As the 20th Congress resumes this month, complaints are growing against the party-list substitution process, which is legal but potentially abused for backdoor entry into the House of Representatives.
The substitution process is permitted under RA 7941, the Party-list System Act, where the next qualified nominee replaces the original winner in case of vacancy, following Commission on Elections (Comelec) verification. The Supreme Court has upheld its legality, noting that voters choose party-lists, not individual nominees, so replacements do not violate the electorate's will.
However, civil society groups and lawmakers call for reforms, arguing that substitutions allow individuals never presented to voters to enter the House, especially when nominees resign immediately after proclamation. For instance, Representative Yedda Romualdez returned to the House via Tingog Party-list after its third, fourth, and fifth nominees resigned simultaneously. Comelec chairperson George Erwin Garcia confirmed this was allowed, as Romualdez was on the party's submitted nominee list.
In contrast, the Supreme Court voided the nomination of Rowena Guanzon for P3PWD party-list, emphasizing that such changes affect voters' right to know candidates' identities for informed choices. Abrupt substitutions undermine sectoral representation and exacerbate elite capture, with the Philippine Center for Investigative Journalism (PCIJ) reporting over 80% of 254 district representatives from political families, and the Philippine Institute for Development Studies (PIDS) noting 78 of 156 certified party-lists also tied to such families.
Proposed reforms include public disclosure of potential substitutes to verify qualifications, requirements for proven advocacy engagement, public hearings for challenges, and restrictions to cases of death or permanent incapacity, as suggested by electoral reform group Kontra Daya. These aim to prevent abuse by 'placeholders' and safeguard the system from dynastic dominance and deceptive practices.
