The Commission on Elections (Comelec) said an aspirant whose certificate of candidacy (COC) has been cancelled cannot be substituted.
"If it is by cancellation of the COC, it is as if no COC was filed by the candidate. Therefore, there is no right to substitution that is attached," Comelec Spokesperson James Jimenez said in an online press briefing Wednesday, Nov. 10.
Last week, several groups and personalities submitted a petition with the poll body seeking to cancel or deny the COC of presidential aspirant Ferdinand "Bongbong" Marcos Jr. over supposed "false material representation" stemming from a 1995 tax case.
On Monday, Nov. 8, a petition-in-intervention was also filed before the Comelec seeking to supplement the said petition.
The petition against Marcos Jr. has already been raffled to the Comelec Second Division.
Jimenez said summons may be issued this week.
"After the summons have been issued, they will have five days to file an answer. After an answer has been filed, the Comelec will issue a notice for a pre-conference meeting and it will be attended by the counsel of the respondent and the petitioner. After, they will be given three days to submit their respective memoranda...and the case will submitted for resolution," he said.
When asked what will happen in case there is a split decision on the petition, Jimenez said there will be a guest member of the division.
The Second Division is composed of Commissioners Antonio Kho Jr. and Socorro Inting.