on 1947.
Rizal–2nd  2nd
2nd Congress of the Philippines
The Second Congress of the Philippines was the meeting of the legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives from December 30, 1949 until December 8, 1953.-Sessions:**First Special Session: December 30, 1949 – January 5, 1950*First...

 
November 13, 1951 Emilio de la Paz Isaias R. Salonga Died August 30, 1951
Albay–1st  3rd
3rd Congress of the Philippines
The Third Congress of the Philippines was the meeting of the legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives from January 25, 1954 until December 10, 1957.-Sessions:*First Regular Session: January 25 – May 20, 1954**First Special...

 
November 8, 1955 Lorenzo P. Ziga Tecla San Andres Ziga Died on November 4, 1954
Samar–1st  Gregorio Tan Eladio Balite
Batangas–1st  5th
5th Congress of the Philippines
The Fifth Congress of the Philippines was the meeting of the legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives from January 22, 1962 until December 17, 1965.-Sessions:*First Regular Session: January 22 – May 17, 1962*Second Regular...

 
November 12, 1963 Apolinario Apacible Luis Lopez Died on 1963.
Negros Occidental–1st  Vicente Gustillo, Sr. Armando Gustillo Died on December 17, 1962.
Iloilo–3rd  November 9, 1965 Ramon Tabiana Gloria Tabiana Died on December 20, 1964.
Ilocos Norte–1st  6th
6th Congress of the Philippines
The Sixth Congress of the Philippines was the meeting of the legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives from January 17, 1966 until June 17, 1969.-Sessions:**First Special Session: January 17 – January 22, 1966*First Regular...

 
November 4, 1967 Antonio Raquiza Roque Ablan, Jr. Left office after being appointed Secretary of Public Works on August 24, 1966.
Northern Samar  November 14, 1967 Eladio Balite Eusebio Moore Died on 1967.
Agusan del Norte–2nd  9th
9th Congress of the Philippines
The Ninth Congress of the Philippines is the current meeting of the national legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives.-Sessions:...

 
August 30, 1993 Eduardo Rama, Sr. Edelmiro Amante
Capiz–1st  Gerardo Roxas, Jr. Mar Roxas
Mar Roxas
Manuel "Mar" Araneta Roxas II is a former Senator of the Philippines. He is the son of former Senator Gerry Roxas, and the grandson of former President Manuel Roxas and industrialist J. Amado Araneta....

 
Died on April 4, 1993
Rizal–1st  March 7, 1994
Rizal's 1st legislative district special election, 1994
A special election was held for Rizal's 1st district seat to the House of Representatives of the Philippines on March 7, 1994. Gilberto Duavit won the special election to serve the final 14 months of former representative Manuel Sanchez's term.-Background:...

 
Manuel Sanchez Gilberto Duavit Disqualified for not being a Filipino citizen on December 7, 1993.
Isabela–4th  12th
12th Congress of the Philippines
The Twelfth Congress of the Philippines was the national Lower House of the legislature of the Republic of the Philippines, composed of the Senate of the Philippines and House of Representatives of the Philippines...

 
May 12, 2003
Isabela's 4th legislative district special election, 2003
A special election for Isabela's 4th district seat in the House of Representatives of the Philippines was held on May 12, 2003. Held due to the death of Antonio Abaya, Giorgidi Aggabao won the special election, beating Abaya's widow Asuncion, to succeed him in the House of...

 
Antonio Abaya  Giorgidi Aggabao  Died on February 26, 2003
Cebu–5th  13th
13th Congress of the Philippines
The Thirteenth Congress of the Philippines was the meeting of the national legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives...

 
May 30, 2005
Cebu's 5th legislative district special election, 2005
A special election for Cebu's 5th district seat in the House of Representatives of the Philippines was held on May 30, 2005.-Background:On 2004, representative Joseph Ace Durano was appointed by President Gloria Macapagal-Arroyo as Secretary of Tourism. Durano accepted the appointment on November...

