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Philippine Bar Association vs. COMELEC FACTS: BP Blg.

883 is calling for a special national election on February 7, 1986 for the offices of President and Vice President of the Philippines. Petitioners contend that the letter of the President recommending to the Batasan the calling of a special election because of the need for the President to seek a new mandate in an election that will assess, as demanded by the opposition, the policies and program being undertaken by him upon his undertaking that he will irrevocably vacate the position of the President effective when such election is held and the winner is proclaimed and qualified as president by taking his oath of office ten days after his proclamation is not a resignation which would create a vacancy within the meaning of Sec. 9 of Art. VII of the Constitution. Petitioners pray for the issuance of an injunction restraning respondents from holding the election. ISSUE: The constitutionality of BP Blg. 883.

HELD: The only instance that the Batasan can call for the holding of an election before the expiration of the term of the President in 1987 is upon the occurrence of the contingencies provided in Sec. 9 Art. VII of the Constitution, namely the permanent disability, death, removal from office or resignation of the President before the Presidential election of 1987 for in that case a vacancy in the office of the President has been created triggering the mechanism for the calling of a special election to fill up said vacancy together with the election of the vice president in accordance with sec. 9, Art. VII of the Constitution. But the real issue at bar has thus veered from the purely justiciable issue of the questioned constitutionality of the Act due to the lack of an actual vacancy in the office of the President and transform itself into a political question that can only be truly decided by the people in their sovereign capacity in a fair, clean and honest election. The people's will should prevail. In as much as there are less than the required ten votes to declare Batas Pambansa Bilang 883 unconstitutional, the petitions in these cases are hereby DISMISSED and the writs therein prayed for are DENIED.