Title
De Alban vs. Commission on Elections
Case
G.R. No. 243968
Decision Date
Mar 22, 2022
COMELEC declared De Alban a nuisance candidate for lacking financial capacity and political machinery; SC upheld Section 69 of OEC but ruled COMELEC abused discretion, reinstating his candidacy.

Case Digest (G.R. No. 243968)
Expanded Legal Reasoning Model

Facts:

  • Filing of Certificate of Candidacy (CoC)
    • Angelo Castro De Alban (De Alban) filed CoC for senator in May 13, 2019 elections as an independent, declaring his profession as lawyer and teacher.
    • On October 22, 2018, the Comelec Law Department motu proprio petitioned to declare him a nuisance candidate, alleging lack of bona fide intent and insufficient financial capacity for a nationwide campaign.
  • Proceedings before the Comelec
    • On December 6, 2018, the Comelec First Division declared De Alban a nuisance candidate for failing to prove financial capacity and lacking political machinery.
    • De Alban moved for reconsideration, arguing no legal financial qualification exists and he had campaign platforms, website, social media support, and travel records.
    • On January 28, 2019, the Comelec En Banc denied reconsideration, holding that De Alban failed to show adequate resources and that the Commission need not adduce evidence for him.
  • Petition to the Supreme Court
    • De Alban filed a Petition for Certiorari before the SC, claiming:
      • Section 69 of the OEC does not apply to senators under the 1987 Constitution.
      • RA No. 6646 impliedly repealed the Comelec’s motu proprio power.
      • The phrase “by other circumstances or acts …” in Section 69 is unconstitutionally vague, violating due process, equal protection, and suffrage rights.
      • The Comelec lacked legal and factual basis to cancel his CoC solely for not stating financial capacity.
    • The Office of the Solicitor General (OSG) defended:
      • Section 69 OEC applies to all elective officers and is consistent with RA No. 6646.
      • The Comelec’s power to bar nuisance candidates is a valid limitation on the privilege to run for office.
      • The cancellation was based on De Alban’s lack of financial capacity and organizational support.

Issues:

  • Does Section 69 of the Omnibus Election Code (OEC) apply to senatorial candidates and authorize the Comelec to motu proprio cancel their CoCs?
  • Did RA No. 6646 impliedly repeal the Comelec’s motu proprio authority under Section 69 of the OEC?
  • Is the phrase “by other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention …” unconstitutionally vague or violative of due process, equal protection, or the right of suffrage?
  • Did the Comelec gravely abuse its discretion in declaring De Alban a nuisance candidate based on lack of financial capacity and political machinery without substantial evidence?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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