Philippine Bar Association vs Commission on Elections

G.R. No. 72915 – 140 SCRA 453 – Political Law – Constitutional Law – Legislative Power – Delegation of Powers – Non-Delegability; Exceptions – Delegation to the People at Large

In November 1985, due to pressure hounding Pres. Ferdinand Marcos he suggested that a snap election for President and Vice President should be held to let the people decide on who should lead the country. The snap election was to be held in February 1986 ahead of the scheduled 1987 elections. Marcos then sent a letter to Congress advising that he shall vacate the presidency effective upon the taking of oath of the election winner. In December 1985, Congress passed B.P. Blg. 883 which scheduled the snap election on 7 February 1986.

Several petitions were then filed against the constitutionality of BP 883. Among the grounds raised was the fact that the 1973 Constitution does not allow for the President to conditionally resign; that the President, if ever he resigns, must be effective immediately; if not then there is no vacancy which warrants the holding of a special (snap) election.

ISSUE: Whether or not BP 883 is unconstitutional.

HELD: No. It is constitutional.

There is ponente in this case but several justices submitted their separate opinions. The Justices voted: seven justices voted for the constitutionality and five voted for its unconstitutionality.

In their separate opinions, several justices took note of the fact that there was an overwhelming support from the public in support of such an election. As such, the issue on whether or not a vacancy in the presidency must first be had before a special election may be had should be left to the people to decide in their sovereign capacity as voters in a clean, fair, and honest national election.