In the

Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...

, a nuisance candidate is an official term for an aspirant

candidate A candidate, or nominee, is a prospective recipient of an award or honor, or a person seeking or being considered for some kind of position. For example, one can be a candidate for membership in a group (sociology), group or election to an offic ...

for a public office whose certificate of candidacy was not accepted by the

Commission on Elections An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...

(COMELEC) either ''

motu proprio In law, (Latin for 'on his own impulse') describes an official act taken without a formal request from another party. Some jurisdictions use the term for the same concept. In Catholic canon law, it refers to a document issued by the pope on h ...

'' by the election body itself or upon a verified

petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to an officia ...

of an interested party.

Legal definition

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: #putting the election process in mockery or disrepute #causing confusion among voters by the similarity of their name to other 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 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 have no jurisdiction regarding the matter.

Managing candidacies

COMELEC also cannot prevent persons from filing certificates of candidacy even if they were declared a nuisance candidate in the past. 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. 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. The

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

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

''Marquez v. Comelec''

In the case of Norman Marquez, a

Baguio Baguio ( , , ), officially the City of Baguio (; ; ), is a Cities of the Philippines#Legal classification, highly urbanized city in the Cordillera Administrative Region, Philippines. It is known as the "Summer Capital of the Philippines", ...

-based animal welfare advocate who was not allowed by the

to run for senator in the 2019 and 2022 elections, he twice challenged the orders declaring him a nuisance candidate; the

also ruled in his favor. 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 and it cannot combine an individual's intention to run with a financial capacity requirement. 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. On September 10, the court publicized its ruling (dated June 28) partly granting Marquez's petition. 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, which "reduces the electoral process ..to a mere popularity contest." It also stated that the matter "should not be taken against the candidate but is best left to the electorate."

''Ollesca v. Comelec''

In the moot case of Juan Juan Olila Ollesca, a

businessperson A businessperson, also referred to as a businessman or businesswoman, is an individual who has founded, owns, or holds shares in (including as an angel investor) a private-sector company. A businessperson undertakes activities (commercial ...

was not allowed by the

to run for President as an independent

aspirant Aspirant is usually an officer cadet rank used in armies, navies and air forces. In Western Christianity, an aspirant is the first stage in becoming a monastic. Religious use In Western Christianity, the term is also used in reference to rel ...

in the

2022 Philippine presidential election Presidential elections in the Philippines were held on May 9, 2022, as part of the 2022 Philippine general election, 2022 general election. This was the 17th direct presidential election and 15th vice presidential election in the country since 19 ...

for lack of financial capacity. He challenged the order declaring him a nuisance candidate and the

ruled in his favor. The court, in rendering a landmark judgment at a time after 2022 Philippine general election which nullified such declaration, ruled that the Comelec "committed grave abuse of discretion". Citing its 1965 Per curiam decision in the "

social justice Social justice is justice in relation to the distribution of wealth, opportunities, and privileges within a society where individuals' rights are recognized and protected. In Western and Asian cultures, the concept of social justice has of ...

case of ''Maquera v. Borra'', the High Tribunal noted that property qualifications cannot be imposed on electoral candidates.

Notable nuisance candidates

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

For Senator

Successfully challenged petitions

References

External links

122 Phil. 412 (1965) Maquera v. Borra Per Curiam, En Banc
{{Philippine elections Elections in the Philippines Electoral restrictions Elections terminology