NUISANCE CANDIDATES

Under Batas Pambansa bilang 221

(Omnibus Election Code)
Sec. 69. Nuisance candidates. The Commission
may motu propio or upon a verified petition of an
interested party, refuse to give due course to or
cancel a certificate of candidacy if it is shown that
said certificate has been filed to put the election
process in mockery or disrepute or to cause confusion
among the voters by the similarity of the names of
the registered candidates or by 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 prevent a faithful determination of the true will
of the electorate.

TOP NUISANCE CANDIDATES

1. Rev. Elly Velez Pamatong
- The COMELEC supposedly erred in disqualifying
him since he is the most qualified among all the
presidential candidates, i.e., he possesses all the
constitutional and legal qualifications for the office
of the president, he is capable of waging a national
campaign since he has numerous national
organizations under his leadership, he also has the
capacity to wage an international campaign since
he has practiced law in other countries, and he has
a platform of government.

2. Salam Emilio Delin Sr. y Lacan Luisong Tagean

He is a self-proclaimedheir to the vaunted
owner of the entire Philippine archipelago. Tagean,
who hails from Naga City said he came out to claim
the Philippines because of its ongoing territorial
dispute with China. When asked how he acquired
the country, Tagean only presented a document
supposedly signed by the Department of Foreign
Affairs. Being the real owner of the Philippines,
he believes hes the only person who can block
attempts by neighboring countries like China to
control disputed territories.

3. Daniel Magtira
He claims to be the spouse of President
Aquinos sister Kris and a rock star who has
joined several talent shows but always failed to
get in. In an interview, however, he clarified
that he is still courting Aquino, whom he said
will help him reach his ultimate ambition: to
be a recording artist. Akoy nakikipag-ugnayan
kay Kris Aquino sa Pilipinas Got Talent,'
Magtira said, referring to the popular talent
search where Aquino is a judge.

4. Eddie Gil's - He claims to be an international

banker having a net worth of billions of dollars. His
platform for presidency promised to make every
Filipino a millionaire within his first 100 days of
being elected. He also promised to pay off the
Philippines' debt, worth trillions of pesos, from his
own pocket.
5. Gregorio "Manok" Samia - from San Fernando
City, Pampanga province. He said he is called
"Manok" because he can mimic a cock's crow. Samia
said he wants to try his luck for the presidency in
2010 after being cheated in the last barangay
elections in their hometown.

6. Elizabeth Capular She is a nurse who

decided to run for senator to push formore health
reforms.Capular told the poll body that she has
many patients particularly in Divisoria who are
supporting her senatorial bid.
7. Victor Lawag This guy promised to save the
country as a self-proclaimed world savior? With
him around, no need for spending lots on the
military or the civil defense, Lawag can
singlehandedly handle it himself.

8. Manuel Espinosa He promises to push for

the construction of Edsalex, the Edsa version
of the South and North Luzon Expressways.
9.Merlito Lagata He is a retired Marine who
appeared at the Comelec office in a barong, but
wearing rubber boots. said that he is the most
qualified senatorial candidate and is even better
than National Hero Jose Rizal. He also criticized
previous Comelec chairmen and commissioners
for rejecting his previous certificates of
candidacy.

10.Catalino Solar Man Dazo He is a man

who claims to be a manufacturer of solar power
technology on Tuesday said he wants to provide
free
electric
power
and
water,
fuel
to
Filipinos.Gusto ko kasing bigyan ng libreng
kuryente ang mga tao. Mahal na kasi kuryente
ngayon, he said in an interview with reporters at
the main office of the Commission on Elections in
Manila. He also said he would be leaving for Las
Vegas and California in the next two months to
campaign.Asked why he wants to stage his
campaign in the US, he said Para malaman ng
mga Pilipino na may pag-asa na ring ang Pilipinas.
Kasi marami na ring Pilipino doon at saka mostly

11.Eric Bernardino
He is a civil engineer who is seeking a
senatorial post in order to push for his
advocacies including reforms in the lotto
system.Id rather, I hope more winners win
the jackpotthe more winners more better,
Bernardino said.
https://mrcheapjustice.wordpress.com/tag/nuisance-candi
dates/

WHO IS A NUISANCE CANDIDATE ?

Any candidate for any elective office who filed his
certificate of candidacy:

To put the election process in mockery or disrepute;

To cause confusion among the voters by the
similarity of the names of the registered candidates;
or

By

other circumstances or acts which clearly

demonstrate that the candidate has no bona fide
intention to run for the office for which the
certificate has been filed.

(e.g. Campaign Capability, Performance, Exposure, Platform, Party

Affiliation, Organization, Profession, Health, Income, Education, Name)

What does NO BONA FIDE INTENTION

constitutes in relation to a National Election?
Candidates who do not belong to or are not
nominated by any registered political party of
national constituency;
Presidential, Vice-Presidential who do not present
running mates for vice-president, respectively, nor
senatorial candidates;
Candidates who do not have a platform of
government and are not capable of waging a
nationwide campaign.
http://www.comelec.gov.ph/?r=Archives/RegularElections/2004NLE/Resolutions/Res6452

WHERE TO FILE ?

