October 10,2021 - 08:00 AM
A. Election lawyer Romulo Macalintal proposed that a candidate who files a certificate of candidacy for the sole purpose of reserving the position for a substitute should be declared a nuisance bet for mocking the electoral process, and the COC denied due course. Since the COC is null and void, the candidate cannot be substituted.
A. Section 77 of the Omnibus Election Code states that “an official candidate of a registered PP” who withdraws after Oct. 8 may be substituted “only [by] a person belonging to, and certified by, the same PP” of the candidate who withdrew. As practiced by many politicians, the substitute can be sworn in as a member of the PP or coalition right before the substitution. Moreover, “the name of the substitute will be reflected in the official ballots.” If withdrawal is made after Nov.
Q4. If a candidate dies or is disqualified by a final judgment after Nov. 15, can he/she still be substituted?
Source: Law Daily Report (lawdailyreport.net)
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