1 
Republic of the Philippines 
1 
HOUSE OF REPRESENTATIVES 
2 
Quezon City 
3 
4 
EIGHTEENTH CONGRESS 
5 
Third Regular Session 
6 
7 
HOUSE BILL No.  ___ 
8 
___________________________________________________________________________ 
9 
Introduced by 
10 
BAYAN MUNA Reps. CARLOS ISAGANI T. ZARATE, 
11 
FERDINAND R. GAITE and EUFEMIA C. CULLAMAT,  
12 
ACT TEACHERS Party-List Rep. FRANCE L. CASTRO,  
13 
GABRIELA Women’s Party Rep. ARLENE D. BROSAS 
14 
 and KABATAAN Party-List Rep. SARAH JANE I. ELAGO 
15 
16 
AN ACT PROHIBITING THE SUBSTITUTION OF CANDIDATES  
17 
BY REASON OF WITHDRAWAL  
18 
THEREBY AMENDING SECTION 77 OF THE BATAS PAMBANSA BILANG 881 OR 
19 
THE OMNIBUS ELECTION CODE OF THE PHILIPPINES 
20 
21 
22 
EXPLANATORY NOTE 
23 
24 
What used to be a remedy has become a strategy for scheming politicians and political parties. 
25 
26 
In the previous national elections, the nation was stunned by the strategy of a city mayor who 
27 
substituted a presidential candidate at the last minute and was able to win the race leaving far behind 
28 
his fellow presidential candidates. To recall, Martin Diño was widely known to have been a 
29 
placeholder for then Davao City Mayor Rodrigo Duterte. He was heard in several of his media 
30 
interviews that he filed his Certificate of Candidacy for presidency when the then Mayor Duterte 
31 
failed to file his COC. Beforehand, the COMELEC Law Department was set to declare more than 
32 
120 nuisance candidates that included Diño.1 
33 
34 
Yet, even prior to the 2016 national elecions, that  playbook of a last minute candidate substitution 
35 
has already been used and, in many instances,  exploited and taken advantage of  by many parties to  
36 
confuse the people, even to put in mockery the election processes. 
37 
38 
Thus, it felt like déjà vu again on October 8, 2021, the last day for the period of filing of COCs for 
39 
the 2022 Elections. While supporters were almost exhausted fervently waiting for the arrival of 
40 
Davao City Mayor Sara Duterte at the PICC tent, a surprise presidential candidate filed his COC and 
41 
even announced that he is willing to give way to the current Davao City mayor if she will run for the 
42 
presidency.  
43 
44 
1 https://www.rappler.com/nation/elections/duterte-placeholder-dino-withdraws-presidential-bid 
October 14, 2021
2:07 pm
10387


2 
Another political party admittedly fielded placeholders for President and Vice President in the event 
1 
that Mayor Sara Duterte finally decides to run for President.2  
2 
3 
Section 77 of the Omnibus Election Code was intended to be a remedy for the substitution of a 
4 
candidate due to the death, disqualification or  withdrawal of another even until the midday of the 
5 
election day.   
6 
7 
However, these recent developments have shown how scheming politicians would do everything, 
8 
and even circumvent the law, to achieve their selfish interests. The use of the said provision as a 
9 
strategy makes a mockery of the election process and an insult to the intelligence of voters.  To 
10 
allow this to continue is to defeat the people’s right to vote and to attack our democracy.  
11 
12 
It is earnestly sought that this bill be passed into law in the soonest possible time. 
13 
14 
Approved, 
15 
REP. CARLOS ISAGANI T. ZARATE 
Bayan Muna Partylist  
REP. FERDINAND R. GAITE 
Bayan Muna Partylist 
REP. EUFEMIA C. CULLAMAT 
Bayan Muna Partylist 
REP. ARLENE D. BROSAS 
GABRIELA Women’s Party  
REP. FRANCE L. CASTRO 
ACT Teachers Partylist  
REP. SARAH JANE I. ELAGO 
Kabataan Partylist 
16 
2 https://www.rappler.com/nation/elections/waiting-sara-duterte-lakas-cmd-fields-placeholder-for-president-2022 


