Nuisance Candidates

"There is a need to limit the number of candidates especially in the case of candidates for national positions because the election process becomes a mockery [if even] those who cannot clearly wage a national campaign are allowed to run. Their names would have to be printed in the Certified List of Candidates, Voters Information Sheet and the official Ballots. These would entail additional costs to the government. For the official ballots in automated counting and canvassing of votes, an additional page would amount to more or less FOUR HUNDRED FIFTY MILLION PESOS (P 450,000,000.00)."

- COMELEC Resolution No. 6558
(2004 Elections)

ARTICLE IX
Constitutional Commissions
C. The Commission on Elections

SEC. 2. (7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidates.

BATAS PAMBANSA BILANG 881
OMNIBUS ELECTION CODE OF THE PHILIPPINES
ARTICLE IX.
ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY

Sec. 69. Nuisance candidates. - The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by 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 prevent a faithful determination of the true will of the electorate.

COMELEC RULES OF PROCEDURE (1993)
Part V - Particular Actions of Proceedings
B. Special Actions
Rule 24 - Proceedings against Nuisance Candidates

Section 1. Grounds. - Any candidate for any elective office who filed his certificate of candidacy to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or who by other acts or circumstances is clearly demonstrated to have no bona fide intention to run for the office for which the certificate of candidacy has been filed, thus preventing a faithful determination of the true will of the electorate, may be declared a nuisance candidate and his certificate of candidacy may be denied due course or may be cancelled.

Sec. 2. Who May File Petition to Declare a Candidate as Nuisance Candidate.- Any registered candidate for the same elective office may file with the Law Department of the Commission a petition to declare a candidate as a nuisance candidate. The Commission may, at any time before the election, motu proprio refuse to give due course to or cancel a Certificate of Candidacy of any candidate on any of the grounds enumerated under Section 1 of this Rule or when the substitute Certificate of Candidacy is not a proper case of substitution under Section 77 of the Omnibus Election Code.

Sec. 3. Period to File the Petition. - The petition shall be filed personally or through an authorized representative, within five (5) days from the last day for the filing of certificates of candidacy.

Sec. 4. Summary Proceeding. - The petition shall be heard summarily after due notice.

Sec. 5. Delegation of Reception of Evidence. - The hearing and reception of evidence may be delegated in like manner as provided in Sec. 4 of the preceding Rule.