HOUSE OF REPRESENTATIVES – Bataan 1st district representative Geraldine B. Roman recently filed a bill that seeks to prevent withdrawal of candidacy as a ground for substitution of a candidate calling it a “mockery of the electoral process.”
House Bill No. 271 is called “An act excluding withdrawal of a certificate of candidacy as a ground for substitution of a candidate, amending for the purpose Section 77, of Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code.”
In a report, a closer study of the law (BP 881) indicates that some of its provisions are no longer relevant with the present times. This law was enacted in 1985 and reportedly being abused by many public officials particularly the Section 77 of BP 881 being used by would be candidates to circumvent the deadline imposed by the Commission on Elections for the filing of certificate of candidacies. Oftentimes, incumbent appointive public officials resort to this particular provision to maximize their stay in their positions and enjoy the perks, benefits, and privileges of their office.
Section 23 of BP 881 mandates the cessation of public appointive position or the automatic resignation of a public officer upon the filing of a certificate of candidacy (COC). Thus, public officials take advantage of the provision of the law which allows substitution of candidates who withdraw their COC particularly in the case of accredited political parties, mostly in local electoral contests. A potential candidate usually asks another person to file a COC which later on withdrawn to allow the substitution in favor of the potential candidate.
“This amendment will also help the electorate determine who among the candidates are really sincere in their intent to serve the people,” Congresswoman Roman said. –Mhike R. Cigaral/Contributor
