RULES Withdrawal of Certificates of Candidacy

Withdrawal of Certificates of
Candidacy | Candidacy | ELECTION

LAW
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
XIV. ELECTION LAW
B. Candidacy
6. Withdrawal of Certificates of Candidacy (COC)
The withdrawal of Certificates of Candidacy (COC) is a crucial aspect of Philippine election law.
It involves the voluntary decision of a candidate to remove themselves from the list of official
candidates after the submission of their COC but before the actual election. This process is
governed by the Omnibus Election Code of the Philippines (Batas Pambansa Blg. 881), as well
as relevant jurisprudence and rules issued by the Commission on Elections (COMELEC).
Here is a comprehensive guide to the legal provisions and requirements surrounding the
withdrawal of COCs:
A. GENERAL RULE
Under Section 73 of the Omnibus Election Code, any person who has filed a COC may
voluntarily withdraw their candidacy. This withdrawal must be in writing and should be
submitted to the same office where the COC was originally filed.
The law sets no limitations on the grounds for withdrawal, making it a personal and voluntary act
on the part of the candidate. A candidate does not need to provide any justification for
withdrawing their candidacy.
B. PROCEDURE FOR WITHDRAWAL

1. Filing of the Notice of Withdrawal:
o The withdrawal must be in writing.
o It should be signed by the candidate.
o The written notice must be submitted to the same office of the COMELEC where the
original COC was filed (for local, regional, or national positions).
2. Deadline for Withdrawal:
o Before Final Printing of Ballots: Candidates can withdraw their COC at any time
prior to the final printing of ballots. This deadline is crucial since the COMELEC
needs to finalize the list of candidates that will appear on the official ballot.
o After the Final Printing of Ballots: After the printing of ballots, withdrawal is still
allowed, but the candidate’s name will remain on the ballot. However, a withdrawn
candidate is no longer considered as a candidate for all legal intents and purposes.
3. Effect of Withdrawal:
o Voluntary Withdrawal: Once a COC is withdrawn, the candidate is no longer
eligible to run for the position in the upcoming election, and their candidacy is
effectively cancelled.
o Ineligibility to Run Again for the Same Election: Once a candidate withdraws,
they may no longer refile a COC for the same election. In other words, the
withdrawal is final, and the candidate cannot change their mind and run again after
withdrawing.
4. Substitution by a Party Nominee:
o In the case of political parties, substitution is allowed under specific circumstances.
o Substitution due to Withdrawal: Under Section 77 of the Omnibus Election Code,
if a candidate who is a nominee of a political party withdraws their COC, the party
can substitute the candidate. The substitution must occur before the mid-day of
Election Day, and the substitute must also be a member of the same political party.
 The substitute candidate must file their COC not later than the deadline set
by the COMELEC, typically coinciding with the final date for withdrawal.
 If the withdrawal and substitution occur after the ballots have been printed,
the name of the original candidate will remain on the ballot, but the votes
cast for them will be counted in favor of the substitute.
5. Substitute's COC Filing Requirements:
o The substitute must comply with all the requirements for filing a COC as if they
were originally the candidate.
o The withdrawal of the original candidate and the filing of the substitute's COC
should happen simultaneously, and the substitute's candidacy will only be valid if
the original candidate has formally withdrawn.
C. JURISPRUDENCE ON WITHDRAWAL OF COCS
1. Involuntary Withdrawal and Disqualification: The withdrawal must be voluntary. If the
withdrawal is coerced or influenced by any illegal means, it could be contested. However,
the courts have generally upheld the principle that a valid and written withdrawal serves as
sufficient ground for the candidate to be excluded from the election process.
2. Substitution in Case of Death or Disqualification: Withdrawal is distinct
from substitution in cases of death or disqualification, which has its own rules under
election law. However, if a withdrawal occurs before disqualification or death, the
substitution process is similar.
3. Judicial Recognition: The courts have recognized that once a COC is voluntarily
withdrawn and properly filed, the candidate is deemed no longer a candidate, and their name
cannot be included in the official list of candidates.
D. RELEVANT DEADLINES AND COMELEC RULES
1. COMELEC Resolutions: COMELEC issues specific resolutions governing the deadlines
for withdrawal and substitution of COCs in every election cycle. These resolutions align
with the deadlines for printing of ballots and other preparatory activities for the election.
2. Effect on the Ballots: If a candidate withdraws after the ballots have been printed, their
name will still appear on the ballot, but any votes cast for them will be disregarded unless a
valid substitution has been made.
3. Campaign Period: Withdrawal of the COC automatically terminates the candidate’s rights
to campaign. A withdrawn candidate cannot continue to engage in election activities or be
considered as a legitimate candidate.
E. SPECIAL CASES
1. Nuisance Candidates: If a candidate withdraws and is later declared as a nuisance
candidate by the COMELEC or a court, the withdrawal is still recognized as valid, and the
person is disqualified from running or engaging in any further election activities.
2. Multiple Withdrawals: If a candidate withdraws multiple times (for instance, after refiling
a new COC under a different position), each subsequent withdrawal must follow the same
legal procedures and timelines set by COMELEC.
F. KEY CONSIDERATIONS
1. Political Party Dynamics: Political parties must carefully consider withdrawal and
substitution, as a late withdrawal can affect their ability to present a substitute candidate.
Early coordination with the COMELEC is crucial.
2. Legal Remedies: In some cases, disputes regarding the legitimacy of a withdrawal,
especially in relation to alleged coercion or fraud, can be brought before the COMELEC or
the courts.
3. Withdrawal Impact on Voter Education: Candidates who withdraw after the printing of
ballots may still confuse voters, as their names appear on the ballots but are no longer valid
candidates.
In summary, the withdrawal of a Certificate of Candidacy in the Philippines is a straightforward

but critical legal act with implications for both the individual candidate and the election process
as a whole. Understanding the timelines, procedures, and legal consequences is essential for
ensuring compliance with the law and preserving the integrity of the electoral system.
Bar Syllabus 2025
However, it bears stressing that there can be no substitution for an independent candidate.
Moreover, no person who has withdrawn his candidacy for a position shall be eligible as a
substitute candidate for any other position after the deadline for filing of Certificates of
Candidacy.

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Withdrawal of Certificates of

Candidacy | Candidacy | ELECTION

6. Withdrawal of Certificates of Candidacy (COC)

B. PROCEDURE FOR WITHDRAWAL

In summary, the withdrawal of a Certificate of Candidacy in the Philippines is a straightforward

Bar Syllabus 2025

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