Case Digest (G.R. No. 244274) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On October 15, 2018, Norman Cordero Marquez, a real estate broker and resident of Mountain Province, filed his Certificate of Candidacy (CoC) as an independent candidate for senator in the May 13, 2019 elections. On October 22, 2018, the COMELEC Law Department motu proprio filed a petition to declare him a nuisance candidate, arguing that he was virtually unknown nationwide and lacked clear proof of financial capacity to sustain a nationwide campaign. Marquez refuted these allegations by presenting his role as co-founder of Baguio Animal Welfare, his media appearances, his consultations with government offices, his social media following, and his receipt of donations. On December 6, 2018, the COMELEC First Division canceled his CoC, citing Martinez III v. HRET and Section 13 of Republic Act No. 7166, and noting that an independent candidate has limited resources. Marquez’s motion for reconsideration was denied en banc on January 23, 2019. He then filed a petition for certiorari Case Digest (G.R. No. 244274) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Filing of Candidacy and Motu Proprio Petition
- On October 15, 2018, Norman Cordero Marquez filed his Certificate of Candidacy (CoC) as an independent candidate for senator in the May 13, 2019 elections.
- On October 22, 2018, the COMELEC Law Department, acting motu proprio, petitioned to declare Marquez a nuisance candidate, alleging he was virtually unknown nationwide and had no proof of financial capacity for a nationwide campaign.
- Marquez’s Response and COMELEC Decisions
- Marquez asserted his bona fide intention: co-founder of an animal advocacy group with national media exposure, member of advisory committees, regular consultations with government, travel for advocacy, and existing donations.
- On December 6, 2018, the COMELEC First Division cancelled his CoC citing Martinez III v. HRET (610 SCRA 53) and Section 13 of RA 7166; on January 23, 2019, the COMELEC En Banc denied his motion for reconsideration.
- Petition for Certiorari and Lower Responses
- Marquez filed a petition for certiorari with prayer for TRO and injunction to enjoin deletion of his name from ballots and candidate lists.
- The Office of the Solicitor General, representing COMELEC, moved to dismiss for lack of reviewable error of jurisdictional fact and defended COMELEC’s exercise of authority under Section 69, BP 881 (Omnibus Election Code).
- Election Milestones and Mootness Concern
- Elections concluded on May 13, 2019, with proclamation of 12 senators-elect; ballots were printed between February 9 and April 26, 2019.
- The Supreme Court noted the potential mootness but considered the “capable of repetition yet evading review” exception.
Issues:
- Jurisdiction and Mootness
- Whether the petition is moot given the conclusion of the 2019 elections.
- Whether the “capable of repetition yet evading review” exception warrants Supreme Court adjudication.
- Merits of Nuisance Candidate Declaration
- Whether COMELEC may declare a candidate a nuisance solely for failure to prove financial capacity for a nationwide campaign.
- Whether lack of proof of financial capacity is a valid ground under Section 69, BP 881, or related COMELEC resolutions, and consistent with constitutional prohibitions on property qualifications.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)