MANILA (UPDATE)—The Philippines needs a comprehensive review of its electoral law that reflects the needs of the current times, a former poll commissioner said Monday.

Retired Commission on Elections commissioner Luie Guia said it was time to revisit the "antiquated" 1985 Omnibus Election Code, which he said came even before the 1987 Constitution.

"The Omnibus Election Code is a 1985 vintage. Imagine, you have an election code that even came before the Constitution that it is supposed to implement," he told ANC's "Rundown".

"I would like to emphasize the importance of passing a new election code because you want a code, a legal framework on election that is coherent," he added.

Guia made the remark amid calls to limit the voluntary substitution option for political aspirants and regulate campaigning on social media and online platforms.

On the option of substitution of candidates, he said the "prevailing interpretation" of the provision is "you can do it as many as you can."

Section 77 of the Omnibus Election Code allows a candidate of a registered or accredited party to be substituted in case of death, disqualification, or withdrawal.

"There seem to be something wrong in there because when you talk about substitution, it is merely a privilege given to political parties to have candidates even beyond the deadline of the filing of Certificate of Candidacy," Guia said.

He said the substitute should be a member of the party at the time of the withdrawal of the person to be substituted "and not just someone who just joined the party."

Guia also believed there should be a prohibition for a candidate who filed his or her COC in one party, withdraw it and filed another COC in another party.

"When someone withdraws from his candidacy, it means he's no longer interested in running. And then when he's allowed to file a COC, that would mean circumventing that deadline imposed for the filing of COC, which is different from the deadline of substitution," he said.

'SIDESHOW'

On Saturday, Davao City Mayor Sara Duterte-Carpio filed her candidacy for vice president, substituting Lakas-CMD bet Lyle Uy.

Earlier in the week, she dropped her reelection bid for Davao City mayor and resigned from Hugpong ng Pagbabago, the regional party she founded in 2018. She then joined Lakas-CMD, the political party of ally and former president Gloria Macapagal Arroyo.

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On Saturday, senators Ronald "Bato" Dela Rosa and Christopher "Bong" Go also withdrew their presidential and vice presidential bids, respectively, under PDP-Laban.

Go, President Rodrigo Duterte's longtime aide, proceeded to file his candidacy for president under the party Pederalismo ng Dugong Dakilang Samahan via substitution.

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On Twitter, Guia wrote he was "not as irritated but more amused at what is happening."

"Essentially, our weak or virtually non-existent political party system is the reason why we are “enjoying” the sideshow that we are now being entertained with," he said.

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'NAPAGSASAMANTALAHAN'

Election lawyer Romulo Macalintal also believed the substitution option for candidates was being exploited.

"Masyadong mahaba 'yung panahon na ibinibigay ng Comelec para sa substitution... Kaya 'yang substitution na 'yan ay napagsasamantalahan," he said.

(The time given by Comelec for substitution option is too long... That's why it's being exploited.)

The filing of certificate of candidacy was last Oct. 1 to 8 and political aspirants had until Nov. 15 to withdraw their candidacies or seek another post.

The substitution option should be included in the period of COC filing, he said.

Macalintal also raised question why big political parties had not completed their lineup.

"Napakatagal na ng political parties nila hanggang ngayon hindi pa nila alam sinong tatakbong pangulo at pangalawang pangulo. Anong uri ng mga political parties 'yan?" he said.

(These political parties are established and until now they still don't know who'll run for president and vice president?)

"Pagpapatunay lang na walang kuwenta ngayon ang mga political parties dito sa ating bayan."

(It only shows that political parties in our country are worthless.)

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