Señeres' replacement must have the same last name

After the passing of OFW Family party-list Rep. Roy Señeres on Monday morning, the Commission on Elections (Comelec) said his political party may field a candidate to take his place in the presidential race.

In a press conference, Comelec chair Andres Bautista said based on election rules, a candidate may be substituted in case of death "provided that the substitute will come from the same party and has the same last name."

"I was able to get in touch with the brother of Congressman Señeres today because we wanted to know what the plans are," he said. "He said he will discuss it with the family members and hopefully they will come to a decision tomorrow."

"Bukas malalaman natin kung ano yung kanilang magiging manifestation -- either one of the children, or the brother to substitute. Or they will file a motion to just withdraw his candidacy. I think we also have to think about the memory of the individual -- what would be his preference in case this untimely event comes," he added.

Commissioner Christian Robert Lim added that Señeres' political party, Partido ng Manggagawa at Magsasaka, must file a manifestation whether or not they will have someone run in the late lawmaker's place.

Earlier, Bautista told GMA News Online the en banc will have to look into whether they will take Señeres' name off the list. However, he opined, "In deference to Rep. Señeres, I believe we should take his name out."

At the press conference, he said, "It will be a bit odd if someone who has passed away will still be in the ballot. That may be a desecration of that person's memory."

Señeres, 68, passed away due to cardiac arrest brought about by complications from diabetes. On Friday, representatives -- including his daughter, Hannah -- came to the Comelec main office supposedly to file his statement of cancellation/withdrawal.

The certificate was not accepted by the Comelec law department because it needed to be filed in person.

Instead, Señeres' spokesperson, lawyer Candy Rivas, read a statement he issued, where he said he was backing out of the presidential race due to health reasons.

Lim said they have instructed the Comelec law department "to coordinate" with Señeres' family and political party to know their decision.

"We were asking even before Mr. Señeres passed away, we were trying to get in contact with him if he may need assistance from us to verify that he is indeed withdrawing. We instructed the law department to coordinate, and hopefully if they will file a manifestation, they can do it in the morning tomorrow kasi may schedule of loading [the code of election management system] in the afternoon," he said.

If the party tells the Comelec they will field a substitute for Señeres, they will have until mid-day of May 9 to do so.

Lim said that if they file a manifestation that they will not, the poll body will see that as binding and taking the said manifestation back will no longer be allowed.

Señeres is one of the six names that will likely make it in the ballot for the May 9 polls. —KBK, GMA News