Senate hopefuls slam Comelec ‘indiscriminate’ nuisance bet declaration

Comelec headquarters in Intramuros, Manila. INQUIRER FILES

A joint statement was released by senatorial aspirants Felipe Montealto Jr., Luther Gascon Meniano, and Rafael Simon Chico, who were among the 117 out of 183 bets declared by Comelec as nuisance.

They made their sentiments known as Comelec chairman George Erwin Garcia confirmed on Dec. 13 that only 66 senatorial aspirants made it to the final list of senatorial candidates in the upcoming midterm polls, deeming the rest as nuisance.

READ: Comelec chief votes in favor of nuisance candidate

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 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.

But the three nuisance bets retorted 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 asserted.

They said Comelec’s nuisance candidate declaration “placed us at a disadvantage, tarnished our reputations, and hindered our ability to secure prospective campaign contributions.”

“These severe injustices have caused significant damage to our political endeavors and aspirations,” they said.

INQUIRER.net sought Garcia’s comment.

Montealto, along with 21 other aspirants, filed a motion of reconsideration before the Supreme Court (SC) to seek the reversal of the Comelec’s nuisance candidate declaration through a temporary restraining order (TRO).

However, the SC has not issued any TRO in favor of any nuisance candidate before Comelec’s Dec. 13 deadline.

The high court once ruled in favor of a nuisance candidate.

In 2021, Comelec had denied Norman Marquez’s senatorial bid for being “virtually unknown” and having no political party, but the SC, in its 20-page decision in June 2022, said any Filipino who runs for public office cannot be deemed a “nuisance” and disqualified for lack of fame, money, or party machinery.

Marquez’s matter was already moot back then, but the high court said it found it necessary to resolve the case because “the same situation may recur in future elections.”