Nuisance candidate

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In the Philippines, a nuisance candidate is an official term for an aspirant candidate for a public office whose certificate of candidacy was not accepted by the Commission on Elections (COMELEC) either motu proprio by the election body itself or upon a verified petition of an interested party.[1]

Legal definition[edit]

Section 69 of the Omnibus Election Code states that a nuisance candidate is someone who has filed a certificate of candidacy with the intention of:[1]

  1. putting the election process in mockery or disrepute
  2. causing confusion among voters by the similarity of their name to other registered candidates
  3. other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and is consequently preventing a faithful determination of the true will of the electorate.

The Law Department of the COMELEC in Manila has the sole authority to declare someone a nuisance candidate. Regional and provincial COMELEC offices has no jurisdiction regarding the matter.[2]

Managing candidacies[edit]

COMELEC also cannot prevent persons from filing certificates of candidacy even if they were declared a nuisance candidate in the past.[3] The election body could also determine those who aspire to run as Independents as nuisance candidates if they could not prove their capacity to independently launch an election campaign.[4] The capability to launch a campaign is not necessarily equate to the financial resources of an aspirant. A candidate may have enough supporters to conduct a campaign.[5] The Supreme Court ruled in Marquez vs. COMELEC that not being financially capable to mount a nationwide campaign is not a reason for the commission to declare someone as a nuisance candidate.[6]

During the 18th Congress, a bill has been proposed imposing a fine on aspirants who were deemed to be nuisance candidates.[7][8]

Marquez v. Comelec[edit]

In the case of Norman Marquez, a Baguio-based animal welfare advocate who was not allowed by the Commission on Elections to run for senator in the 2019 and 2022 elections, he twice challenged the orders declaring him a nuisance candidate;[9] the Supreme Court also ruled in his favor.[10]

The court first issued a landmark ruling at a time after the elections which nullified such declaration; stated that the Comelec "committed grave abuse of discretion" in such declaration[9] and it cannot combine an individual's intention to run with a financial capacity requirement.[10]

In 2022, Marquez raised to the court the same declaration anew by the Comelec which cited grounds, this time for being unknown to the entire country and having no support from any political party.[10] On September 10, the court publicized its ruling (dated June 28) partly granting Marquez's petition.[9] The court stated that unpopularity and not being a member of a political party are insufficient grounds to such declaration in the country's elections,[10] which "reduces the electoral process [...] to a mere popularity contest."[9] It also stated that the matter "should not be taken against the candidate but is best left to the electorate."[9]

Notable nuisance candidates[edit]

The following people who filed certificates of candidacy for a public office at the national level (Senator, Vice President, President) were officially declared as nuisance candidates by COMELEC:

Key
  Put the election process in mockery or disrepute.
  Caused confusion among the voters by the similarity of the names of the registered candidates.
  Other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevents a faithful determination of the true will of the electorate
  No Information


For President[edit]

Name Year of
Elections 		Description Petitioner Ref.
Allan Carreon 2016 Among other nuisance candidates, Allan Carreon received media attention for his claim of being able to talk with extraterrestrial life. [11][better source needed]
Rizalito David 2016 Rizalito David planned to run as president under the Kapatiran Party. However COMELEC ruled him as a nuisance candidate after Kapatiran informed the election body that it is not fielding any candidates for the 2016 national elections. COMELEC also did not find sufficient proof that he is able to finance a national campaign since he listed his occupation as a broadcaster. [12]
Eddie Gil 2004 Eddie Gil is an aspirant president running under his own party Isang Bansa, Isang Diwa for the 2004 elections was declared a nuisance candidate after the COMELEC ruled that he has no intention to run. He promised to make all Filipinos, millionaires and to pay the national debt using his own personal wealth. Comelec cited his non-payment of hotel, transport and food bills during the first week of his campaign, issuance of bouncing cheques and conviction for falsifying public documents. The election body noted the withdrawal of his Senatorial candidates–Rodrigo Brillante, Jose Flores, Crisologo Eddie Ilarde, Pilar Pilapil and Ramon Montaño from his slate and stated that he has shown no proof that he can finance a national campaign on his own. Eddie Villanueva, petitioner and presidential aspirant suspected the camp of then President Gloria Macapagal Arroyo for convincing Gil to run to confuse the public to derail Villanueva's campaign but Arroyo's spokesperson Michael Defensor cited Gil's disqualification to disprove Villanueva's claim. Eddie Villanueva [13][14]
Elly Pamatong 2016 Pamatong said that he was disqualified through the invoking of a repealed provision of the SOCE (statement of contributions and expenses) law. [15]
2004 Was disqualified with 35 others for being deemed incapable of mounting a national campaign. Pamatong disputed this conclusion. [16]
Pascual Racuyal 1986 Disqualified after running in every presidential election since 1935 [17]

