5 senators file bill removing withdrawal as basis for candidate’s substitution

Five senators on Monday filed a bill seeking to amend the Omnibus Election Code by removing withdrawal as a basis of a candidate’s substitution.

Senate Bill 2439 deletes the word “withdrawal” from  Article IX, Section 77 of the Omnibus Election Code and replaces it with the phrase “becomes incapacitated.”

Currently, the provision of the law reads as follow: "If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party 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 measure was filed by Senators Sherwin Gatchalian, Juan Miguel Zubiri, Nancy Binay, Grace Poe, and Joel Villanueva.

In explaining the intention of the bill, the lawmakers said they wanted to further level off the election playing field and attain stronger and more institutionalized political system.

The senators lamented that withdrawal of one’s candidacy “has been abused over the years” and 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 [Commission on Elections] deadline is observed by some as a mockery of the process of filing certificates of candidacies,” they noted.

The lawmakers also highlighted the importance of political parties’ vetting process for their national and local candidates prior to the filing of certificates of candidacy.

They said the selection of candidates involves the assessment of willingness, sincerity and commitment of a member to be the representative of their party for the contended elective position.

“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party procedures if the parties will still be given the option to substitute candidates who have voluntarily withdrawn their candidacies,” they said.

Strengthening political parties mean that their selection process must conform to only one COMELEC deadline in terms of filing of certificates of candidacy, the senators added.

Furthermore, the lawmakers emphasized that candidates from political parties must be placed “on a higher pedestal” rather than the independent candidates.

Under the Comelec’s calendar for Eleksyon 2022, substitution of a candidate in a national or local post can be filed from the end of the COC filing period until November 15, 2021.—LDF, GMA News