ET) UC~TI @N AND IHFCI~~MATGIJ DEPflgT Ft l =r ~

R E C E I V E D
BY:
Republic of the Philippines ~ T F
(LCornrnis's'ion on @lectiong
Manila
EN BANC
2
* *
IN THE MAnER OF THE BRILLANTES, SIFT0 S. JR. Chairma 4
CERTIFICATES OF CANDIDACY FOR
SARM'ENTo9 RENE ".
Commissroner
TAGLE, LUCENITO N.
SENATORS IN THE MAY 13, 2013
VELASCO, ARMANDO C.
AUTOMATED SYNCHRONIZED YUSOPH, ELIAS R.
NATIONAL, LOCAL and ARMM LIM, CHRISTIAN ROBERT S. Com
REGIONAL ELECTIONS.
PADACA, MA. GRACIA ClELO M. Com
x - - - - - - - - - - - - - - - - - - - - - - - - - - -
x Promulgated on:
October 30, 2012 '
RESOLUTION NO., 9
34
Under consideration of the Commission en banc is the legitimacy
and the sufficiency of the certificates of candidacy (COC) of the persons
who intend to run for the position of Senator in the May 13, 2013
Automated Synchronized National, Local and ARMM Regional Elections
and who were called for hearing last October 18 and 19, 2012.
The power of the Commission to refuse, to give due course to or to
cancel motu proprio, a certificate of candidacy is founded in Our general
power under Article IX-C of the 1987 Constitution to enforce and
administer election laws, as follows:
"Section 2. The Commission on Elections shall exercise the
following powers and functions:
1.. Enforce and administer all laws and regulations relative
to the conduct of an election, plebiscite, initiative, referendum, and
recall."
The pertinent law in this case is Section 69 of Batas Pambansa Blg.
881 or the Omnibus Election Code, which provides:
"Sec. 69. Nuisance candidates. -
or upon a verified petition of an interested party, refuse t o ai va
r r f a ' a i f it is shown that
said certificate has been filed to put the eleciion process in mockery or
disrepute or to cause confusion among the voters by the similarity of the
names of the registered candidates or by other circumstances or acts
which clearly demonstrate that the candidate has no bona fide intention
to'run for the office for which the certificate of candidacy has been filed
and thus prevent a faithful determination of the true will of the
Implementing the above provision, the Commission promulgated
Resolution No. 9523 on September 25, 2012, which states:
"Rule 24 - Proceedings Against Nuisance Candidates
Section 1. Grounds. - Any candidate for any elective office who
filed his certificate of candidacy to put 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
,r'
circumstances is clearly demonstrated to have no bona fide intention to
run for the office for which the certificate of candidacy has been filed,
thus preventing a faithful determination of the true w!ll of the electorate,
jnav be declared a nuisance m t e . and h ~ s cert
. .
i f b t e of
~ n d ~ d a c v mav be denled due course or mav be cancelled,
Section 2. Who May File Petition to Declare a Candidate as
Nuisance Candidate. - Any registered candidate for the same position
may file a verified Petition to declare a candidate as a nuisance
I
candidate.
Section 3. Period to File the Petition. - The Petition shall be
filed personally or through an authorized representative, within five (5)
days from the last day for the filing of certificates of caqdidacy. In case of
a substitute candidate, the Petition must be fi~eb within five (5) days from
the time the substitute candidate filed his certificate .of candidacy.
. -
Section 4. Motu Proprio Cases. - The C~mr mss~on rnav.
. .
e before the el ect i on. t u aroprio. declare a c w d a t e as q
~ui sance candidate subiect t o an o ~~o r t u n i t v to be heard,
In Pamatong vs. COMELEC, the Supreme Court in explaining
Section 69 of Omnibus Election Code in relation to the Constitutional
provision on equal access to opportunities to public office, held as follows:
"As earlier noted, the piivilege of equal access to opportunities to
public office may be subjected to limitations. Some valid limitations
specifically on the privilege to seek elective office are found in the
provisions of the Omnibus Election Code on "Nuisance Candidates" and
COMELEC Resolution No. 6452 dated December. 10, 2002 outlining the
instances wherein the COMELEC may rnotu proprio refuse to give due
course to or cancel a Certificate of Candidacy.
