During the past week of filing candidacies for government office, the issue of alleged nuisance candidates has gained attention.
These are candidates who make a mockery of the election process, have confusing names, or are not serious about running, according to the Omnibus Election Code of the Philippines.
But how exactly does the Commission on Elections (COMELEC) declare a candidate as a nuisance?
Declaring a candidate as a nuisance is not just a simple decision by COMELEC.
There are specific criteria that must be followed.
First, if the candidate is not sincere in running and is merely making a joke out of the election or just wants to join without a serious plan.
Second, if the candidate’s name is identical to another candidate’s, which could confuse voters.
Third, if a candidate lacks the capability to campaign or does not have sufficient funds or resources to conduct a campaign.
If a petition is filed with COMELEC to declare a candidate as a nuisance, it is referred to as a Petition to Declare a Nuisance Candidate, as stated in Section 69 of the Omnibus Election Code.
COMELEC will send a notice to the candidate, giving them the opportunity to explain or respond to the petition.
After COMELEC reviews the evidence or proof, they will release a decision.
If proven to be a nuisance candidate, they can declare the candidacy invalid, and the only penalty is disqualification, meaning the candidate can no longer run in the election.
The deadline for COMELEC to declare nuisance candidates is 7 days before the election.
Even if their names are included in the printed ballots, COMELEC will automatically not count any votes they receive.
Therefore, one suggestion from senators and congressmen is to impose a fine of 500,000 pesos, imprisonment for more than six years, and disqualification from holding any government position on nuisance candidates.
**VALERIE ANN DISMAYA
