Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 778

Introduced By Representative Ma. Victoria Co-Pilar

EXPLANATORY NOTE

The right to vote and be voted for is a fundamental democratic principle enshrined
in the 1987 Constitution of the Republic of the Philippines, particularly under Article V,
which guarantees the sanctity of suffrage, and Article IX-C, Section 2(1), which mandates
the Commission on Elections (COMELEC) to enforce and administer all laws related to
the conduct of elections.

Section 77 of Batas Pambansa Blg. 881, otherwise known as the Omnibus Election
Code of the Philippines, currently allows substitution of official candidates of a political
party in case of death, disqualification, or voluntary withdrawal, provided certain
conditions are met.

While this provision was originally crafted to ensure continuity of representation
and uphold the rights of political parties in unforeseen and unavoidable circumstances,
the current practice has unfortunately given rise to a troubling political tactic: the
strategic use of candidate substitution through withdrawal. In recent elections in the
country, both in midterm and presidential, placeholder candidates have been filed only
to later withdraw in favor of a more popular or viable substitute, or commonly dubbed
as “winnable,” which circumvents the spirit of fair and transparent electoral contests.

By limiting the grounds for substitution to truly exceptional and involuntary
circumstances, this measure strengthens the integrity of our electoral system, discourages
opportunistic political behavior, and affirms the constitutional mandate for honest,
orderly, and credible elections.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

opt


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO._775

Introduced by Representative Ma. Victoria Co-Pilar

AN ACT
MODIFYING THE GROUNDS FOR SUBSTITUTION OF CANDIDATES,

AMENDING FOR THE PURPOSE SECTION 77 OF BATAS PAMBANSA BLG. 881,

OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF THE
PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 77 of Batas Pambansa Blg. 881, otherwise known as the
“Omnibus Election Code of the Philippines,” is hereby amended to read as follows:

“SECTION 77. Candidates in case of death, PERMANENT
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, [withdraws] BECOMES
PERMANENTLY INCAPACITATED, 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] BECAME PERMANENTLY INCAPACITATED, or was
disqualified. The substitute candidate nominated by the political party
concerned may file [his] THE 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] 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] ELECTORAL BOARD in the political
subdivision where [he] ONE is a candidate, or, in the case of candidates
to be voted for by the entire electorate of the country, with the
Commission. PERMANENT INCAPACITY AS USED HEREIN SHALL
REFER TO MENTAL OR PHYSICAL IMPAIRMENT, OR BOTH,
BASED ON A VERIFIED MEDICAL REPORT OF A LICENSED


eI daAKnYwNe

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PHYSICIAN, RENDERING THE CANDIDATE UNABLE TO
PERFORM THE ELECTED POSITION’S DUTIES, AND WHICH
APPEARS REASONABLY CERTAIN TO CONTINUE WITHOUT
SUBSTANTIAL IMPROVEMENT UNTIL THE TERM OF OFFICE
WHICH THE CANDIDATE SEEKS TO BE ELECTED FOR.”

SEC. 2. Implementing Rules and Regulations. - Within thirty (30) days from the
effectivity of this Act, the Commission on Elections shall, upon consultation with relevant
stakeholders, issue the rules and regulations to implement the provisions of this Act.

SEC. 3. Separability Clause. - If any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected shall remain
in full force and effect.

SEC. 4. Repealing Clause. - All laws, presidential decrees, executive orders, rules
and regulations, other issuances and parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,