Shall

be filed in the place where the

certificate of candidacy subject of the Petition
was filed or at the Office of the Clerk of the
Commission.

WHO SHOULD FILE?

Any

registered candidate for the same

position or by the Commission may, at any time
before the election, motu proprio, declare a
candidate as a nuisance candidate subject to an
opportunity to be heard.

WHEN TO FILE?
Within five (5) days from the last day for the
filing of certificates of candidacy.

If by substitute candidate, filing is within

five (5) days from the time the substitute
candidate filed his certificate of candidacy.

PAMATONG VS COMELEC
GR NO. 161872, APRIL 13, 2004
Prefatory Statement:
On the deadline for the filing of Certificate of
Candidacies (COCs) for the 2010 Elections. a
total of 99 filed their COCs for President. Among
the lesser known presidentiables include
someone called Manok (because apparently he
can mimic a cocks crow), a six-star general, and
a future emperor of the world.

PAMATONG VS COMELEC
GR NO. 161872, APRIL 13, 2004
Facts :
Rev. Elly Velez Pamatong ran for president. COMELEC
denied due course on ground that he is a nuisance candidate:
he cannot wage a nationwide campaign and/or not nominated
by a political party or not supported by a registered by a
political party with a national constituency. Pamatong
contended that his right to equal access to opportunity for
public service was violated.
Issue
Is there a constitutional right to run for or hold public
office?

Held :
No. What is recognized in Section 26, Article II of the
Constitution is merely a privilege subject to limitations imposed
by law. It neither bestows such a right nor elevates the privilege
to the level of an enforceable right. There is nothing in the
plain language of the provision which suggests such a thrust or
justifies an interpretation of the sort.
The rationale behind the prohibition against nuisance
candidates and the disqualification of candidates who have not
evinced a bona fide intention to run for office is easy to divine.
The State has a compelling interest to ensure that its electoral
exercises are rational, objective, and orderly. Towards this end,
the State takes into account the practical considerations in
conducting elections. Inevitably, the greater the number of
candidates, the greater the opportunities for logistical
confusion, not to mention the increased allocation of time and
resources in preparation for the election.

Obiter Dictum:
One of Pamatong's contentions was that he was an
international lawyer and is thus more qualified compared
to the likes of Erap, who was only a high school dropout.
Under the Constitution (Article VII, Section 2), the only
requirements are the following:
(1) natural-born citizen of the Philippines;
(2) registered voter;
(3) able to read and write;
(4) at least forty years of age on the day of the election;
and
(5) resident of the Philippines for at least ten years
immediately preceding such election.

Why Comelec entertains 'habitual' nuisance bets

Excerpts taken from Manila Times
by Paterno Esmaquel II

Due process
Comelec Chair Sixto Brillantes Jr said it's all about
fairness. Filing a certificate of candidacy is a matter
of right. They have the right to file. We cannot
prevent them, Brillantes said in an interview.
He said even habitual nuisance bets deserve due
process, as required by the law.

Privilege, not a right

Nuisance bets abound partly because of the
Constitution's loose requirements for occupying the
Senate.

No person shall be a senator unless he is a naturalborn citizen of the Philippines and, on the day of the
election, is at least 35 years of age, able to read and
write, a registered voter, and a resident of the
Philippines for not less than two years immediately
preceding the day of the election, says Article VI,
Section 3 of the 1987 Constitution.
The Constitution also mandates the state to
guarantee equal access to opportunities for public
service.
http://
www.rappler.com/nation/politics/elections-2013/13741-why-comelec-

In setting limitations, the SC said the state should also take

into account practical considerations. These include the
following:
logistical confusion that could ensue with a greater
number of candidates
increased allocation of time and resources to prepare for
the elections
preparation of ballots
other entitlements for candidates, as provided by law,
such as watchers in every polling place and in the board
of canvassers, as well as the receipt of electoral
contributions
The State has a compelling interest to ensure that its
electoral exercises are rational, objective, and orderly, the
SC said. (Pamatong vs Comelec)

FUNCTIONS OF COMELEC
1. Judicial Functions
2. Ministerial Functions
3. Reportorial Function
4. Recommendatory Functions
5. Other Functions

Ministerial Functions
Is the function to enforce and administer all laws
and regulations relative to the conduct of
elections, plebiscites, initiatives, referendums
and recalls; to deputize, with the concurrence of
the President, law enforcement agencies and
instrumentalities of the Government, including
the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly,
honest, peaceful and credible elections; to
register political parties, organizations, or
coalitions and accredit the citizens' arms of the
Commission.
-

MINISTERIAL DUTY of the

COMELEC to receive
certificate

Under Batas Pambansa bilang 221

(Omnibus Election Code)
Section 76. Ministerial duty of receiving and
acknowledging receipt. - The Commission,
provincial
election
supervisor, election
registrar or officer designated by the
Commission or the board of election
inspectors under the succeeding section shall
have the ministerial duty to receive and
acknowledge receipt of the certificate of
candidacy.

