No person who has withdrawn his candidacy for a

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No person who has withdrawn his candidacy for a position shall be eligible as substitute candidate for any other position after the deadline for filing of certificates of candidacy. As correctly pointed out by the OSG, it is clear from the foregoing that different deadlines were set to govern the specific circumstances that would necessitate the substitution of a candidate due to death, disqualification or withdrawal. In case of death or disqualification, the substitute had until midday of the election day to file the COC. In case of withdrawal, which is the situation at bench, the substitute should have filed a COC by December 14, 2009. The reason for the distinction can easily be divined. Unlike death or disqualification, withdrawal is voluntary. Generally, a candidate has sufficient time to ponder on his candidacy and to withdraw while the printing has not yet started. If a candidate withdraws after the printing, the name of the substitute candidate can no longer be accommodated in the ballot and a vote for the substitute will just be wasted.
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POLITICAL LAW CASE DIGESTS 101 When Batangas Governor Armando Sanchez died on April 27, 2010, Edna withdrew her candidacy as mayor and substituted her late husband as gubernatorial candidate for the province on April 29, 2010. The party actually had the option to substitute another candidate for Governor aside from Edna. By fielding Edna as their substitute candidate for Governor, the party knew that she had to withdraw her candidacy for Mayor. Considering that the deadline for substitution in case of withdrawal had already lapsed, no person could substitute her as mayoralty candidate. The sudden death of then Governor Armando Sanchez and the substitution by his widow in the gubernatorial race could not justify a belated substitution in the mayoralty race. As far as Maligaya is concerned, the resolution was void as it lacked legal basis as Federico’s subs titution was invalid, his COC having been filed only on May 5, 2010, or after December 14, 2009, the deadline provided for under Section 13 of Comelec Resolution No. 8678. No reason was mentioned in the resolution why his COC was given due course except that the withdrawal "merely caused a vacuum in mayoralty contest." The resolution reads: Mrs. Edna P. Sanchez is qualified to substitute for her deceased husband. And this substitution is not contrary to law or our rules. She is stepping up from her candidacy as Mayor to Governor, and such action merely caused a vacuum in mayoralty contest. The rule being cited by the Law Department that the substitute for a candidate who withdrew may file his certificate of candidacy as herein provided for the office affected not later than December 14, 2009, is far from germane considering that the vacancy arose by reason of the death of Governor Sanchez.
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