I am a head of a Non-Governmental Organization which seeks to help the underprivileged, especially affected children. Even before the pandemic, we have been helping the poor in remote communities that lacked healthcare assistance. Because of this, I am seeking to run for a national public office so I could help provide more support in other projects in healthcare and education. However, when I filed my certificate of candidacy, the Comelec declared me as a nuisance candidate claiming that I was not well-known and lacked resources for a nationwide campaign. Is this legal?
Rico
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Dear Rico,
No, in a democracy, every citizen has a right to run for public office as enshrined in our Constitution. However, this right must be balanced with Comelec’s practical criteria in ensuring free, fair and peaceful elections. What the law prohibits are nuisance candidates who are not serious about running for office and only seek to confuse voters or mock the election process.
To declare someone a nuisance candidate, the Comelec must show evidence to prove that the person does not genuinely or seriously intend to run for public office. However, the ability to fund a nationwide campaign, being a political party member, having nationwide recognition, and the likelihood of success do not alone determine whether a candidate has a genuine intention to run for public office.
In the case of Ollesca v. Commission on Elections, G.R. No. 258449 (2024), the Comelec declared Ollesca a nuisance candidate simply based on general claims that he could not afford a national campaign. The Supreme Court opined that the Comelec unfairly shifted the burden to prove genuine intent to Ollesca and ruled that it was the Comelec’s responsibility to prove its case, which it failed to do.
Thus, to require that you have the financial means to run a national campaign would unfairly add a property requirement that the Constitution prohibits. The SC emphasized that regardless of wealth, everyone has the right to run for office. A candidate cannot be disqualified simply because they are poor.