The Manila Times - Comelec sets some new rules on party-list elections

News & Interviews
4 February 2021

By William B. Depasupil | The Manila Times

THE Commission on Elections (Comelec) has begun preparations for next year’s national and local elections, starting with some changes on the conduct of party-list elections, its spokesman said on Thursday.

James Jimenez disclosed that the Commission en banc has issued Comelec Resolution (CR) 10690, setting the deadline for the filing of various petitions and updating the implementing rules and regulations relative to the conduct of party-list elections.

Under CR 10690, the deadline for the filing of Petitions for Registration and Manifestation of Intent to Participate
of registering party-list groups, organizations and coalitions is on March 31, 2021. The same deadline has been fixed for existing party-list groups, organizations and coalitions to file their Manifestation of Intent to Participate.

The resolution also sets the date of the filing of opposition to petitions for registration which must be filed not later than the date when the case is submitted for resolution, while Petitions to Deny Due Course to a Manifestation of Intent to Participate must be filed within 10 days from its date of publication.

The Commission has also required registered party-list groups to file a complete list of at least five of their nominees and other required documents in Section 3 of CR 10690 and must be submitted to the Comelec within the same period designated for the filing of Certificates of Candidacy under the Calendar of Activities for the 2022 synchronized national and local elections.

In case of substitution of party-list nominees by reason of withdrawal, the deadline is on Nov. 15, 2021. However, if it’s
by reason of death or incapacity, substitution is allowed until mid-day of election day.

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 10 days. 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.

Parties are now required to publish, at their own expense, their
new list of substitute-nominees, and to subsequently submit proof of
publication to the Comelec. 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. No substitution
is valid unless these requirements are complied with.

Petitions to Deny Due Course and/or Cancellation of Nomination of
Party-List Nominees must be submitted within 10 days from publication
by the Comelec, or within 10 days from the submission of proof of
publication of substitute-nominees to the Comelec. Meanwhile,
Petitions for Disqualification of Party-List Nominees 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
propiodisqualified. WILLIAM B. DEPASUPIL