05/11/2025
The (SC) has ruled that a candidateβs low vote count in past elections does not automatically make them a nuisance candidate in future elections.
In a Decision written by Chief Justice Alexander G. Gesmundo, the SC ππ― ππ’π―π€ annulled the November 29, 2024 Resolutions of the Commission on Electionsβ (COMELEC) which cancelled the certificate of candidacy (COC) of Subair Guinthum Mustapha (Mustapha) in the 2025 senatorial elections.
Mustapha filed his COC under the Workers and Peasants Party (WPP). The COMELEC Law Department moved to declare him a nuisance candidate, arguing that his candidacy was primarily a distraction, especially since he received only 5,387 votesβjust 2.01% of the total votes for the Lanao del Sur Representative seat in the 2022 elections.
Mustapha claimed that he is a qualified and serious candidate for senator, highlighting his academic credentials, leadership roles, dedication to labor advocacy, and governance platform.
The SC ruled that there is no direct link between candidatesβ seriousness to run for office and their vote count in previous elections.
The SC warned that if the COMELEC could declare someone a nuisance candidate simply because of low votes in past elections or perceived inability to win, it would be exercising a power reserved for voters on election day.
In Mustaphaβs case, the SC found that his low votes in the 2022 elections do not prove he lacked seriousness to run for senator in 2025.
The SC noted he submitted evidence to show his genuine intent, such as his membership in WPP, a recognized and accredited national political party with various policies on labor and other social justice causes.
While the SC recognized the efforts of the COMELEC to w**d out nuisance candidates, it reminded the poll body to exercise caution and avoid using grounds already ruled as invalid by the Court, such as lack of financial capacity, to mount a national campaign or perceived unpopularity.
Although the May 2025 election results had rendered Mustaphaβs petition moot, the SC still decided the case as the issue could again arise in future elections.
Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=154935.
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=154903.
Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=154907.
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