FACTS
Wilson Caritero Amad filed his Certificate of Candidacy (COC) for Vice President in the May 9, 2022 National and Local Elections as an independent candidate. Shortly thereafter, the Commission on Elections (COMELEC), acting motu proprio, filed a petition to declare him a nuisance candidate pursuant to Section 69 of the Omnibus Election Code (Batas Pambansa Blg. 881). The COMELEC alleged that Amad lacked a bona fide intention to run for office because he allegedly had no nationwide organization, no substantial political support, and no realistic capacity to wage a national campaign.
The COMELEC First Division granted the petition and cancelled Amad's COC. Amad filed a Motion for Reconsideration, but the COMELEC En Banc dismissed it for being allegedly filed out of time, unverified, and unsupported by proof of payment of filing fees. Consequently, Amad filed before the Supreme Court a Petition for Certiorari under Rule 64 in relation to Rule 65 of the Rules of Court, together with an application for a Temporary Restraining Order (TRO). He argued that his motion was timely, verified, and accompanied by proof of payment, and that COMELEC gravely abused its discretion in declaring him a nuisance candidate solely because of his financial and political circumstances.
The Supreme Court issued a TRO enjoining the COMELEC from enforcing its resolutions. Despite the TRO, however, the COMELEC finalized the ballot and proceeded with the election without including Amad as a vice-presidential candidate. By the time the case was resolved, the May 2022 elections had already concluded, rendering the controversy technically moot. Nevertheless, the Court proceeded to decide the case because it involved issues capable of repetition yet evading review and raised important constitutional and electoral questions regarding the powers of the COMELEC and the rights of aspiring candidates.
The Court likewise examined the constitutional qualifications for the office of Vice President under Article VII, Section 3 of the 1987 Constitution, the authority of the COMELEC under Article IX-C of the Constitution, Section 69 of the Omnibus Election Code, and the applicable provisions of COMELEC Resolution No. 10673 governing electronic filing and motions for reconsideration in nuisance candidate cases.
ISSUE
Whether the COMELEC gravely abused its discretion in declaring Amad a nuisance candidate under Section 69 of the Omnibus Election Code based on his alleged lack of financial capacity, political organization, and nationwide support.
Whether the COMELEC correctly dismissed Amad's Motion for Reconsideration as defective and filed out of time under COMELEC Resolution No. 10673 despite his claim that it was timely filed, verified, and accompanied by proof of payment.
Whether the COMELEC violated the Supreme Court's Temporary Restraining Order by proceeding with the printing of ballots and the conduct of the elections, and whether the Court should still resolve the petition despite the elections having already been concluded.
HELD
The Supreme Court held that although the petition had become moot and academic because the May 2022 elections had already been held, it nonetheless resolved the legal issues because they were capable of repetition yet evading review. The Court emphasized that controversies involving the declaration of nuisance candidates are often rendered moot before judicial review can be completed due to the strict election timetable. Accordingly, it exercised its constitutional duty under Article VIII, Section 1 of the 1987 Constitution to settle actual controversies and to formulate controlling principles for future elections.
The Court ruled that lack of financial capacity, absence of a political party, or limited nationwide support are not, by themselves, valid grounds for declaring a candidate a nuisance candidate under Section 69 of the Omnibus Election Code. The Constitution itself provides the qualifications for the office of Vice President under Article VII, Section 3, namely: natural-born citizenship, registered voter status, ability to read and write, at least forty years of age, and residency in the Philippines for at least ten years immediately preceding the election. The COMELEC cannot impose additional qualifications not found in either the Constitution or statute. A nuisance candidate must instead be shown to have filed a candidacy to mock or discredit the electoral process, cause confusion among voters through similarity of names, or otherwise demonstrate a lack of a bona fide intention to run for office.
The Court further found that the COMELEC violated the Supreme Court's Temporary Restraining Order when it proceeded with election preparations despite the TRO's directive. While the Court ultimately dismissed the petition as moot, it held that the members of the COMELEC were guilty of indirect contempt for disobeying the Court's lawful order. They were accordingly REPRIMANDED, with the Court stressing that constitutional commissions, although independent under Article IX of the Constitution, remain bound to obey lawful orders issued by the Supreme Court in the exercise of its judicial power.
Finally, the Court underscored that election laws should be construed to preserve, rather than unduly restrict, the people's right to choose their public officials. It reminded the COMELEC that while it possesses broad constitutional authority to ensure free, orderly, honest, peaceful, and credible elections under Article IX-C of the Constitution, such authority must always be exercised within the bounds of the Constitution, the Omnibus Election Code, and the directives of the Supreme Court. The decision serves as an important precedent limiting the grounds upon which the COMELEC may declare an aspirant a nuisance candidate and reinforces the duty of constitutional bodies to comply with judicial orders.
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