MANILA - 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 of 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 name of the substitute 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, then Davao City Mayor Rodrigo Duterte made history when he was made the substitute candidate of 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.
“It’s really abusive and it has happened in the past,” Larrazabal said.
“Sometimes you get the feeling that it’s intentional that if let’s say that it’s not ready or there’s still an issue with the filing of the certificate of candidacy, there’s a precedent and then before the deadline the substitution by reason of withdrawal will be allowed. -withdraw and then the substitute files … Let’s say it’s an element of mischief because you want to go around the rule, “Guia said.
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November 15 is the last day for the substitution of party-list nominees and candidates who have withdrawn, passed away, or have been finally disqualified for inclusion on the ballot.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.