 
Joseph Ace Durano
Joseph Ace Durano
Joseph Hotchkiss Durano , popularly known as Ace Durano, was one of the youngest to be elected representative to the 11th congress...

 
Ramon Durano VI
Ramon Durano VI
Ramón H. Durano VI is a Filipino politician. A member of the Nationalist People's Coalition, he was elected to the House of Representatives of the Philippines in a 2005 special election, succeeding his brother Joseph Ace Durano as the Representative of the Fifth District of Cebu, following the...

 
Left office after being appointed Secretary of Tourism
Department of Tourism (Philippines)
The Department of Tourism is the executive department of the Philippine government responsible for the regulation of the Philippine tourism industry and the promotion of the Philippines as a tourist destination....

 on November 30, 2004.
Cagayan–2nd  15th
15th Congress of the Philippines
The Fifteenth Congress of the Philippines is the current meeting of the national legislature of the Republic of the Philippines, composed of the Senate and House of Representatives...

 
March 12, 2011
Cagayan's 2nd legislative district special election, 2011
A special election for Cagayan's 2nd district seat in the House of Representatives of the Philippines was held on March 12, 2011. The special election was called after the incumbent representative, Florencio Vargas died on July 2010. Vargas' daughter, Baby Aline Vargas-Alfonso, was elected after...

 
Florencio Vargas
Florencio Vargas
Florencio L. Vargas was a Filipino politician. A member of the Lakas-Kampi-CMD party, he has been elected to three terms as a Member of the House of Representatives of the Philippines, representing the 2nd District of Cagayan. He first won election to Congress in 2004, and was re-elected in 2007...

 
Baby Aline Vargas-Alfonso  Died on July 22, 2010.
Ilocos Sur–1st  May 28, 2011
Ilocos Sur's 1st legislative district special election, 2011
A special election for Ilocos Sur's 1st district seat in the House of Representatives of the Philippines was held on May 28, 2011. The special election was called after incumbent representative Ronald Singson resigned on March 7, 2011 after being convicted of drug possession by the Wan Chai...

 
Ronald Singson
Ronald Singson
Ronald Versoza Singson is a Filipino politician, businessman and concert producer. A son of the patriarch of the Singson political clan Chavit Singson, he served as representative of Ilocos Sur's first district from 2007 to 2010, when he resigned after being convicted for 18 months for drug...

 
Ryan Singson  Resigned on March 1, 2011.
*Congress of the Republic unless stated otherwise.

Senate

From 1917 to 1934, senators are elected via senatorial districts
Senatorial districts of the Philippines
The Senatorial districts of the Philippines were the representations of the provinces of the Philippines in the Philippine Senate from 1916 to 1935.-History:...

; a vacancy mid-term will be filled up by a special election.

Starting from 1941, senators elected at-large
At-Large
At-large is a designation for representative members of a governing body who are elected or appointed to represent the whole membership of the body , rather than a subset of that membership...

 nationwide, have 6-year terms, with senators elected via staggered elections
Staggered elections
In staggered elections, not all places in an elected body are up for election at the same time. The staggered election keeps some continuity in the elected body....

: 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:
Original | Winner | Congress | Term ending
Senator Vacancy event Senator Date
Aquilino Calvo  Resigned February 26, 1917 Matias Gonzales  May 5, 1917 4th PL
4th Philippine Legislature
The Fourth Philippine Legislature was the meeting of the legislature of the Philippine Islands under the sovereign control of the United States from October 16, 1916 to March 8, 1919.-Sessions:...

 
October 3, 1919
Pedro Guevara
Pedro Guevara
Pedro Guevara , was a Philippine soldier, lawyer and legislator who became Resident Commissioner from the Philippine Islands during the American colonial administration.-Biography:...

 
Appointed Resident Commissioner to the U.S.
Resident Commissioners from the Philippines
From 1907 until 1946, the Philippines sent Resident Commissioners to the United States House of Representatives to represent the island state, which was a U.S. territory from 13 August 1898...

