PHILIPPINE BAR ASSOCIATION vs.

COMELEC
140 SCRA 455, January 7, 1986

FACTS:
Petition were filed questioning the validity of BP 883, calling a special election for President and VicePresident on February 7, 1986. The law was enacted following the letter of President Marcos to the BP
that he was "irrevocably vacating the position of Presidenteffective only when the election is held and after
the winner is proclaimed and qualified as Pres. by taking his oath of office tendays after his proclamation."
The principal ground for the challenge to the validity of the statute was that the conditional resignation of
the President did not create a vacancy required by Article VII, Sec. 9 which authorized the calling of a
special election.

ISSUES:
Whether or not BP 883 is unconstitutional.
Whether or not the Supreme Court should allow incumbentPresident Marcos to run on that said special
election.

HELD:
After deliberating, 7 Justices voted to dismiss. On the other hand, 5Justices voted to declare the statute
unconstitutional. In accordance with Javellana v. Executive Secretary, of the view that as there were less
than ten votes for declaring BP 883 unconstitutional. Thepetitions should be dismissed.
On the second issue, it turned out to be a politacal question. It can only be decided by the people in their
sovereign capacity at the scheduled election. Thus, it is outside the ambit of the courts. The Court cannot
stand in the way of letting the people decide through their ballot, either to the give the incumbent president
a new mandate or elect a new president.