NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S.B. No. 1062
sennit
•22 AU6-8 AlO :17
RECElVtDBV:
Introduced by SEN. WIN GATCHALIAN
AN ACT
MODIFYING THE GROUNDS FOR SUBSTITUTION OF CANDIDATES, 
AMENDING FOR THIS PURPOSE SECTION 77 OF BATAS PAMBANSA 
BILANG 881, S. 1985, OTHERWISE KNOWN AS 
THE OMNIBUS ELECTION CODE
EXPLANATORY NOTE
Section 77 of the Omnibus Election Code bestows to a political party the 
privilege of allowing the substitution of a party candidate who either (1) dies, (2) is 
disqualified for any cause, or (3) has withdrawn his or her candidacy. The first two 
grounds for substitution are involuntary in nature, while the third is a voluntary act.
Unfortunately, the act of withdrawing one's candidacy as a ground for 
substitution has been abused over the years, where vigilance and compliance over 
deadlines have been disregarded since the option of substitution has always been 
available. This unfortunate practice of just fielding anyone to be a party's candidate 
for the sake of complying with the COMELEC deadline is observed by some as a 
mockery of the process of filing certificates of candidacies.
Accordingly, this bill seeks to modify the grounds for substitution by removing 
the option of substitution in a case where an aspirant or official candidate of a political 
party voluntarily withdraws his candidacy, and adding incapacity as a ground for 
substitution of candidates. The rationale for this policy limitation is to further support


the strengthening and institutionalization of the political party system in the Philippines 
and to level off the playing field among candidates.
Political parties assess and determine the qualifications of their members and 
nominate them to qualify as their party's standard bearers for local and national 
positions through a party selection and nomination process. Thus, there is vetting 
process prior to the official filing of certificates of candidacy, Including the willingness, 
sincerity and commitment of a member to be the representative of their party for the 
contended elective position, a controllable requirement. The schedule for selection 
must already be an institutional and integral part of the political party process. 
Considering that the country has an election cycle of three years for local positions, 
and six years for national positions, political parties have sufficient time to nominate 
and select their respective candidates.
Thus, it would be anathema to the concept of organized and institutionalized 
party procedures if the parties will still be given the option to substitute candidates 
who have voluntarily withdrawn their candidacies. Strengthening political parties mean 
that their selection process must conform to only one COMELEC deadline in terms of 
filing of certificates of candidacy.
Moreover, substitution by withdrawal is only allowed when the candidate is a 
member of a political party. This gives an unreasonable advantage to political parties 
at the expense of independent candidates. Political party candidates must be placed 
on a higher pedestal than the candidates without party affiliations. The party's 
supposed candidate's commitment to holster the party's banner should have been 
secured by the time the original filing of candidacies deadline had been set.
With all these considerations to further level off the election playing field, and 
to attain stronger and more institutionalized political party sys]jem,^he passage of this 
bill is thus earnestly sought.
LIAN


Senate
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S.B. No.1 0R2
of lij« # ‘tretarj^
■22 Alffi-8 AlO :17
RECEIVED BV;
Introduced by SEN. WIN GATCHALIAN
AN ACT
MODIFYING THE GROUNDS FOR SUBSTITUTION OF CANDIDATES, 
AMENDING FOR THIS PURPOSE SECTION 77 OF BATAS PAMBANSA 
BILANG 881, S. 1985, OTHERWISE KNOWN AS 
THE OMNIBUS ELECTION CODE
Be it enacted by the Senate and the House of Representatives of the Phiiippines 
in Congress assembied:
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SECTION 1. Section 77 of Batas Pambansa Big. 881, s. 1985, otherwise known
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as the "Omnibus Election Code," is hereby amended to read as follows:
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"SECTION 77. Candidates in case of death, INCAPACITY OR
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disqualification [or withdrawal] of another. - If after the last day
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for the filing of certificates of candidacy, an official candidate of a
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registered or accredited political party dies, BECOMES
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INCAPACITATED [withdraws] or is disqualified for any cause,
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only a person belonging to, and certified by, the same political party
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may file a certificate of candidacy to replace the candidate who
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died, BECOMES INCAPACITATED [withdrew} or was
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disqualified. The substitute candidate nominated by the political
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party concerned may file his certificate of candidacy for the office
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affected in accordance with the preceding sections not later than
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mid-day of the day of the election. If the death, INCAPACITY


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[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. 2. Separability Clause. - If any part, section or provision of this Act is 
declared Invalid or unconstitutional, the other parts thereof not affected thereby shall 
remain in full force and effect.
SEC. 3. Repealing Clause. - All laws, acts, presidential decrees, executive 
orders, administrative orders, rules and regulations, or parts thereof inconsistent with 
or contrary to the provisions of this Act are hereby modified, amended, or repealed 
accordingly.
SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days following 
its publication in the Official Gazette or in a newspaper of general circulation.
Approved,