” HOUSE OF REPRESENTATIVES
RECEIVED
pate: 30 Jun 2016

TIME_2
Republic of the ‘itn ov ial
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manil REGISTRATION UNIT
BILLS AND INDEX SERVICE

SEVENTEENTH CONGRES
First Regular Session

q
House BiNNo, 274

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

This bill seeks to amend Section 77 of Batas Pambansa (BP) Bilang 881, as
amended, otherwise known as the “Omnibus Election Code of the Philippines,” by
excluding the withdrawal of a certificate of candidacy as a ground for the
substitution of a candidate.

BP 881, as amended, was enacted in 1985. Many of its provisions are still
effective to ensure the sanctity of the ballot and to provide an efficient electoral
system. A closer study of the law, however, will indicate that some of its
provisions are no longer relevant with the times. In particular, Section 77 of BP
881, as amended, is being used by would be candidates to circumvent the deadline
imposed by the Commission on Elections for the filing of certificate of candidacies.
Oftentimes, incumbent appointive public officials resort to this particular provision
to maximize their stay in their positions and enjoy the perks, benefits, and
privileges of their office.

Section 23 of BP 881 mandates the cessation of public appointive position or the
automatic resignation of a public officer upon the filing of a certificate of
candidacy. Thus, public officials take advantage of the provision of the law which
allows substitution of candidates who withdraw their certificate of candidacy
particularly in the case of accredited political parties, and mostly in local electoral
contests. A potential candidate usually asks another person to file a certificate of
candidacy which is later on withdrawn to allow the substitution in favor of the
potential candidate.


While the law allows the substitution of a candidate, some quarters have abused
this particular law and made a mockery of the electoral process. Hence, this
measure proposes to exclude the withdrawal of a certificate of candidacy as a
ground for the substitution of a candidate by amending Section 77 of BP 881, as
amended. This amendment will also help the electorate determine who among the
candidates are really sincere in their intent to serve the people.

In view of the foregoing, approval of this bill is eamestly sought.

jhe hbo D Men's

GERALDINE B. ROMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

+
House BillNo,__ 274

Introduced by Representative GERALDINE B. ROMAN

AN ACT
EXCLUDING WITHDRAWAL OF A CERTIFICATE OF
CANDIDACY AS A GROUND FOR SUBSTITUTION OF
A CANDIDATE, AMENDING FOR THE PURPOSE
SECTION 77 OF BATAS PAMBANSA BLG. 881,
OTHERWISE KNOWN AS THE OMNIBUS ELECTION
CODE

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

SECTION 1. Section 77 of Batas Pambansa Blg. 881 is hereby amended to
read as follows:

“SEC. 77. Candidates in case of death{,] OR disqualification or
withdrawal] of another. — If afier the last day for the filing of certificates
of candidacy, an official candidate of a registered or accredited political
party (PP) dies[, 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[, withdrew] or

was disqualified. The substitute candidate nominated by the political


1 party concerned may file his certificate of candidacy for the office

2 affected in accordance with the preceding sections not later than mid-day
3 of the day of the election. If the death[, withdrawal] or disqualification
4 should occur between the day before the election and midday of election
5 day, said certificate may be filed with any board of election inspectors in
6 the political subdivision where he is a candidate, or, in the case of
7 candidates to be voted for by the entire electorate of the country, with the
8 Commission.”

0 SEC. 2. This Act shall take effect fifteen (15) days after its publication in the

1. Official Gazette or in a newspaper of general circulation.

12 Approved,