Phil. Bar Association v. Comelec, G.R. No.

72915, December
20, 1985
Petitions were filed questioning the validity of BP 883, calling a special election
for President and Vice-President 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 President effective only when the election is held and after the
winner is proclaimed and qualified as Pres. by taking his oath of office ten days
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.

ISSUE
S:

1. Whether or not BP 883 is unconstitutional. 2. Whether or not the Supreme

Court should allow incumbent President Marcos to run
on that said special
election.

HELD: After deliberating, 7 Justices voted to dismiss. On the other hand, 5

Justices 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. The petitions should be dismissed.

On the second issue, it turned out to be a political 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.