Santos vs. Commission on Elections En Banc, et al.

,
G.R. No. 235058 & 235064, September 4, 2018
EN BANC, GESMUNDO

Declaration of Nuisance Candidate, and its effect on a

Multi-Slot Position;

Jennifer Antiquera Roxas (respondent) filed for candidacy for the

position of member of the Sangguniang Panglungsod for the First
District of Pasay City for the May 9, 2016 National and Local
Elections. Respondent, after learning that a certain Rosalie Isles
Roxas (Rosalie) also filed her CoC for the same position, she then
filed a Petition for Disqualification against Rosalie praying that
the latter be declared a nuisance candidate. COMELEC EN BANC
declared Rosalie a nuisance candidate, but ruled on the matter
only after the elections were held. Respondent garnered the 7 th
spot, which did not qualify her for a spot in the Sanggunian
(since only 6 were to be chosen). Since Rosalie was declared to
be a nuisance, then the votes garnered by Rosalie should be
credited in favor of Respondent. If crediting were to take place,
then Respondent would garner the 2nd spot. Hence, Petitioners
(being those who garnered the 2nd to 6th spot), lodged this
Petition with the Court.

What are the effects of a candidate’s declaration as a nuisance

when the office is multi-slot?
The rules provided by the COMELEC regarding the canvassing of
votes for nuisance candidates are still insufficient because these
do not consider a multi-slot office with a nuisance candidate. In a
multi-slot office, such as membership of the Sangguniang
Panglungsod, a registered voter may vote for more than one
candidate. Hence, it is possible that the legitimate candidate and
nuisance candidate, having similar names, may both receive
votes in one ballot.

Therefore, in a multi-slot office, the COMELEC must not merely

apply a simple mathematical formula of adding the votes of the
nuisance candidate to that legitimate candidate with the similar
name. To do such might lead to the double counting of votes in
one ballot for the same candidate. As such, the ballots containing
the votes for the nuisance candidate Rosalie must be credited in
favor of respondent. However, if there are ballots which contain
both votes in favor of Rosalie and respondent, only one vote shall
be credited in favor of respondent.