SC upholds disqualification of a nuisance congressional candidate

The Supreme Court has upheld a Commission on Elections decision disqualifying Mauricio Plaza, Jr. from running as a congressional candidate in Agusan del Sur province in the May 13, 2013 elections for being a nuisance candidate.

In an en banc decision, the SC denied the petition filed by Plaza "for failure to sufficiently show that grave abuse of discretion was committed by the Comelec when it declared Plaza as a nuisance candidate."

The Comelec also ordered the immediate cancellation and deletion of Plaza's name from the Candidates' Profile System and the Certified List of Candidates for the upcoming elections.

Section 3, Article IX-C of the 1987 Constitution provides that the Comelec shall promulgate its rules of procedure in order to expedite the disposition of election cases.

Plaza protested his inclusion in a list of "nuisance" candidates issued by the Comelec.

Thus, he filed a petition for review before the SC asking it to intervene and order the inclusion of his name in the ballots.

However, the SC ruled "the procedures adopted by the Comelec in resolving petitions to deny due course to or to cancel certificate of candidacy, declare nuisance candidates and disqualify candidates are consistent with its power to provide simplified procedural rules."

"The records would show that before the Comelec En Banc issued Resolution 9610, petitioner (Plaza) was afforded his right to prove the legitimacy of his candidacy," the SC decision signed by Clerk of Court Atty. Enriqueta Vidal said. (PNA)