Candidates unlikely to win not nuisance, SC says

THE Supreme Court (SC) en banc has ruled that the Commission on Elections (Comelec) committed grave abuse of discretion when it declared a candidate a nuisance and canceled his certificate of candidacy (CoC) for senator in the May 2025 elections.

In a 39-page decision written by Chief Justice Alexander G. Gesmundo, the SC overturned Comelec’s cancellation of Subair Guinthum Mustapha’s CoC for the 2025 senatorial elections, after he was declared a nuisance over low past votes and limited nationwide support.

Mr. Mustapha, a labor advocate and local leader in Marawi, filed under the Workers and Peasants Party and presented evidence of his legal education, leadership roles, advocacy work, and governance platform to show his genuine intent to run.

The SC clarified that nuisance candidacy rules are meant to prevent farcical filings, but low popularity or minimal prior electoral success alone cannot justify disqualification.

“In a democratic institution such as ours, it is the people who are vested with the sole authority to decide whether a candidate wins or not, and such decision is to be passed upon only during the day of election,” the ruling read.

“The Comelec, therefore, should not deprive the people of a legitimate choice by declaring candidates as nuisance candidates simply because it perceives that said candidates have low chances of winning as purportedly shown by their previous dismal votes.”

While acknowledging Comelec’s role in maintaining credible elections, the high court urged caution, reminding the body not to rely on invalid grounds such as financial capacity or perceived unpopularity.

Senior Associate Justice Marvic M.V.F. Leonen, in a concurring opinion, stressed that nuisance candidate rules are meant to protect voters’ will, and Comelec must clearly demonstrate a lack of serious intent before disqualifying anyone.— Erika Mae P. Sinaking