Before US are Motions for Reconsideration/Oppositions filed by the following candidates for the positions of President, Vice-President or Senator:

Once again, the noble right of suffrage is used as cloak to serve the caprices of a few who want to mock our democratic processes as the May 10, 2004 Naitonal and Local Elections approacehs. This Commission will never be an instrument to such inclinations since it is duty-bound to uphold the time-honored principle of vox populi, vox dei.

The Constitution and some legislative fiats expressly imposed upon the Commission on elections (the "COMELEC") the sanctified obligation to enforce eleciton laws and conduct peaceful, orderly and honest elections. In the fulfillment thereof, the COMELEC is vested with a correlative authority to disqualify a candidate who has no genuine intention to run for public office but whose main objective is to impede the determination of the true choice of the electorate or to put the election process in mockery. This power is clearly sated in Sections 68 and 69 of the Omnibus Election Code, to quote:

Sec. 68. Disqualifications. - Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this Code; (d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws.

Sec. 69. Nuisance candidates. - The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed 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 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 electorate.

Section 69 indicates that aside from complying with the constitutinal and legal requirements for candidacy, a prospective candidate must demonstrate that he does not fall under the category of a nuisance candidate.

Moreover, the right of suffrage, although a constitutionally-guaranteed right, is not absolute because the exercise thereof rquires some conditions precedent to the end that the true will of the electorate will be protected. Relatively, the Supreme court in the case of Albanil vs. J.P. of Bacolod, 70 Phil. 28, enunciated that:

"Suffrage should be exercised not exclusively for the benefit of the citizen or class of citizens professing it, but in good faith and for the benefit and welfare of the sate. The privilege is a public trust to be performed for the good of the people. " (Emphasis ours)

Lastly, suffrage is not purely a matter of right but a matter of reality with respect to the capability of a candidate to sustain a nationwide campaign.

Noted, several Motions for Reconsideration/Oppositions were filed out of time.

Prescinding therefrom, the Commission, after carefully evaluating the pleadings including documentary evidence thereof, submitted in connection with the disqualification of the mentioned candidates, RESOLVED as it hereby RESOLVES to DENY the motios for reconsideration and to AFFIRM COMELEC Resolution No. 6558 disqualifying the following candidates:

for the reasons that they cannot wage a national campaign, and/or are not nominated by a political party or are not supported by a registered political party with a national constituency.

Let a copy of this resolution be published in two (2) newspapers of general circulation.

The Law Department is hereby directed to implement this resolution with dispatch and to prepare the Certified List of Candidates for the positions of President, Vice-President and Senators.

SO ORDERED.