The rationale behind the prohibition against nuisance candidates
and the disqualification of candidates who have not evinced a bona fide
intention to run for office is easy to divine. The State has a compelling
interest to ensure that its electoral exercises are rational, objective, and
orderly. Towards this end, the State takes into account the practical
considerations in conducting elections. Inevitably, the greater the number
of candidates, the greater the opportunities for logistical confusion, not to
mention the increased allocation of time and resources in preparation for
the election. These practical difficulties should, of course, never exempt
the State from the conduct of a mandated electoral exercise. At the same
time, remedial actions should be available to alleviate these logistical
hardships, whenever necessary and proper. Ultimately, a disorderly
election is not merely a textbook example of inefficiency, but a rot that
erodes faith in our democratic institutions.
Given these considerations, the ignominious nature of a
nuisance candidacy becomes even more galling. The organization of an
election with bona fide candidates standing is onerous enough. To add
into the mix candidates with no serious intentions or capabilities to run a
viable campaign would actually impair the electoral process. This is not
to mention the candidacies which are palpably ridiculous so as to
4
constitute a one-note joke. The poll body would be bogged by irrelevant
minutiae covering every step of the electoral process, most probably
posed at the instance of these nuisance candidates. It would be a
senseless sacrifice on the part of the State.
XXX XXX XXX . - -
3
There is a need to limit the number of candidates especially in
the case of candidates for national positions because the election
process becomes a mockery even if those who cannot clearly wage a
national campaign are allowed to run. Their names+ would have to be
printed in the Certified List of Candidates, Voters Information Sheet and
the Official Ballots. These would entail additional costs to the
government."
With the same wisdom and invoking our motu propio power to
refuse to give due course to or cancel a certificate of candidacy of
nuisance candidates, we called 57 prospective candidates for a hearing
last October 18 and 19, 2012 on the basis of the study and
recommendation dated October 8, 2012 sf this' Commission's Law
Department.
. -
After due deliberation and hearing, we resolved TO REFUSE TO
GIVE DUE COURSE TO and CANCEL THE CERTIFICATES OF
CANDIDACY of the following who failed to attend the October 18 and 19,
2012 hearings despite due notice and for failing to justify the legitimacy of
their certificates of candidacy:
1. Bantolo, Rosario S.
2. Cailing, Patrocino A.
3. Dazo, Catalino A.
4. Handurnon, Benjamin S Jr.
5. Jolongbayan, Edwin S.
6. LacanLuisongTagean, Salam Ed E Jr.
7. Lagata, Merlito 0.
8. Lawag, Victor S.
9. Maluenda, Severo L Jr.
10. Mandap, Elena L.
11. Po, Manuel A.
12. Rirao, Marlon G.
13. Talag, Alfonso E Jr.
14. Tomol, Rogelio C.
15. Villamor, Ulyn E.
We also resolved TO REFUSE TO GIVE DUE COURSE TO and
CANCEL THE CERTIFICATES OF CANDIDACY of the nominees of the
Kilusang Bagong Lipunan (KBL) nominated by Vicente Millora. Per our
records, it appears that Vicente Millora is not the authorized
signatorylrepresentative of KBL, but former Comm. Jaime Opinion. Under
Resolution 9518,' a candidate who has been nominated by a person who
is not the duly authorized representative of the party shall be deemed
'GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION AND ACCEPTANCE
' OF OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES OR COALITION OF POLITICAL
"independent", to wit:
"SEC. 7. Independent Candidate. - An independent
candidate is one who falls in any of the following
circumstances:
7 - -
*
1. Who has a been nominated by a duly
J
registered political party or coalition of political parties or j&
dul v authorized representative;"
*
Bearing in mind that these candidates are in effect considered
independent candidates, they have not adequately shown or proven
their capacity to independently wage a national campaign without the
support of an established political party. Apart from this, based on their
demeanor during the hearing and their answers to the questions proffered
by us, we are of the impression that they have not fully appreciated the
seriousness and the gravity of 'running for senator. Having failed to
establish their bona fide intention to run for senator, we resolved to not
give due course to or cancel the certificates of candidacy of the following:
. -
1. Cadion, Leo M.
2. Galang, Virgilio J.
As regards, the senatorial candidates nominated by former Comm.
