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Under section 77 of the Election Code, ["Sec. 77. Candidates in case of death, disqualification or withdrawal. - If after the last day for the filing of certificate 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 his 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 the day of election. If the death, withdrawal, or disqualification should occur between the day before 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 a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the Commission."] there are only three instances in which a candidate may be "substituted" and these are: "death, withdrawal or disqualification" of such candidate. Inasmuch as the Certificate of Candidacy of petitioner's father, Jose "Pempe" Miranda, was merely "cancelled," he could not legally be substituted by reason of the rule on statutory construction, expressio unius est exlusio alterius. " A person without a valid certificate of candidacy cannot be considered a candidate in much the same was any person who has not filed any certificate of candidacy at all cannot, by any stretch of imagination, be a candidate at all." Justice Jose A.R. Melo, G.R. No. 136351, July 28, 1999
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CCHOPE ELECTION
2001 
