Reelectionist Senator Sherwin Gatchalian on Monday, Oct. 25 said he and some senators will be filing a bill that would amend the Omnibus Election Code to remove withdrawal as one of the criteria for the substitution of candidates.
In an interview on ANC Headstart, Gatchalian said the substitution rule has become a tool for political use and therefore, should be corrected.
“The substitution rule has become a tool for political use and that’s not supposed to be. In fact, me and a few other senators will file this week a law that would remove the substitution criteria,” Gatchalian said.
“Definitely, (we will remove) the withdrawal criteria—there are two, disqualification and withdrawal. So we will remove the withdrawal. And the reason for that is...that’s not the spirit of the law.
Gatchalian pointed out that the substitution rule does not only apply to national candidates, but to local candidates as well.
“The spirit of the law is that once you filed, you filed. And you don’t place placeholders in order to prolong the deadline. That’s not the spirit of the law,” he added.
“So we will file a bill to remove that so that it’s very clear. That’s why there is disqualification and probably death, that would be allowed for substitution,” he stressed.
Adding to the confusion, he said, is the Commission on Elections (Comelec) deadline for the filing of certificate of candidacy (COC) which is technically “really until November 15.”
“This is another confusion, the deadline is really until Nov. 15, for all intents and purposes. It’s not October 8. It’s November 15,” he pointed out.
“But with all these allowing substitution (of candidates), in effect, the deadline becomes Nov. 15. So my view here (is that) there should only be one—which is Nov. 15,” he stressed.
He said the Comelec’s argument that they allowed the filing of the COC only from October 1 to 8 so they can start printing the ballots already is not logical.
“Kung kaya ng (If they can make it on) Nov. 15, let’s make it Nov. 15. The logic why Comelec allowed the filing to be on Oct. 1 to 8 is because they said they will start printing the ballots already,” Gatchalian said.
“But they cannot print the ballots until Nov. 15, after which the substitution is completely over. Let’s make it Nov. 15 and not prolong the agony of guessing who is going to file, who’s not going to file,” he reiterated.
Recently, Deputy Speaker and Cagayan De Oro Rep. Rufus Rodriguez filed a bill that would prohibit political parties from substituting any candidate unless for reason of death or disqualification.
Under the law, substitution of a candidate is allowed in case of death, disqualification or withdrawal of another aspirant.