Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS.
First Regular Session

HOUSE BILL No. _3283

INTRODUCED BY REP. MAXIMO JR. Y. DALOG

EXPLANATORY NOTE

Except for the recently conducted midterm elections, the country has been a
witness to the use of placeholders for candidacies, which are then substituted at the
last minute by another individual after the original candidate's withdrawal. A loophole
which had been exploited by political parties or even candidates in the past elections
to buy time and generate hype, lessen election expenditures or some other reasons.

Whatever may be the intention of a political party or the substitute candidate,
the use of placeholders undermines the integrity of the electoral system. This is so,
because allows political parties to abuse the privilege of substitution by letting them
play a game fielding members of their party who do not have any bona fide intention
to run for public office file a Certificate of Candidacy

On the other hand, one valid ground for substitution has not been included in
the Election Code, that is, permanent incapacity

Hence, this bill seeks to modify the grounds for substitution of candidates by

removing “withdrawal” as a ground for substitution of candidates and adding
“permanent incapacity as a valid ground for substitution.

uixno TOLE SS,

In view of the foregoing, approval of this bil


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO.3283

INTRODUCED BY REP. MAXIMO JR. Y. DALOG

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 Big. 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 dies, [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 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 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. 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. If any provision or part of this Act is declared unconstitutional or invalid,
the remaining parts of provisions not affected shall remain in full force and effect.

SEC. 4. 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. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,