EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
1
SENATE 
s.B. No. 2439
RFPCii/rn
NOt
Introduced by
SEN. WIN GATCHALIAN, SEN. JUAN MIGUEL F. ZUBIRI, 
SEN. MARIA LOURDES “NANCY” BINAY, SEN. GRACE POE, 
AND SEN. JOEL VILLANUEVA
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
Section 77 of the Omnibus Election Code bestows to a political party 
the privilege of allowing the substitution of a party eandidate who either (1) 
dies, (2) is disqualified for any cause, or (3) has withdrawn his or her 
candidacy. The first two grounds for substitution are involuntary in nature, 
while the third is a voluntary act.
Unfortunately, the act of withdrawing one’s candidacy as a ground for 
substitution has been abused over the years, where vigilance and compliance 
over deadlines have been disregarded as the option of substitution has always 
been available. This unfortunate practice of just fielding anyone to be a party’s 
candidate for the sake of complying with the COMELEC deadline is observed 
by some as a mockery of the process of filing certificates of candidacies.


Accordingly, this bill seeks to modify the grounds for substitution by 
removing the option of substitution in a case where an aspirant or official 
candidate of a political party voluntarily withdraws his candidacy, and adding 
incapacity as a ground for substitution of candidates. The rationale for this 
policy limitation is to further support the strengthening and 
institutionalization of the political party system in the Philippines and to level 
off the playing field among candidates.
Political parties assess and determine the qualifications of their 
members and nominate them to qualify as their party’s standard bearers for 
local and national positions through a party selection and nomination 
process. Thus, there is vetting process prior to the official filing of certificates 
of candidacy, including the willingness, sincerity and commitment of a 
member to be the representative of their party for the contended elective 
position, a controllable requirement. The schedule for selection must already 
be an institutional and integral part of the political party process. Considering 
that the country has an election cycle of three years for local positions, and 
six years for national positions, political parties have sufficient time to 
nominate and select their respective candidates.
Thus, it would be anathema to the concept of organized and 
institutionalized party procedures if the parties will still be given the option to 
substitute candidates who have voluntarily withdrawn their candidacies. 
Strengthening political parties mean that their selection process must 
conform to only one COMELEC deadline in terms of filing of certificates of 
candidacy.
Moreover, substitution by withdrawal is only allowed when the 
candidate is a member of a political party. This gives an unreasonable 
advantage to political parties at the expense of independent candidates. 
Political party candidates must be placed on a higher pedestal than the 
candidates without party affiliations. The party’s supposed candidate’s


commitment to holster the party’s banner should have been secured by the 
time the original filing of candidacies deadline had been set.
With all these considerations to further level off the election playing 
field, and to attain stronger and more institutionalized political party system, 
the passage of this bill is thus earnestly sought
\ /)
WIN GATCHALIAN
IGUEL F. ZUBIRI
MARIA
RDBS NANCY BINAY
^MSRACE POE
JOER VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
]
SENATE 
S.B. No. 2439
iil.ul.ivll;
Introduced by
SEN. WIN GATCHALIAN, SEN. JUAN MIGUEL F. ZUBIRI, 
SEN. MARIA LOURDES NANCY BINAY, SEN. GRACE POE, 
AND SEN. JOEL VILLANUEVA
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 the House of Representatives of the 
Philippines in Congress assembled:
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SECTION 1. Section 77 ofBatas Pambansa Big. 881, s. 1985, otherwise
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known as the “Omnibus Election Code,” is hereby amended to read as follows:
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“SECTION 77. Candidates in case of death, INCAPACITY OR
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disqualification [or-withdrawal] of another. - If after the last
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day for the filing of certificates of candidacy, an official
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candidate of a registered or accredited political party dies,
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BECOMES INCAPACITATED [withdraws] or is disqualified
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for any cause, only a person belonging to, and certified by,
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the same political party may file a certificate of candidacy to
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replace the candidate who died, BECOMES
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INCAPACITATED [withdr^ or was disqualified. The
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substitute candidate nominated by the political party
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concerned may file his certificate of candidacy for the office


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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.
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, acts, presidential decrees, 
executive orders, administrative orders, rules and regulations, or parts 
thereof inconsistent with or contrary to the provisions of this Act are hereby 
modified, amended, or repealed accordingly.
SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days 
following its publication in the Official Gazette or in a newspaper of general 
circulation.
Approved,