FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'? 
NUVIO !] 1 ::;3 
SENATE 
S. No. 3518 
Introduced by .Senator FRANCIS G. ESCUDERO 
E~PLANATORY NOTE 
The approval of Republic Act No. 9369, amending Republic Act No. 8436, 
otherwise known as the Poll Automation Law, introduced many significant 
modifications in the manner by which national and local elections will be 
conducted. One of the major practical ramifications of the reforms introduced by 
the foregoing measure, is the change in the manner by which voters shall cast 
their votes, particularly, the form of election documents to be used, specifically 
the ballots. Since the adoption of an Automated Election System shall have the 
practical effect of the printed:baUots containing the names of candidates to be 
voted upon, the provisions of R.A. 9369 have rendered the provisions of Batas 
Pambansa Blg. 881, otherwise known as the Omnibus Election Code, and 
Republic Act No. 9006, otherwise known as the Fair Election Act, on the 
substitution of candidates obsolete. 
Given the foregoing factual milieu, it has become necessary to amend 
Section 77 of the Omnibus Election Code and Section 12 of R.A. 9006 to ensure 
that the legislative intent of providing a means to effectively substitute an official 
candidate of a registered or accredited political party who dies or is disqualified 
for any cause, as provided for i.n the Omnibus Election Code and the Fair Election 
Act is carried over and maintained under the present circumstances. 
Hence, the approval of this bill is earnestly sought. 
<ofs 
FRANCIS G. ESCUDERO 
1 
• 


, 
FOURTEENTIl CONGRESS· OF TIlE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S. No.3518 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
AMENDING SECTION 77 OF THE OMNIBUS ELECTION CODE AND 
R.A. 9006, AS AMENDED, BY ALLOWING THE SUBSTITUTION OF 
CANDIDATES 
ON 
THE 
GROUNDS 
OF 
DEATH 
OR 
DISQUALIFICATION OF THE ORIGINAL CANDIDATE. 
Be it enacted by the Senate and the House of Representatives of the Republic of 
the Philippines in Congress assembled: 
1 
SECTION 1. Section 77 of the Omnibus Election Code1 and Section 12 of R.A. 
2 
90062, as amended, are hereby further amended to read anew as follows: 
3 
4 
"Section 77. Candidates in case of death or 
5 
disqualification of another. - If after the last day 
6 
for the filing of certificates of candidacy, an official 
7 
candidate of a registered or accredited political 
8 
party dies or is disqualified for any cause, only a 
9 
person belonging to, and certified by, the same 
10 
political party may tile a certificate of candidacy to 
11 
replace 
the 
candidate who 
died 
or was 
12 
disqualified. The substitute candidate nominated 
13 
by the political party concerned may file his 
14 
certificate of candi<;lacy for the office affected in 
15 
accordance with the preceding sections not later 
16 
than mid-day of election day, said certificate may 
17 
be filed with any board of election inspectors in 
18 
the political subdivision where he is a candidate, 
19 
or, in the case of candidates to be voted for by the 
20 
entire electorate of the country, with the 
21 
Commission. 
22 
23 
IN CASE OF VALID SUBSTITUTION 
24 
AFTER THE OFFICIAL BALLOTS SHALL 
25 
HAVE BEEN PRINTED, THE VOTES CAST 
26 
FOR THE SUBSTITUTED CANDIDATE SHALL 
27 
BE 
CONSIDERIlD 
VOTES 
FOR 
THE 
28 
SUBSTITUTE." 
1 Candidates in case of death, disqualification or withdrawal of another 
2 Fair Election Act of 200 1 
1 


1 
SECTION 2. This Act shall take effect after its complete publication in the 
2 
Official gazette or at least two (2) newspapers of general circulation. 
Approved,