Politicians can take advantage of the substitution of election candidates, especially as they see it can be done at the national level in 2016, according to 2 former commissioners of the Commission on Elections (Comelec).
The Omnibus Election Code allows the substitution of a candidate by a political party who has died, withdrew, or has been finally disqualified. The replacement must also come from the party.
Because the election is now automated, the Comelec has set the deadline for withdrawing candidates earlier to include the substitute’s name on the ballot.
The deadline for replacing a deceased or disqualified candidate is until noon on polling day and must be the same last name. Substitution of independent candidates is prohibited.
In the 2016 election, Davao City Mayor Rodrigo Duterte made history when he was made the substitute candidate for the retreating PDP-Laban presidential candidate Martin Diño.
According to former Comelec commissioners Gregorio Larrazabal and Luie Guia, this is unusual in the national position because candidates have to introduce themselves early to have a broader campaign.
But they often say substitution happens locally.
Ex-Comelec officials warn vs abuse of substitution
“Maabuso talaga ‘yan and it has happened in the past,” said Larrazabal.
“Kung minsan you get the feeling na parang sinasadya na kung let’s say na hindi pa handa o mayroon pang issue sa filing ng certificate of candidacy ay mayroong pinapauna and then before the deadline ia-allow ‘yung substitution by reason of withdrawal, saka lang nagwi-withdraw and then nagfa-file ‘yung substitute… Sabihin na nating element of mischief kasi gusto mong kumbaga to go around the rule,” said Guia.
As a solution, they said, the Comelec may set earlier the deadline for the substitution of withdrawing candidates.
It is also time, they said, to amend the Omnibus Election Code that was passed for manual elections.
The filing of the certificate of candidacy is still in October.
November 15 is the last day to substitute party-list nominees and candidates who have withdrawn, passed away, or have been finally disqualified for inclusion on the ballot.
From November 16 until noon on polling day the substitution of the disqualified or deceased candidate with the same last name will be replaced.
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