House options on Del Mar replacement: Special election or caretakership?

CEBU, Philippines — Who will take over the position vacated after the passing of Cebu City North District Rep. Raul del Mar?

According to Cebu provincial election supervisor, Atty. Lionel Marco Castillano, the House of Representatives has two options: to decide whether it will call for a special election or appoint a caretaker-congressman to fill the vacancy.

Castillano said the Commission on Elections can only hold a special election if the Congress passes a resolution calling for a special election for the district which the late congressman had represented.

“Not a law, but a resolution of the Lower House stating the vacancy and calling on the COMELEC to conduct a special election will suffice,” said Castillano, adding that if the Congress is in recess, a certification from House Speaker Lord Allan Velasco on the vacancy will suffice.

In conducting the special election, the usual qualifications for the positioAn, as provided for in the Constitution, shall apply.

The COMELEC will then set a calendar of activities for the election, such as period for filing of certificate of candidacy (COC), campaign period, gun ban and other prohibitions.

While Castillano agreed that this setup would be a challenge in light of the present pandemic, he also stressed that nothing is impossible.

“If there's a House resolution citing the vacancy and the need to hold a special election, we will conduct the election if there's available funds,” he said.

“It is our duty to hold special elections in case of vacancy that occurs one year before the next elections,” he added.

But the Lower House may also choose to appoint a caretaker-congressman for the district.

If so, the House Speaker has the power to appoint such caretaker from among the incumbent congressmen, who will then serve the unexpired portion of the term until June 30, 2022.

“Usually, the Congress will designate a caretaker-congressman for the district unless the COMELEC will hold a special election,” Castillano said.

Just like a regular congressman of a district, the appointed caretaker-congressman will get projects for the district and assist or help its constituents with their concerns. — JMD (FREEMAN)