Political and Public International Law › Election Law (BP 881, as amended, and COMELEC Resolutions [CR]) › Candidacy

4. Nuisance Candidates

Nuisance Candidates

One who has no bona fide intention to run for the office and would thus prevent a faithful determination of the true will of the people.

Factors to Consider:

Capability to wage nationwide campaign
Running under a slate
Organization and machinery
Performance in previous elections
Platform of government
Political party affiliation and support
Popularity
Properties
Political exposure
Intention to run for office
Profession
Educational attainment
Similarity in name causes confusion
Income
Qualifications and disqualifications

COMELEC cannot motu proprio deny due course to or cancel an alleged nuisance candidate’s certificate of candidacy without providing the candidate his opportunity to be heard. (Timbol vs. COMELEC, G.R. 206004, 2015).

Authorities

Timbol v. COMELEC, G.R. No. 206004, 24 February 2015