Modifying the Ground of Substitution of Candidates

senate Office of the so cartar TWENTIETH CONGRESS OF THE NOV 18 P6:02 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE 1542 Senate Bill No. _ Introduced by Senator JOEL 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 Article II, Section 1 of the 1987 Constitution declares that "sovereignty resides in the people and all government authority emanates from them." Free, fair, and credible elections are essential to giving life to this principle. When the integrity of the electoral process is compromised, so too is the legitimacy of the government it produces.

Section 77 of Batas Pambansa Blg. 881 allows political parties to substitute

official candidates after the filing of certificate of candidacy (COC) deadline due to death, disqualification, or withdrawal. Of these, withdrawal has become the most frequently abused. Parties routinely field placeholder candidates who withdraw later, often without reason, only to be replaced by more strategic bets, undermining electoral timelines and transparency. This is particularly concerning in light of the record-high voter turnout in the 2025 midterm elections, where 81.65% of registered voters, or 55.87 million out of 68.43 million, cast their votes - the highest in Philippine midterm history. Such strong public engagement demands that our electoral processes remain credible and protected from manipulation.

This bill addresses such abuse by removing withdrawal as a ground for substitution, and adding permanent incapacity alongside death and disqualification as valid grounds. These amendments will ensure fairness, discourage circumvention of rules, and uphold voter trust. In view of the foregoing, the immediate passage of this bill is earnestly sought.

Sciate Office of the Set errp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 NOV 18 P6:03 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1542 Introduced by Senator JOEL 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 Philippines in Congress assembled:

SECTION 1. Section 77 of Batas Pambansa Big. 881, 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 withdrawall 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, [withdraws] BECOMES INCAPACITATED, 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] BECOMES INCAPACITATED, or was disqualified. The substitute candidate nominated by the political party concerned may file his/HER 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, [withdrawat] INCAPACITY, 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/SHE 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. Implementing Rules and Regulations. - Within one hundred

twenty (120) days from the effectivity of this Act, the Commission on Elections shall, in consultation with relevant government agencies and stakeholders, promulgate the implementing rules and regulations (IRR) to carry out the provisions of this Act. Failure of the relevant government agencies to promulgate the IRR within the specified period shall subject the heads of these government agencies to administrative penalties under applicable civil service laws. Should the IRR contain provisions that are contrary to this Act, the heads of the government agencies responsible for such provision, when done in bad faith or with gross negligence, shall be held administratively liable.

SEC. 4. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder hereof or any provisions not affected 18 thereby shall remain in force and effect.

SEC. 5. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its

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