Topic: Political Law and Public International Law

XIV. Election Law
B. Candidacy
2. Filing of Certificates of Candidacy
b. Substitution and Withdrawal of Candidates

In Philippine election law, the filing of Certificates of Candidacy (COCs) is a fundamental process regulated by the Omnibus Election Code (Batas Pambansa Blg. 881) and Republic Act No. 7166, among other laws and rules enforced by the Commission on Elections (COMELEC). Candidates are required to file their COCs within the period prescribed by COMELEC, and this process ensures that the political landscape for each election cycle is set. However, provisions for substitution and withdrawal of candidates create exceptions that permit changes in the list of candidates, subject to strict rules and conditions.

1. Withdrawal of Candidates

The withdrawal of a candidate's Certificate of Candidacy is a voluntary act, wherein the candidate opts to discontinue their bid for an elective position. The key legal provisions on withdrawal are:

Section 73 of the Omnibus Election Code allows any candidate to withdraw their candidacy by filing a written declaration under oath with the office where their COC was filed. This withdrawal must occur before election day, with no further requirements for reasons or justifications.
Irrevocability: Once a candidate has withdrawn their candidacy, the act is considered irrevocable. The withdrawn candidate cannot be reinstated or replace another candidate, except in special circumstances, such as in the case of party nominations (see substitution rules).
Effects on Substitution: The withdrawal of a candidate may trigger substitution, provided certain requirements are met. However, substitution is not automatic; it must be in accordance with the rules governing substitution.

2. Substitution of Candidates

Substitution of candidates is the legal mechanism by which a candidate who withdraws, dies, or is disqualified after filing their COC can be replaced by another candidate. The governing rules and limitations on substitution are set forth primarily in Section 77 of the Omnibus Election Code, with supplemental provisions in COMELEC resolutions. Substitution is recognized in two general cases:

a. Substitution due to Withdrawal of Candidacy

Party-Based Substitution: Substitution is allowed only if the candidate withdrawing belongs to a political party. A political party has the right to nominate a substitute candidate, subject to the following conditions:
- The substitute must also belong to the same party.
- The substitution should occur before the deadline set by COMELEC for candidate substitution. Typically, this deadline coincides with the end of the period for filing COCs or, in some cases, an extended period determined by COMELEC for substitute candidates.
- The substitute candidate must file a valid COC before the set deadline for substitution.
No Substitution for Independent Candidates: Candidates running as independents (i.e., not nominated by a political party) cannot be substituted in case of withdrawal.

b. Substitution Due to Death or Disqualification

Substitution Beyond Deadline: Substitution due to death or disqualification of a candidate is permitted even after the deadline for filing COCs. The substitute candidate must file their COC up to mid-day of election day, provided the cause of substitution arose after the official deadline.
Disqualification: Disqualification may arise for various reasons, such as failure to meet eligibility requirements (e.g., citizenship, residency, age, etc.) or violation of election laws. Upon the candidate’s final disqualification (i.e., after all appeals or review have been exhausted), the political party can substitute a new candidate.
Continuing Party Nomination: For substitution to be valid in the case of death or disqualification, the substitute candidate must belong to the same political party as the original candidate. COMELEC will also verify that the party’s nomination remains effective.

c. Same Elective Position

Substitution is only allowed for the same position that the withdrawn, deceased, or disqualified candidate originally filed for. A substitute candidate cannot run for a different position from that of the original candidate. For example, a candidate for mayor can only be substituted by someone also running for mayor, not for a lower or higher position (e.g., vice mayor or governor).

d. Requirement for Valid Substitution

Filing of a New COC: The substitute candidate must file a new Certificate of Candidacy (COC) that is complete, correct, and in compliance with all legal requirements. This must be filed within the period prescribed for substitution, and COMELEC will assess the eligibility of the substitute candidate under the same rules as the original candidates.
Same Political Party: As mentioned, the substitute must belong to the same political party as the original candidate to maintain the continuity of the party's nomination.
COMELEC Rules on Publicizing Substitutes: COMELEC is mandated to notify the public about any substitutions that occur, especially when these substitutions take place after the printing of ballots. This ensures that voters are informed and that the election process remains transparent.

3. Special Rules and Jurisprudence on Substitution and Withdrawal

Jurisprudence: The Supreme Court of the Philippines has ruled in various cases regarding the validity of substitutions and the interpretation of election laws. For example, in cases where candidates withdraw on the basis of internal party disputes or last-minute political strategies, the Court has emphasized adherence to deadlines and strict compliance with party affiliation rules.
COMELEC Resolutions: From time to time, COMELEC issues resolutions that clarify the rules for substitution and withdrawal in light of changing political circumstances or the need for more precise regulations. These resolutions are legally binding and have the force of law.

In conclusion, the laws on withdrawal and substitution of candidates in the Philippines serve to balance the integrity of the electoral process with the flexibility needed to accommodate unexpected situations such as the voluntary withdrawal, death, or disqualification of candidates. However, these mechanisms are governed by strict rules to prevent abuses and maintain the fairness and competitiveness of elections. Political parties play a critical role in the substitution process, while independent candidates do not enjoy the same privileges under the law.