By Mortz C. Ortigoza
Some if not many of those who will be filing their certificate of candidacy (CoC) today and to its last day on October 8 this year will not be the real candidates for the post of the presidency, vice presidency, membership in Congress, governorship, vice governorship, mayorship and the vice mayorship, and membership in the Sanguniang Bayan, Panlungsod, and Panlalawigan (municipal, city, and provincial councils).
Many of the real bets will be waiting at the sidelines before they file their own as substitute until November 15, 2021 – as provided by the resolution of the Commission on Election.
The reasons of their procrastination are probably they have not finally decided about the office they want to be elected (like President Rodrigo Duterte forgoing his vice presidential bid while we saw his factotum Senator Bong Go filed his CoC for the post, poll leader Sara Duterte filing for the mayorship of Davao City while we suspected somebody has filed his CoC and waits for her to substitute him); as strategy in a quid pro quo with an opponent or a friend to honor about not running with each other while sending somebody to file their CoC as panigurado or to make sure the parley is honored, and; those who want to avoid solicitations of various groups and indigents who exploit the vulnerability of politicians to be extra-ordinary generous in this time of the ingratiation game.
It used to be until noon of election day in May 13, 2019 - by candidates with the same surnames - where the voters will be casting their votes at their respective election precincts. The En Banc of the Commission on Election cowered and changed it after they look stupid to the criticisms of top notch election lawyers.
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Here below are the “sleight of hands” that a shrewd politico could chalk up before the eyes of the unwitting voters:
1. Section 19 of Comelec Resolution 9884 states: An official candidate of a duly registered political party (PP) or coalition who dies, withdraws, or is disqualified for any cause after the filing of COCs may be substituted by a candidate belonging to, and nominated by, the same PP or coalition.
2.Resolution No. 10695, issued Feb. 10, 2021, which allows late substitution even from Nov. 16, 2021, until noon of Election Day itself, provided the substitute and the one he is replacing have the same surname.
The liberality of the Comelec to pass a controversial resolution I mentioned above can be anchored on the January 2013 jurisprudence of the Supreme Court’s Federico vs Comelec that says the Comelec "has been empowered to set the dates for certain pre-election proceedings." These proceedings include setting a deadline for substitution due to withdrawal.
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The Comelec even passed in October 1, 2018 Resolution No. 10430 that it eventually repealed due to media and public outcries in the 2019 election.
It allows substitute candidates for those who withdraw their candidacies — and not just for those who die or get disqualified – until midday of election day.
The substitute, however, should share the surname of the original candidate. No substitution is allowed for independent candidates.
High caliber Election Lawyer Sixto Brillantes, Jr. - who showed to all and sundry that those appointed in the En Banc can be a fluke - warned the Comelec that their resolution would create confusion.
"Hahanap ako ng artistang kapareho ng family name ko, tapos kunyari 'yun ang ilalagay kong kandidato. Tapos 'pag malapit na ang eleksyon, let's say two days before or one day before the elections, sa-substitute ako. O di 'pag binoto 'yan ng tao, akala nila 'yun ang binoboto nila, 'yun pala iba na," he said in the vernacular.
Gee whiz, that’s a patent mockery of the election law.
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MORTZ C. ORTIGOZA
I am a twenty years seasoned Op-Ed Political Writer in various newspapers and Blogger exposing government corruptions, public officials's idiocy and hypocrisies, and analyzing local and international issues. I have a master’s degree in Public Administration and professional government eligibility. I taught for a decade Political Science and Economics in universities in Metro Manila and cities of Urdaneta, Pangasinan and Dagupan. Follow me on Twitter @totoMortz or email me at totomortz@yahoo.com.
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