In Wilson Caritero Amad v. Commission on Elections, the Supreme Court addressed the criteria for declaring a candidate a ‘nuisance’ under Philippine election law. While the Court acknowledged that the election had already occurred, rendering the specific issue moot, it used the case to clarify that a candidate’s lack of widespread support or a nationwide political network does not automatically qualify them as a nuisance candidate. The COMELEC was found to have gravely abused its discretion in disqualifying Amad, emphasizing that the constitutional requirements for candidacy focus on basic qualifications like age, citizenship, and residency, not on proving a high likelihood of electoral success. The decision serves as a reminder of the importance of equal opportunity to participate in elections.

Can Lack of Nationwide Support Disqualify a Vice Presidential Hopeful?

Wilson Caritero Amad filed his candidacy for Vice President in the 2022 National and Local Elections. Subsequently, the Commission on Elections (COMELEC) sought to declare Amad a nuisance candidate, arguing that he lacked a genuine intention to run due to his limited support base, absence of a nationwide network, and perceived inability to persuade a substantial number of voters across the country. The COMELEC emphasized that Amad was running as an independent candidate without political party support.

The COMELEC First Division granted the petition, declaring Amad a nuisance candidate and canceling his Certificate of Candidacy (COC). The COMELEC (First Division) argued that a candidate for national office must have organized and established support to be known nationwide, even in remote areas. According to the COMELEC (First Division), Amad’s support was primarily concentrated in Northern Mindanao, insufficient for a national campaign.

Amad filed a Motion for Reconsideration, which the COMELEC En Banc denied, stating it was filed out of time and was defective. The COMELEC (En Banc) claimed the motion was filed past the five-day deadline, was unverified, and lacked proof of payment of the required filing fees. Amad then filed a Petition for Certiorari with the Supreme Court, arguing that the COMELEC committed grave abuse of discretion in declaring his motion defective and in labeling him a nuisance candidate.

The Supreme Court issued a Temporary Restraining Order (TRO) against the COMELEC, preventing them from enforcing the resolutions that declared Amad a nuisance candidate. The COMELEC then manifested that pre-election activities, including ballot printing, had already commenced before the TRO was issued, arguing that the case was moot and academic. The Supreme Court addressed the issue of mootness by citing Marquez v. Commission on Elections, where it was established that the Court may rule on moot issues if the case is capable of repetition, yet evading review. The Court deemed it proper to delve into the merits of the case despite the conclusion of the elections.

The Court found that the COMELEC committed grave abuse of discretion in denying Amad’s motion for reconsideration and declaring him a nuisance candidate. The Court referred to COMELEC Resolution No. 10673, which provides guidelines for electronic filing of pleadings, stating that the date of the email should be considered the date of filing. In this case, Amad filed his motion via email within the prescribed time, and the email was acknowledged by the Office of the Clerk of the COMELEC (OCC). The records also showed that the motion was verified and that Amad submitted proof of payment of the prescribed fees.

Regarding the COMELEC’s ruling that Amad was a nuisance candidate, the Court determined that this was also a grave abuse of discretion. The COMELEC’s grounds for declaring Amad a nuisance candidate were that his support was limited to Northern Mindanao, he lacked an established nationwide network and strong political machinery, and he failed to prove a bona fide intention to run for Vice President or that his popularity in the South, coupled with social media, would be enough to sustain a national campaign. The Court, however, stated that the Constitution only prescribes age, citizenship, voting, and residence qualifications for Vice President.

The Supreme Court referenced Section 69 of the Omnibus Election Code of the Philippines, which specifies the grounds for declaring a candidate a nuisance:

Sec. 69. Nuisance candidates. – The Commission may, motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.

The Court emphasized that there was no evidence that Amad’s filing of his COC was intended to mock the election process or cause confusion among voters. The Court also found that the COMELEC violated the Court’s TRO. Despite knowing that Amad was challenging his being declared as a nuisance candidate, the COMELEC commenced its pre-election activities. The Court also cited the case of Philippine Guardians Brotherhood, Inc. v. Commission on Elections, where the Court cited the COMELEC in contempt for violating the Court’s Status Quo Order.

FAQs

What was the main issue in this case?	The main issue was whether the COMELEC committed grave abuse of discretion in declaring Wilson Caritero Amad a nuisance candidate and denying his motion for reconsideration.
What are the qualifications to run for Vice President in the Philippines?	The Constitution prescribes age, citizenship, voting, and residence qualifications to be able to run for Vice President. These do not include nationwide recognition or established political machinery.
What are the grounds for declaring someone a nuisance candidate?	According to Section 69 of the Omnibus Election Code, a candidate can be declared a nuisance if their COC was filed to mock the election process, cause voter confusion, or if they lack a bona fide intention to run.
What did the Supreme Court rule regarding the COMELEC’s actions?	The Supreme Court ruled that the COMELEC committed grave abuse of discretion in denying Amad’s motion for reconsideration and declaring him a nuisance candidate.
Why did the Supreme Court hear the case even though the election had already passed?	The Court heard the case because the issues were capable of repetition and evaded review, meaning similar issues could arise in future elections.
What is the significance of COMELEC Resolution No. 10673?	COMELEC Resolution No. 10673 provides guidelines for electronic filing of pleadings, stating that the date of the email should be considered the date of filing, which was relevant to determining if Amad’s motion was filed on time.
Did the COMELEC face any consequences for their actions in this case?	Yes, the members of the COMELEC were found guilty of contempt of the Supreme Court for their disobedience to the Court’s Temporary Restraining Order and were reprimanded.
What is the key takeaway from this Supreme Court decision?	The decision clarifies that lack of widespread support or a nationwide political network does not automatically qualify a candidate as a nuisance, emphasizing the importance of equal opportunity in elections.

The Supreme Court’s decision underscores the importance of upholding constitutional rights to participate in elections, even for those without extensive resources or established political networks. The COMELEC must ensure that its actions are aligned with legal standards and do not unduly restrict the right to seek public office. Moving forward, it is also crucial for the COMELEC to resolve cases promptly and to publish its schedule of events, including pre-election activities, to ensure transparency.

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: WILSON CARITERO AMAD, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT., G.R. No. 258448, July 05, 2022