Last day to file petition against nuisance bets

By E.T. SUAREZ
December 5, 2009, 7:56pm

The Commission on Elections (Comelec) announced Saturday that this Sunday, December 6, is the deadline for filing of petition to declare a duly registered candidate in the May 10, 2010 elections a nuisance bet on the ground that his or her certificate of candidacy has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of registered candidates.

The Comelec, currently led by Commissoner Rene V. Sarmiento as Officer-in-Charge (OIC) or Acting Chairman pending the arrival from Europe of Chairman Jose A.R. Melo, said the petition to cancel or deny course to a certificate of candidacy could also be based on the ground that the candidate sought to be disqualified has no bona fide intention or genuine interest to run for the office for which the certificate has been filed and thus prevent a faithful determination of the true will of the electorate.

Sarmiento said that as provided in Comelec en banc Resolution 8696, the petition should be filed in 10 legible copies, personally or through duly authorized representatives, by any person of voting age or a duly registered political party, organization, or coalition of political parties.

He said the petition to disqualify a candidate could also be filed on the ground that he has been declared by final decision of a competent court guilty or, or found by the Comelec of having given money or other material consideration to influence, induce or corrupt voters or public officials performing electoral functions.

Other grounds for which a registered candidate could be disqualified are the commission of acts of terrorism to enhance his candidacy, spending for election campaign an amount in excess of that allowed by law, and solicitation, receiving or making any contribution prohibited under Sections 89, 95, 96, 97, and 104 of the Omnibus Election Code.

Upon payment of the filing fee of R5,000 and legal research fee of R50, the Office of the Clerk of the Commission shall docket the petition and assign to it a docket number, which must be consecutive according to the order of receipt, and must bear the year, it was pointed out

The Clerk of the Commission is required to calendar the motion for reconsideration for the resolution of the Comelec en banc within three days for certification, it was added.