Jaime Opinion, who is the duly authorized representativelsignatory of KBL,
we note that two (2) of their candidates have already withdrawn their
cocs:
1. Gundayao, Virgilio G.
2. Lozano, Oliver U.
Thus, as regards to them, this proceeding has been rendered moot
and academic.
We also note' that KBL, though former Comm. Opinion, has
withdrawn the Certificates of Nomination and Acceptance (CONA) issued
to the following candidates:
1. Abella, Alma L.
2. Chavez, Melchor G.
3. Nueva, Norma C.
4. Pancho, Jr. Wenceslao P
5. Wood, Victor N.
As a result, we treat the above-named candidates as independent.
+
Unfortunately, we are not convinced of their capacity to independently and
.
individually wage a national campaign without the support of KBL.
Similarly, in the cases of the Millora-nominated senatorial candidates, we
are also of the impression that they have not fully appreciated the
PARTIES IN CONNECTION WITH THE MAY 13, 2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL
AND ARMM REGIONAL
seriousness and the gravity of running for such an important post of our
government. The senate has no place for jokers and harlequins. More
importantly, we are not convinced of their bona' fide intention to run, except
to put the election process in mockery or disrepute. As such, we resolve to
refuse to give due course to and to cancel their certificates of candidacy.
Moreover, we resolved TO REFUSE TO GIVE DUE COURSE TO:
and CANCEL THE CERTIFICATES OF CANDIDACY of the following who '
,r*
have: (1 .) not shown genuine interest or seriousness to run for the position
of senator; (2.) not nominated by a political party or are not supported by
a registered political party with a national constituency have not
shown or proven their capacity to independently wage a national
campaign; and (3.) by other circumstances or acts which clearly
demonstrate that the candidate has no bona fide intention to run for
senator. The list is as follows:
1. Baguio, Florentino F.
2. Bernardino, Aeric P.
3. Bula, Leonardo C.
4. Cabrera, Rafael M. , I
5. Cadag, Victorio Angelo A.
6. Capular, Elizabeth S.
7. Dimaya, Arsenio T.
8. Donato, Juanito E.
9. Escosura, Anisio B.
10. Espinosa, Manuel P.
11. Factor, Generoso J.
12. Fernandez, Eduardo Syamasundar-Das P.
13. Garay, Roque F.
14. Gorostiza, Byron Adriano D.
15. Insigne, Manuel E.
16. Lope, Wendell H.
17. Magtira, Daniel R.
18. Ning, Carlito P.
19. Nocon, Valeriano Ill P.
20. Rojas, Erickson Eli Felix B.
21. Salangsang, Pepito S.
22. Santosidad, Rebecca C.
23. Soriano, Cosme Omie P.
24. Suerte, Orlando G.
25. Sulibit, Nonato M.
We also resolved TO REFUSE TO GIVE DUE COURSE TO and
..
CANCEL THE CERTIFICATES OF CANDIDACY of those who, despite
having known their apparent lack of qualification for being below the
minimum age requirement imposed by the ~onst i t ut i on, ~ still deliberately
filed their COCs for Senator. We find no other justification other than that
.
they have no genuine interest to run for senator but merely .to put the
election process in mockery or disrepute:
'ARTICLE VI. Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and,
on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a
resident of the Philippines for not less than two years immediately preceding the day of the election. ,,
1. Ajel, Remelyn T. (32 years old)3
2. Marcos, Francis Leo A. (33 years
3. Sy, Johnny Chris H. (32 years
, - -
ON THE OTHER HAND, we GIVE DUE COURSE to THE'
2
CERTIFICATES OF CANDIDACY of:
DEMOCRATIC PARTY OF THE PHILIPPINES
1. Belgica, Greco Antonious Beda B.
2. Falcone, Baldomero C.
3. SeAeres, Christian M.
SOCIAL JUSTICE SOCIETY
1. Alcantara, Samson S.
INDEPENDENT
1. Penson, Richard L. , I
The DEMOCRATIC PARTY OF THE PHILIPPINES is a newly
accredited political party by this Commission-which we granted after it
adequately proved its legitimacy and the breadth of its membership.
