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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In the Supreme Court En Banc session on March 4, 2025, the Supreme Court granted the petition of Marie Grace David, and reversed the COMELEC’s resolution rejecting her certificate of candidacy for Vice Mayor of Limay, Bataan, in the 2025 National and Local Elections.
Section 77 of the Omnibus Election Code provides that:
“Sec.77. Candidates in case of death, disqualification or withdrawal of another. – If after the last day for the 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 in accordance with the preceding sections not later than mid-day of the day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-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.”
On December 6, 2024, Richie Jason D. David withdrew his certificate of candidacy (COC) for Vice Mayor of Limay, Bataan. Subsequently, Marie Grace was nominated as his substitute by the Partido Federal ng Pilipinas. She then filed her own COC, along with a Certificate of Nomination and Acceptance (CONA), and submitted a Petition for Substitution and Inclusion in the Official List of Candidates/Ballots before the COMELEC.
However, the COMELEC denied Marie Grace’s substitution, and ruled that she failed to file her COC and CONA within the period prescribed under Sec. 59 of COMELEC Resolution No. 11045 which states that:
“Section 59. Substitution due to the Withdrawal of the Original Aspirant. – Substitution due to the withdrawal of the original aspirant shall only be allowed until October 8, 2024 (Tuesday).
In this case, the sworn Statement of Withdrawal shall also include the name of the substitute.
No substitute shall be allowed for any independent candidate.
No substitution shall be valid unless the substitutes file with the Receiving Office, their COC and CONA.
The Receiving Office shall act on all sworn Statements of Withdrawal and substitution of aspirants filed from October 1, 2024 to October 8, 2024. Provided that the COC and CONA and Sworn Statement of Withdrawal shall be delivered to the Law Department and ERSD in accordance with Sections 54 and 55 of the Resolution.”
On January 14, 2025, the Supreme Court issued a Temporary Restraining Order (TRO) preventing the COMELEC from implementing its resolution.
The Supreme Court ruled that the COMELEC committed grave abuse of discretion by disallowing the substitution of Marie Grace, finding that Marie Grace fully complied with the requirements under Sec. 77 of the Omnibus Election Code, and hence, is a bona fide candidate for the position of Vice Mayor of Limay, Bataan.
The Supreme Court permanently prohibited the COMELEC En Banc from implementing its assailed Resolution dated January 6, 2025 and related issuances.
Related Articles:
- The Supreme Court decides: The Supreme Court underscored that a writ of mandamus may not compel the Commission on Elections (COMELEC) to exercise its discretion in a certain way, such as granting or denying a request to open and recount ballot boxes.
- Inclusion and Exclusion Proceedings
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