SC defines what makes a nuisance bet

SC defines what makes a nuisance bet | Daily Tribune

The Supreme Court (SC) has ruled that not having enough money to fund a nationwide campaign does not automatically make one a nuisance candidate.

The SC en banc, in a decision penned by Senior Associate Justice Marvic M.V.F. Leonen dated 30 June 2024 and released on 13 January 2025, set aside the Commission on Elections (Comelec) resolution that canceled Juan Juan Olila Ollesca’s certificate of candidacy (CoC) in the 2022 presidential election.

The Court emphasized that the lack of financial resources, non-membership in a political party, being virtually unknown, and having a low probability of winning do not, in themselves, make one a nuisance candidate.

The SC said a nuisance candidate is one whose candidacy was filed solely to create confusion or mock the election process, showing no genuine intention to run for office.

The SC said that a candidate without the backing of a political party or sufficient finances cannot be lumped together with candidates who are seen to undermine the election process. In a unanimous decision, the Court reiterated that it is crucial to uphold the fundamental democratic principle that every citizen has the right to run for public office.

However, the SC pointed out the practical challenges faced by the Comelec in overseeing free, orderly and credible elections.

The Court acknowledged that the large number of candidates could lead to logistical difficulties, creating an unwieldy ballot and complicating voters’ ability to make informed choices. It stressed that the Comelec must balance streamlining the electoral process while ensuring fair competition and accessibility for all candidates.

The issue arose after the Comelec’s law department, on its own initiative, filed a petition on 21 October 2021 to declare Ollesca a nuisance candidate, citing his limited recognition and lack of resources for a nationwide campaign.

On 13 December 2021, the Comelec’s second division granted the petition, declaring Ollesca a nuisance candidate. The ruling was affirmed by the Comelec en banc on 3 January 2022.

Ollesca then appealed to the SC.

Though the issue had become moot after the 2022 presidential election and the assumption to office by President Ferdinand Marcos Jr., the SC chose to address the legal issues raised by Ollesca.

The Court granted his petition, dismissing the Comelec’s declaration that he was a nuisance candidate.

In its decision, the SC referenced its 1965 ruling that said property qualifications cannot be imposed on electoral candidates.