Punto De Vista | Paghahain ng certificate of candidacy para sa mga gustong kumandidato sa #HatolNgBayan2025

  • 2 days ago
Punto De Vista | Paghahain ng certificate of candidacy para sa mga gustong kumandidato sa #HatolNgBayan2025;

Nuisance candidates: Sino nga ba sila, at ano ang sinasabi ng batas tungkol sa kanila?

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Transcript
00:00The issuance of the Certificate of Candidacy for those who want to be candidates for the 2025 National Elections is now in full swing.
00:08And in this occasion, it is inevitable that there will be those who will file for candidacy, the so-called nuisance candidates.
00:15Who are they and what does the law say about them?
00:19That is what Professor Antonio Contreras will point out in Punto de Vista, Professor.
00:24Thank you very much, Dayan, and good morning.
00:32As stated in Section 69 of the Omnibus Election Code or Patas Pambansa 881,
00:39the nuisance candidates are the ones who file for COC that is not serious in their activities.
00:46In fact, their aim is to confuse people, or if not confuse,
00:51because they can file deliberately with the same last name of a candidate and the voters will be confused.
00:59They can also just want to make fun of the process that is important to democracy.
01:05That is why the COMELEC, MOTO PROPRIO on its own, or a candidate can file a petition to disqualify,
01:14can rule that this is a nuisance candidate.
01:17It is clear here that the main basis here is that he has a plan to confuse,
01:24he has no intention to be serious, he just wants to make fun of the election.
01:30It does not matter here that if you have no money because the Supreme Court has already ruled
01:35that the lack of money for expenses is not a sufficient reason to declare a nuisance candidate.
01:43As early as 1965, when the Supreme Court nullified the law RA4421,
01:49that before you can be a candidate, you need to pay a bond, that is unconstitutional.
01:55It is also not a reason to declare a nuisance candidate if you have no popularity.
02:00Because the Supreme Court said in 2022, in the case of Marquez v. the COMELEC,
02:08the popularity basis cannot be used because it means that we are just doing a popularity contest for the election,
02:17which should not be done.
02:18And it cannot be used as a basis that because there is no party or support from an established political party,
02:26this is a nuisance candidate.
02:29We repeat, it is not based on being a nuisance candidate if you are poor, or you have no party, or you do not know each other.
02:39The main basis here should be that your intention is to confuse the public,
02:44to make fun of the election, to make fun of it, to confuse and confuse the voters.
02:53For example, there is a popular candidate, Antonio P. Contreras.
02:56I, Antonio P. Contreras, filed my candidacy.
03:00We are just different from the initial media.
03:03Then the people are confused, right?
03:05So the Supreme Court established the COMELEC to be careful in making decisions.
03:11It should be a case-to-case basis.
03:12And the presumption is always that a person's candidacy has a regularity.
03:19Anyone who wants to disqualify a candidate because he is a nuisance candidate,
03:25or even the COMELEC, if the case is motu proprio,
03:29that no one filed, but they themselves, their legal department, filed the case,
03:34they should have a burden of proof to prove that this person,
03:38according to his motives, when he filed his certificate of candidacy,
03:45he is a nuisance.
03:46They are the ones who have a burden of proof.
03:48They are the ones who need to prove that this person is just a nuisance.
03:53Because according to the Supreme Court,
03:55the most important procedure in a democracy is the election.
04:02This cannot be fooled.
04:05But we cannot just throw out people who are qualified to be candidates.
04:13This is a serious decision.
04:15That is my point of view this morning.
04:19Go back to your studio.
04:21Thank you very much.

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