Case Digest (G.R. No. 200983)
Facts:
In October 2021, Norman Cordero Marquez filed his Certificate of Candidacy for Senator in the May 9, 2022 National and Local Elections. The COMELEC Law Department, acting motu proprio, petitioned to declare him a nuisance candidate, alleging he lacked a bona fide intention to run, had no nationwide recognition beyond his locality, was unaffiliated with any political party, and could not sustain a viable national campaign. On December 13, 2021, the COMELEC First Division declared Marquez a nuisance candidate and cancelled his COC; on January 3, 2022, the COMELEC En Banc denied his motion for reconsideration. Marquez filed a Petition for Certiorari with the Supreme Court, secured on January 19, 2022 a Temporary Restraining Order (TRO) enjoining COMELEC from enforcing the contested resolutions, and filed urgent motions alleging that COMELEC defied the TRO by proceeding to print ballots. COMELEC maintained that Marquez failed to substantiate his popularity, network, or intent to runCase Digest (G.R. No. 200983)
Facts:
- Prior 2019 Proceeding
- Norman Cordero Marquez filed a COC for Senator in the 2019 elections.
- The COMELEC declared him a nuisance candidate for lack of proof of financial capacity; the Supreme Court in G.R. No. 244274 nullified that disposition, ruling that financial capacity cannot be equated with bona fide intent.
- 2022 Election COC and COMELEC Actions
- On October 1, 2021, Marquez filed a COC for Senator for the May 9, 2022 National and Local Elections.
- The COMELEC Law Department motu proprio petitioned to declare him a nuisance candidate on the grounds that he was virtually unknown, lacked a bona fide intention to run, and had no political-party support.
- The COMELEC First Division issued a Resolution on December 13, 2021 canceling his COC; the En Banc denied his motion for reconsideration on January 3, 2022.
- Supreme Court Petition and TRO
- Marquez filed a petition for certiorari under Rule 65, seeking annulment of the COMELEC resolutions and injunctive relief.
- The Supreme Court issued a TRO on January 19, 2022 enjoining enforcement of the COMELEC resolutions; despite this, COMELEC proceeded with ballot printing.
- Marquez sent letters and filed urgent motions to compel inclusion of his name; COMELEC filed comments and a motion to lift the TRO, asserting election preparations would be jeopardized.
- The 2022 elections concluded; ballots were deployed; senators-elect proclaimed, rendering the petition moot.
Issues:
- Constitutionality and Procedure
- Did the COMELEC gravely abuse its discretion in declaring Marquez a nuisance candidate by conflating lack of financial/campaign capacity and party support with bona fide intent?
- Did the COMELEC improperly shift the burden of proof to Marquez to demonstrate his bona fide intention to run?
- Enforcement of the TRO
- Did COMELEC’s continuation of ballot printing despite the TRO constitute contempt of court or imperil the Supreme Court’s injunctive power?
- Was the controversy or any relief still justiciable after the completion of the elections?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)