the Comelec has no discretion to give or not to give due course to COCs. We emphasized that the duty of the Comelec to give due course to COCs filed in due form is ministerial in character, and that while-the Comelec may look into patent defects in the COCs, it may not go into matters not appearing on their face. The question of eligibility or ineligibility of a candidate is thus beyond the usual and proper cognizance of the Comelec.

In Cipriano v. Comelec,20 we ruled that the Comelec has no discretion to give or not to give due course to COCs. We emphasized that the duty of the Comelec to give due course to COCs filed in due form is ministerial in character, and that while-the Comelec may look into patent defects in the COCs, it may not go into matters not appearing on their face. The question of eligibility or ineligibility of a candidate is thus beyond the usual and proper cognizance of the Comelec.

Section 77 of the Omnibus Election Code (B.P. Blg. 881) provides for the procedure of substitution of candidates, to wit:

Sec. 77. Candidates in case of death, disqualification or withdrawal of another. – If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of election day of the election.

If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is candidate or, in case of candidates to be voted for by the entire electorate of the country, with the Commission.

Under the express provision of Sec. 77 of B. P. Blg. 881, not just any person, but only "an official candidate of a registered or accredited political party" may be substituted.21 In the case at bar, Kimberly was an official nominee of the Liberal Party;22 thus, she can be validly substituted.

EN BANC

G.R. No. 205136               December 2, 2014
OLIVIA DA SILVA CERAFICA, Petitioner,
vs.
COMMISSION ON ELECTIONS, Respondent.