No need to fill vacancy after resignation of 2 lawmakers

Comelec Chairperson George Erwin Garcia speaks at the briefing for the diplomatic corps on the Bangsamoro parliamentary elections on Wednesday, November 5, 2025. (Photo by Comelec/Viber)
May 19, 2026

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No need to fill vacancy after resignation of 2 lawmakers

Comelec Chairperson George Erwin Garcia —PHOTO BY COMELEC/VIBER

MANILA, Philippines — The Commission on Elections (Comelec) on Tuesday said that it will not need to conduct a special election to fill the vacancy of the two party-list lawmakers who recently resigned from the House of Representatives, noting that it will only need a notice from the lower chamber to trigger another proclamation.

This came after 1Tahanan party-list Rep. Nathaniel Oducado and Pinoy Workers party-list Rep. Franz Vincent Legazpi resigned from the House of Representatives on Monday. Oducado shared that he resigned due to health issues, and not because of voting in favor to impeach Vice President Sara Duterte.

READ: 2 party-list lawmakers quit House

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With this, Comelec chairperson George Erwin Garcia said that the poll body needs to receive a certificate of vacancy from the House of Representatives before it issues a certificate of proclamation. Here, the Comelec will inform the lower chamber who will fill the vacancy based on the order of nominees.

“We have to first receive a declaration from the House of Representatives that the position is now vacant and the name of the congressman who resigned has been removed from record, and then we will issue a certificate of proclamation,” Garcia told reporters in an interview.

Garcia said that the poll body did the same when former lawmakers Zaldy Co and Edvic Yap resigned from Ako Bicol party-list and ACT-CIS party-list, respectively, amid the flood control scandal. They were replaced by lawmakers Jan Franz Chan and Jeffrey Soriano for the respective party-lists.

READ: Comelec sets special polls in 2nd district of Antipolo City

Meanwhile, Garcia said that filling the vacancy is different for a district representative who died, resigned, or was removed from their post. He said that the poll body will only need to be informed of the vacancy through legitimate news sources before it will conduct a special election, as long as there is still over a year left to serve the respective district.

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“This will not be a special election. I hope there will be no more special election because the Comelec has no funds for that anymore,” Garcia added.

The Comelec held special elections for the 2nd district of Antipolo City last March 14 following the death of former lawmaker Romeo Acop. Acop’s son, Bong, assumed the post after obtaining 60,051 of 82,796 votes.

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Meanwhile, Garcia shared that the poll body received a letter from House of Representatives secretary general Cheroy Garafil stating the vacancy and acceptance of resignation of Legazpi. He added that the lower chamber already asked them if they issued a certificate of proclamation and who the replacement will be. /cb



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