Metro Manila (CNN Philippines, September 10) — The Supreme Court (SC) has ruled that the Commission on Elections (Comelec) should not declare one a nuisance candidate merely due to unpopularity or non-membership in a political party.
The decision stemmed from a petition filed by Norman Marquez, a co-founder of an animal advocacy group and who assailed the Comelec’s move to cancel his certificate of candidacy (COC) for the May senatorial polls as he is “virtually unknown to the entire country” and lacked “the support of a political party.”
The 20-page ruling penned by Justice Amy C. Lazaro-Javier was promulgated on June 28 but was uploaded on the SC website only recently.
While Marquez’ bid for the inclusion of his name in the official ballots was declared moot since the elections have already concluded, the high court said it found it necessary to resolve the matter since the same situation may recur in the future.
In a statement released on Saturday, the Supreme Court said it found that the Comelec “committed several errors,” including shifting the burden on Marquez to prove that he is not a nuisance candidate.
It added the poll body failed to substantiate its claims that the aspirant has no bona fide intention to run.
The court stressed that neither the law nor election rules impose popularity or membership in a political party as a requirement on those who wish to become public officials.
“Declaring one a nuisance candidate simply because he or she is not known to the entire country reduces the electoral process — a sacred instrument of democracy — to a mere popularity contest,” the decision read.
Not the first time
This is not the first time Marquez filed his COC for a national position, got rejected by the Comelec, and challenged the decision before the highest tribunal.
The same thing happened in 2019 when the Supreme Court also ruled in his favor, nullifying Comelec’s decision to declare him a nuisance senatorial candidate. That time, the commission said he lacked proof of financial capacity to wage a nationwide campaign.
In the more recent case, the court pointed out that by regarding Marquez’ lack of political affiliation as inability to conduct a campaign and “equating this to lack of bona fide intention to run,” the Comelec “effectively imposed property qualifications on aspirants” — something the tribunal had already disallowed in the previous case.
The court also said Marquez’ persistence “go through such a rigorous process, not once, but twice,” showed his serious intent to run, among other indicators.
No contempt of court
In January 2022, the Supreme Court granted Marquez’ request for a temporary restraining order (TRO) which would bar the Comelec from implementing its decision to declare him a nuisance candidate. Despite this, the commission proceeded with the printing of the ballots without his name.
The high court, however, decided not to punish the Comelec for contempt. It said that in ignoring the TRO, the poll body only sought to ensure the polls would take place on the day required under the Constitution.
Nevertheless, the SC called on the Comelec to adopt a plan or timeline that would ensure a swift resolution of similar cases, “bearing in mind that Comelec dispositions are subject to review by the Supreme Court which also needs ample time to resolve such cases prior to election day.”
