Comelec updates rules, regulations for party-list polls

MANILA – The Commission on Elections (Comelec) has updated the implementing rules and regulations on the party-list elections next year.

Under Comelec Resolution No. 10690 released on Thursday, party-list groups have been ordered to file before the poll body a complete list of at least five nominees and other required documents in Section 3 of Resolution No. 10690, within the same period designated for the filing of Certificates of Candidacy under the Calendar of Activities for the 2022 national and local elections.

As for the substitution of party-list nominees because of withdrawal, the Comelec has set the deadline on Nov. 15, 2021.

“However, if it’s by reason of death or incapacity, substitution is allowed until mid-day of Election Day,” it said. “If a nominee withdraws his acceptance, he is no longer eligible to be re-nominated by the same party or be nominated by other parties.”

In the case a nominee dies or becomes incapacitated, based on the resolution, notice and proof of his death must be filed with the Comelec within 10 days.

Only in cases of valid withdrawal and substitution, or death or incapacity, may alteration in the order of nominees still be allowed after filing. The name of the substitute-nominee will also be placed last on the list.

Also, parties are now required to publish, at their own expense, their new list of substitute-nominees, and to subsequently submit proof of publication to the Comelec.

“They have five days from the filing of the list of substitute-nominees to cause its publication and three days from publication to submit proof of said publication. No substitution is valid unless these requirements are complied with,” it said.

Petitions to Deny Due Course and/or Cancellation of Nomination of Party-List Nominees must be submitted within 10 days from publication by the Comelec or within 10 days from the submission of proof of publication of substitute-nominees to the Comelec.

Meanwhile, Petitions for Disqualification of Party-List Nominees must be filed not later than the date of proclamation.

“The Commission now has broader powers to disqualify or cancel the Certificate of Nomination and Acceptance (CONA) of a nominee,” it said.

“At any time before proclamation, any nominee who is disqualified, ineligible, or lacks the qualification provided by law, or whose nomination is contrary to law and the rules, may be motu propio disqualified,” the Comelec added.

The deadline for the filing of Petitions for Registration and Manifestation of Intent to Participate in registering party-list groups, organizations, and coalitions is on March 31, 2021.

The same deadline has been fixed for existing party-list groups, organizations, and coalitions to file their Manifestation of Intent to Participate.

The resolution added that Opposition to Petitions for Registration must be filed not later than the date when the case is submitted for resolution, while Petitions to Deny Due Course to a Manifestation of Intent to Participate must be filed within 10 days from its date of publication.