 
Ramon J. Fernandez  October 3, 1923 6th PL
6th Philippine Legislature
The Sixth Philippine Legislature was the meeting of the legislature of the Philippines under the sovereign control of the United States from 1922 to 1925.-Philippine Senate:-House of Representatives:-See also:*Congress of the Philippines...

 
June 6, 1925
Santiago Lucero  Died November 2, 1925 Luis Morales  March 23, 1926 7th PL
7th Philippine Legislature
The Seventh Philippine Legislature was the meeting of the legislature of the Philippines under the sovereign control of the United States from 1925 to 1928.-See also:*Congress of the Philippines*Senate of the Philippines...

 
June 2, 1928
Tomas Gomez  Died July 28, 1926 Pastor Salazar  7th PL
7th Philippine Legislature
The Seventh Philippine Legislature was the meeting of the legislature of the Philippines under the sovereign control of the United States from 1925 to 1928.-See also:*Congress of the Philippines*Senate of the Philippines...

 
June 2, 1928
Fernando Lopez
Fernando Lopez
Fernando López,Sr. was a Filipino statesman. A member of the influential López Family of Iloilo, Fernando López served as Vice President for three terms, under President Elpidio Quirino for the Liberals and Ferdinand Marcos for the Nacionalistas.-Early life and career:López was born on April 13,...

 (Liberal
Liberal Party (Philippines)
The Liberal Party of the Philippines is a liberal party in the Philippines, founded by then senators Senate President Manuel Roxas, Senate President Pro-Tempore Elpidio Quirino, and former 9th Senatorial District Senator Jose Avelino, on November 24, 1945 by a breakaway Liberal group from the...

)
Elected
Philippine presidential election, 1949
Presidential, legislative and local elections were held on November 8, 1949 in the Philippines. Incumbent President Elpidio Quirino won a full term as President of the Philippines after the death of President Manuel Roxas in 1948. His running mate, Senator Fernando Lopez won as Vice President...

 as Vice president
Vice President of the Philippines
-Description:The Vice-President is the first in the Philippine line of succession, assuming the Presidency upon the death, resignation, or removal by impeachment and subsequent conviction of the incumbent. The position was abolished by Martial Law in 1972, and was not included in the original text...

, gave up seat on December 30, 1949
Felisberto Verano (Nacionalista
Nacionalista Party
The Nacionalista Party is the oldest political party in the Philippines today and was responsible for leading the country throughout the majority of the 20th century since its founding in 1907...

)
November 13, 1951 2nd
2nd Congress of the Philippines
The Second Congress of the Philippines was the meeting of the legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives from December 30, 1949 until December 8, 1953.-Sessions:**First Special Session: December 30, 1949 – January 5, 1950*First...

 
December 30, 1953
Carlos P. Garcia
Carlos P. Garcia
Carlos Polistico García was a Filipino teacher, poet, orator, lawyer, public official, political economist and guerrilla leader...

 (Nacionalista
Nacionalista Party
The Nacionalista Party is the oldest political party in the Philippines today and was responsible for leading the country throughout the majority of the 20th century since its founding in 1907...

)
Elected
Philippine presidential election, 1953
Presidential, legislative and local elections were held on November 10, 1953 in the Philippines. Incumbent President Elpidio Quirino lost his opportunity to get a second full term as President of the Philippines to former Defense Secretary Ramon Magsaysay. His running mate, Senator Jose Yulo lost...

 as Vice president
Vice President of the Philippines
-Description:The Vice-President is the first in the Philippine line of succession, assuming the Presidency upon the death, resignation, or removal by impeachment and subsequent conviction of the incumbent. The position was abolished by Martial Law in 1972, and was not included in the original text...

