Comelec wants nuisance candidacy criminalized

The Commission on Elections (Comelec) on Saturday called for the criminalization of nuisance candidacy as the poll body moves forward with the disposal of 6 million wasted ballots.

Interviewed on Super Radyo dzBB, Comelec chairman George Garcia said that, "nuisance candidacy, dapat gawing criminal 'yan (nuisance candidacy should be criminalized)."

"Kung hindi kulong, dapat patawan ng multa bilang parusa (If not jail time, fines should be imposed as penalty)," the poll body chief said.

The Comelec chairman made the comment following the Supreme Court's decision halting the disqualification of senatorial aspirant Subair Guinthum Mustapha, former Caloocan City Representative Edgar Erice, and other individuals in the May 2025 national and local elections.

The ruling prompted the poll body to suspend the printing official ballots, but not before some 6 million of these were already completed and eventually deemed unusable.

In a press statement Friday, the SC said it has also stopped the Comelec from implementing its decisions against three local bets in the May 12 midterm polls.

READ | Yearender: Comelec gears up for 'super election year' 2025

Garcia said the Omnibus Election Code states that nuisance candidacy is a "legal" and "constitutional" issue.

Based on Comelec Rules of Procedure Part V, Rule 24, any candidate is identified to have no bona fide intention to run for public office if s/he puts the election process in "mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or who by other acts or circumstances."

This may then result in his/her declaration as a nuisance candidate and his/her certificate of candidacy to be denied due course or canceled.

Updating the law

The poll body chief said the Omnibus Election Code should be updated, citing a disconnect to the current situation wherein the elections are automated while the rules governing the polls are still for manual.

"May disconnect na ang batas natin na umiiral, sa ating ipinatutupad na automated election," Garcia said.

(There is a disconnect in our prevailing laws and the automated elections which we implement.)

"Wala ring makakapigil sa SC na mag-issue ng pansamantalang remedyo... Ipinapakita natin ang pag-respeto sa Korte Suprema, sa rule of law," he said.

(No one can stop the SC from issuing a temporary remedy... We respect the Supreme Court and the rule of law.)

The Comelec chief said that the poll body has yet to receive a copy of the SC's temporary restraining orders (TRO) favoring several candidates who were declared nuisance.

"Although wala pa kaming natatanggap na TRO, agad nating ipinahinto ang pag-iimprenta ng balota," Garcia said.

(Although we have yet to receive a TRO, we immediately suspended the printing of ballots.)

"'Yan ay parte ng isang proseso. Hindi natin mapipigilan ang isang hindi pinalad sa Komisyon sa kanyang kaso na pumunta sa SC upang makakuha ng pansamantalang remedyo," he said.

(That is part of a process. We cannot stop someone who was, unfortunately, unable to get a favorable decision with the Commission, prompting him or her to seek temporary redress with the Supreme Court.)

Garcia noted anew the cost of reprinting ballots, with each one costing P22 or about P132 million for the 6 million wasted ballots.

"Ang naka-budget sa balota, sa 71 million [voters] ay P1.6 billion (For 71 million voters, P1.6 billion is budgeted for ballots)," he said.

Last Friday, the Comelec began transporting the wasted ballots to a warehouse in Sta. Rosa City in Laguna for proper disposal.

According to a report by GMA Integrated News’ Sandra Aguinaldo, a portion of these ballots was loaded onto trucks at the National Printing Office (NPO) in Quezon City. Once in Laguna, the ballots will undergo a paper-melting process. — VDV, GMA Integrated News