1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by CIBAC Party-List Representative 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 
AN ACT  
MODIFYING THE GROUNDS FOR SUBSTITUTION OF CANDIDATES, 
AMENDING FOR THIS PURPOSE SECTION 77 OF  
BATAS PAMBANSA BILANG 881, OTHERWISE KNOWN AS THE 
OMNIBUS ELECTION CODE 
EXPLANATORY NOTE 
Under Section 77 of the Omnibus Election Code, an official 
candidate of a political party may be replaced by another person if the 
candidate dies, withdraws, or is disqualified for any cause after the last 
day of filing of certificates of candidacy (COC). Of the three grounds for 
the substitution of the candidate, withdrawal of candidacy has been the 
most abused every national election.   
 Over the years, political parties have been replacing one candidate 
over another for the simple reason that the former has withdrawn his or 
her candidacy, even after the deadline of COC filing. Since the withdrawal 
need not be justified for the substitution to be accepted by the Commission 
on Elections (COMELEC), it is easy to field any person as a candidate to 
beat the COMELEC deadline and just substitute another after the cutoff 
date. This makes a mockery of the election process.  
This bill seeks to put a stop to this abuse by removing the option of 
substitution in cases where the candidate of a political party withdraws 
from his or her candidacy. This bill also adds incapacity as a ground for 
October 25, 2022
8:30 am
5692


2 
substitution of candidates of political parties. These changes will not only 
strengthen the electoral process, but will also restore the faith of the voters 
in the election system.  
Thus, the passage of this measure is immediately sought. 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 


3 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by CIBAC Party-List Representative 
EDUARDO “BRO. EDDIE” C. VILLANUEVA 
AN ACT  
MODIFYING THE GROUNDS FOR SUBSTITUTION OF CANDIDATES, 
AMENDING FOR THIS PURPOSE SECTION 77 OF  
BATAS PAMBANSA BILANG 881, OTHERWISE KNOWN AS THE 
OMNIBUS ELECTION CODE 
Be it enacted by the Senate and House of Representatives of the 
1 
Philippines in Congress assembled: 
2 
3 
SECTION 1.  Section 77 of Batas Pambansa Big. 881, otherwise 
4 
known as the “Omnibus Election Code,” is hereby amended to read as 
5 
follows: 
6 
7 
“SECTION 77. Candidates in case of death, INCAPACITY OR 
8 
disqualification [or withdrawal] of another. – If after the last day 
9 
for the filing of certificates of candidacy, an official candidate of 
10 
a registered or accredited political party dies, BECOMES 
11 
INCAPACITATED [withdraws] or is disqualified for any cause, 
12 
only a person belonging to, and certified by, the same political 
13 
party may file a certificate of candidacy to replace the candidate 
14 
who died, BECOMES INCAPACITATED [withdrew] or was 
15 
disqualified. The substitute candidate nominated by the political 
16 
party concerned may file his/HER certificate of candidacy for the 
17 
office affected in accordance with the preceding sections not 
18 
later than mid-day of the day of the election. If the death, 
19 
5692


 
4 
INCAPACITY [withdrawal] or disqualification should occur 
1 
between the day before the election and mid-day of election 
2 
day, said certificate may be filed with any board of election 
3 
inspectors in the political subdivision where he/SHE is a 
4 
candidate, or, in the case of candidates to be voted for by the 
5 
entire electorate of the country, with the Commission.” 
6 
 
7 
SEC. 2. Implementing Rules and Regulations. – Within thirty (30) 
8 
days from the effectivity of this Act, the Commission on Elections, upon 
9 
consultation with relevant stakeholders, shall issue the implementing rules 
10 
and regulations to implement the provisions of this Act. 
11 
 
12 
SEC. 3. Repealing Clause. – All acts, laws, decrees, executive 
13 
orders, letters of instructions, rules and regulations or any part thereof 
14 
which are inconsistent with any provision of this Act are hereby repealed 
15 
and/or modified accordingly.  
16 
 
17 
SEC. 4. Separability Clause. – If for any reason, any section or 
18 
provision of this Act is declared to be unconstitutional or invalid, the other 
19 
sections or provisions of this Act which are not affected shall continue in 
20 
full force and effect.  
21 
 
22 
SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after 
23 
its publication in the Official Gazette or in at least two (2) newspapers of 
24 
general circulation. 
25 
 
26 
Approved, 
27