FOR YEARS, the 1985 Omnibus Election Code has allowed electoral substitutions for the 2022 elections. In fact, President Rodrigo Duterte was a substitute who replaced Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) candidate Dino Martin during the 2016 elections.
There are three conditions that permit a candidate for substitution: Death, withdrawal, and disqualification by the Commission on Elections (COMELEC). However, recent developments in the electoral landscape of the Philippines such as presidential daughter Sara Duterte-Carpio’s substitution for Lakas-Christian Muslim Democrats’s Lyle Uy have sparked discussions among politicians and citizens alike about the potential abuse of electoral substitution.
Given the vagueness of the aforementioned conditions, COMELEC must revisit and review its conditions for substitution by assessing its current processes and protocols to ensure that the electoral process will not be made a circus by political aspirants.
A circus-like electoral landscape
On November 9, Duterte-Carpio officially withdrew her candidacy for Davao City mayor six days before the deadline of filing for substitutions. Shortly after, she confirmed her candidacy for Vice President (VP) under the Partido Federal ng Pilipinas as Presidential Candidate Ferdinand “Bongbong” Marcos Jr’s running mate.
To add fuel to the fire, despite announcing his retirement from politics, Duterte formalized his bid for a senatorial seat only to withdraw one month after. He supposedly pledged support to Presidential Candidate Senator Bong Go, who has also since withdrawn his candidacy.
This abuse of electoral substitutions paints a picture of politicians making a noisy, circus-like publicity stunt out of the national elections. This has raised some concerns that these actions might be reflective of how they would potentially run the government should they win.
Politicians running for national office must not tarnish the integrity of the elections by using provisions like substitution as leverage to further their own agenda. Allowing practices like this to continue will not only ridicule our election process, but also cause further confusion to citizens’ understanding of the electoral landscape.
Combating confusion
Recently, Deputy Speaker and Cagayan de Oro 2nd District Representative Rufus Rodriguez filed a House bill to prohibit the substitution of a candidate on the basis of withdrawal. Rodriguez asserted that voluntary substitution might lead to a “manipulation and mockery of the election process.”
Additionally, Senator Sherwin Gatchalian, along with other senators, filed a bill that seeks to amend the Omnibus Election Code to remove withdrawal as a valid reason for voluntary substitution.
On the other hand, COMELEC Spokesperson James Jimenez validated withdrawal as a condition for voluntary substitution, since banning withdrawal might hold political parties hostage to an unsure aspirant. COMELEC Commissioner Rowena Guanzon has echoed Jimenez’s stand regarding the issue, explaining that permitting the substitution of candidates does not affect the ability of other candidates to fairly compete in the elections.
Given all of these considerations, the removal of withdrawal as a valid grounds for substitution might not be practical in the long run, since not all political aspirants should be deprived of the right to withdraw because of the potential abuse of a select few. Ultimately, the provisions in the 1985 Omnibus Election Code must be revisited to ensure that the substitution process is not abused to ensure that the integrity of the electoral process is protected.
Protecting essential integrities
As the 2022 Presidential Elections approaches, it is essential to protect the integrity of the electoral process. Elections are a crucial political activity that needs to be honored by both candidates and citizens. With the recent events involving the substitution of influential politicians, it seems that the electoral process has turned into a game whose rules only those in power can understand.
The COMELEC must actively ensure the integrity of the elections by making sure that provisions like substitution are not taken advantage of, if not amending the provision entirely. To do this, the COMELEC must be stricter in regulating the substitution of candidates by being more critical about initial candidates who show signs of being a placeholder for another candidate.
Some signs might include filing their Certificates of Candidacy at the last minute and showing no genuine intent to run, such as Senator Bato Dela Rosa repeatedly expressing giving up his presidential bid should Duterte-Carpio run. From there, they can declare the supposed placeholder a nuisance candidate, therefore prohibiting any abuse of substitution to happen.
Moving forward, certain provisions in the Omnibus Election Code that are subject to abuse such as substitution must be amended to identify the parameters that will protect the integrity of the elections. Should these amendments take place, the COMELEC—alongside the legislative and judiciary branches of the government—must strictly implement these provisions to avoid turning the filing of candidacy period into a circus.
