Entire electorate of the country with the commission

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entire electorate of the country, with the Commission. Federico posits that he timely filed his COC as it was not later than midday of the day of the election. He argues that the law makes no distinction between the different causes for substitution death, disqualification or withdrawal. Regardless of the cause of substitution, the deadline for the filing of a substitute COC is "not later than mid-day of
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POLITICAL LAW CASE DIGESTS 100 the election." Accordingly, he asserts that he validly substituted Edna having filed his COC and CONA on May 5, 2010 or five (5) days before the elections and having complied with all the procedural requirements for a valid substitution. Federico’s argument is not well-taken. With regard to substitutions, Congress and the Comelec came out with laws and rules addressing anticipated problems in such cases. Thus, under Section 12 of R.A. No. 9006, in order to obviate confusion, the name of the substitute candidate should, as much as possible, bear the same surname as that of the substituted candidate. Section 12 reads: Section 12. Substitution of Candidates. In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. For this purpose, the official ballots shall provide spaces where the voters may write the name of the substitute candidates if they are voting for the latter: Provided, however, That if the substitute candidate of the same family name, this provision shall not apply. [Emphases supplied] Regarding the May 10, 2010 automated elections, the Comelec came out with Resolution No. 8678. On substitution, Section 13 thereof provides: SEC. 13. Substitution of Candidates, in case of death, disqualification or withdrawal of another. - If after the last day for the filing of certificate of candidacy, an official candidate of a registered political party dies, withdraws or is disqualified for any cause, he may be substituted by a candidate belonging to, and nominated by, the same political party. No substitute shall be allowed for any independent candidate. 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. The substitute for a candidate who died or suffered permanent incapacity or disqualified by final judgment, may file his certificate of candidacy up to mid-day of election day. If the death or permanent disability should occur between the day before the election and mid-day of election day, the substitute candidate may file the certificate with any board of election inspectors in the political subdivision where he is a candidate, or in the case of a candidate for President, Vice-President or Senator, with the Law Department of the Commission on Elections in Manila.
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