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Sunday, February 9, 2025

Lack of campaign funds not basis for nuisance bets

Whether or not a candidate has sufficient financial resources to mount a credible campaign should not be a basis to declare him or her as nuisance, the Supreme Court said in a ruling published Monday.

In granting a petition, the SC said the Commission on Elections “cannot conflate financial capacity requirement with the bona fide intention to run for public office.”

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It added that the imposition of having financial capacity to hit the campaign trail “is a property qualification that is prohibited under the Constitution and is likewise not a valid ground to characterize a candidate as a nuisance candidate.”

The ruling, penned by Associate Justice Marvic Leonen, resolved the petition filed by a certain Juan Juan Olila Ollesca, who was declared a nuisance candidate by the Comelec when he ran for president in the 2022 national and local elections.

According to the SC, in determining a candidate’s bona fide intention to run, the Comelec may consider other factors such as political party nomination and public recognition.

It, however, pointed out that the absence of a political party nomination, limited public recognition, or insufficient campaign funds “cannot, on their own, serve as definitive proof of a lack of intent.”

The SC said a nuisance candidate is one whose candidacy was lodged merely to create confusion or whose candidacy mocks or causes disrepute to the election process, hence, there is patently no intention to run for office.”

Comelec, meanwhile, said it will sign an agreement with the National Telecommunications Commission (NTC) to address text spoofing, which can be used against candidates in the May 2025 polls.

Comelec chair George Garcia said the move is meant to prevent individuals from imitating texts or spoofing to attack candidates by posting negative remarks against a political candidate.

He said the Comelec is already coordinating with the NTC.

The campaign period for senatorial candidates and party-list groups is set from February 11 to March 10, while the campaign period for candidates for House of Representatives and parliamentary, provincial, city and municipal elections will be from March 28 to May 10.

Garcia added no election-related violence was recorded on the first day of the election period, but said at least six persons have been arrested for violating the election gun ban.

In related news,the first day of the gun ban for this year’s midterm elections netted 31 violators, the Philippine National Police said.

Of the 31 arrested, 26 were civilians, three security guards, one government worker in the Bangsamoro Autonomous Region in Muslim Mindanao and a member of the Armed Forces of the Philippines with the rank of private first class, who was nabbed in Nueva Ecija.

Editor’s Note: This is an updated article. Originally posted with the headline “Lack of funds not a ground to declare candidate nuisance—Supreme Court.”

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