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SC hit Comelec over exclusion of ’nuisance’ VP bet
By Nidz Godino
“Clearly, being known throughout Philippines and having established network nationwide are not qualifications for vice president…in fact, lack thereof is not even grounds to be declared nuisance candidate in accordance with Omnibus Election Code,” Supreme Court (SC) has reprimanded members of Commission on Elections (Comelec) who did not include vice presidential aspirant on the ballots for May 2022 polls. In a decision dated July 5 but made public on November 22, SC admonished Comelec for not complying with temporary restraining order (TRO) that would have prevented Wilson Amad’s exclusion from official ballots. Amad’s exclusion came after Comelec en banc upheld on January 3, 2022, first division’s finding on December 13, 2021, that he had failed to prove he had bona fide intention to run for vice president and that his popularity in Northern Mindanao, coupled with capitalization of the use of social media, will be enough to launch and sustain nationwide campaign.
SC said 1987 Constitution only prescribes age, citizenship, voting and residence qualifications to be able to run for vice president.
In Amad’s case, there was no evidence to prove his filing of certificate of candidacy was intended to put election process in mockery or to cause confusion among voters, the SC said.
“Moreover, Comelec’s allegation that Amad is only known within Northern Mindanao also does not establish that he has no bona fide intention to run for vice president, thus, it is manifestly clear Comelec committed grave abuse of discretion when, without any factual or legal basis, it denied Amad’s motion for reconsideration, and declared him nuisance candidate” it said.
Comelec knew that Amad had availed himself of remedies before SC to challenge its declaration of him as nuisance candidate as early as January 4, the high court said.
Amad obtained TRO on January 20, but he learned from news reports Comelec had already made public what looked to be ballot face, which did not include his name among list of vice presidential candidates, on January 25.
“Notably, without considering Amad’s statutory right to challenge Comelec dispositions, Comelec proceeded with its pre-election activities, and even commenced printing of serialized ballots without Amad’s name on January 23, 2022, after Court’s issuance of TRO,” it said.
The Court found it proper to cite members of Comelec in contempt for violation of TRO and to impose penalty of severe reprimand.
“On this note, however, Court recognizes composition of Comelec has changed since issuance of TRO and its consequent violation,” the decision read.
“As such, Court clarifies resolution of this case only affects Comelec and its membership, who were the ones directly responsible for TRO’s violation,” it stressed.
According to the SC, Comelec en banc decision was penned by Chairman Sheriff Abas, with Commissioners Rowena Guanzon, Socorro Inting, Marlon Casquejo, Antonio Kho Jr., and Aimee Ferolino concurring.
Abas and Guanzon retired in February, while Kho is now member of the high court. Kho did not participate in the deliberations on Amad’s petition at the SC.
Court called on Comelec to immediately resolve all cases pending before it.
It also urged poll body to publish its schedule of events, including pre-election activities, to inform public or those who seek to challenge Comelec’s rulings.
The Comelec welcomed call by SC to make public its activities and events.
“Makakaasa po ang ating Korte Suprema at ang mamamayang Filipino na tapat at agad na tatalima at susunod ang Comelec sa desisyong ito ng Kataas-taasang Hukuman, pati na ang mga susunod pang desisyon sa iba pang kasong panghalalan,” Comelec spokesman John Rex Laudiangco said in a message to reporters.
