Professional Documents
Culture Documents
3. Daniel Magtira
He claims to be the spouse of President
Aquinos sister Kris and a rock star who has
joined several talent shows but always failed to
get in. In an interview, however, he clarified
that he is still courting Aquino, whom he said
will help him reach his ultimate ambition: to
be a recording artist. Akoy nakikipag-ugnayan
kay Kris Aquino sa Pilipinas Got Talent,'
Magtira said, referring to the popular talent
search where Aquino is a judge.
11.Eric Bernardino
He is a civil engineer who is seeking a
senatorial post in order to push for his
advocacies including reforms in the lotto
system.Id rather, I hope more winners win
the jackpotthe more winners more better,
Bernardino said.
https://mrcheapjustice.wordpress.com/tag/nuisance-candi
dates/
By
WHERE TO FILE ?
Shall
Any
WHEN TO FILE?
Within five (5) days from the last day for the
filing of certificates of candidacy.
PAMATONG VS COMELEC
GR NO. 161872, APRIL 13, 2004
Prefatory Statement:
On the deadline for the filing of Certificate of
Candidacies (COCs) for the 2010 Elections. a
total of 99 filed their COCs for President. Among
the lesser known presidentiables include
someone called Manok (because apparently he
can mimic a cocks crow), a six-star general, and
a future emperor of the world.
PAMATONG VS COMELEC
GR NO. 161872, APRIL 13, 2004
Facts :
Rev. Elly Velez Pamatong ran for president. COMELEC
denied due course on ground that he is a nuisance candidate:
he cannot wage a nationwide campaign and/or not nominated
by a political party or not supported by a registered by a
political party with a national constituency. Pamatong
contended that his right to equal access to opportunity for
public service was violated.
Issue
Is there a constitutional right to run for or hold public
office?
Held :
No. What is recognized in Section 26, Article II of the
Constitution is merely a privilege subject to limitations imposed
by law. It neither bestows such a right nor elevates the privilege
to the level of an enforceable right. There is nothing in the
plain language of the provision which suggests such a thrust or
justifies an interpretation of the sort.
The rationale behind the prohibition against nuisance
candidates and the disqualification of candidates who have not
evinced a bona fide intention to run for office is easy to divine.
The State has a compelling interest to ensure that its electoral
exercises are rational, objective, and orderly. Towards this end,
the State takes into account the practical considerations in
conducting elections. Inevitably, the greater the number of
candidates, the greater the opportunities for logistical
confusion, not to mention the increased allocation of time and
resources in preparation for the election.
Obiter Dictum:
One of Pamatong's contentions was that he was an
international lawyer and is thus more qualified compared
to the likes of Erap, who was only a high school dropout.
Under the Constitution (Article VII, Section 2), the only
requirements are the following:
(1) natural-born citizen of the Philippines;
(2) registered voter;
(3) able to read and write;
(4) at least forty years of age on the day of the election;
and
(5) resident of the Philippines for at least ten years
immediately preceding such election.
Due process
Comelec Chair Sixto Brillantes Jr said it's all about
fairness. Filing a certificate of candidacy is a matter
of right. They have the right to file. We cannot
prevent them, Brillantes said in an interview.
He said even habitual nuisance bets deserve due
process, as required by the law.
No person shall be a senator unless he is a naturalborn citizen of the Philippines and, on the day of the
election, is at least 35 years of age, able to read and
write, a registered voter, and a resident of the
Philippines for not less than two years immediately
preceding the day of the election, says Article VI,
Section 3 of the 1987 Constitution.
The Constitution also mandates the state to
guarantee equal access to opportunities for public
service.
http://
www.rappler.com/nation/politics/elections-2013/13741-why-comelec-
FUNCTIONS OF COMELEC
1. Judicial Functions
2. Ministerial Functions
3. Reportorial Function
4. Recommendatory Functions
5. Other Functions
Ministerial Functions
Is the function to enforce and administer all laws
and regulations relative to the conduct of
elections, plebiscites, initiatives, referendums
and recalls; to deputize, with the concurrence of
the President, law enforcement agencies and
instrumentalities of the Government, including
the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly,
honest, peaceful and credible elections; to
register political parties, organizations, or
coalitions and accredit the citizens' arms of the
Commission.
-
Luna v COMELEC
G.R. No. 165983, April 24, 2007
Facts :
Joy Chrisma Luna filed her certificate of Candidacy as a
substitute candidate for Hans Roger for the 2004 elections a
vice mayor of Lagayan Abra. However, Tomas Layao together
with several others filed a disqualification petition against her
since she was a registered voter of Banguet and not Lagayan
Abra. Furthermore there can be no valid substitution since
Hans Roger the candidate sought to be substituted was only 20
years old on the day of the election. COMELEC ruled in favor
of the disqualification case. Hence this petition.
Issue
Whether the COMELEC committed grave abuse of
discretion when it ruled that there was no valid substitution
by Luna for Hans Roger.
Held :
When a candidate files his certificate of candidacy, the
COMELEC has a ministerial duty to receive and acknowledge
its receipt.
Since Hans Roger withdrew his certificate of candidacy
and the COMELEC found that Luna complied with all the
procedural requirements for a valid substitution, Luna can
validly substitute for Hans Roger.
There was a valid substitution . The COMELEC may
not, by itself, without the proper proceedings, deny due
course to or cancel a certificate of candidacy filed in due
form. In Sanchez v. Del Rosario, the Court ruled that the
question of eligibility or ineligibility of a candidate for nonage is beyond the usual and proper cognizance of the
COMELEC.
PETITION TO DENY OR
CANCEL CERTIFICATES OF
CANDIDACY
Material Misrepresentation
Material Misrepresentation