‘Nuisance’ bet seeks SC relief

MANILA, Philippines - A leader of a militant group, running for a local position in Caloocan City, is protesting his inclusion in a list of “nuisance” candidates issued by the Commission on Elections (Comelec).

In a phone interview yesterday with The STAR, Bayan Muna-Caloocan chairman Ferdinand Gundayao said he has filed a petition asking the Supreme Court (SC) to intervene and order the inclusion of his name in the ballots.

Gundayao, who is eyeing a seat in the city council, said he is running under the ticket of mayoral bet Councilor Ricojudge Echiverri, a son of outgoing Mayor Enrico Echiverri, who is running as congressman.

Gundayao’s candidacy was endorsed by the progressive Makabayang Koalisyon ng Mamamayan, which also supports the Senate bid of Bayan Muna Rep. Teddy Casiño.

Gundayao said his inclusion in the list was unconstitutional as the local Comelec office did not hold a clarificatory hearing before it recommended the inclusion of his name in the list of nuisance bets.

In Comelec Resolution 9610 promulgated on Jan. 11, 63 local candidates were declared as nuisance bets while another 10 were disqualified as they failed to meet the requirements for running for an elective post.

Gundayao said the poll body’s local office held the hearing only on Jan. 17, a week after the Comelec’s head office issued a resolution naming the nuisance candidates in the local elections.

He said that he was not aware of any reason why his name was included in the list of nuisance bets, adding that he does not know if his inclusion was “intentional or an honest mistake.”

According to Gundayao, they decided to elevate the case to the high court after the Comelec said they would not issue another resolution concerning nuisance candidates. All SC justices will tackle the petition on Tuesday, he said.

Based on the Local Government Code, the Comelec can declare a candidate as a nuisance if his candidacy “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.”

A candidate can also be declared as a nuisance if he or she 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.”