House bill limiting grounds for candidate substitution approved on final reading

The House of Representatives on Wednesday passed on third and final reading a measure banning election placeholders, a mode of substitution that former President Rodrigo Duterte used to allow him to run for President in 2016.

During the plenary session, 195 lawmakers voted to approve House Bill No 10524 which would amend Batas Pambansa 881 or the Omnibus Election Code of the Philippines and limit the grounds for substitution to death, permanent incapacity or disqualification.

In 2015, Duterte’s party-mate in the Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban), the late Martin Diño, withdrew his certificate of candidacy (CoC) for President. This was before the Commission on Elections could resolve petitions for his disqualification as a nuisance candidate based on discrepancies in his CoC. Diño then nominated Duterte to be his substitute for PDP-Laban standard bearer in the 2016 presidential elections.

The bill proponents said that HB 10524 would prevent a “mockery” of the electoral system through the use of placeholders to beat the deadline in the filing of CoCs set by the Comelec.

Poll chair Erwin Garcia –INQUIRER PHOTO / RICHARD A. REYES.

The draft measure seeks to amend Section 77 of BP 881, deleting the withdrawal of candidacy as among the grounds for substitution and replacing it with just permanent incapacity.

It defines “permanent incapacity” as a mental or physical impairment which renders the candidate unable to perform the duties corresponding to the position he/she is running for.

The bill tasks the Comelec to consult with stakeholders in crafting the implementing guidelines for the proposed law.