Comelec declares Rizalito David as nuisance candidate

The Commission on Elections (Comelec) on Wednesday declared Rizalito David as a nuisance candidate.

David filed a Certificate of Candidacy for president on October 12 under the Kapitaran Party.

The Comelec Second Division, in a resolution, said that David misrepresented himself.

Comelec 2nd Division declares Rizalito David a nuisance candidate pic.twitter.com/SyhSCEci2p

— Trisha Macas (@trishamacas) December 9, 2015

Kapatiran Party President Norman Cabrera informed Comelec on October 13 that the party is not fielding any candidates for the 2016 elections.

It also said that David's occupation as a broadcaster does not provide a clear proof of his financial capability to run a nationwide campaign.

Appeal

David told GMA News that he will file a motion for reconsideration on the Comelec's decision.

He said that by declaring him as a nuisance candidate, it was clear that the Comelec division did read all of the documents that he submitted along with his COC for the presidency.

David also said that there was no provision in the Constitution or in the Omnibus Election Code that mentions a candidate should have financial capability to launch a nationwide campaign.

Section 69 (nuisance candidates), Article 9 of the Omnibus Election Code says the Comelec may cancel a COC 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."

The election law cited the following as among the qualifications for president and vice-president:

• natural-born citizen of the Philippines
• a registered voter
• able to read and write
• at least 40 years of age on the day of election
• a resident of the Philippines for at least 10 years

David said that the Comelec division also erred when it said he has no bona fide intention to run for president because he spent time to gather all the documentary requirements needed for the filing of his COC.

David is a defeated senatorial aspirant in the 2013 elections.

He filed a disqualification case against Senator Grace Poe at the Senate Electoral Tribunal questioning her citizenship. The SET junked David's petition. —ALG, GMA News