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A Glimpse of the Electoral Process: Withdrawal and Substitution

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By Ana Rufa Padua

With the local and national elections getting nearer by the day, the electoral process is still unfamiliar to a vast majority of the country’s population.

It has only been a little more than a month since the deadline of filing for certificates of candidacy (COC) ended, and just a few days ago, former Davao City mayor candidate Sara Duterte withdrew her candidacy only to be replaced by her brother and now former Davao City vice mayor candidate— Sebastian Duterte.

Although, what exactly does it mean to withdraw or substitute—is that even allowed? 

Section 77 of the Omnibus Election Code of the Philippines

According to Section 77 of the Omnibus Election Code of the Philippines, “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.”

In other words, a substitution can only occur based on two premises:

(1) the candidate must not be independent and must be a part of the same political party as the withdrawing candidate, otherwise, substitution will not be accepted;

(2) a candidate may only substitute for a fellow political party member if they passed away, withdrew, or got disqualified. 

Although a resolution was made in 2013 stating that withdrawn candidates were no longer allowed to run for any position even as a substitute, the current rules of candidacy have no such resolution, hence the reason Sebastian Duterte was able to withdraw from vice mayor and run for the higher position.

The same case applies to Atty. Melchor Quitain Jr.—Sebastian Duterte’s nominated substitute candidate, to which the latter accepted as he withdrew his candidacy for Davao City’s 1st District Councilor.

Adding to this, in 2015, current President Rodrigo Duterte originally filed his certificate of candidacy for Davao City mayor. He later withdrew this candidacy and filed another one, running for President when Martin Diño gave up his seat in the presidential bid. 

The Commission on Elections only releases guidelines for the filing of COCs prior to the year of the upcoming local and national elections and is only effective for the duration of that year’s election period.

Resolution No. 10717

Apart from the Omnibus Election Code, the formal resolution for filing of COCs states the rules for withdrawal and substitution of candidates specifically for the upcoming 2022 elections. Submission of withdrawals and substitution nominations are only allowed until November 15, 2021 (Monday). 

The political party must publish its new set of nominees in two national newspaper outlets  five days before the deadline of filing of substitutions. They must also submit proof of this to the Law Department three days after the publication in order to validate their new roster.

In the case of a party member’s death or incapacity, the party will be given an additional ten days after they submit the proof of death or incapacity to file their substitute nominees.

The ‘Same Surname’ Rule

Despite the November 15 deadline and the ten additional days, there is actually another rule promulgated in Section 40 of the same resolution mentioned above. 

“The substitute for an aspirant/candidate who died or was disqualified by final judgment may file a COC upto mid-day of Election Day; Provided that, the substitute and substituted aspirant/candidate have the same surnames.”

Taking the context of Sara Duterte and Sebastian Duterte into account, in the hypothetical situation that Sara Duterte gets disqualified in the final decision of the Election Board, Sebastian Duterte may substitute for her even during the election day while votings are ongoing. 

Although it may seem unlikely, this resolution has actually proven its use during the 1967 Senatorial Elections. On the eve of the said election, senate candidate Gaudencio Antonino died in a helicopter crash. His wife, Magnolia Antonino filed a certificate of candidacy on the day of the elections and won a Senate seat. This was possible because the two had the same surnames, as promulgated by the resolution.

Going back to the question in the beginning, withdrawal and substitution are indeed allowed for certain circumstances and a few rules. As the campaign season nears, we need to be aware of the electoral rules—the “same surname” rule is only one of them. 

The rules of election and campaigning could also be exploited for political ploys and gains. It is our job to educate ourselves and sharpen our minds in order to pinpoint whether what they’re doing is not only lawful, but also morally correct. 

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Photo Source: Davao CIO Jefry Tupas via Facebook