Through this party, we have reasonable basis to believe that its nominated
candidates Greco Antonious Beda B. Belgica, Baldomero C. Falcone, and
Christian M. SeAeres can wage a national campaign. We are also
convinced by its candidates' platform of government and the seriousness
of their participation that We unanimously felt t'hat they should be given a
chance.
Samson S. Alcantara of the SOCIAL JUSTICE SOCIETY, a duly
registered political party, has adequately convinced the Commission of his
platform of government. We also note that Mr. Alcantara is a bar exam
topnotcher (3rd placer, 1957), a noted and renowned law professor, law
book author and a bar reviewer.
We also give due course to the COC of Richard L. Penson. In
support of his candidacy, he personally appeared and submitted to the
commission various documents in support of his bid i.e. tax records, report
of independent auditors of companies associated with him, news articles
on his accomplishments among others. He is also a graduate of the
University of Cincinnati and of Wharton School of the University of
Pennsylvania. Mr. Penson is noted businessman, a corporate executive
and a social activist. We are also convinced of his platform of government
and his capacity to wage a campaign.
3 ~ a n u a ~ 31, 1981
4~epternber 29, 1979
' 5
January 14, 1981
WHEREFORE, premises considered, we RESOLVED as it hereby
RESOLVES:
A. TO GlVE DUE COURSE to the certificates of
candidacy of:
1. Alcantara, Samson S. . - r
2. Belgica, Greco Antonious Beda B.
2
3. Falcone, Baldomero C.
4. Penson, Richard L.
'.
5. Sefieres, Christian M.
C
*
B. TO GlVE DUE COURSE to the WITHDRAWAL of
the certificates of candidacy of:
1. Gundayao, Virgilio G.
2. Lozano, Oliver U.
C. TO REFUSE TO GlVE DUE COURSE TO and
CANCEL THE CERTIFICATES OF ,CANDIDACY of the
following NUISANCE CANDIDATES:
1. Abella, Alma L.
2. Ajel, Remelyn T.
3. Baguio, Florentino F.
4. Bantolo, Rosario S.
5. Bernardino, Aeric P.
6. Bula, Leonardo C.
7. Cabrera, Rafael M.
8. Cadag, Victorio Angelo A.
9. Cadion, Leo M.
10. Capular, Elizabeth S.
1 1. Chavez, Melchor G.
12. Cailing, Patrocino A.
13. Dazo, Catalino A.
14. Dimaya, Arsenio T.
15. Donato, Juanito E.
16. Escosura, Anisio B.
17. Espinosa, Manuel P.
18. Factor, Generoso J.
19. Fernandez, Eduardo Syamasundar-Das P.
20. Galang, V,irgilio J.
21. Garay, Roque F.
22. Gorostiza, Byron Adriano D.
23. Handumon, Benjamin S Jr.
24. Insigne, Manuel E.
25. Jolongbayan, Edwin S.
26. LacanLuisongTagean, Salam Ed E Jr.
27. Lagata, Merlito 0.
28. Lawag, Victor S.
29. Lope, Wendell H.
30. Magtira, Daniel R.
31. Maluenda, Severo L Jr.
32. Mandap, Elena L.
4 .
Reso. No. 9551
8
33. Marcos, Francis Leo A.
34. Ning, Carlito P.
35. Nocon, Valeriano 1 1 1 P.
36. Nueva, Norma C
37. Pancho, Wenceslao P Jr.
38. Po, Manuel A.
39. Rirao, Marlon G.
40. Rojas, Erickson Eli Felix B.
3
41. Salangsang, Pepito S.
42. Santosidad, Rebecca C.
6 3
43. Soriano, Cosme Omie P.
44. Suerte, Orlando G.
45. Sulibit, Nonato M.
46. Sy, Johnny Chris H.
47. Talag, Alfonso E Jr.
48. Tomol, Rogelio C.
49. Villamor, Ulyn E.
50. Wood, Victor N.
SO ORDERED. I I
~~i Com issioner
(On Official Busi ness)
ELlAS R. YUSOPH
Commissioner
MAEBA GRACIA ClELO M. PADACA
-.
Commissioner Commissioner
..
I hereby certify that the conclusions in the above resolution were
reached in consultation among the members of the Commission before
the case was assigned to the writer of the opinion of the Commission (en
band.