Dear Atty. Angela,

I am a passionate advocate for the youth and women; and I want genuine change in our municipality. I ran for the position of municipal councilor in 2022 but lost. I once again filed my certificate of candidacy (CoC) in 2025 with the intent to be a municipal councilor candidate but the Commission on Elections (Comelec) moved to declare me as a nuisance candidate citing that I am only a distraction and that in the last elections, I only received very small margin of 256 votes. Is there basis for the cancellation of my certificate of candidacy and does this not amount to unjustified discrimination?

Tony

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Dear Tony,

The Comelec was wrong in their decision to cancel your certificate of candidacy and to declare you as a nuisance candidate.

Under the Omnibus Election Code, the Comelec may cancel a CoC if it was filed to mock the election process, to cause confusion among voters, or without serious intent to run.

In the case of Subair Guinthum Mustapha v. Comelec, G.R. No. 277177 (8 July 2025), the Supreme Court correctly held that there is no direct link between candidates’ seriousness to run for office and their vote count in previous elections.

“A candidate may be very serious in running for office and employs all possible legal means to obtain enough votes to win, but despite his or her seriousness and efforts, he or she may still lose. Conversely, a candidate may not have bona fide intent to run for public office but, because of sheer popularity, political machinery, or for a plethora of possible reasons, he or she manages to win an election.”

The Court warned that if the Comelec could declare someone a nuisance candidate simply because of low votes in past elections or perceived inability to win, it would be exercising a power reserved for voters on election day.

Also, while it recognized the Comelec’s efforts to weed out nuisance candidates, it reminded to exercise caution and avoid using grounds such as lack of financial capacity to mount a campaign or perceived unpopularity.

Atty. Angela Antonio