Atty. Gregorio B. Austral, CPA
Requirements for a Valid Substitution
Political aspirants who wish to substitute for candidates who withdraw from their party or coalition’s ticket are given until November 15, 2021. Many still hope that Sara Duterte will play her father’s gambit. But what are the requirements for a valid substitution?
In Olivia da Silva Cerafica vs. COMELEC, G.R. No. 205136, December 2, 2014, Kimberly filed her CoC for councilor of Taguig City. Her CoC stated that she will be 20 years old on the day of the 2013 elections, in contravention of the requirement under the Charter of Taguig that one must be at least twenty-three (23) years of age on the day of the elections. Kimberly was summoned to a clarificatory hearing due to the age qualification.
Instead of attending the hearing, Kimberly opted to file a sworn Statement of Withdrawal of COC on 17 December 2012. Simultaneously, Olivia da Silva Cerafica filed her own COC as a substitute of Kimberly. Owing to these events, the clarificatory hearing no longer pushed through. In a Memorandum dated 18 December 2012, Director Esmeralda Amora-Ladra (Director Amora-Ladra) of the Comelec Law Department recommended the cancellation of Kimberly’s COC, and consequently, the denial of the substitution of Kimberly by Olivia. Relying on Comelec Resolution No. 9551, Director Amora-Ladra opined that it is as if no COC was filed by Kimberly; thus, she cannot be substituted.
The Supreme Court ruled that there was a valid substitution.
Section 77 of the Omnibus Election Code (B.P. Blg. 881) provides that if after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. Per COMELEC resolution, substitution is allowed until December 10, 2015.
Under the express provision of Sec. 77 of B. P. Blg. 881, not just any person, but only “an official candidate of a registered or accredited political party” may be substituted. In the case at bar, Kimberly was an official nominee of the Liberal Party; thus, she can be validly substituted.
When a candidate files his certificate of candidacy, the COMELEC has a ministerial duty to receive and acknowledge its receipt. The COMELEC may not, by itself, without the proper proceedings, deny due course to or cancel a certificate of candidacy filed in due form. As cancellation proceedings involve the exercise of quasi-judicial functions of the Comelec, the Comelec in Division should have first decided this case. In Luna v. Comelec, a candidate named Hans Roger already withdrew his certificate of candidacy before the COMELEC declared that he was not a valid candidate. Therefore, unless Roger’s certificate of candidacy was denied due course or cancelled in accordance with Section 78 of the Election Code, Roger’s certificate of candidacy was valid and he may be validly substituted.