Supreme Court: Low votes not enough basis to tag candidate as nuisance

The Supreme Court (SC) has ruled that a candidate's low vote count in previous elections is not enough to automatically declare them as nuisance candidates.

In a 39-page decision, the SC En Banc annulled and set aside a ruling of the Commission on Elections (Comelec) that cancelled the certificate of candidacy (COC) of Subair Guinthum Mustapha in the 2025 senatorial elections.

Comelec previously ruled that he was a nuisance candidate as he received only 2% of the total votes as representative of Lanao del Sur in 2022.

"We hope that the Comelec, in the execution of its mandate, will be able to adopt or propose measures for such candidates to instead evolve from and overcome his or her perceived incapabilities and disadvantages," the SC said.

"The promotion of a robust right to candidacy will not only give all candidates the real opportunity to prove their promise, but more importantly, ensure that the electorate has enhanced freedom and informed choice of their potential representative," it added.

The SC said that though the May 2025 elections has rendered the petition moot, it still decided the case as the issue could rise again in future elections.

In its ruling, the SC said there was not always a direct link between a candidate's seriousness to run and the votes they garnered during a previous election.

Further, the Court found that if the Comelec is allowed to declare a candidate as nuisance due to low votes, the poll body will be "virtually exercising that which is exclusively reserved to the voters."

"In a democratic institution such as ours, it is the people who are vested with the sole authority to decide whether a candidate wins or not, and such decision is to be passed upon only during the day of election," it said.

The SC reminded the poll body to exercise caution and avoid using grounds that were already ruled as invalid by the court in declaring nuisance candidates such as lack of financial capacity or perceived unpopularity. — VDV, GMA Integrated News