CERTIFICATE OF CANDIDACY,

WITHDRAWAL AND
SUBSTITUTION

By: Pearl Labitad LLB-2

• Sec. 73. Certificate of candidacy. Of the Omnibus Election
Code provides that “No person shall be eligible for any
elective public office unless he files a sworn certificate of
candidacy within the period fixed herein.”

• A person who has filed a certificate of candidacy may, prior to

the election, withdraw the same by submitting to the office
concerned a written declaration under oath.
• No person shall be eligible for more than one office to be filled
in the same election, and if he files his certificate of candidacy
for more than one office, he shall not be eligible for any of
them.

• However, before the expiration of the period for the filing of

certificates of candidacy, the person who was filed more than
one certificate of candidacy may declare under oath the office
for which he desires to be eligible and cancel the certificate of
candidacy for the other office or offices.
• The filing or withdrawal of a certificate of candidacy shall not
affect whatever civil, criminal or administrative liabilities
which a candidate may have incurred.
• In the case of Lambanao v. terro,

“It has been held that even if the certificate of candidacy has not
been duly signed and does not contain the required data, the
election of the candidate as a winner may not be qualified on
such ground. The signing and swearing on such information is
mandatory under the provisions of the law but has directory
effect only after elections”.
• In the case of Guzman v. Board of Canvassers,
“the Court held that the will of the people cannot be frustrated
by technicality that the certificate of candidacy had not been
properly sworn to. “This irregularity might have justified the
elimination of the name of Juan T. Lucero as a legal candidate
for the office of provincial governor, if an objection on the part
of the petitioner Tomas de Guzman had been made in due time.
• The law does not prohibit a candidate to withdraw from his
candidacy before election,but the law provides certain
procedures to comply for a vaild withdrawal to such
candidacy.
• A withdrawal of candidacy which is not under oath is not valid
withdrawal and has no legal effect as a general rule.
• In the case of Villanueva vs. Comelec . The court provides an
exception to the general rule when the withdrawal which is
not under oath was accepted by by the election registrar, as a
result, the substituted candidate files a certificate of candidacy
in the former’s place and receives the winning number of
votes. The will of the electorate must not be frustrated.
Illustrative cases: