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Lozada, Jose Mari Eulalio C., et al. Vs. Commission on Elections (COMELEC) 120 SCRA 337

JOSE MARI EULALIO C. LOZADA and ROMEO B. IGOT, petitioners, vs. THE COMMISSION ON ELECTIONS, respondent.

G.R. No. L-59068 | 1983-01-27

D E C I S I O N


DE CASTRO, J.:

This is a petition for mandamus filed by Jose Mari Eulalio C. Lozada and Romeo B. Igot as a representative suit for and in behalf of those who wish to participate in the election irrespective of party affiliation, to compel the respondent COMELEC to call a special election to fill up existing vacancies numbering twelve (12) in the Interim Batasan Pambansa. The petition is based on Section 5(2), Article VIII of the 1973 Constitution which reads:

"(2) In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election, the Commission on Election shall call a special election to be...