2005 Cebu's 5th congressional district special election

Each congressional district of the Philippines sends one representative to the House of Representatives. An election to the seat is via first-past-the-post, in which the candidate with the most votes, whether or not one has a majority, wins the seat. Based on Republic Act (RA) No. 6645, in order for a special election to take place, the seat must be vacated, the relevant chamber notifies the Commission on Elections (COMELEC) the existence of a vacancy, then the COMELEC schedules the special election. There is a dispute in the procedure as a subsequent law, RA No. 7166, supposedly amended the procedure, bypassing the need for official communication from the relevant chamber of the vacancy. The COMELEC has always waited on official communication from the relevant chamber before scheduling a special election.[1]

Meanwhile, according to RA No. 8295, should only one candidate file to run in the special election, the COMELEC will declare that candidate as the winner and will no longer hold the election.[2]

Cebu's 5th congressional district in 2005.

In 2004, representative Joseph Ace Durano (Lakas-CMD) was appointed by President Gloria Macapagal Arroyo as Secretary of Tourism. Durano accepted the appointment on November 30, 2004, which caused his seat to be vacated. As a result, the House of Representatives issued a resolution on March 2, 2005, declaring the seat vacant, paving way for the Commission on Elections to call an election on May 30, 2005. Candidates filed their certificates of candidacy from April 22 to 28.[3] Campaign period was from April 29 to May 28.

Three candidates ran in the election:[4]

• Dean Severo Dosado (Pwersa ng Masang Pilipino), former vice mayor of Sogod
• Ramon Durano VI (Nationalist People's Coalition), brother of outgoing congressman Ace Durano
• Wilfredo Tuadles (independent), businessman

President Gloria Macapagal Arroyo declared a special non-working holiday in the 5th district on election day so that voters can participate in the election.[4]

Durano's brother, Ramon Durano VI of the Nationalist People's Coalition (NPC), won convincingly to keep the seat within the Durano family, winning in all 891 polling precincts in the district's ten towns and Danao. His grandfather, Ramon Durano, Sr., previously held the seat from 1949 to 1972 (the area was districted as Cebu's 1st district at that time). Ramon VI's father, Ramon Durano III, then mayor of Danao, later became congressman and then represented the district for three consecutive terms from 1987 to 1998, before Joseph Ace succeeded him. Joseph Ace was on his second term when he was appointed Tourism secretary. Even before the votes were cast, Durano's opponent, Dean Severo Dosado, was quoted as having said he did not think he was going to win. He and the other candidate, Wilfredo Tuadles, did not field any poll watchers.[5]

The low turnout (48.56%) was blamed on the non-inclusion of areas outside the district in the special holiday for the election. Another factor was the nonexistence of campaign materials from the candidates. The turnout in Liloan, the town with the lowest turnout at 31.78%, was blamed on the town fiesta that prevented the electorate from voting.[6]

Dosado described the election as a "waste of money" and blamed Joseph Ace for it.[5]

• COMELEC Resolution 7468