Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second  Regular Session
'-.``HOuSEBILLNo.9069
Introduced by REP. RuWEL PETER S. GONZAGA
EXPLANATORY NOTE
This bill seeks to amend  Batas Pambansa  Bldg. 881, Section 77 ''Condi.dc7£es I.r} c.ose
of death, disqualifiication, or withdrawal of another.  -lf after the last clay for the I.il.ing of
certificates of candidacy, an official candidate of a registered or accredited  political party
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  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,  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."
which was approved last 38 years ago.
At  present  there  is  a  need  to  amend  this  particular  section  in  order  for  the
modification  for the  substitution  of  candidates.      It  is  of  public  knowledge  that  some
political parties have abused this provision in election substitution in favor of their favored
candidates.  The  approval  of  this  bill  will  prevent  any  political  party  in  misleading  the
Filipino voters.
ln view of the foregoing, immediate approval of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
6.''HousEBiLLNo.9069
Introduced by REP. RuWEL PETER GONZAGA
AN ACT
AMENDING SECTION 77 0F BATAS PAMBANSA BILANG 881, OTHERWISE
KNOWN AS THE OMINIBuS ELECTION CODE, TO MODIFY THE GROUNDS
FOR SUBSTITUTION OF CANDIDATES
Be  it erac{ed  by the Senate  and  House  of Representatives of the  Philippines in  Congress
assembled:
SECTION 1. Section  77 of the  Batas Pambansa  Bldg. 881, otherwise known  as the
Omnibus Election Code, is hereby amended to read as follows:
"Section    77.    Candidate    in    case    of    death,     PERMANENT    INCAPACITY    or
disqualification orwithdrawal of another. -   lf after the last day of the filling of certificates
of  candidacy,  an  official  candidate  of  a  registered  or  accredited   political  party  dies,
1,1,Jithdfai#s BECOMES PERMANENTLY INCAPACITED, or was 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,    `,A,Jith,c!re`TA,,    BECOME    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,
i,A,iithc!ra`,A,'a!  PERMANENT  INCAPACITY,  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  the  entire  electorate  of  the  country,  with  the
Commission."
SECTION 2. Implementing Rules and Regulations -Within thirty (30) days from the
effectivity  of this  Act,  the  Commission  on  Election  (COMELEC),  upon  consultation  with
relevant stakeholders,  shall  issue the  implementing  rules  and  regulations to  implement
the provisions of this Act.
SECTION  3. Separability clause -if any provision or part hereof is held  invalid  or
un constitutional, the remainder of the law or the provision  not otherwise affected shall
remain valid and subsisting.
SECTION 4. #apeo/{.ng C/c7use. -Any laws, presidential decrees, issuances, executive
orders,  letters  of  instruction,  administrative  order,  rules,  or  regulations  contrary to  or
inconsistent with the  provisions of this Act are  hereby  repealed,  modified  or amended
accordingly.


t
SECTION  5. E#ecfi.v!.fy C/oL/se. -This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approved,