eV aunwne

10
a
2
13
14

1s
16
7
18
19

2
22
23
24
25

26

7

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
1st Regular Session

HOUSE BILL NO. 437

Introduced by Rep. JOHNNY PIMENTEL.

EXPLANATORY _ NOTE

The Constitution provides that the Philippines is a democratic and a republican
State. Sovereignty resides in the people and all government authority emanates
from them. Under this Constitutional fiat, we operationalized it with the
holding of popular and competitive elections.

With the aim to establish a systematic rule to govern elections, Batasan
Pambansa Blg. 881 was enacted. Section 77 of the BP Blg. 881 allows substitution
for persons who file their certificate of candidacy in the event of the persons’
death, disqualification of withdrawal. It should be noted that both grounds of
death and disqualification are involuntary while withdrawal is susceptible to
one’s own volition.

In the past few elections, Section 77 provision allowing for one’s withdrawal
has become susceptible to abuse and has been used by persons who file their
certificate of candidacy serving merely as place holders. This has allowed
political parties, both national and local, to field non-bona fide candidates merely
to comply with the electoral deadline of filing for candidacy in mockery of our
electoral system.

This measure seeks to rectify this mechanism and abolish withdrawal as a
ground for substitution. It also includes candidate place holders as nuisance
candidates. Furthermore, this bill penalizes the act of being a nuisance
candidate as an election offense to preserve the sanctity of the Philippine
elections.

The passage of this measure is earnestly sought.

HON.J


eV anewne

22
23
24
25
26
27

29
30
31
32

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
1st Regular Session

HOUSE BILL NO. 437

Introduced by Rep. JOHNNY PIMENTEL

“AN ACT
PROHIBITING THE SUBSTITUTION OF CANDIDATES BY REASON OF

WITHDRAWAL, AMENDING FOR THE PURPOSE SECTIONS 69, 77 AND 262 OF
BATAS PAMBANSA BILANG 881, OTHERWISE KNOWN AS THE OMNIBUS.

ELECTION CODE, AS AMENDED”

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Section 69 of Batas Pambansa Blg. 881, also known as the
“Omnibus Election Code of the Philippines,” is hereby amended to read as follows:

“Section 69. Nuisance candidates. - The Commission may motu
proprio or upon a verified petition of an interested party, refuse to give due
course to or cancel a certificate of candidacy if it is shown that said certificate
has been filed to put the election process in mockery or disrepute or to cause
confusion among the voters by the similarity of the names of the registered
candidates or by other circumstances or acts which clearly demonstrate that
the candidate has no bona fide intention to run for the office for which the
certificate of candidacy has been filed and thus prevent a_ faithful
determination of the true will of the electorate.

A PERSON |S DEEMED TO HAVE NO BONA FIDE INTENTION TO
RUN FOR OFFICE IF SHOWN OR HAS EXPRESSED, DIRECTLY OR
INDIRECTLY, THAT HE OR SHE ONLY FILED A CERTIFICATE OF
CANDIDACY FOR THE PURPOSE OF SERVING AS A PLACE HOLDER.
VIOLATION OF THIS SECTION SHALL ALSO CONSTITUTE AS
ELECTION OFFENSE PUNISHABLE IN THIS CODE.”

SEC. 2. Section 77 of BP Big. 881 is hereby amended to read as follows:

“Section 77. Candidates in case of death, disqualification or
PERMANENT INCAPACITY [withdrawal] of another. - If after the
last day for the filing of certificates of candidacy, an official

2


eo ey ana wne

candidate of a registered or accredited political party dies,
BECOMES PERMANENTLY INCAPACITATED [withdraws] or is
disqualified for any cause, only a person belonging to, and
certified by, the same political party may file a certificate of
candidacy to replace the candidate who died, BECAME
PERMANENTLY INCAPACITATED [withdrew] 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, BECOMES
PERMANENTLY INCAPACITATED [withdrawal] or
disqualification should occur between the day before the election
and mid-day 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.”

SEC. 3. Section 77 of BP Blg. 881 is hereby amended to read as follows:

"Section 262. Other election offenses. - Violation of the
provisions, or pertinent portions, of the following sections of this
Code shall constitute election offenses: Sections 9, 18, 69, 74, 75,
76, 60, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100,
101, 102, 103, 104, 105, 106 107, 108, 109, 110, 111, 112, 122,
123, 127, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172, 173,
174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192, 194, 195,
196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,
212, 213, 214, 215, 216, 217. 218, 219, 220, 223, 229, 230, 231.
233, 234, 235, 236, 239 and 240.”

SEC. 4. Implementing Rules and Regulation. — The Commission on Elections
shall promulgate and issue the rules and regulations necessary to implement the
provisions of this Act.

SEC. 5. Separability Clause. — If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.


oe Naw ew

SEC. 6. Repealing Clause. - All laws, presidential decrees, letters of
instructions, executive orders, rules, regulations, and other issuances or parts thereof
which are contrary to or inconsistent with the provisions of this Act are hereby revoked,
repealed, amended or modified accordingly.

SEC. 7. Effectivity Clause. ~ This act shall take effect fifteen (15) days following
the completion of its publication in the Official Gazette or in at least one (1) newspaper

of general circulation.

Approved,