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]

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]

List[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

Name Running for Year of
Elections
Description Petitioner Ref.
Theodore Aquino Senator 2007 Benigno III Aquino [2]
Allan Carreon President 2016 Among other nuisance candidates, Allan Carreon received media attention for his claim of being able to talk with extraterrestrial life. [5][better source needed]
Melchor Chavez Senator 2004 According to Francisco Chavez, Melchor Chavez ran to derail the former's Senatorial bid. Francisco Chavez [6]
Rizalito David President 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. [7]
Eddie Gil Senator 2001 Gil was declared a nuisance candidate but was later allowed to run. [8][9]
President 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 Montano 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
Joselito Pepito Cayetano Senator 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][10]

See also[edit]

References[edit]

  1. ^ a b "Omnibus Election Code - Article IX - Eligibility of Candidates and Certificate of Candidacy". COMELEC. Retrieved 14 October 2015.
  2. ^ a b c "Local COMELEC offices can't disqualify, declare nuisance candidates, official says". Philippine Information Agency. 14 October 2015. Retrieved 14 October 2015.
  3. ^ Esmaquel, Paterno II (10 July 2012). "Why Comelec entertains 'habitual' nuisance bets". Rappler. Retrieved 14 October 2015.
  4. ^ "The anatomy of a nuisance candidate". CNN Philippines. 4 November 2018. Retrieved 20 June 2018.
  5. ^ Santos, Jerome Aning, Tina G. "Now come Heneral Luna, Nazi fan and space invader". Retrieved 2018-06-20.
  6. ^ Tubeza, Philip (24 April 2004). "Mel Chavez a nuisance bet says Comelec". Philippine Daily Inquirer. Retrieved 14 October 2015.
  7. ^ Gutierrez, Pia (9 December 2015). "Comelec declares David a nuisance candidate". ABS-CBN News. Retrieved 20 June 2018.
  8. ^ Marfil, Martin (17 March 2004). "Gill a nuisance candidate–Comelec". Philippine Daily Inquirer. Retrieved 14 October 2015.
  9. ^ Marfil, Martin (17 March 2004). "Gill declared a nuisance candidate by COMELEC". Philippine Daily Inquirer. Retrieved 14 October 2015.
  10. ^ Macaraig, Ayee (13 September 2012). "Alan Peter Cayetano: Everybody's critic". Rappler. Retrieved 14 October 2015.