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The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News

Article (news)

Adrian Ayalin

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/176232656733620220824-supreme-court-facade-GC-2.jpg" style="width:960px" class="fr-fic fr-dib"/><span class="fr-inner" spellcheck="false" style="text-align:left">The Supreme Court building in Padre Faura, Manila on August 24, 2022. <em>George Calvelo, ABS-CBN News/File</em></span></span></span></div><p>MANILA — The Commission on Elections cannot automatically declare candidates who received few votes in past elections as nuisance bets.</p><p>In the en banc decision promulgated on July 8, 2025, the court granted the petition for certiorari filed by Subair Guinthum Mustapha against the poll body for declaring him a nuisance candidate for only getting 5,387 — 2.01 percent of the total votes — in the 2022 elections for congressman of Lanao del Sur, among other reasons.</p><p>“We hope that the Comelec, in the execution of its mandate, will be able to adopt or propose measures for such candidate to instead evolve from and overcome his or her perceived incapabilities and disadvantages,” the court said in the decision penned by Chief Justice Alexander Gesmundo.</p><p>In the 2025 elections, Mustapha was among the candidates whose certificates of candidacy or COC were cancelled by the Comelec for various reasons.</p><p>The Supreme Court however issued <a href="https://www.abs-cbn.com/news/nation/2025/1/14/sc-issues-tros-vs-comelec-decisions-blocking-candidates-in-2025-polls-1643">temporary restraining orders</a> against the poll body which allowed the candidates to run.</p><p>Even if Mustapha lost in the 2025 elections which rendered his petition moot, the high court still decided on the case because the issue might arise in future elections.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/1/13/lack-of-campaign-funds-does-not-make-one-a-nuisance-candidate-says-supreme-court-1116"><strong>Lack of campaign funds does not make one a nuisance candidate, says Supreme Court</strong></a></div><div><br/></div><div><strong>NUMBER OF VOTES RECEIVED NOT INDICATOR OF SERIOUSNESS<br/></strong></div><p>The Supreme Court underscored that under the Omnibus Election Code, the poll body may cancel a COC if the candidate mocked the election process, tried to cause confusion among voters or did not seriously intend to run.</p><p>The court said there is no direct link between a candidate’s seriousness to run for office and their vote count in previous elections. </p><p>The court further noted that Mustapha submitted evidence to show his genuine intent to run for public office, such as membership in Workers and Peasants Party, a recognized national political party with various advocacies. </p><p>“While the court lauds the Comelec&#x27;s zeal in weeding out nuisance candidates from the ballot, the poll body is reminded that it should exercise its discretion with utmost scrutiny so as not to disqualify an otherwise legitimate candidate,” the court said.</p><div><br/></div><div><strong>RELATED VIDEO</strong></div><div><strong><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/z7Jp6aFgQCg?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span></strong><br/></div>

<p>The Supreme Court has ruled that the Commission on Elections should not automatically declare nuisance candidates based on the low votes they received in past elections.</p>

The Supreme Court has ruled that the Commission on Elections should not automatically declare nuisance candidates based on the low votes they received in past elections.

SC: Bets can't be declared nuisance for getting few votes in past polls

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SC: Bets can't be declared nuisance for getting few votes in past polls

Adrian Ayalin,

ABS-CBN News

Published November 05, 2025 03:42 PM PHT

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