, gave up seat on December 30, 1953
Roseller T. Lim
Roseller T. Lim
Roseller Tarroza Lim was a Filipino politician who served as a member of the Senate and House of Representatives from 1949 to 1963. He also served as Court of Appeals Justice from his appointment in 1973 until his death...

 (Nacionalista
Nacionalista Party
The Nacionalista Party is the oldest political party in the Philippines today and was responsible for leading the country throughout the majority of the 20th century since its founding in 1907...

)
November 8, 1955 3rd
3rd Congress of the Philippines
The Third Congress of the Philippines was the meeting of the legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives from January 25, 1954 until December 10, 1957.-Sessions:*First Regular Session: January 25 – May 20, 1954**First Special...

 
December 30, 1957
Teofisto Guingona (Lakas-NUCD-UMDP) Appointed as Vice president
Vice President of the Philippines
-Description:The Vice-President is the first in the Philippine line of succession, assuming the Presidency upon the death, resignation, or removal by impeachment and subsequent conviction of the incumbent. The position was abolished by Martial Law in 1972, and was not included in the original text...

 on February 7, 2001
Gregorio Honasan (Independent
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...

)
May 14, 2001 12th
12th Congress of the Philippines
The Twelfth Congress of the Philippines was the national Lower House of the legislature of the Republic of the Philippines, composed of the Senate of the Philippines and House of Representatives of the Philippines...

 
June 30, 2004

1951

In 1949
Philippine presidential election, 1949
Presidential, legislative and local elections were held on November 8, 1949 in the Philippines. Incumbent President Elpidio Quirino won a full term as President of the Philippines after the death of President Manuel Roxas in 1948. His running mate, Senator Fernando Lopez won as Vice President...

, Senator Fernando Lopez
Fernando Lopez
Fernando López,Sr. was a Filipino statesman. A member of the influential López Family of Iloilo, Fernando López served as Vice President for three terms, under President Elpidio Quirino for the Liberals and Ferdinand Marcos for the Nacionalistas.-Early life and career:López was born on April 13,...

 (who was on his second year of service in the Senate) was elected Vice President of the Philippines
Vice President of the Philippines
-Description:The Vice-President is the first in the Philippine line of succession, assuming the Presidency upon the death, resignation, or removal by impeachment and subsequent conviction of the incumbent. The position was abolished by Martial Law in 1972, and was not included in the original text...

. To fill the vacancy, a special election was held separately with Senators whose terms ended in that year:

1955

In 1953
Philippine presidential election, 1953
Presidential, legislative and local elections were held on November 10, 1953 in the Philippines. Incumbent President Elpidio Quirino lost his opportunity to get a second full term as President of the Philippines to former Defense Secretary Ramon Magsaysay. His running mate, Senator Jose Yulo lost...

, Senator Carlos P. Garcia
Carlos P. Garcia
Carlos Polistico García was a Filipino teacher, poet, orator, lawyer, public official, political economist and guerrilla leader...

 (who was on his second year of service in the Senate) was elected Vice President of the Philippines
Vice President of the Philippines
-Description:The Vice-President is the first in the Philippine line of succession, assuming the Presidency upon the death, resignation, or removal by impeachment and subsequent conviction of the incumbent. The position was abolished by Martial Law in 1972, and was not included in the original text...

. To fill the vacancy, a special election was held separately with Senators whose terms ended in that year:

2001

In 2001, Vice President Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...

 succeeded Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...

 after the 2001 EDSA Revolution
2001 EDSA Revolution
The EDSA Revolution of 2001, also called by the local media as EDSA II or the Second People Power Revolution, is the common name of the four-day revolution that peacefully overthrew Philippine President Joseph Estrada from January 17–20, 2001...

, leaving the office of the vice president vacant. Arroyo appointed Teofisto Guingona (who was serving his second year as senator) as vice president later that year but prior to the 2001 Senate election
Philippine general election, 2001
The senatorial election was held in the Philippines on May 14, 2001. Independent candidate Noli de Castro, a former television anchor of TV Patrol of ABS-CBN was announced as the topnotcher...

