Low number of votes in past elections does not make a person a nuisance candidate - SC

The Supreme Court (SC) has declared that a candidate, who obtained a low number of votes in past elections, cannot be automatically considered a nuisance candidate in future elections.

- By REY G. PANALIGAN

In a decision written by Chief Justice Alexander G. Gesmundo, the SC warned that if the Commission on Elections (Comelec) would declare someone a nuisance candidate simply because of low votes in past elections or of his or her perceived inability to win, the poll body would be exercising a power reserved for voters on election day.

"In a democratic institution such as ours, it is the people who are vested with the sole authority to decide whether a candidate wins or not, and such decision is to be passed upon only during the day of election," the SC said.

Thus, the SC pointed out that the Comelec "should not deprive the people of a legitimate choice by declaring candidates as nuisance candidates simply because it perceives that said candidates have low chances of winning as purportedly shown by their previous dismal votes."

The SC’s Office of the Spokesperson said the High Court’s decision annulled the Comelec’s resolutions that cancelled the certificate of candidacy (COC) of Subair Guinthum Mustapha (Mustapha) in the 2025 senatorial elections.

Mustapha filed his COC for the Senate under the Workers and Peasants Party (WPP).

The Comelec’s Law Department moved to declare him a nuisance candidate, citing multiple reasons.