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TIMBOL VS COMELEC Digest

Joseph B. Timbol filed a certificate of candidacy for a local election but was declared a nuisance candidate by COMELEC without an opportunity to be heard. Timbol attended a clarification hearing where the election officer recommended his certificate be given due course, but COMELEC still denied including his name on the ballot. The Supreme Court ruled COMELEC cannot deny a candidate's certificate or declare them a nuisance without first giving them a chance to explain their intention to run for office. COMELEC's power must be balanced with a candidate's right to due process.

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Hasmer Maulana Amal
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197 views2 pages

TIMBOL VS COMELEC Digest

Joseph B. Timbol filed a certificate of candidacy for a local election but was declared a nuisance candidate by COMELEC without an opportunity to be heard. Timbol attended a clarification hearing where the election officer recommended his certificate be given due course, but COMELEC still denied including his name on the ballot. The Supreme Court ruled COMELEC cannot deny a candidate's certificate or declare them a nuisance without first giving them a chance to explain their intention to run for office. COMELEC's power must be balanced with a candidate's right to due process.

Uploaded by

Hasmer Maulana Amal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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JOSEPH B. TIMBOL v. COMELEC, GR No.

206004,
2015-02-24
Facts:
This is a Petition... for Certiorari with prayer for issuance of preliminary
mandatory injunction against... issuance... of the COMELEC... declaring
petitioner Joseph B.
Timbol (Timbol) a nuisance candidate and ordering the removal of his
name from the certified list of candidates
Timbol filed a Certificate of Candidacy... for the position of Member of the
Sangguniang Panlungsod of
Caloocan City... he received a Subpoena... from COMELEC
E... lection
Officer Dinah A. Valencia
Timbol, together with his counsel, appeared
During the clarificatory hearing, Timbol argued that he was not a nuisance
candidate.
Election Officer Valencia recommended that Timbol's Certificate of
Candidacy be given due course.
Despite... favorable recommendation, Timbol's name was not removed
from the list of nuisance candidates posted in the COMELEC's website.
With the printing of ballots for the automated elections
Timbol filed... a
Petition... praying that his name be included in the certified list of
candidates
COMELEC denied the Petition for being moot, considering that the printing
of ballots had already begun.[15]
COMELEC maintained that
Co... ntrary to Timbol's argument, he was given an opportunity to be heard
when Election Officer Valencia heard him during the clarificatory hearing.
Issues:
whether respondent COMELEC gravely abused its discretion in denying
petitioner Timbol's Petition for inclusion in the certified list of candidates.
Ruling:
Respondent's power to motu proprio deny... due course to a certificate of
candidacy is... subject to the candidate's opportunity to... be heard.
To minimize the logistical confusion caused by nuisance candidates, their
certificates of candidacy may be denied due course or cancelled by
respondent. This denial or cancellation may be "motu proprio or upon a
verified petition of an interested party,"
"subject to an opportunity to be heard."
The opportunity to be heard is a chance "to explain one's side or an
opportunity to seek a reconsideration of the action or ruling complained of."
In election cases, due process requirements are satisfied "when the parties
are afforded fair and... reasonable opportunity to explain their side of the
controversy at hand."
Respondent declared petitioner a nuisance candidate without giving him a
chance to explain his bona fide intention to run for office. Respondent had
already issued Resolution
No. 9610... when petitioner appeared before Election Officer Valencia in
a... clarificatory hearing
This was an ineffective opportunity to be heard.
That petitioner was able to file a Petition for inclusion in the certified list of
candidates did not cure the defect in the issuance of Resolution No. 9610.
First, he would not have to file the Petition had been given an opportunity to
be heard in the first place. Second,... in the Minute Resolution
, respondent denied petitioner's Petition on the sole ground that the printing
of ballots had already begun
Respondent should... also balance its duty "to ensure that the electoral
process is clean, honest, orderly, and peaceful"... with the right of a...
candidate to explain his or her bona fide intention to run for public office
before he or she is declared a nuisance candidate.
Principles:
The power of the Commission on Elections (COMELEC) to restrict a
citizen's right of suffrage should not be arbitrarily exercised. The
COMELEC cannot motu proprio deny due course to or cancel an alleged
nuisance candidate's certificate of candidacy... without providing the
candidate his opportunity to be heard

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