Comelec en banc denies MR on junked bid to declare Bongbong a nuisance candidate

The Commission on Elections (Comelec) has denied the motion appealing the junking of the petition to declare Ferdinand "Bongbong" Marcos Jr. as a nuisance candidate in the 2022 presidential election.

In a resolution, the poll body said the petitioner, Danilo Lihayhay, has failed to raise new arguments in his appeal and his motion for reconsideration contains "merely a rehash of Petitioner's averments and arguments."

"WHEREFORE, in view of the foregoing, the Commission (en banc) DENIES Respondent's Motion for Reconsideration dated 22 December 2021 and AFFIRMS the Resolution of the Commission (Second Division) promulgated on 16 December 2021," the resolution released on Thursday read.

The en banc cited Section 1, Rule 19 of the Comelec Rules of Procedure which states that "[a] motion for reconsideration may be filed on the grounds that the evidence is insufficient to justify the decision, order or ruling; or that the said decision, order or ruling is contrary to the law."

"It is apparent on the face of the Motion that there is no cogent reason to disturb the findings of the Commission (Second Division)," the resolution read.

The Comelec en banc has promulgated the decision on May 11. It was signed by Comelec Chairman Saidamen Pangarungan, Commissioners Socorro Inting, Marlon Casquejo, Aimee Ferolino, Rey Bulay and Aimee Torrefranca-Neri.

Commissioner George Erwin Garcia inhibited from the case since Marcos — the frontrunner in the presidential race based on partial, unofficial tally as of Thursday morning — was his former client when he was an election lawyer.

The petition was filed by Lihaylihay before the former Comelec Second Division on October 12, 2021. The Comelec, through its former Second Division, junked the petition on December 16, 2021.

The former Second Division ruled that Marcos' candidacy did not fall under any of the three broad categories of nuisance candidates, i.e., one who has a filed a candidacy to throw the election process in mockery of disrepute, or to cause confusion among voters by the similarity of names, or that there are acts or circumstances which clearly demonstrate the lack of a bona fide intention to run for office.  —KBK, GMA News