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词条 Nuisance candidate
释义

  1. Legal definition

  2. List

  3. References

In the Philippines, a nuisance candidate or potential candidate is a legal term for an aspirant candidate for a public office whose certificate of candidacy was not accepted by the Commission on Elections (COMELEC) either motu proprio by the election body itself or upon a verified petition of an interested party.[1]

Legal definition

Section 69 of the Omnibus Election Code states that a nuisance candidate is someone who has filed a certificate of candidacy with the intention of:[1]

  1. putting the election process in mockery or disrepute
  2. causing confusion among voters by the similarity of their name to other registered candidates
  3. 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 is consequently preventing a faithful determination of the true will of the electorate.

The Law Department of the COMELEC in Manila has the sole authority to declare someone a nuisance candidate. Regional and provincial COMELEC offices has no jurisdiction regarding the matter.[2]

COMELEC also cannot prevent persons from filing certificates of candidacy even if they were declared a nuisance candidate in the past.[3] The election body could also determine those who aspire to run as Independents as nuisance candidates if they could not prove their capacity to independently launch an election campaign.[4]

List

{{Expand list|date=October 2015}}

The following people who filed certificates of candidacy for a public office at the national level (Senator, Vice President, President) were officially declared as nuisance candidates by COMELEC:

Key
{{Color box|lightsteelblue|border=darkgray}} Put the election process in mockery or disrepute.
{{Color box|lightsalmon|border=darkgray}} Caused confusion among the voters by the similarity of the names of the registered candidates.
{{Color box|palegreen|border=darkgray}} 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 prevents a faithful determination of the true will of the electorate
{{Color box|#eeeee|border=darkgray}} No Information
NameRunning forYear of
Elections		DescriptionPetitionerRef.
{{Hs|2}}Theodore|Aquino|nolink=1}}Senator2007Benigno III|Aquino|link=Benigno Aquino III}}[2]
{{Hs|1}}Allan|Carreon|nolink=1}}President2016Among other nuisance candidates, Allan Carreon received media attention for his claim of being able to talk with extraterrestrial life.[5]{{better source needed>date=June 2018}}
{{Hs|2}}Melchor|Chavez}}Senator2004According to Francisco Chavez, Melchor Chavez ran to derail the former's Senatorial bid.Francisco|Chavez}}[6]
{{Hs|3}}Rizalito|David}}President2016Rizalito David planned to run as President under the Kapatiran Party. However COMELEC ruled him as a nuisance candidate after Kapatiran informed the election body that it is not fielding any candidates for the 2016 national elections. COMELEC also did not find sufficient proof that he is able to finance a national campaign since he listed his occupation as a broadcaster.[7]
0}}{{sortname|Eddie|Gil}}Senator2001Gil was declared a nuisance candidate but was later allowed to run.[8][9]
{{Hs|3}}President2004Eddie Gil is an aspirant president running under his own party Isang Bansa, Isang Diwa for the 2004 elections was declared a nuisance candidate after the COMELEC ruled that he has no intention to run. He promised to make all Filipinos, millionaires and to pay the national debt using his own personal wealth. Comelec cited his non-payment of hotel, transport and food bills during the first week of his campaign, issuance of bouncing cheques and conviction for falsifying public documents. The election body noted the withdrawal of his Senatorial candidates–Rodrigo Brillante, Jose Flores, Crisologo Eddie Ilarde, Pilar Pilapil and Ramon Montano from his slate and stated that he has shown no proof that he can finance a national campaign on his own. Eddie Villanueva, petitioner and presidential aspirant suspected the camp of then President Gloria Macapagal-Arroyo for convincing Gil to run to confuse the public to derail Villanueva's campaign but Arroyo's spokesperson Michael Defensor cited Gil's disqualification to disprove Villanueva's claim.Eddie|Villanueva}}
{{Hs|2}}Joselito Pepito|Cayetano|nolink=1}}Senator2007Senator Alan Peter Cayetano who alleges that the camp of then President Gloria Macapagal-Arroyo convinced Joselito Cayetano to file for a Senate candidacy in a bid to confuse voters.Alan Peter|Cayetano}}[2][10]

References

1. ^1 {{cite web|title=Omnibus Election Code - Article IX - Eligibility of Candidates and Certificate of Candidacy|url=http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt9#sec69|website=COMELEC|accessdate=14 October 2015}}
2. ^1 2 {{cite news|title=Local COMELEC offices can’t disqualify, declare nuisance candidates, official says|url=http://news.pia.gov.ph/article/view/1611444788712/local-comelec-offices-can-t-disqualify-declare-nuisance-candidates-official-says-#sthash.YRVGYILu.dpuf|accessdate=14 October 2015|agency=Philippine Information Agency|date=14 October 2015}}
3. ^{{cite news|last1=Esmaquel|first1=Paterno II|title=Why Comelec entertains 'habitual' nuisance bets|url=http://www.rappler.com/nation/politics/elections-2013/13741-why-comelec-entertains-habitual-nuisance-bets|accessdate=14 October 2015|publisher=Rappler|date=10 July 2012}}
4. ^{{cite news |title=The anatomy of a nuisance candidate |url=http://cnnphilippines.com/news/2015/10/14/Nuisance-candidate-2016-elections-filing-of-COCs.html |accessdate=20 June 2018 |work=CNN Philippines |date=4 November 2018}}
5. ^{{Cite news|url=http://newsinfo.inquirer.net/731508/now-come-heneral-luna-nazi-fan-and-space-invader|title=Now come Heneral Luna, Nazi fan and space invader|last=Santos|first=Jerome Aning, Tina G.|access-date=2018-06-20|language=en}}
6. ^{{cite news|last1=Tubeza|first1=Philip|title=Mel Chavez a nuisance bet says Comelec|url=https://news.google.com/newspapers?id=Llo1AAAAIBAJ&sjid=kyUMAAAAIBAJ&pg=428%2C10632505|accessdate=14 October 2015|publisher=Philippine Daily Inquirer|date=24 April 2004}}
7. ^{{cite news |last1=Gutierrez |first1=Pia |title=Comelec declares David a nuisance candidate |url=http://news.abs-cbn.com/halalan2016/nation/12/09/15/comelec-declares-david-a-nuisance-candidate |accessdate=20 June 2018 |work=ABS-CBN News |date=9 December 2015}}
8. ^{{cite news|last1=Marfil|first1=Martin|title=Gill a nuisance candidate–Comelec|url=https://news.google.com/newspapers?id=b1c1AAAAIBAJ&sjid=iSUMAAAAIBAJ&pg=1885%2C14179477|accessdate=14 October 2015|publisher=Philippine Daily Inquirer|date=17 March 2004}}
9. ^{{cite news|last1=Marfil|first1=Martin|title=Gill declared a nuisance candidate by COMELEC|url=https://news.google.com/newspapers?id=b1c1AAAAIBAJ&sjid=iSUMAAAAIBAJ&pg=1895%2C14355402|accessdate=14 October 2015|publisher=Philippine Daily Inquirer|date=17 March 2004}}
10. ^{{cite news|last1=Macaraig|first1=Ayee|title=Alan Peter Cayetano: Everybody’s critic|url=http://www.rappler.com/nation/politics/elections-2013/features/candidate-profiles/re-electionists/12316-alan-peter-cayetano-everybody’s-critic|accessdate=14 October 2015|publisher=Rappler|date=13 September 2012}}
{{Philippine elections}}

2 : Elections in the Philippines|Electoral restrictions
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