Comelec’s Garcia wants jail time, perpetual disqualification vs. nuisance candidates, backers

Commission on Elections (Comelec) chairperson George Garcia on Monday proposed imprisonment and perpetual disqualification for nuisance candidates and their backers.

During the Senate investigation into the killing of Negros Oriental Governor Roel Degamo, Garcia appealed to the senators to pass a bill which will amend Section 69 of the Omnibus Election Code or the provision of the law against nuisance candidates.

“You may empower the Commission on Elections to resolve this within this [certain] period or again, I would like to reiterate na ‘yung (that) nuisance candidacy should now be considered as a criminal act,” the Comelec chief said.

“In fact, kung made-determine kung sino ang nagpatakbo[if it would be determined who is behind the candidacy], then that person should not only be disqualified, but can perpetually be disqualified to hold public office and may imprisonment po, kahit hanggang three to six years imprisonment or fine na 500,000 or more,” he added.

Senator Ronald “Bato” dela Rosa  said the Senate public order and dangerous drugs will “seriously consider” the proposal.

“Pag balikan natin ‘yung nuisance candidates, para bang ine-expect na ng Filipino people na every time na filing of candidacy, babalik na naman ‘yung mga siraulo na pupunta do’n sa Comelec office at ginagawang circus, ginagawang comedy ‘yung ating politics dito sa Pilipinas. At tuwang-tuwa sila nag-aantay sila ng panahon na ‘yan at magpapansin sila e, pero kung i-criminalize, hindi na siguro magpa-file ‘yan at dapat nga ma-address ‘yan,” said Dela Rosa, who chairs the Senate Committee on Public Order and Dangerous Drugs.

The lawmaker said this problem on nuisance candidates is long overdue but the Comelec cannot prohibit them from running because it is their constitutional right.

Apart from criminalizing nuisance candidacies, Garcia pointed out the need for Comelec’s timely action to prevent the inclusion of nuisance candidates in the official ballots, especially in automated elections which is the system being used in national and local polls.

The Comelec was invited in the hearing on the killing of Degamo as political rivalry in Negros Oriental is being considered as motive behind the governor’s killing.

Earlier, Justice Secretary Jesus Crispin Remulla said suspended Negros Oriental Representative Arnulfo “Arnie” Teves appears to be the main mastermind in the killing of Degamo.

Teves’ brother, Pryde Henry Teves, was proclaimed as the winner of the 2022 gubernatorial race in Negros Oriental.

However, the Comelec later on ruled that Degamo is the official governor after it declared a certain “Ruel Degamo” as a nuisance candidate. This paved the way for the transfer of the votes of Ruel Degamo to the slain governor.

The Comelec's decision was upheld by the Supreme Court.

Teves, who is believed to be in Cambodia, has denied the accusations against him and appealed for fairness. — RSJ, GMA Integrated News