THE Commission on Elections (Comelec) yesterday expressed support to the decision of the Supreme Court saying unpopular and unaffiliated political aspirants cannot be considered nuisance candidates.
“I agree with the decision of the SC that popularity is not and should not be a basis to disqualify a candidate,” said Comelec Chairman George Garcia on the SC ruling on the petition filed by Norman Cordero Marquez.
“Otherwise, it is like saying an election is a popularity contest, wherein only the popular ones have the right to run for an elective post,” Garcia added.
Garcia said as an election lawyer, he has filed petitions before the SC questioning Section 69 of the Omnibus Election Code, which he said “restricts the right of the people to equal opportunity for public service.”
In a recent 20-page decision, the High Court ruled that unpopularity and non-membership in a political party are not sufficient grounds to declare one a nuisance candidate.
To recall, Marquez was declared by the Comelec a nuisance candidate and canceled his certificate of candidacy (COC) for as senator for the May 9, 2022 national and local elections.
Garcia, however, said the ruling may cause practical problems for the Comelec in the next elections.
“This may result in a very long ballot because we cannot disqualify those filing COCs for certain reasons,” said Garcia.
But the problem may be avoided if lawmakers will pass a law that will clearly define who can be considered nuisance candidates.
“Let us redefine nuisance candidacy based on existing SC decisions and to the modern times,” he said.
Garcia said the Comelec would be willing to help lawmakers draft a proposed measure redefining nuisance candidacies.
