The Supreme Court clarified the rules regarding nuisance candidates in elections, emphasizing that votes cast for a nuisance candidate should be credited to the legitimate candidate with a similar name, even if the decision declaring the candidate a nuisance is finalized after the elections. This aims to prevent the frustration of the voters’ will due to confusion caused by nuisance candidates. The decision modified the Commission on Elections’ (COMELEC) writ of execution to ensure accurate vote counting, especially in multi-slot offices, where voters choose multiple candidates. It stresses that technicalities should not undermine the voters’ intent and reinforces the importance of resolving nuisance candidate cases promptly to maintain the integrity of the electoral process. The Court ordered COMELEC to re-canvass the votes, count the votes for the nuisance candidate in favor of the legitimate candidate (with adjustments to prevent double counting), and proclaim the duly elected members.

Roxas vs. Roxas: Can Votes for a “Nuisance” Candidate Swing an Election?

The consolidated petitions of Consertino C. Santos, Ricardo Escobar Santos, and Ma. Antonia Carballo Cuneta challenged the COMELEC’s writ of execution concerning the declaration of Rosalie Isles Roxas as a nuisance candidate. Jennifer Antiquera Roxas, the private respondent, filed a petition to disqualify Rosalie, arguing that Rosalie’s candidacy was solely intended to cause confusion among voters due to the similarity of names. The COMELEC Second Division granted the petition, declaring Rosalie a nuisance candidate, a decision affirmed by the COMELEC En Banc. This ruling led to the question of how the votes cast for Rosalie should be treated, particularly concerning their potential impact on the election results for the Sangguniang Panlungsod of Pasay City.

At the heart of the controversy was the implementation of the COMELEC’s resolutions declaring Rosalie a nuisance candidate. Petitioners argued that the writs of execution, which directed the annulment of their proclamations and the crediting of Rosalie’s votes to Jennifer, violated their right to due process. They contended that the resolutions were silent on the transfer of votes and that a separate proceeding was necessary to determine whether the votes should be credited. Furthermore, they asserted that COMELEC Resolution No. 10083 only allows for the crediting of votes if the decision becomes final before the proclamation of winning candidates. These arguments underscored the need for clarity in the rules governing nuisance candidates and the execution of decisions impacting election results.

The Supreme Court, however, sided with Jennifer Antiquera Roxas, the private respondent, albeit with some modifications. The Court held that a petition to declare a person a nuisance candidate is sufficient to cancel the COC of the said candidate and to credit the garnered votes to the legitimate candidate because it is as if the nuisance candidate was never a candidate to be voted for. This is because the proceeding is summary in nature. The Court also emphasized that the crediting of votes is a logical consequence of the final decision in the nuisance case, asserting that requiring a separate proceeding would be absurd.

Building on this principle, the Court addressed the due process concerns raised by the petitioners. The Court found that the COMELEC provided sufficient opportunity for the petitioners to be heard during the execution proceedings, as evidenced by Ricardo’s multiple motions and manifestations. The Court underscored that the COMELEC considered these submissions on their merits, thus satisfying the requirements of due process. While the other candidates are not real parties-in-interest in respondent’s petition for disqualification, the Court finds that the COMELEC gave petitioners sufficient opportunity to be heard during the execution proceedings of the nuisance case. This demonstrates a commitment to fairness and transparency, even when dealing with technicalities in election law.

Moreover, the Court rejected the argument that votes for a nuisance candidate can only be credited to the legitimate candidate if the decision becomes final before the elections. The Court clarified that Section 11 (K) (b) of COMELEC Resolution No. 10083 does not distinguish whether the decision in the nuisance case became final before or after the elections. Citing Martinez III v. House of Representatives Electoral Tribunal, the Court emphasized that “final judgments declaring a nuisance candidate should effectively cancel the certificate of candidacy filed by such candidate as of election day.” Therefore, regardless of when the decision becomes final, the votes for the nuisance candidate should be credited to the legitimate candidate.

However, the Court also recognized the complexities involved in multi-slot offices, such as the Sangguniang Panlungsod. In such cases, a voter may vote for more than one candidate, meaning that both the legitimate candidate and the nuisance candidate could receive votes on the same ballot. To address this issue, the Court modified the COMELEC’s writ of execution to require a manual inspection of the ballots. In those ballots that contain both votes for nuisance and legitimate candidate, only one count of vote must be credited to the legitimate candidate. This ensures that the votes are accurately counted and that no candidate receives an unfair advantage. This nuanced approach reflects the Court’s commitment to upholding the integrity of the electoral process.

In conclusion, the Supreme Court affirmed the COMELEC’s writ of execution with modifications, emphasizing that votes cast for a nuisance candidate should be credited to the legitimate candidate with a similar name, regardless of when the decision becomes final. The Court also clarified the procedure for counting votes in multi-slot offices, requiring manual inspection of ballots to avoid double counting. This decision underscores the importance of protecting the will of the voters and ensuring fairness and accuracy in the electoral process.

FAQs

What was the key issue in this case?	The key issue was whether votes cast for a declared nuisance candidate should be credited to a legitimate candidate with a similar name, especially when the declaration occurred after the election. The Court also addressed the procedure for counting these votes in multi-slot offices.
What is a nuisance candidate?	A nuisance candidate is someone who files a certificate of candidacy to mock the election process, cause confusion among voters, or demonstrate no bona fide intention to run for office. The COMELEC can disqualify such candidates.
When should votes for a nuisance candidate be credited to the legitimate candidate?	The Supreme Court ruled that votes for a nuisance candidate should be credited to the legitimate candidate with a similar name, irrespective of whether the decision declaring the candidate a nuisance becomes final before or after the election. The cancellation is effective as of election day.
What happens in a multi-slot office, like the Sangguniang Panlungsod?	In multi-slot offices, the COMELEC must inspect ballots to ensure that the legitimate candidate receives only one vote per voter. If a ballot contains votes for both the nuisance and legitimate candidate, only one vote should be credited to the legitimate candidate.
Did the petitioners argue that their due process rights were violated?	Yes, the petitioners argued that the writs of execution, which directed the annulment of their proclamations and the crediting of Rosalie’s votes to Jennifer, violated their right to due process. The Court rejected this argument, however, noting that they had sufficient opportunity to be heard.
What COMELEC resolution was relevant to this case?	COMELEC Resolution No. 10083, particularly Section 11 (K), was relevant. The Court clarified how this resolution should be interpreted and applied in cases involving nuisance candidates.
Why did the Supreme Court modify the COMELEC’s writ of execution?	The Supreme Court modified the writ to ensure that the counting of votes in the multi-slot office was accurate and fair, preventing any candidate from receiving double votes. This ensured accurate vote counting.
What was the effect of the delay in resolving the nuisance case?	The delay negatively affected the respondent and the electorate, as the nuisance candidate remained on the ballot, potentially causing confusion. The Court stressed that COMELEC must expedite the resolution of such cases.

This ruling underscores the importance of protecting the integrity of the electoral process and ensuring that the voters’ will is not undermined by technicalities or delays. By clarifying the rules regarding nuisance candidates and the counting of votes, the Supreme Court has provided valuable guidance for future elections.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Consertino C. Santos v. COMELEC, G.R. No. 235058, September 04, 2018