G.R. No. 164763 - Perez vs. People

On December 17, 2003, petitioner Rev. Elly Velez Pamatong filed his Certificate of Candidacy (COC) for President.
On January 17, 2004, the Commission on Elections (COMELEC) issued Resolution No. 6558 refusing to give due course to his COC, with two commissioners dissenting (Tancangco and Sadain).

On January 15, 2004, petitioner moved for reconsideration (docketed SPP (MP) No. 04-001).
On February 11, 2004, the COMELEC denied his motion under Omnibus Resolution No. 6604, declaring him and 35 others “nuisance candidates” for lack of bona fide intention or capacity to wage a nationwide campaign. Commissioner Sadain maintained his dissenting vote; Commissioner Tancangco had retired.

Petitioner filed a Petition for Writ of Certiorari before the Supreme Court, alleging that the COMELEC resolutions violated his “equal access to opportunities for public service” under Section 26, Article II of the 1987 Constitution by effectively amending electoral qualifications.
He contended he met all constitutional and legal qualifications, had national organizations and practice abroad to support a campaign, and possessed a government platform.
He also attacked the validity of the COC form, claiming it lacked guidelines for biographical data and program of government.

COMELEC justified limiting candidates to avoid logistical confusion and excessive costs (e.g., P450 million for additional ballot pages) and to ensure orderly elections.
The COMELEC record did not include the evidence or findings supporting its nuisance-candidate declarations.

The Supreme Court analyzed the constitutional and legal dimensions of the “equal access” clause, nuisance-candidate rules (Section 69, Omnibus Election Code; COMELEC Resolution No. 6452), and the COMELEC’s administrative latitude.
Finding the record devoid of factual basis for the COMELEC’s determination, the Court remanded the case for reception of additional evidence.
The Court held that the COC form complied with Section 74 of the Omnibus Election Code.

Whether Section 26, Article II of the 1987 Constitution grants a self-executing right to run for public office or to seek the presidency.
Whether the COMELEC committed grave abuse of discretion in declaring petitioner a nuisance candidate under Section 69 of the Omnibus Election Code and COMELEC Resolution No. 6452.
Whether the COMELEC-prescribed COC form is invalid for lacking fields on biographical data and program of government.