'Exploited loophole': Bill banning withdrawals for poll bet substitution moves forward in House


At a glance

  • Several bills that seek to prohibit the substitution of candidates in elections by reason of withdrawal has begun to move forward in the House of Representatives.


20240401_182237(1).jpgHouse of Representatives (Ellson Quismorio/ MANILA BULLETIN)

 

 

 

 

 

 

 

 

Several bills that seek to prohibit the substitution of candidates in elections by reason of withdrawal has begun to move forward in the House of Representatives.

The House Committee on Suffrage and Electoral Reforms, chaired by Mountain Province lone district Rep. Maximo Dalog, voted to approve the five House bills on Tuesday, May 7.

It was Sorsogon 2nd district Rep. Wowo Fortes who moved to consolidate House Bills (HBs) No. 437, 5692, 8794, 9069, and 10186. These measures aim to amend Section 77 of Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code.

Pending the submission of the Commission on Elections’s (Comelec) position paper, a draft of the substitute bill is set to be prepared "subject to style and recommendation".

San Jose Del Monte City lone district Rep. Rida Robes, one of the authors of the bills, stressed the importance of the measure’s immediate passage given the approaching 2025 national and local elections.

“Through the years, substitution by reason of withdrawal has been used in numerous instances without any valid cause or reason from the withdrawing candidate,” said Robles.

“In short, a massive deception of the electorate,” she underscored.

Citing the 1987 Constitution, the Bulacan lawmaker noted that sovereignty resides in the people. She said that elected lawmakers should do everything in its power to protect the interest of the electorate.

“Candidates for elected office should be prevented from undermining the integrity of the voting process by utilizing clauses like substitution by means of withdrawal as a means of advancing their personal interest,” Robles said.

Quezon City 6th district Rep. Marivic Co-Pilar, meanwhile, described the withdrawal clause as a “loophole that has been exploited for far too long”.

“Withdrawal, unlike death or disqualification, is a voluntary act. One that should not be taken lightly or intently manipulated for political gain,” said Co-Pilar.

“We have witnessed the regrettable practice of using individuals as mere placeholders, a mockery of certification of candidacy process. This undermines the integrity of our elections [and] erodes public trust,” she added.

Under this proposed measure, the withdrawal of a candidate from their candidacy shall no longer be a valid ground for substitution.

However, Co-Pilar noted that the bill shall also include permanent incapacity of a candidate as additional ground for substitution.

She said this ensures that a political party will have a recourse in the event of unforeseen circumstances that render a candidate unable to fulfill his or her duties.