The Supreme Court (SC) has upheld a ruling of the Commission on Elections (Comelec) labeling a former barangay chairman in Caloocan City who ran during the May 13, 2013 elections as a nuisance candidate.
In an en banc ruling, the SC dismissed the petition for certiorari filed by Ferdinand Gundayao which assailed the validity of the Comelec ruling.
The Comelec published on Jan. 15, 2013 a list of the so-called 73 nuisance candidates running from local positions for the May 13, 2013 elections, including Gundayao’s name.
Gundayao filed on Oct. 3, 2012 his Certificate of Candidacy (COC) for the position of councilor for the first district in Caloocan City during the May 13, 2013 elections.
However, the Comelec declared Gundayao as a nuisance candidate along with several others.
Gundayao sought reconsideration but was denied.
This prompted him to seek redress with the SC.
However, the SC said that the Comelec was right when it issued the decision against Gundayao.
The SC added that the Comelec did not abuse its discretion in rendering its verdict.
“The records clearly show that Gundayao was afforded the right to be heard,” it said.
“Gundayao himself admitted that the Comelec Law Department required him to attend the hearing on January 17, 2013 to submit evidence proving that he was a nuisance candidate,” the SC said.
The SC added that there is no actual controversy between the parties as the elections had already been held, thereby making the case moot and academic. PNA