Amending Omnibus Election Code (Substitution of Candidates)

Senate Office of the Deuctory TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 RUG 11 P3:10 SENATE S.B. No. 1173 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT MODIFYING THE GROUNDS FOR SUBSTITUTION OF CANDIDATES, AMENDING FOR THIS PURPOSE SECTION 77 OF BATAS PAMBANSA BILANG 881, S. 1985, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE EXPLANATORY NOTE At present, Section 77 of Batas Pambansa Bilang 881, or the Omnibus Election Code, permits the substitution of an official candidate in three (3) instances - death, disqualification, or voluntary withdrawal. However, some political party candidates have exploited this provision, using the withdrawal of their candidacy as a strategy to mislead the public regarding their true political intentions. The proposed measure seeks to amend the grounds for substitution by removing voluntary withdrawal as a valid basis and introducing incapacity as an additional ground for candidate substitution. This amendments aims to serve as a safeguard against the abuse of the substitution process and to deter unscrupulous individuals from exploiting the gaps in the electoral system for their personal or political gain. In view of the foregoing, the passage of this measure is earnestly sought. Ineé h. mara IMEER. MARCOS

Senate Office of the sortietary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG 11 P3:10 SENATE S.B. No. 1173 RECEIVED 8Y: Introduced by SENATOR IMEE R. MARCOS AN ACT MODIFYING THE GROUNDS FOR SUBSTITUTION OF CANDIDATES, AMENDING FOR THIS PURPOSE SECTION 77 OF BATAS PAMBANSA BILANG 881, S. 1985, 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 Bates Pambansa Big. 881, s. 1985, otherwise known

as the "Omnibus Election Code," is hereby amended to read as follows: "SECTION 77. Candidates in case of death, 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, BECOMES INCAPACITATED [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, BECOMES INCAPACITATED [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 of the day of the election If the death, INCAPACITY [withdrawal] 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 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.

IN ALL CASES OF SUBSTITUTION AFTER THE PERIOD FOR FILING OF THE CERTIFICATE OF CANDIDACY, THE SUBSTITUTE CANDIDATE MUST HAVE THE SAME SURNAME AS THE CANDIDATE SUBSTITUTED FOR. AS USED IN THIS ACT, "INCAPACITY" SHALL MEAN A MENTAL AND/OR PHYSICAL CONDITION, DIAGNOSED BY A LICENSED PHYSICIAN ALONG WITH OTHER SUPPORTING EVIDENCE, THAT PREVENTS THE CANDIDATE FROM CARRYING OUT THE RESPONSIBILITIES OF THE OFFICE BEING SOUGHT, AND FOR WHICH THERE IS A REASONABLE CERTAINTY THAT THE CONDITION WILL PERSIST WITHOUT SIGNIFICANT IMPROVEMENT FOR THE ENTIRE DURATION OF THE TERM OF THAT OFFICE.

SEC. 2. Separability Clause . - If any part, section or provision of this Act is

declared invalid or unconstitutional, the other parts thereof not affected thereby shall remain in full force and effect.

SEC. 3. Repealing Clause. - All laws, decrees, orders, and issuances, or portions

thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified accordingly.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in newspaper of general circulation. Approved,