COMELEC Resolution No. 7832

This pertains to the 14 February 2007 Memorandum of the Law Department relative to the Certificates of Candidacy of persons vying for the positions of Senator in connection with the May 14, 2007 Elections.

The total number of senatorial aspirants is eighty (80),thirty five (35) of which were nominated by various political parties, thus:

The name indicated, however in Mujahab A. Hasim’s certificate of nomination is Habib “Bogs” Hashim. The certificate of nomination is unsubscribed and unsworn. The requirements of law on the filing of the certificates of candidacy is mandatory in character prior to election and becomes merely directory after elections so as not to frustrate the will of the electorate. Mujahab Hashim’s nomination as official candidate must be denied for not being in due form and substance.

The following are considered independent candidates there being no certificate of nomination attached to their certificate of candidacy:

Among the forty four (44) independent candidates are Gregorio B. Honasan, a former senator, Richard Gomez, a very popular actor and Anna Dominique Coseteng, a former legislator. While they may be independent candidates, the political track records in the election of former Senator Honasan and Senator Coseteng are unquestionable. It can also be observed that during the filing of their certificates of candidacy, the former Senators and Richard Gomez were accompanied by supporters and it can be gleaned therefrom that they do have the bona fide intention of running for the position of senator.

As culled from the records of the Law Department, the following were observed to be habitual filers:

1. ABITONA, Orlando C.

2. FLAMINIANO, Eduardo B.

3. GUILLERGAN, Gherry A.

4. LAGATA, Merlito O.

5. MAGTIRA, Daniel R.

6. PO, Manuel A.

7. TAJANAN, Francisco M.

8. TIQUI, Camilo V.

Records show that they filed their certificates of candidacy during the past elections either for president, vice- president or senator but were considered nuisance candidates.

The constitution provides that the state shall guarantee equal access to opportunities for public office but this privilege is subject to limitations. Section 69 of the Omnibus Election Code as amended by Section 5 of R.A. 6646, gave COMELEC the power to motu proprio cancel or deny due course to a certificate of candidacy ofregistered candidates. It provides, thus:

“SEC. 69 Nuisance candidates - The Commission may, motu proprio or upon 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 candidates 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.”

The High Court in the case of Pamatong vs. Comelec said that “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 action should be available to alleviate these logistical hardships, whenever necessary and proper.” (Rev. Elly Chavez Pamatong, Esquire vs. COMELEC, G.R. 161872, Feb. 9, 2004)

Moreover, the Commission has the sole mandate to administer election laws and conduct elections. It is bestowed with considerable latitude to adopt rules and regulations that will ensure an orderly elections.

1.) To GIVE due course to the certificates of candidacy of the official candidates of the political parties, namely:

1 1 With substitution per 19 February 2007 Memorandum of the Law Department giving due course the certificate of candidacy of Cesar D. Montano as substitute of Carlos Jericho L.