The Supreme Court ruled that the Commission on Elections (COMELEC) cannot disqualify candidates based solely on their perceived lack of popularity or financial capacity, as it infringes upon the right to run for public office and the electorate’s right to choose. The Court emphasized that COMELEC must not conflate a candidate’s bona fide intention to run with their financial capacity or popularity, as this imposes unconstitutional property qualifications. The decision underscores the importance of safeguarding the electoral process against arbitrary measures that limit participation and undermine the principles of a republican system.

Can COMELEC Bar a Candidate for Being ‘Virtually Unknown’?

Norman Cordero Marquez, an animal welfare advocate, sought to run for Senator in the 2022 National and Local Elections. The COMELEC, however, declared him a nuisance candidate, citing that he was ‘virtually unknown’ and lacked the backing of a political party. This decision led Marquez to file a Petition for Certiorari, arguing that the COMELEC gravely abused its discretion by imposing unwarranted restrictions on his right to run for public office. The Supreme Court had to decide whether the COMELEC’s actions were justified or whether they infringed upon Marquez’s constitutional rights and the broader principles of democratic participation.

The Supreme Court, in its decision, underscored the significance of protecting the right to run for public office. It stated that while the petition had become moot due to the conclusion of the 2022 elections, the issues raised were capable of repetition, yet evading review, thus warranting a decision. The Court referenced its previous ruling in Marquez v. COMELEC, G.R. No. 244274, where it held that COMELEC cannot impose property qualifications for candidacy. Building on this principle, the Court emphasized that COMELEC’s actions in the present case indirectly imposed similar unconstitutional restrictions.

The Supreme Court analyzed the COMELEC’s grounds for disqualifying Marquez. The COMELEC argued that Marquez was ‘virtually not known to the entire country’ and lacked a political party to make himself known. However, the Court found these reasons closely intertwined with the prohibited ground of lacking financial capacity to wage a nationwide campaign. The Court noted that the COMELEC was essentially faulting Marquez for not being able to ‘make himself known to the entire country,’ which requires significant financial resources. The Court cited Section 79(b) of the Omnibus Election Code which defines the scope of what activities an election campaign refers to:

(1) Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate;

(2) Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

(3) Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office;

(4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or

(5) Directly or indirectly soliciting votes, pledges or support for or against a candidate.

The court asserted that the COMELEC unfairly shifted the burden of proof to Marquez. Citing the principle that ‘he who alleges must prove,’ the Court stated that it was the COMELEC’s responsibility to provide substantial evidence to support its claim that Marquez was a nuisance candidate. It also stated that the COMELEC relied on bare allegations and failed to provide evidence that Marquez lacked bona fide intent to run. The Court stated that ‘bona fide intent is present when a candidate is able to demonstrate that he or she is serious in running for office.’ The Court pointed to several circumstances that supported the fact that Marquez did have bona fide intent:

• He filed a sworn COC for Senator
• He had previously contested a similar disqualification before the Supreme Court.
• He crafted a Program of Governance

The COMELEC also considered Marquez’s non-membership in a political party as proof of his lack of bona fide intent, to which the Court refuted that neither the law nor the rules impose such requirement on persons intending to run for public office. Declaring one a nuisance candidate simply because he or she is not known to the entire country reduces the electoral process to a mere popularity contest. The Court referenced Marquez v. COMELEC where it stated, ‘Any measure designed to accomplish the said objective should, however, not be arbitrary and oppressive and should not contravene the Republican system ordained in our Constitution.’ It emphasized that the COMELEC must be circumspect in pursuing its mandate.

Regarding the COMELEC’s alleged contempt of court, the Supreme Court acknowledged that while the COMELEC proceeded with election preparations despite the issuance of a Temporary Restraining Order (TRO), it was not impelled by a desire to disrespect the authority of the Court. Instead, it sought to ensure that the elections would take place as scheduled. The Court deferred to the wisdom of the COMELEC, the Constitutional body charged with the power of enforcement and administration of all laws and regulations relative to the conduct of an election.

Ultimately, the Supreme Court PARTLY GRANTED the petition, nullifying the COMELEC’s resolutions that declared Marquez a nuisance candidate. While the Court recognized the mootness of Marquez’s prayer for inclusion in the 2022 ballot, it emphasized the importance of addressing the COMELEC’s improper disqualification to prevent similar injustices in the future. The Court stated that there was no cogent reason for the COMELEC to deny Marquez the opportunity to run for Senator. He has exhibited his steadfast desire and bona fide intent to run as Senator since 2019, when he first fought for his candidacy before this Court.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC gravely abused its discretion in declaring Norman Cordero Marquez a nuisance candidate based on his perceived lack of popularity and political affiliation, thus infringing on his right to run for public office.
Can COMELEC disqualify a candidate for being ‘virtually unknown’?	No, the Supreme Court held that COMELEC cannot disqualify a candidate solely based on being ‘virtually unknown.’ This criterion is not among the grounds for declaring a candidate a nuisance under Section 69 of the Omnibus Election Code.
What constitutes a ‘nuisance candidate’ under the law?	A nuisance candidate is someone who files a certificate of candidacy to put the election process in mockery or disrepute, or to cause confusion among voters by using the name, slogan, or image of a registered political party or another candidate.
Who has the burden of proof in nuisance candidate cases?	The COMELEC Law Department bears the burden of proving that a candidate is a nuisance, not the other way around. The COMELEC must present substantial evidence to support its claims.
Does lack of financial capacity justify disqualification?	No, lack of financial capacity to wage a nationwide campaign cannot be the sole reason to declare a candidate a nuisance. The Supreme Court has ruled against conflating bona fide intention to run with financial capacity.
Is membership in a political party required to run for office?	No, the law does not require candidates to be members of a political party. Non-membership should not prejudice a candidate’s right to run for public office.
What is bona fide intent to run for office?	Bona fide intent exists when a candidate demonstrates seriousness in running for office, such as filing a COC, consistently asserting their right to be voted for, and taking actions to protect their candidacy.
What was the outcome of the case?	The Supreme Court partly granted the petition, nullifying the COMELEC’s resolutions declaring Marquez a nuisance candidate. However, the prayer for inclusion in the 2022 ballot was declared moot.
What is the significance of this ruling?	This ruling reinforces the protection of electoral rights and prevents the COMELEC from imposing arbitrary restrictions on candidates based on perceived popularity or financial status, safeguarding the democratic process.

The Supreme Court’s decision serves as a reminder to the COMELEC to exercise caution and impartiality in evaluating candidates, ensuring that the electoral process remains fair, accessible, and aligned with constitutional principles. This case also serves as a cautionary tale for election commissions nationwide to ensure promptness and timeliness when resolving cases.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: NORMAN CORDERO MARQUEZ v. COMMISSION ON ELECTIONS, G.R. No. 258435, June 28, 2022