Political parties in Catanduanes will have to look not only at the winnability factor when they select their official candidates in the 2025 local elections this September but also the state of their health.
This advice was aired by a veteran election lawyer in a phone interview with the Tribune last week, a day after the House of Representatives overwhelmingly passed House Bill No. 10524 abolishing the withdrawal of Certificate of Candidacy (CoC) as ground for the substitution of candidates by political parties.
Approved Aug. 21, 2024 on third reading with 195 votes, the proposed law also adds permanent incapacity as a new ground and amends Section 77 of Batas Pambansa Blg. 881 or the Omnibus Election Code of the Philippines.
Under this existing provision, “(I)f 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 who died, withdrew or was disqualified.”
Proponents stated that the bill acknowledges the need to strengthen the country’s electoral system by preventing the mockery of the electoral system by fielding candidates merely as placeholders just to comply with the electoral deadline of filing for candidacy.
The measure includes permanent incapacity as an additional ground for substitution of candidates to ensure that only those who are put in front of the public during the campaign period will be the ones to serve the people should they be elected.
“We need to include permanent incapacity as an additional ground for substitution of candidates to ensure that only those who are put in front of the public during the campaign period will be the ones to serve the people should they be elected,” Speaker Ferdinand Martin G. Romualdez said in a statement.
HB 10524 defines permanent incapacity as a mental or physical impairment, or both, based on a verified medical report of a licensed physician, rendering the candidate unable to perform the elected position’s duties, and which appears reasonably certain to continue without substantial improvement until the term of office which the candidate seeks to be elected for.
Manila-based Atty. Dexter A. Francisco said that this is the reason local coalitions or political parties should consider the health of their chosen candidates, aside from their financial capacity and popularity, as the withdrawal of a candidate could have serious consequences.
Citing a scenario where a candidate for mayor or governor withdraws his CoC due to failing health and is replaced by the candidate for vice mayor or vice governor, the latter can no longer be substituted based on the new guidelines.
He added that there was actually no need for the House to approve the measure as the Commission on Elections is authorized under law to promulgate its own rules concerning the conduct of national and local elections.
COMELEC is set to release this week the guidelines for the filing of CoCs by aspirants anytime from Oct. 1 to 8, with candidates of political parties to also file their Certificate of Nomination and Acceptance (CONA).
During the same period, the parties are also required to file their list of nominees, Certificate of Nomination, and Certificate of Acceptance of Nomination (CON-CAN) and Affidavit of Qualifications of Nominees.
In case an official candidate of a political party of coalition withdraws his or her CoC, the substitute is required to submit his CoC during the same period.
Atty. Francisco noted that to prevent the issuance of blank, “overlapping” or double CONAs for the same positions by political parties or coalitions, COMELEC has mandated the submission of the list of authorized signatories with specimen signatures by parties or coalitions to the Law Department by Sept. 30, 2024.
In previous polls, there have been cases where two candidates for the same position were issued CONAs by the same party, sometimes with different officials signing the documents.
Likewise, he added, candidates should prepare this early the 10 photographs they would use during the campaign, digital copies of which would have to be submitted to the Commission.
The move, including the registration of the candidate’s social media accounts with COMELEC, is intended to address the possibility of fake, AI-generated pictures targeting their campaigns particularly on social media.
The Virac-born lawyer said COMELEC has coordinated with both Meta and Google with regards to the posting of misleading election advertisement or articles on social media.
Commissioner George Erwin Garcia also announced that for the first time in election history, the CoC of all candidates who will run in 2025 will be published for added transparency, to ensure that only qualified candidates can run for public office, and to prevent a repeat of what happened in Bamban, Tarlac, during the 2022 elections wherein a Chinese national won the mayoralty post.
“This is the first time that we will do it,” he was quoted as saying but pointed out that the information that will be published by the Comelec would be limited only to what is required by the Omnibus Election Code and in accordance with the Data Privacy Act.
As the candidate’s civil status, the name of his or her spouse, and e-mail address will not be published, the data to be published will be limited to the name, age, gender, place and date of birth, citizenship, and political party or coalition to which he or she belongs.
Garcia said the publication of the CoC of candidates would be an effective deterrent against misrepresentation, perjury or lying under oath and other election offenses.
Any false material representation in the CoC could make the candidate liable for the cancellation of the candidacy pursuant to Section 78 of the OEC.