Withdrawal of Certificates of Candidacy | Candidacy | ELECTION LAW

XIV. ELECTION LAW

B. Candidacy

6. Withdrawal of Certificates of Candidacy (COC)

The withdrawal of Certificates of Candidacy (COC) is a crucial aspect of Philippine election law. It involves the voluntary decision of a candidate to remove themselves from the list of official candidates after the submission of their COC but before the actual election. This process is governed by the Omnibus Election Code of the Philippines (Batas Pambansa Blg. 881), as well as relevant jurisprudence and rules issued by the Commission on Elections (COMELEC).

Here is a comprehensive guide to the legal provisions and requirements surrounding the withdrawal of COCs:

A. General Rule

Under Section 73 of the Omnibus Election Code, any person who has filed a COC may voluntarily withdraw their candidacy. This withdrawal must be in writing and should be submitted to the same office where the COC was originally filed.

The law sets no limitations on the grounds for withdrawal, making it a personal and voluntary act on the part of the candidate. A candidate does not need to provide any justification for withdrawing their candidacy.

B. Procedure for Withdrawal

1. Filing of the Notice of Withdrawal:

   • The withdrawal must be in writing.
   • It should be signed by the candidate.
   • The written notice must be submitted to the same office of the COMELEC where the original COC was filed (for local, regional, or national positions).

2. Deadline for Withdrawal:

   • Before Final Printing of Ballots: Candidates can withdraw their COC at any time prior to the final printing of ballots. This deadline is crucial since the COMELEC needs to finalize the list of candidates that will appear on the official ballot.
   • After the Final Printing of Ballots: After the printing of ballots, withdrawal is still allowed, but the candidate’s name will remain on the ballot. However, a withdrawn candidate is no longer considered as a candidate for all legal intents and purposes.

3. Effect of Withdrawal:

   • Voluntary Withdrawal: Once a COC is withdrawn, the candidate is no longer eligible to run for the position in the upcoming election, and their candidacy is effectively cancelled.
   • Ineligibility to Run Again for the Same Election: Once a candidate withdraws, they may no longer refile a COC for the same election. In other words, the withdrawal is final, and the candidate cannot change their mind and run again after withdrawing.

4. Substitution by a Party Nominee:

   • In the case of political parties, substitution is allowed under specific circumstances.
   • Substitution due to Withdrawal: Under Section 77 of the Omnibus Election Code, if a candidate who is a nominee of a political party withdraws their COC, the party can substitute the candidate. The substitution must occur before the mid-day of Election Day, and the substitute must also be a member of the same political party.
     • The substitute candidate must file their COC not later than the deadline set by the COMELEC, typically coinciding with the final date for withdrawal.
     • If the withdrawal and substitution occur after the ballots have been printed, the name of the original candidate will remain on the ballot, but the votes cast for them will be counted in favor of the substitute.

5. Substitute's COC Filing Requirements:

   • The substitute must comply with all the requirements for filing a COC as if they were originally the candidate.
   • The withdrawal of the original candidate and the filing of the substitute's COC should happen simultaneously, and the substitute's candidacy will only be valid if the original candidate has formally withdrawn.

C. Jurisprudence on Withdrawal of COCs

1. Involuntary Withdrawal and Disqualification: The withdrawal must be voluntary. If the withdrawal is coerced or influenced by any illegal means, it could be contested. However, the courts have generally upheld the principle that a valid and written withdrawal serves as sufficient ground for the candidate to be excluded from the election process.

2. Substitution in Case of Death or Disqualification: Withdrawal is distinct from substitution in cases of death or disqualification, which has its own rules under election law. However, if a withdrawal occurs before disqualification or death, the substitution process is similar.

3. Judicial Recognition: The courts have recognized that once a COC is voluntarily withdrawn and properly filed, the candidate is deemed no longer a candidate, and their name cannot be included in the official list of candidates.

D. Relevant Deadlines and COMELEC Rules

1. COMELEC Resolutions: COMELEC issues specific resolutions governing the deadlines for withdrawal and substitution of COCs in every election cycle. These resolutions align with the deadlines for printing of ballots and other preparatory activities for the election.

2. Effect on the Ballots: If a candidate withdraws after the ballots have been printed, their name will still appear on the ballot, but any votes cast for them will be disregarded unless a valid substitution has been made.

3. Campaign Period: Withdrawal of the COC automatically terminates the candidate’s rights to campaign. A withdrawn candidate cannot continue to engage in election activities or be considered as a legitimate candidate.

E. Special Cases

1. Nuisance Candidates: If a candidate withdraws and is later declared as a nuisance candidate by the COMELEC or a court, the withdrawal is still recognized as valid, and the person is disqualified from running or engaging in any further election activities.

2. Multiple Withdrawals: If a candidate withdraws multiple times (for instance, after refiling a new COC under a different position), each subsequent withdrawal must follow the same legal procedures and timelines set by COMELEC.

F. Key Considerations

1. Political Party Dynamics: Political parties must carefully consider withdrawal and substitution, as a late withdrawal can affect their ability to present a substitute candidate. Early coordination with the COMELEC is crucial.

2. Legal Remedies: In some cases, disputes regarding the legitimacy of a withdrawal, especially in relation to alleged coercion or fraud, can be brought before the COMELEC or the courts.

3. Withdrawal Impact on Voter Education: Candidates who withdraw after the printing of ballots may still confuse voters, as their names appear on the ballots but are no longer valid candidates.

In summary, the withdrawal of a Certificate of Candidacy in the Philippines is a straightforward but critical legal act with implications for both the individual candidate and the election process as a whole. Understanding the timelines, procedures, and legal consequences is essential for ensuring compliance with the law and preserving the integrity of the electoral system.