For Senator[edit]

Name Year of
Elections 		Description Petitioner Ref.
Theodore Aquino 2007 Representative Benigno Aquino III filed a disqualification petition against his distant cousin on the grounds of being dual citizen. Benigno III Aquino [2]
Joselito Pepito Cayetano 2007 Senator Alan Peter Cayetano who alleges that the camp of then President Gloria Macapagal Arroyo convinced Joselito Cayetano to file for a Senate candidacy in a bid to confuse voters. Alan Peter Cayetano [2][18]
Melchor Chavez 2004 According to Francisco Chavez, Melchor Chavez ran to derail the former's Senatorial bid. Francisco Chavez [19]
Eddie Gil 2001 Gil was declared a nuisance candidate but was later allowed to run. [20][21]

See also[edit]

References[edit]

  1. ^ a b "Omnibus Election Code - Article IX - Eligibility of Candidates and Certificate of Candidacy". COMELEC. Retrieved October 14, 2015.
  2. ^ a b c "Local COMELEC offices can't disqualify, declare nuisance candidates, official says". Philippine Information Agency. October 14, 2015. Retrieved October 14, 2015.
  3. ^ Esmaquel, Paterno II (July 10, 2012). "Why Comelec entertains 'habitual' nuisance bets". Rappler. Retrieved October 14, 2015.
  4. ^ "The anatomy of a nuisance candidate". CNN Philippines. November 4, 2018. Archived from the original on June 20, 2018. Retrieved June 20, 2018.
  5. ^ Panti, Llanesca (October 11, 2021). "Comelec: Lack of money does not make a candidate nuisance". GMA News. Retrieved October 3, 2021.
  6. ^ Jimenez, James (July 30, 2020). "Marquez v. Comelec | James Jimenez". BusinessMirror. Retrieved October 11, 2021.
  7. ^ Bajo, Anna Felicia (March 16, 2021). "House panel OKs bill imposing P100K fine on nuisance candidates". GMA News. Retrieved October 3, 2021.
  8. ^ Cruz, Maricel; Ramos-Araneta, Macon (April 9, 2021). "Law urged on nuisance candidates". Manila Standard. Retrieved October 3, 2021.
  9. ^ a b c d e "Unpopularity not basis to declare candidate nuisance, Supreme Court tells Comelec". ABS-CBN News. September 10, 2022. Retrieved September 12, 2022.
  10. ^ a b c d "SC: Being 'unpopular' not enough to be declared as nuisance candidate". Rappler. September 10, 2022. Retrieved September 12, 2022.
  11. ^ Santos, Jerome Aning, Tina G. "Now come Heneral Luna, Nazi fan and space invader". Retrieved June 20, 2018.{{cite news}}: CS1 maint: multiple names: authors list (link)
  12. ^ Gutierrez, Pia (December 9, 2015). "Comelec declares David a nuisance candidate". ABS-CBN News. Retrieved June 20, 2018.
  13. ^ Marfil, Martin (March 17, 2004). "Gill a nuisance candidate–Comelec". Philippine Daily Inquirer. Retrieved October 14, 2015.
  14. ^ Marfil, Martin (March 17, 2004). "Gill declared a nuisance candidate by COMELEC". Philippine Daily Inquirer. Retrieved October 14, 2015.
  15. ^ Torres-Tupas, Tetch (January 13, 2016). "SC upholds Comelec's disqualification of Pamatong, David". Philippine Daily Inquirer. Retrieved October 3, 2021.
  16. ^ Calica, Aurea (April 25, 2004). "SC remands Pamatong case to Comelec". The Philippine Star. Retrieved October 3, 2021.
  17. ^ Ocampo, Ambeth R. (October 23, 2015). "'President' Pascual Racuyal". Philippine Daily Inquirer. Retrieved February 23, 2020.
  18. ^ Macaraig, Ayee (September 13, 2012). "Alan Peter Cayetano: Everybody's critic". Rappler. Retrieved October 14, 2015.
  19. ^ Tubeza, Philip (April 24, 2004). "Mel Chavez a nuisance bet says Comelec". Philippine Daily Inquirer. Retrieved October 14, 2015.
  20. ^ Marfil, Martin (March 17, 2004). "Gill a nuisance candidate–Comelec". Philippine Daily Inquirer. Retrieved October 14, 2015.
  21. ^ Marfil, Martin (March 17, 2004). "Gill declared a nuisance candidate by COMELEC". Philippine Daily Inquirer. Retrieved October 14, 2015.
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