. The Commission on Elections
Commission on Elections (Philippines)
The Commission on Elections, or COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls....

 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. In purposes of term limit
Term limit
A term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method to curb the potential for monopoly, where a leader effectively becomes "president for...

s, that senator would've deemed to have served a full six-year term.
Former senator Arturo Tolentino
Arturo Tolentino
Arturo Modesto Tolentino was a prominent political figure in the Philippines who briefly held the position of vice president in 1986. He is more well known as the father of the Philippine “archipelagic doctrine” and expert on the Law of the Sea.-Early career:Arturo M. Tolentino was born in Manila...

 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
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

 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 election’s 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.

The "thirteenth" senator

There had been four instances in the Fifth Republic where a seat was vacated exactly mid-way through the senator's term due to election to another office. In all cases, the thirteenth-placed senator in the immediately preceding election was not given the former's seat since the vacancy occurred after the election.
  • In 1998
    Philippine presidential election, 1998
    Presidential elections, legislative elections and local elections were held in the Philippines on May 11, 1998. In the presidential election, Vice President Joseph Estrada won a six-year term as President by a landslide victory. In the vice-presidential race, Senator Gloria Macapagal-Arroyo won a...

    , senator Gloria Macapagal-Arroyo
    Gloria Macapagal-Arroyo
    Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...

     was elected vice president mid-way through her term,.Arroyo's seat would be up for the 2001 election
    Philippine general election, 2001
    The senatorial election was held in the Philippines on May 14, 2001. Independent candidate Noli de Castro, a former television anchor of TV Patrol of ABS-CBN was announced as the topnotcher...

     and no special elections were held, nor was the thirteenth-placed candidate during the 1998 Senate election
    Philippine general election, 1998
    The senatorial election was held in the Philippines on May 11, 1998. The two main competing coalitions in the senatorial election were the Lakas-NUCD-UMDP and the Laban ng Makabayang Masang Pilipino -led coalition composed of the Laban ng Demokratikong Pilipino , Pwersa ng Masang Pilipino , the...

     (Roberto Pagdanganan
    Roberto Pagdanganan
    Roberto M. Pagdanganan is a Filipino politician.-Personal life:Robert Pagdanganan was born to former councilor Juan T. Pagdanganan, Jr. and Mrs. Rosalina Mamangon Pagdanganan. He is brother of former Calumpit, Bulacan mayor Ramon Pagdanganan...

    ) proclaimed winner. Later that year, Marcelo Fernan
    Marcelo Fernan
    Marcelo "Celing" Briones Fernán was a Filipino lawyer and political figure. He is the only Filipino to have served as both Chief Justice of the Supreme Court and as Senate president...

     died in office, leaving two vacant seats in the Senate (Fernan's seat would also be up in 2001).
  • In 2004
    Philippine presidential election, 2004
    The Philippine presidential and vice presidential elections of 2004 was held on Monday, May 10, 2004. In the presidential election, incumbent president Gloria Macapagal-Arroyo successfully won a full six-year term as President, with a margin of just over one million votes over her leading opponent,...

    , senator Noli de Castro
    Noli de Castro
    Manuel Leuterio de Castro, Jr. , better known as Noli de Castro or "Kabayan" Noli de Castro, was Vice President of the Philippines ....

     was elected vice president mid-way through his term . De Castro's seat would be up for the 2007 election
    Philippine general election, 2007
    Legislative and local elections were held in the Philippines on May 14, 2007. Positions contested included half the seats in the Senate, which are elected for six-year terms, and all the seats in the House of Representatives, who were elected for three-year terms...

     and no special election was held, nor was the thirteenth-placed candidate during the 2004 Senate election
    Philippine general election, 2004
    The senatorial election was held in the Philippines on May 10, 2004. The major coalitions that participated are the Koalisyon ng Katapatan at Karanasan sa Kinabukasan composed of parties that support the candidacy of president Gloria Macapagal-Arroyo, and the Koalisyon ng Nagkakaisang Pilipino ,...

