Sotto pushes revision to 'abused' substitution rule on candidacy


Senate President Vicente Sotto III has joined the calls for the review and amendment of provision on the substitution of candidates under existing laws, saying it is already "being abused".

Nationalist People's Coalition chairman and Senate President Vicente 'Tito' Sotto III leads the political party's meeting in Quezon City on July 28, 2021. (Office of Sen. Sotto)

"The problem in the law is the third option which is 'when a candidate withdraws'. That is what is being abused," Sotto said in a text message sent to reporters on Tuesday, October 12.

"We should amend that and remove it completely. If you are not ready and unprepared, why are you running for public office?" he added.

Sotto is running for vice president in the 2022 elections. He chairs the political party Nationalist People's Coalition (NPC).

Partido Demokratiko Pilpino-Lakas ng Bayan (PDP-Laban) stalwart Senator Aquilino "Koko" Pimentel III said that while political parties are given the benefit to replace their candidates, he, too, agreed, that the practice may have been abused.

"The 'extension to file ' up to November 15 is a prerogative given to political parties as one of their advantages over independents," said Pimentel, who was recently elected as chairperson of their faction in the administration party.

"However, that period was given for serious contingencies -- which may not have been foreseen or which though foreseen happened anyway -- and was not meant to be part of strategies and tactics," he pointed out.

"Mukhang na-abuse na nga (It seems it is already being abused) if intentionally done na ang pag-field ng (to field) 'fake candidates'. A fake candidate is necessarily a nuisance candidate," Pimentel said.

Article 9, Section 77 of the Batas Pambansa No. 881 or the Philippines' Omnibus Election Code allows the substitution of candidates in case of death, disqualification or withdrawal of another.

"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," the provision stated.

For the May 9, 2022 national and local elections, the Commission on Elections (Comelec) allowed the filing of COCs for substitute candidates until November 15.

The supposed abuse of the substitution rule comes as political parties fielded presidential candidates to reserve the place for Davao City Mayor Sara Duterte-Carpio, who, despite maintaining that she wants continue to serve her constituents, is being pushed to run for president next year.

The Lakas-Christian Muslim Democrats (CMD) admitted putting a member, Anna Capela Velasco, as a placeholder for the Davao City should she change her mind about not running for president.

Lakas-CMD secretary general Prospero Pichay was reported as likening the election strategy to a card game.

Senator Ronald "Bato" dela Rosa, who was fielded as standard bearer by the PDP-Laban wing led by President Duterte and Energy Secretary Alfonso Cusi hours before the filing of COCs ended, also said that he is willing to give way for Duterte-Carpio if she decides to take her oath as their party mate and join the presidential race.

Dela Rosa confessed waiting for the president's daughter to decide.

In the House of Representatives, Deputy Speaker Rufus Rodriguez said he will file a proposal for an "absolute ban" on the substitution of candidates.