Comelec defends nuisance candidate rulings, says due process upheld

MANILA, Philippines — The Commission on Elections (Comelec) nuisance candidate rulings underwent due process and are not “whimsical or capricious,” its chief, George Erwin Garcia, said on Thursday.

Garcia made this statement after three senatorial hopefuls, declared as nuisance candidates, condemned the poll body for its “indiscriminate” declarations.

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“When we decided, we were fully aware that not every respondent will accept the verdict however it be fair and just,” Garcia told INQUIRER.net in a Viber message.

“But so long as due process was afforded and conclusions were arrived at after weighing the facts and the laws involved,  there is no whimsical or capricious performance of authority,” he added.

Garcia said only 66 out of 183 senatorial aspirants made it to the final list of senatorial candidates in the upcoming midterm polls, with the remaining 117 deemed nuisance candidates.

In line with the Omnibus Election Code, the Comelec declares a political aspirant as a nuisance if they deem that they filed a certificate of candidacy to make a mockery of the elections, cause confusion among voters like having similarity of names, and demonstrate the lack of a bona fide intention to run for office.

However, senatorial aspirants Felipe Montealto Jr., Luther Gascon Meniano, and Rafael Simon Chico said that “it is the Comelec’s repetitive and reckless practice of indiscriminately declaring candidates as nuisances, without due deliberation and careful consideration, that has made a mockery of our election process.”

“Our constitutional rights to due process and equal protection under the law were violated when Comelec unilaterally declared us as nuisance candidates, thereby prematurely determining our eligibility for public office,” they said in a statement on Wednesday.

Garcia said: “We have to exercise jurisdiction consistent with the Constitution, although at times, it pains us that it resulted in the deprivation of a political right. In the end, this is the essence of the rule of law.”