Comelec: Remedy for likely vacancy of Remulla’s post up to Congress

Commissioner George Garcia in a media briefing on April 27, 2022, on the first day of Local Absentee Voting held at the Comelec Session Hall, 8th floor, Palacio del Gobernador, Intramuros.

(File photo by LYN RILLON / Philippine Daily Inquirer)

MANILA, Philippines — The Commission on Elections (Comelec) on Monday said the remedy for the possible vacancy of congressman-elect Jesus Crispin “Boying” Remulla’s post would be up to Congress.

Comelec Commissioner George Garcia said Congress could either legislate a special elections in Cavite’s 7th district or designate a “caretaker” congressman for Remulla’s disrict should he finally accept the nomination and be officially appointed as secretary of the justice department under the incoming administration.

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“Kung sakaling tatanggapin niya ‘yung pwesto — halimbawa sa beginning of the term — then, technically magiging vacant ‘yung position ng congressman of the 7th District of Cavite,” explained Comelec Commissioner George Garcia. “In which case, dalawa ang mangyayari diyan — either mag-special election… or ang kalimitang nangyayari mayroong caretaker na isang kalapit na distrito.”

(If he accepts the post — for instance, at the beginning of his term — then, technically, the congressman of the 7th District of Cavite will be vacant. In which case, two things will happen — either hold a special election or there will be a caretaker from a nearby district.

The Comelec official stressed that Congress has the discretion on how to fill up the vacancy. He said the Comelec cannot conduct a special election without a law calling for it.

“We will wait for Congress. If Congress will say, ‘we will fill up the position, conduct a special election,’ we will conduct,” said Garcia.

Remulla was re-elected as Cavite 7th district representative during the May 9 elections. He is an ally of presumptive president Ferdinand “Bongbong” Marcos Jr., who offered him the justice chief post.

Remulla said he has accepted Marcos’ offer, which may render his congressional post vacant.

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