17/05/2024
NEWS IN CONTEXT | Comelec puts end to substitution ploys
By Ed Lingao
The Omnibus Election Code, Batas Pambansa 881, has always allowed candidate substitutions for three reasons: by reason of death, disqualification, or voluntary withdrawal.
The Commission on Elections on Wednesday, May 15, finally put an end to what has become a growing trend in Philippine politics tantamount to a political st******se – candidate substitutions at the last minute.
The Comelec en banc declared that from hereon, the deadline for the filing of the certificates of candidacy (COCs) and the filing of substitutions will be the same.
This means that unless a candidate dies or is disqualified, he can no longer be substituted by another candidate after the deadline for the filing of his COC.
The Omnibus Election Code, Batas Pambansa 881, has always allowed candidate substitutions for three reasons: by reason of death, disqualification, or voluntary withdrawal.
Substitutions for candidates who die or are disqualified are allowed until midday of election day, provided that the substitute belongs to the same political party and has the same last name.
The third reason is somewhat of a curiosity – a candidate is allowed to be substituted if for any reason he voluntarily withdraws before a later deadline set by the Comelec.
This was used to great effect by then Davao mayor Rodrigo Duterte before the 2016 elections. For months before the elections, Duterte kept his opponents guessing and the voting public in suspended animation by keeping them in the dark as to his real intentions.
When the last day for the filing of COCs rolled around on Oct. 16, 2015, it was not Duterte who filed a COC for the presidency under the PDP-Laban party, but another party-mate Martin Dino.
Again demonstrating an uncanny ability to keep his rivals off-balance, Duterte instead filed his candidacy for Davao City mayor. This left his probable rivals stumped, although most analysts guessed that Dino was merely acting as a placeholder for Duterte.
And as expected, Dino would eventually withdraw his candidacy, and Duterte would fill in as his substitute before the substitution deadline of Dec. 10, 2015. The rest is election history.
Another Duterte would take the same path in the 2022 elections.
Duterte's daughter Sara was being touted as either a presidential or a vice presidential candidate in the 2022 elections.
In a surprise move, PDP-Laban's Sen. Ronald “Bato” dela Rosa filed his COC for the presidency, with an offer to sara that he would withdraw and give her his placeholder if she runs for president. Note that sara was not even a member of the PDP-Laban party.
As if to confound everyone, Sara instead files her candidacy for Davao City mayor.
But two days before the deadline for substitutions on Nov. 15, 2021, Sara suddenly joined the Lakas-CMD party and filed the paperwork to substitute for a certain Lyle Uy, who earlier filed his COC for the vice presidency under the Lakas-CMD party. Needless to say, Uy stood as a placeholder all along, since he was a virtual unknown outside of the party.
Note that while critics say these practices have made a mockery of election laws, these were all legal and aboveboard – even as they appear to throw a veil of opacity over the elections.
Nevertheless, the public lapped it all up as part of the game of Philippines politics. After all, who doesn't like an occasional st******se in the electoral arena.
