Manila Bulletin – Comelec issues rules on party-list nominee substitution in May 2022 polls

By Leslie Ann Aquino | Manila Bulletin

The Commission on Elections (Comelec) has set the deadline on substitution of party-list nominees by reason of withdrawal on Nov. 15, 2021 for the May 2022 polls.

However, the poll body said, if it’s by reason of death or incapacity, substitution is allowed until mid-day of election day.

The Comelec also said that if a nominee withdraws his acceptance, he is no longer eligible to be re-nominated by the same party or be nominated by other parties.

“If a nominee dies or becomes incapacitated, notice and proof of his death must be filed with the Comelec within ten days,” the poll body said in a statement on Thursday, Feb. 4.

According to Comelec, only in cases of valid withdrawal and substitution, or death or incapacity, may “alteration in the order of nominees still be allowed after filing.”

“The name of the substitute-nominee will also be placed last in the list,” it said.

The Comelec said party-list groups are also now required to publish, at their own expense, their new list of substitute-nominees, and to submit proof of publication to the poll body.

“They have five days from the filing of the list of substitute-nominees to cause its publication, and three days from publication to submit proof of said publication,” said Comelec.

It added that no substitution is valid unless the requirements are complied with.

Petitions to Deny Due Course and/or Cancellation of Nomination of Party-list Nominees must be submitted within ten days from publication by the Comelec, or within ten days from the submission of proof of publication of substitute-nominees.

As for petitions for Disqualification of Party-List Nominees, the poll body said it must be filed not later than the date of proclamation.

“The Commission now has broader powers to disqualify or cancel the Certificate of Nomination and Acceptance (CONA) of a nominee. At any time before proclamation, any nominee who is disqualified, ineligible, or lacks the qualification provided by law, or whose nomination is contrary to law and the rules, may be motu propio disqualified,” ssid Comelec.

The Comelec has fixed the deadline of filing various petitions and updated the implementing rules and regulations in relation to the conduct of party-list elections for purposes of the May 9, 2022 national and local elections in Resolution No. 10690 dated Jan. 27, 2021.

Back to Blog