Legally Yours,  Political Law

Philippine Bar Association v. COMELEC

Philippine Bar Association v. COMELEC

140 SCRA 455

FACTS:

A number of petitions assail the validity of B.P Blg. 883 calling for a special election for a President and Vice-president on February 7, 1986. Marcos gave a conditional resignation where he shall vacate the position only when a winner has been proclaimed and qualified by taking his oath 10 days after the proclamation. Petitioners question the validity of Marcos’ resignation as it did not create the vacancy needed for a special election to be held and pray for prohibition to acts in relation to B.P. Blg. 883

ISSUE:

Is the B.P Blg. 883 unconstitutional?

HELD:

The Court failed to have 10 votes to declare B.P. Blg. 883. Unconstitutional. Whereas the original issue on B.P Blg. 883’s constitutionality, the issue has now transformed into a political question where only the sovereign people can decide in a fair, clean and honest election. As such, the Court dismissed the petitions and denied their prayers of prohibition.

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