Republic of the Philippines
HOUSH 0F REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth (19th) Congress
Second Regular Session
HOUSHB|LLNo.879/:
i    DATE I  7  Au6  2023
3:i.,  ev                            ^.&
Introduced by Representative MA. VICTORIA CO-PILAR
ANACT
AMENDING SECTION 77 0F BATAS PAMBANSA BILANG 881, OTHERVISE
KNOWN AS THE OMNIBUS ELECTION CODE, TO MODIFY TIIE GROUNDS
FOR SUBSTITUTION 0F CANDIDATES
EXPLANATORY NOTH
Batas Pambansa 81g. 881, otherwise known as the Omnibus Election Code, gives
political parties the  chance to change their candidates before  elections based on three
grounds : death, disqualification, or withdrawal of the candidate. This substitution provision
enshrined in Section 77 of the Code is an acknowledgment of the importance of our party
system and political parties. Hence, substitution is a privilege granted to political parties
but not to individual candidates and accorded to candidates of political parties but not to
independent candidates.
The act of withdrawing one's candidacy has been misused throughout time that
unfortunately leads to a disdain for deadline vigilance and compliance. Unlike death and
disqualification,  withdrawal  is  a voluntary  act of a candidate.  Some people  view this
regrettable practice of simply fielding anyone as a "placeholder" in order to meet the
COMELEC deadline as a mockery of the certification of candidacy process.
Accordingly,  this  bill  seeks  to  amend the pertinent  provision  of the  Omnibus
Election  Code to  modify  the  grounds  for  substitution of candidates.  Withdrawal  of a
candidate from his or her candidacy shall no longer be allowed as a ground for substitution.
Moreover, permanent incapacity of a candidate must be included as an additional ground
for substitution of candidates of political parties. These adjustments will not only make the
voting process stronger, but they will also win back people's confidence in the democratic
process.
In view of the foregoing, the passage of this bill is earnestly sought.
-..1.i      +


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth (19th) Congress
Second Regular Session
HousEBILLNo;8794
Introduced by Representative MA. VICTORIA CO-PILAR
ANACT
AMENDING SHCTION 77 0F BATAS IIAMBANSA BILANG 881, OTHERWISH
KNOWN AS THE 0MI`ITBUS ELECTION CODE, T0 MODIFY TIIE GROUNDS
FOR SUBSTITUTION OF CANDIDATHS
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress
assembled:
1                    Section  1.  Section  77  of Batas  Pambansa  81g.  881,  otherwise  known  as  the
2      Omnibus Election code, is hereby aniended to read as follows:
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"Section 77. Candidates in case of death, PERMANENT INCAIACITY or
disqualification or withdmwnl of another. -If after the last dry for the filing
of  certificates  of  candidacy,  an  official  candidate  of  a  registered  or
accredited political party dies, withdrar:rs  BECOMES  PERMANENTLY
INCAPACITATED,   or  is   disqualified  for  any   cause,   only   a  person
belonging to, and certified by, the same political party may ffle a certificate
of candidaey  to  replace  the  candidate  who  died,  t,`,rtithdrei,iTr  BECAME
PERMANENTLY INCAPACITATED, or was disqualified. The substitute
candidate nominated by the political party concerned may file his certificate
of candidacy  for  the  office  affected  in  accordance  with  the  preceding
sections not later than mid-day  of the day of the election.  If the  death,
withdrai:rat PERMANENT INCAIIACITY, or disqualification should occur
between the  day  before  the  election  and  mid-dry  of election  day,  said
certificate may be filed with any board of election inspectors in the political
subdivision where he is a candidate, or, in the case of candidates to be voted
for by the entire electorate of the country, with the Commission."


1                     Section 2. J"p/eme#fz.#g Jt#/es ¢#d RegciJc]rz.o#Lg -Within thirty (30) days from the
2      effectivity of this Act, the commission on Elections (COMELEC), upon consultation with
3      relevant stakeholders, shall issue the iniplementing rules and regulations to implement the
4      provisions ofthisAct.
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6                   Section 3. Sep¢rabz./I.ty c7a#se -If any provision or part hereof is held invalid or
7      unconstitutional, the remainder of the law or the provision not otherwise affected shall
8      remain valid and subsisting.
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10                   Section 4. Repecr/i.I.g c/a#se -Any law, presidential decree or issuance, executive
11      order,   letter  of  instruction,  administrative  order,  rule  or  regulation  contrary  to  or
12      inconsistent with, the provisions of this Act is  hereby repealed, modified,  or amended
13       accordingly.
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15                    Section 5. EJrecrz.w.fy c/crztse -This Act shall take effect fifteen (15) days after its
16      publication in the official Gazette or in at least two (2) newspapers of general circulation.
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18                    Approved,
cith