3. Substitution of Candidates

Independent Candidates:

• Not a member of a registered political party.
• Member of an unregistered political party.
• Member of a registered political party but not officially nominated as candidate by said party.
• Nominated by a person who is not a duly authorized representative of a registered political party.
• Nominated by a registered political party but such was not submitted to the COMELEC or where such nomination was submitted after the last day of filing of the certificate of candidacy.
• Nominated by a party that nominated candidates in excess of the number of persons to be voted for the elective position.
• Accepted nominations from more than one registered political party.

Substitution of Candidates

> B.P. Blg. 881, sec. 77 Section 77. Candidates in case of death, disqualification or withdrawal of another. - If 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. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the Commission.

Grounds for Substitution:

• Death
• Withdrawal
• Disqualification

Substitution is not allowed when the original candidate’s certificate of candidacy was denied due course or cancelled under Section 78 of B.P. Blg. 881 for a material misrepresentation about eligibility. A candidate disqualified under Section 68 may be substituted if the requirements of Section 77 are met.

• Ground of material misrepresentation.
• When the certificate was cancelled because he was running for the fourth consecutive term.
• A material false representation in the certificate of candidacy concerning compliance with the one-year residency requirement.

NOTE: in the case of Tagolino v. HRET, G.R. No. 202202, 2013, COMELEC first ruled that substitution is allowed because it held that a candidate’s failure to meet the qualifications is a ground for disqualification. This was adopted by the HRET. However, the Supreme Court ruled that it is actually a cancellation of the certificate of candidacy. Thus, no substitution is allowed.

GENERAL RULE: No substitution is allowed for an independent candidate. Only candidates who are members of and are nominated by a party can be substituted.

Exception: A candidate for a barangay elective office notwithstanding the policy that barangay elections are nonpartisan can be substituted by his/her spouse. (Rulloda v. COMELEC, G.R. 154198, 2003).

Rules on Substitution:

• Any candidate may withdraw his candidacy anytime before election day.
• A person without a valid certificate of candidacy cannot be considered a candidate and therefore cannot be substituted.
• Substitute candidate may file his certificate of candidacy no later than mid-day of election day.
• No person who has withdrawn his candidacy for a position shall be eligible as a substitute candidate for any other position.
• The substitute candidate must be qualified to hold office and must be a member of and nominated by the same political party.
• A public office is personal to the public officer and not a property transmissible to the heirs upon death. The court has allowed substitution and intervention but only by a real party in interest. The Protestant’s widow is not a real party in interest to the election protest.
• The filing of the withdrawal shall not affect the civil, criminal or administrative liabilities the substituted candidate may have already incurred.
• A candidate who is disqualified under Section 68 of the Omnibus Election Code can be validly substituted pursuant to Section 77 because he remains a candidate until disqualified; but a person whose certificate of candidacy has been denied due course to and/or cancelled under Section 78 cannot be substituted because he is not considered as a candidate.

Ministerial Duty of Comelec to Receive Certificates of Candidacy

> B.P. Blg. 881, sec. 76 Section 76. Ministerial duty of receiving and acknowledging receipt. - The Commission, provincial election supervisor, election registrar or officer designated by the Commission or the board of election inspectors under the succeeding section shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy.