Case Digest: Philippine Bar Association v. COMELEC, G.R. No. 72915, decided January 7, 1986; 140 SCRA 455

Political Law Review | The 1986 Provisional Constitution

  • President Ferdinand Marcos announced a snap election for President and Vice President on February 7, 1986, to be held under Batas Pambansa Bilang 883.

  • He also submitted a conditional resignation letter stating he would vacate the presidency only after the election had been held and a winner duly proclaimed and sworn in, raising doubts whether an actual vacancy occurred as required by Article VII, Section 9 of the 1973 Constitution.

  • Civil society groups, led by the Philippine Bar Association, filed 11 petitions for prohibition to stop the enforcement of BP 883 and prevent the snap election, arguing the law was unconstitutional for allowing Marcos to remain in office while calling a special election.


Whether Batas Pambansa 883 is unconstitutional. 

  • The Supreme Court dismissed the petitions by a vote of 7–5 because fewer than ten justices voted to declare BP 883 unconstitutional (a constitutional invalidation of a statute requires at least 10 votes under existing precedent). 

  • As to whether the election should be prohibited, the Court held it was a political matter not a judicial one.

  • The Court deferred to the people's sovereign will expressed through the election, noting that interruptions while campaigns were ongoing and public expectations were high would cause instability.


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