TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
of tltr u f
n>
25 MJGtl P3:i0
SENATE
Introduced by SENATOR IMEE R. MARCOS
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
At present, Section 77 of Batas Pambansa Bilang 881, or the Omnibus 
Election Code, permits the substitution of an official candidate in three (3) instances 
- death, disqualification, or voluntary withdrawal. However, some political party 
candidates have exploited this provision, using the withdrawal of their candidacy as 
a strategy to mislead the public regarding their true political intentions.
The proposed measure seeks to amend the grounds for substitution by 
removing voluntary withdrawal as a valid basis and introducing incapacity as an 
additional ground for candidate substitution. This amendments aims to serve as a 
safeguard against the abuse of the substitution process and to deter unscrupulous 
individuals from exploiting the gaps in the electoral system for their personal or 
political gain.
In view of the foregoing, the passage of this measure is earnestly sought.
MARCOS r


1 
2 
3 
. 4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
v -'iSilUtf of Iftf »rtvrt«rp
25 mu
SENATE
S.B. No. 1173
RECEIVED BY:
Introduced by SENATOR IMEE R. MARCOS
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 House of Representatives of the Philippines in Congress 
assembled:
SECTION 1. Section 77 of Bates Pambansa Big. 881, s. 1985, otherwise known 
as the "Omnibus Election Code," is hereby amended to read as follows:
"SECTION 77. Candidates in case of death, INCAPACITY OR 
disqualification [or withdrawal] of another. - If after the last day for the 
filing of certificates of candidacy, an official candidate of a registered or 
accredited political party dies, BECOMES 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, BECOMES 
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, INCAPACITY [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.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26 
27
IN ALL CASES OF SUBSTITUTION AFTER THE PERIOD FOR 
FILING OF THE CERTIFICATE OF CANDIDACY, THE SUBSTITUTE 
CANDIDATE MUST HAVE THE SAME SURNAME AS THE 
CANDIDATE SUBSTITUTED FOR.
AS USED IN THIS ACT, "INCAPACITY" SHALL MEAN A MENTAL 
AND/OR PHYSICAL CONDITION, DIAGNOSED BY A LICENSED 
PHYSICIAN ALONG WITH OTHER SUPPORTING EVIDENCE, THAT 
PREVENTS THE CANDIDATE FROM CARRYING OUT THE 
RESPONSIBILITIES OF THE OFFICE BEING SOUGHT, AND FOR 
WHICH THERE IS A REASONABLE CERTAINTY THAT THE 
CONDITION WILL PERSIST WITHOUT SIGNIFICANT 
IMPROVEMENT FOR THE ENTIRE DURATION OF THE TERM OF 
THAT OFFICE.
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, decrees, orders, and issuances, or portions 
thereof, which are inconsistent with the provisions of this Act, are hereby repealed, 
amended, or modified accordingly.
SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in newspaper of general circulation.
Approved,