Resolution No. 6559
IN THE MATTER OF AMENDING SECTION 14 AND 15 OF COMELEC RESOLUTION NO. 6453
"GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION OF
OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES IN CONNECTION WITH
THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS"
Promulgation: 17 January 2004
WHEREAS, under the automated counting and canvassing of votes pursuant to the provisions of Republic Act No. 8436, the names of the candidates shall be printed in the official ballots;
WHEREAS, under the automated counting and canvassing of votes, the votes of candidates whose names are not printed in the official ballots may not be counted and could not be reflected in the documents to be generated by the counting and canvassing machines;
WHEREAS, in order that all the votes of the candidates can be counted by the automated counting and canvassing machines, the Commission has to adjust the timelines of certain pre-election activities such as the deadline for the substitution of candidates who withdraw or are disqualified so that the names of the substitutes can be printed in the official ballots;
WHEREAS, in order to attain said purpose, the Commission has provided under Section 14 of COMELEC Resolution No. 6453 that the deadline for substitution of candidates who withdraw or are disqualified is on January 15, 2004;
WHEREAS, pursuant to the Decision of the Supreme court in G.R. No 159139, entitled, "INFORMATION TECHNOLOGY FOUNDATION OF THE PHILIPPINES, ET AL., -VS- COMMISSION ON ELECTIONS, ET AL.", declaring null and void the contract between COMELEC and Mega Pacific eSolution (MPEI), the Commission has to revert back to the manual system of election;
WHEREAS, Section 15 of COMELEC Resolution No. 6453 provides that "In case of valid substitution after the official ballots have been printed, the votes cast for the substituted candidates shall be considered votes for the substitutes";
WHEREAS, under the manual system of election, existing jurisprudence do not allow votes for substituted candidates as votes for the substitute candidates;
WHEREAS, Section 77 of the Omnibus Election Code allows substitution of official candidates of official candidate of political parties who dies, withdraws or is disqualified for any cause up to midday of the day of the election;
WHEREAS, considering that we are now reverting to the manual system of election, there is a need to amend Section 14 and to delete Section 15 of COMELEC Resolution No. 6453:
NOW THEREFORE, the Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code (B.P. Blg. No. 881), and other election laws, the Commission RESOLVES to promulgate as it hereby RESOLVES to amend Section 14 and delete Section 15 of COMELEC Resolution No. 6453, as follows:
SECTION 1. - Section 14 of COMELEC Resolution No. 6453 is hereby amended to read as follows:
"Section 14. - Candidates in case of death, disqualification or withdrawal of another. - If after the last day for 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 with the offices enumerated under Section 3 hereof not later than mid-day of the 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."
SECTION 2. - Section 15 of COMELEC Resolution No. 6453 is hereby deleted.
SECTION 3. Effectivity. - This resolution shall take effect immediately after its promulgation.
SECTION 4. Dissemination. - The Education and Information Department shall cause the publication of this resolution in two (2) daily newspapers of general circulation and give the same the widest dissemination possible. The Executive Director shall furnish copies of this resolution to the Secretary of the Department of National Defense, the Department of the Interior and Local Government, the Department of Justice, the Chief of Staff, Armed Forces of the Philippines, the Director-General of the Philippine National Police and the Director of the National Bureau of Investigation.