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Republic of the Philippines
House Or REprESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

HOUSE BILL NO. 6308

Introduced by Honorable Herminia B. Roman

EXPLANATORY NOTE

This bill seeks to amend Section 77 of Batas Pambansa (BP) Bilang 881,
as amended, otherwise known as the “Omnibus Election Code of the
Philippines,” by excluding the withdrawal of a certificate of candidacy as a
ground for the substitution of a candidate.

BP 881, as amended, was enacted in 1985. Many of its provisions are
still effective to ensure the sanctity of the ballot and to provide an efficient
electoral system. A closer study of the law, however, will indicate that some of
its provisions are no longer relevant with the times. In particular, Section 77 of
BP 881, as amended, is being used by would be candidates to circumvent the
deadline imposed by the Commission on Elections for the filing of certificate of
candidacies. Oftentimes, incumbent appointive public officials resort to this
particular provision to maximize their stay in their positions and enjoy the
perks, benefits, and privileges of their office.

Section 23 of BP 881 mandates the cessation of public appointive
position or the automatic resignation of a public officer upon the filing of a
certificate of candidacy. Thus, public officials take advantage of the provision
of the law which allows substitution of candidates who withdraw their
certificate of candidacy particularly in the case of accredited political parties,
and mostly in local electoral contests. A potential candidate usually asks
another person to file a certificate of candidacy which is later on withdrawn to
allow the substitution in favor of the potential candidate.

Bill Drafting Service


While the law allows the substitution of a candidate, some quarters have
abused this particular law and made a mockery of the electoral process. Hence,
this measure proposes to exclude the withdrawal of a certificate of candidacy as
a ground for the substitution of a candidate by amending Section 77 of BP 881,
as amended. This amendment will also help the electorate determine who
among the candidates are really sincere in their intent to serve the people.

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

Nirrnanca. Be leermen/

HERMINA B. ROMAN


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Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

HOUSE BILLNO,___ 6308

Introduced by Honorable Herminia B. Roman

AN ACT
EXCLUDING WITHDRAWAL OF A CERTIFICATE OF CANDIDACY
AS A GROUND FOR SUBSTITUTION OF A CANDIDATE, AMENDING
FOR THE PURPOSE SECTION 77 OF BATAS PAMBANSA BLG. 881,
OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE

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 is hereby amended
to read as follows:

“SEC. 77. Candidates in case of death{,] 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 (PP) dies[, withdraws] 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] or
was disqualified. The substitute candidate nominated by the political
party concerned may file his certificate of candidacy for the office

affected in accordance with the preceding sections not later than mid-day

Bill Drafting Service


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of the day of the election. If the death[, withdrawal] or disqualification
should occur between the day before the election and midday 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. This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of general circulation.

Approved,