3 
Republic of the Philippines 
1 
HOUSE OF REPRESENTATIVES 
2 
Quezon City 
3 
4 
EIGHTEENTH CONGRESS 
5 
Third Regular Session 
6 
7 
HOUSE BILL No.  ___ 
8 
___________________________________________________________________________ 
9 
Introduced by 
10 
BAYAN MUNA Reps. CARLOS ISAGANI T. ZARATE, 
11 
FERDINAND R. GAITE and EUFEMIA C. CULLAMAT,  
12 
ACT TEACHERS Party-List Rep. FRANCE L. CASTRO,  
13 
GABRIELA Women’s Party Rep. ARLENE D. BROSAS 
14 
 and KABATAAN Party-List Rep. SARAH JANE I. ELAGO 
15 
16 
AN ACT PROHIBITING THE SUBSTITUTION OF CANDIDATES  
17 
BY REASON OF WITHDRAWAL  
18 
THEREBY AMENDING SECTION 77 OF THE BATAS PAMBANSA BILANG 881 OR 
19 
THE OMNIBUS ELECTION CODE OF THE PHILIPPINES 
20 
21 
22 
Be it enacted by the House of Representatives and the Senate of the Philippines in Congress assembled: 
23 
24 
SECTION 1.  Section 69 of the Batas Pambansa Bilang 881 or the Omnibus Election Code (OEC) 
25 
is hereby amended to read as follows: 
26 
27 
“Section 69. Nuisance candidates. - The Commission may motu proprio or upon 
28 
a verified petition of an interested party, refuse to give due course to or cancel 
29 
a certificate of candidacy if it is shown that said certificate has been filed to put 
30 
the election process in mockery or disrepute or to cause confusion among the 
31 
voters by the similarity of the names of the registered candidates or by other 
32 
circumstances or acts which clearly demonstrate that the candidate has no bona 
33 
fide intention to run for the office for which the certificate of candidacy has 
34 
been filed and thus prevent a faithful determination of the true will of the 
35 
electorate.  
36 
37 
ANY CANDIDATE WHO HAS, IN ANY WAY SHOWN OR 
38 
EXPRESSED, DIRECTLY OR INDIRECTLY, THAT HE OR SHE IS 
39 
ONLY A PLACEHOLDER FOR ANOTHER CANDIDATE, IS 
40 
PRIMA FACIE EVIDENCE THAT SAID CANDIDATE HAS NO 
41 
BONA FIDE INTENTION TO RUN FOR THE OFFICE FOR 
42 
WHICH THE COC HAS BEEN FILED.”  
43 
44 
SECTION 2. Section 77 of the OEC is also hereby amended to read as follows: 
45 
46 
10387


4 
 
“Sec. 77. Candidates in case of death, PERMANENT INCAPACITY, 
1 
OR disqualification or withdrawal of another. - If after the last day for the 
2 
filing of certificates of candidacy, an official candidate of a registered or 
3 
accredited 
political 
party 
dies, 
withdraws 
IS 
PERMANENTLY 
4 
INCAPACITATED or is disqualified for any cause, only a person belonging 
5 
to, and certified by, the same political party may file a certificate of candidacy 
6 
to replace the candidate who died, withdrew WAS PERMANENTLY 
7 
INCAPACITATED or was disqualified. The substitute candidate nominated 
8 
by the political party concerned may file his certificate of candidacy for the 
9 
office affected in accordance with the preceding sections not later than mid-
10 
day of the day of the election. If the death, withdrawal  PERMANENT 
11 
INCAPACITY or disqualification should occur between the day before the 
12 
election and mid-day of election day, said certificate may be filed with any 
13 
board of election inspectors in the political subdivision where he is a candidate, 
14 
or, in the case of candidates to be voted for by the entire electorate of the 
15 
country, with the Commission.” 
16 
 
17 
SECTION 3. Repealing clause – All laws, decrees, resolutions, orders or ordinances or parts 
18 
thereof inconsistent with this Act, are hereby repealed, amended or modified accordingly. 
19 
 
20 
SECTION 4.  Effectivity. – This law shall take effect after fifteen days following its publication in 
21 
the official gazette or in a newspaper of general circulation. 
22 
 
23 
 
24 
Approved. 
25