No sense candidates: A thesis on the constitutionality of Resolution no. 8696

• Main Authors: Frias, Selina Bianca D., Regala, Martin Bienn A.
• Format: text
• Language: English
• Published: Animo Repository 2016
• Subjects: Political candidates > Legal status, laws, etc. > Philippines; Presidential candidates > Legal status, laws, etc. > Philippines; Election law > Philippines; Election Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5659
• Institution: De La Salle University

The government of the Philippines is structured as that of a democratic system. Every Filipino citizen enjoys the rights and privileges that the constitution provides. Among these rights is the right to suffrage. The right to suffrage is the people's right to vote and to be voted for. This right is not absolute because there are still qualifications to be met in order for a Filipino citizen to run for office. All positions in the Philippine government have its own different requirements. This paper focused on two national level positions which are the senatorial and presidential positions. To become a candidate for elections, one must go through substantive and procedural steps and if not followed through with the proper requirements, he or she may be disqualified or may be deemed as a nuisance candidate. A nuisance candidate is a person who (a) turns the election process into a mockery (b) has a similar name to other popular politicians and (c) has no bona fide intention in running for office. In criteria letter c, the word bona fide is too broad for us, so as a solution, the COMELEC released a resolution to define what a bona fide candidate is.The COMELEC defined the third criteria as someone who has no capability to wage a nationwide campaign. The definition given may be in violation of the equal protection clause guaranteed under the Philippine constitution which makes the resolution unconstitutional. Under the hierarchy of laws, the constitution is the most superior law in the land which means laws being passed by the legislature should be in coherence with the constitution. In this case, the resolution is in violation of the equal protection clause of the 1987 Constitution of the Philippines.