PHILIPPINE BAR ASSOCIATION VS.

COMELEC
140 SCRA 455

FACTS:
A number of petitions assailing the validity of B.P Blg. 883 calling for a special election for a President and
Vice-president on February 7, 1986. Marcos gave a conditional resignation where he shall vacate the
position only when a winner has been proclaimed and qualified by taking his oath 10 days after the
proclamation. Petitioners question the validity of Marcos resignation as it did not create the vacancy
needed for a special election to be held and pray for prohibition to acts in relation to B.P. Blg. 883

ISSUE:
Is the B.P Blg. 883 unconstitutional?

HELD:
The Court failed to have 10 votes to declare B.P. Blg. 883. Unconstitutional. Whereas the original issue on
B.P Blg. 883s constitutionality, the issue has now transformed into a political question where only the
sovereign people can decide in a fair, clean and honest election. As such, the Court dismissed the
petitions and denied their prayers of prohibition.