In response to abuses of loopholes in the rules similar to the Duterte Youth party list controversy of 2019, the Commission on Elections has thankfully adopted stricter rules on the nomination, withdrawal and substitution of party-list nominees.
In a resolution, Comelec prohibited the nomination of a losing candidate for any elective office in the elections to a party-list post. It also ruled that an individual may only be nominated in one party-list group.
Furthermore, a nominee who withdraws his acceptance of the nomination shall not be eligible for re-nomination by the same party or nomination by other parties.
A substitution will not be valid unless the party files with a list of its substitute nominees, along with their certificates of nomination and acceptance of the substitute nominees, and an affidavit executed by the secretary-general and the chairperson or president of the party, to prove that the substitute possesses all the qualifications and none of the disqualifications.
In the May 2019 elections, party-list Duterte Youth was embroiled in a controversy after it was able to substitute its nominees at least three times despite going beyond the deadline set by the Comelec.
With the 2022 elections coming up, more loopholes are expected to be exploited by candidates who have been encouraged by the recent precedents where the brazen bending of the rules to the point of breaking has become a common tactic among unscrupulous politicians hungry for power.
The well-intentioned party-list system has become one of the many sneaky avenues for traditional politicos to sneak into or stay in power. The nomination controversy caused by the actions of the Duterte Youth party-list is proof of how vulnerable the system is to exploitation.
The Comelec has a tough job ahead as it works to close loopholes and strengthen rules to encourage a return to fair play in future elections. Tighter rules on the nomination, withdrawal and substitution of party-list nominees is a good start but it is certainly nowhere near the end.*