     (Robert Barbers
    Robert Barbers
    Robert Zabala Barbers was a police officer, Secretary of Interior and Local Government and Senator of the Philippines.-Early life and studies:...

    ) proclaimed winner.
  • In 2007
    Philippine general election, 2007
    Legislative and local elections were held in the Philippines on May 14, 2007. Positions contested included half the seats in the Senate, which are elected for six-year terms, and all the seats in the House of Representatives, who were elected for three-year terms...

    , senator Alfredo Lim
    Alfredo Lim
    Alfredo Siojo Lim is the incumbent Mayor of the City of Manila and a former senator of the Philippines. A widower, he first served as mayor of Manila from 1992 to 1998 and returned to that post after winning in the 2007 mayoral election.-Early life and career:Born on December 21, 1929 in 1324 J...

     was elected mayor of Manila
    Mayor of Manila
    The Mayor of Manila is the head of the executive branch of the City of Manila's government. The mayor holds office at Manila City Hall. Like all local government heads in the Philippines, the mayor is elected via popular vote, and may not be elected for a fourth consecutive term...

     mid-way through his term..Lim's seat would be up for the 2010 election
    Philippine general election, 2010
    Elections for all positions in the Philippines above the barangay were held on Monday, May 10, 2010. The elected president will become the 15th President of the Philippines, succeeding President Gloria Macapagal-Arroyo, who is barred from seeking re-election due to term restrictions...

     and no special election was held, nor was the thirteenth-placed candidate during the 2007 Senate election
    Philippine Senate election, 2007
    Election to the Senate of the Philippines was held on Monday, May 14, 2007. This is to elect 12 of the 24 seats in the Senate. Together with those elected in 2004, they will comprise the 14th Congress via plurality-at-large voting. The senators elected in 2004 will serve until June 30, 2010, while...

     (Aquilino Pimentel III
    Aquilino Pimentel III
    Aquilino Martin de la Llana Pimentel III commonly known as Koko Pimentel, is the son of the former senator Aquilino Pimentel, Jr. and Lourdes dela Llana-Pimentel. He was proclaimed on August 11, 2011 as the 12th winning senator in the 2007 election...

    ) proclaimed winner.
  • In 2010
    Philippine presidential election, 2010
    -Timeline:The COMELEC-mandated election period for this election was from January 10 to June 9, 2010.-2008:*August 26 - Then Metro Manila Development Authority Chairman Bayani Fernando announces bid for presidency....

    , senator Benigno Aquino III
    Benigno Aquino III
    Benigno Simeon Cojuangco Aquino III , also known as Noynoy Aquino or PNoy, is a Filipino politician who has been the 15th and current President of the Philippines since June 2010....

     was elected president mid-way through his term. Aquino's seat would be up for the 2013 election
    Philippine Senate election, 2013
    Election to the Senate of the Philippines will be held on Monday, May 13, 2013. This is to elect 12 of the 24 seats in the Senate. Together with those elected in 2010, they will comprise the 16th Congress. The senators elected in 2010 will serve until June 30, 2016, while the senators elected in...

     and no special election was held, nor was the thirteenth-placed candidate during the 2010 Senate election
    Philippine Senate election, 2010
    Election to the Senate of the Philippines was held on Monday, May 10, 2010. This is to elect 12 of the 24 seats in the Senate. Together with those elected in 2007, they will comprise the 15th Congress. The senators elected in 2007 will serve until June 30, 2013, while the senators elected in this...

     (Risa Hontiveros-Baraquel) proclaimed winner.

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

Note that this won't be a problem for senators elected prior to 1971, as long as they are elected to a new position prior to the second senate election of their terms (there were two elections for the senate for senators at that time). For senators elected since 1987, their seats will be vacant since there will be no intervening senate elections from the day they gave up their seat up to the expiration of their term.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK