IN THE MATTER OF FURTHER AMENDING SECTION 14 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: 10 February 2004
WHEREAS, for the 11 May 1992 National and Local Elections, the Commission promulgated, on 23 March 1992, COMELEC Resolution No. 2401, providing, among others, that "an official candidate of a registered political party who files and subsequently withdraws his certificate of candidacy pursuant to Section 73 of the Omnibus Election Code may not file a new certificate and be a substitute under Section 77 of the same code to replace the candidate of the same political party who died, withdrew or was disqualified after the last day for the filing of certificates of candidacy":
WHEREAS, said policy was substantially adopted for all electoral exercises subsequent to the 1992 Elections, including the coming 10 May 2004 National and Local Elections, as embodied in the second paragraph of Section 14, COMELEC Resolution No. 6453;
[NOTE: "Sec. 14. Substitution of Candidates, in case of death, disqualification or withdrawal of another. - xxx
No person who has withdrawn his candidacy for a position shall be eligible as substitute candidate for any other position after the deadline for filing of certificates of candidacy or after January 2, 2004.]
WHEREAS, in his "Dissent" to COMELEC Resolution No. 2401, then Commissioner Dario C. Rama expressed his opinion that said Resolution was "tantamount to legislating on the part of the Commission on Elections because it imposes an additional condition to a person who is proposed as a substitute candidate under Section 77 of the Omnibus Election Code";
WHEREAS, the Commission has always been deluged with queries relative to Section 77 of the Omnibus Election Code, especially with respect to the application of the abovequoted provision of Resolution No. 2401 and its later adoption in Resolution No. 6453;
WHEREAS, in order to clarify the matter, the Commission decided to re-examine the above policy, taking into account the rationale behind Section 77 of the Omnibus Election Code and the position taken by then Commissioner Rama in Resolution No. 2401;
WHEREAS, after a thorough deliberation thereon, the Commission concluded that Paragraph 2, Section 14 of Resolution No. 6453runs counter to Section 77 of the Omnibus Election Code and may therefore constitute a curtailment of the right and privilege of registered political parties to choose and field their most qualified and competent members who can best represent his constituency.
NOW, THEREFORE, the Commission RESOLVED, as it hereby RESOLVES, to AMEND Section 14 of Resolution No. 6453 by deleting the second paragraph thereof. Consequently, a person who has withdrawn his candidacy for a position shall be eligible as substitute candidate for any other position, after the deadline for filing of certificate of candidacy; provided that said person belongs to and certified by the same political party of the substituted candidate.
The Education and Information Department shall cause the publication of this Resolution in tow (2) daily newspapers of general circulation and give the same the widest dissemination possible.
All the previous resolutions and issuances inconsistent herewith are superseded accordingly.
Let the Executive Director implement this Resolution.