What is the duty of the COMELEC in receiving

Certificate of Candidacy?
When a candidate files his COC, the COMELEC has a
ministerial duty to receive and acknowledge its
receipt pursuant to Section 76, of the Election Code.
The COMELEC may not, by itself, without the proper
proceedings, deny due course to or cancel a COC
filed in due form. (Luna vs. COMELEC, G.R. No.
165983, April 24, 2007)

Luna v COMELEC
G.R. No. 165983, April 24, 2007

Facts :
Joy Chrisma Luna filed her certificate of Candidacy as a
substitute candidate for Hans Roger for the 2004 elections a
vice mayor of Lagayan Abra. However, Tomas Layao together
with several others filed a disqualification petition against her
since she was a registered voter of Banguet and not Lagayan
Abra. Furthermore there can be no valid substitution since
Hans Roger the candidate sought to be substituted was only 20
years old on the day of the election. COMELEC ruled in favor
of the disqualification case. Hence this petition.
Issue
Whether the COMELEC committed grave abuse of
discretion when it ruled that there was no valid substitution
by Luna for Hans Roger.

Held :
When a candidate files his certificate of candidacy, the
COMELEC has a ministerial duty to receive and acknowledge
its receipt.
Since Hans Roger withdrew his certificate of candidacy
and the COMELEC found that Luna complied with all the
procedural requirements for a valid substitution, Luna can
validly substitute for Hans Roger.
There was a valid substitution . The COMELEC may
not, by itself, without the proper proceedings, deny due
course to or cancel a certificate of candidacy filed in due
form. In Sanchez v. Del Rosario, the Court ruled that the
question of eligibility or ineligibility of a candidate for nonage is beyond the usual and proper cognizance of the
COMELEC.

PETITION TO DENY OR
CANCEL CERTIFICATES OF
CANDIDACY

Under Batas Pambansa bilang 221

(Omnibus Election Code)
Section 78. Petition to deny due course to or
cancel a certificate of candidacy. - A verified
petition seeking to deny due course or to
cancel a certificate of candidacy may be filed
by the person exclusively on the ground that
any material representation contained therein
as required under Section 74 hereof is false.
The petition may be filed at any time not later
than twenty-five days from the time of the
filing of the certificate of candidacy and shall
be decided, after due notice and hearing, not
later than fifteen days before the election.

What are the requisites for the grant of a petition

to deny due course to or cancel a certificate of
candidacy?

Material misrepresentation in the qualifications for

elective office, which includes age, residency,
citizenship, and any other legal qualifications
necessary to run for an elective office;

Deliberate attempt to mislead, misinform or hide a

fact which would otherwise render a candidate
ineligible.

Note: These two requirements must concur to warrant

the cancellation of the certificate of candidacy.

Material Misrepresentation

Material misrepresentation in a COC refers to the

qualification for elective office, which includes
false statement as to age, residency, citizenship,
being a registered voter and any other legal
qualifications necessary to run for an elective
office.

Note: A misrepresentation which does not affect

ones qualification to run or hold public office
will not suffice for the cancellation of a COC.

Material Misrepresentation

Actor Daniel Fernando used his screen name in his

certificate of candidacy, instead of his real name
Cezar Ramirez. A petition to cancel his COC was
filed on the ground of material misrepresentation.
Will the suit prosper?

Note: The COMELEC en banc dismissed the

petition ruling that a misrepresentation which
does not affect ones qualification to run or hold
public office will not suffice for the cancellation
of a COC.

May the COMELEC motu proprio deny or

cancel a certificate candidacy?

NO. The Commission may not, by itself, without

the proper proceedings, deny due course to or
cancel a certificate of candidacy filed in due
form. When a candidate files his certificate of
candidacy, the COMELEC has a ministerial duty to
receive and acknowledge its receipt (Sec. 76 of
the OEC).

While the Commission may look into patent

defects in the certificates, it may not go into
matters not appearing on their face. The
question of eligibility or ineligibility of a
candidate is thus beyond its usual motu propio
powers. Nonetheless, Section 78 of the Omnibus
Election Code allows any person to file before
the COMELEC a petition to deny due course to or
cancel a certificate of candidacy on the ground
that any material representation therein is false.
Cipriano v. COMELEC, G.R. No. 158830 (Aug.
10, 2004)

In Sec. 6 of Comelec Resolution no. 6452, the

commission laid down instances when they may go
beyond the face of the certificate of candidacy or
refuse to give due course to or cancel a certificate
of candidacy, these are Motu Proprio Cases
involving :
Candidates who, on the face of their certificate
of candidacy, do not possess the constitutional
and legal qualifications of the office to which
they aspire to be elected.

Grounds for nuisance candidate.