VETERAN election lawyer Romulo Macalintal yesterday said the Commission on Elections (Comelec) ban against substitution of candidates through the withdrawal mode would put an end to the “unscrupulous practice” of some political parties and their candidates to use the political ploy to mock the election process.
In a statement, Macalintal said the Comelec’s decision deserves to be applauded. “Comelec should be lauded for its initiative to put an end to the unscrupulous practice of some political parties in substituting candidates until the deadline of filing COCs, thus resulting to a mockery of the elections,” said Macalintal.
“Such a decision puts an end to such a nefarious political strategy employed by some politicians to suit their personal interest,” he added.
The Comelec on Wednesday announced it would no longer allow the substitution of candidates who will withdraw their Certificates of Candidacy (COCs) after the COC filing period of October 1 to 8.
Macalintal said such a tactic from the Comelec is the fitting tool to end the scheme of politicians that tends to make a mockery of the electoral process and the voters.
“These candidates should be taught the lesson that election involves public interests, and not only their political and personal interests,” he said, stressing that such an initiative from the Commission has a sufficient legal basis in the case of Federico vs. Comelec (GR No. 199612, 22 January 2013), wherein the Supreme Court upheld the Comelec’s authority to set a deadline for substitution as part of its constitutional mandate.
“According to the Supreme Court, setting a deadline for substitution is legally justified since withdrawal is voluntary, and a candidate should have had sufficient time to ponder his candidacy,” said Macalintal.
In the May 2022 polls, the Comelec still allowed the substitution due to withdrawal of candidates until November 15, 2021.
It can be recalled that Vice President Sara Duterte was a substitute candidate in the 2022 polls after replacing Lyle Uy of the Lakas-CMD Party two days before the November 15 deadline.
Sen. Imee Marcos said the Comelec’s no substitution rule is “reasonable” as this will ensure that the deadline for the filing of COCs “is not duly circumvented.”
“This also promotes better transparency on the true intention of candidates when they file their COCs, allowing voters to do their research early on since they know exactly who will run for what office,” said Marcos, who is the chairperson of the Senate Committee on Electoral Reforms and People’s Participation. — With Raymond Africa
