Lack of campaign funds not grounds to declare one a ‘nuisance candidate,’ SC rules

January 13, 2025 , 12:01 PM

(January 13, 2025) – The Supreme Court reiterated on Monday that an individual’s lack of funds to support a nationwide campaign is not sufficient grounds to disqualify or classify them as a “nuisance candidate.”

Biniyang-diin ng Supreme Court #SC na hindi batayan ang kakulangan sa pondo ng isang kandidato para sa nationwide campaign para ituring siya bilang "nuisance candidate." #News5 pic.twitter.com/U9ayhhVkZK
— News5 (@News5PH) January 13, 2025

This came after the SC En Banc overturned the Commission on Elections’ (COMELEC) resolutions canceling a business owner Juan Olila Ollesca’s certificate of candidacy (COC) for the 2022 presidential race.

Ollesca filed his candidacy as an independent candidate in October 2021, but shortly after, the COMELEC Law Department petitioned to have him declared a nuisance candidate. The commission argued that Ollesca was relatively unknown and lacked the necessary resources to fund his nationwide campaign.

The COMELEC Second Division granted the petition and declared Ollesca a nuisance candidate, while the COMELEC En Banc denied his motion for reconsideration.

However, the SC reversed the COMELEC’s decision, emphasizing the fundamental democratic right of every citizen to run for public office.

“A candidate’s financial capacity to sustain the rigors of waging a nationwide campaign does not necessarily equate to a bona fide intention to run for public office,” the decision reads.

The ruling also highlighted that the law defines nuisance candidates as those intending to make a mockery of the election process or causing confusion among voters.

“To declare someone a nuisance candidate, the COMELEC must show evidence to prove that the person does not genuinely or seriously intend to run for public office. It can look at factors such as a candidate’s inability to organize a campaign due to not being nominated by a political party, or the lack of a past record of public service.”

“The ability to fund a nationwide campaign, being a political party member, having nationwide recognition, and the likelihood of success do not alone determine whether a candidate has a genuine intention to run for public office,” SC added.

Mere financial incapacity does not meet these thresholds, the SC stressed.

This landmark decision underscores the court’s commitment to safeguarding electoral inclusivity and ensuring that individuals are not unfairly disqualified based solely on their economic status.

(AAD)

Privacy Statement

Our Privacy Commitment

TV5 Network Inc. values and respects your privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.

We have developed a Privacy Policy that adopts and observes appropriate standards for personal data protection. While our Privacy Policy sets out the general principles governing the collection, use, and disclosure of our users’ personal information, our Privacy Commitment seeks to inform you more about TV5’s privacy practices.

Why do we collect your personal information (as applicable)?

We may collect and maintain basic information about you as site user of TV5 sites for the following purposes:

To deliver news and updates on current events, sports, esports and entertainment;
To share livestreams of news and sports events;
To understand our viewers’ needs and preferences;
To meet legal and regulatory requirements; and
To perform other processes or disclosures that are required to comply with pertinent laws, rules, or regulations.

Where do we get your personal information?

There are several ways we collect your personal information.

Information that you personally provided.

Most of the personal information we have are those that you have provided us when you:
- Register to our programs or services;
- Inquired, filed a complaint or requested for our services;
- Took part in our research and surveys; and/or
- Became our Partner, Vendor, Contractor or Supplier.

Information we collect during your engagement with us

We also collect information as you use our products and services, like:
- Viewing our websites;
- Activities that are being tracked by our website cookies;
- Calling our hotline;
- Using our apps, websites, and self-service channels and portals; and/or
- Joining our promos, prize raffles, or rewards and loyalty programs.

Information we collect from other sources

Other means of collection of information may be through:
- Our market research initiatives;
- When you visit and use our websites and mobile application; and
- Subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.

When do we disclose personal information?

There may be instances when we are required to share the information you provided us. In such cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels and in compliance with the Data Privacy Act and other privacy laws.

We will never share, rent, or sell your personal information to third parties outside of TV5 except in special cases where you have given consent, and in cases described in our privacy policy.

In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with our service providers, contractors, and professional advisers who help us provide our services.

How we protect your personal information

The integrity, confidentiality, and security of your information is important to us. We have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities.

We also put in effect the following safeguards:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We keep your information only for as long as it is necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims;
We limit the access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
We promptly notify you and the National Privacy Commission when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person; and
We let you update your information securely to keep our records accurate.

TV5 will not collect, use, or disclose your personal information for any purpose other than the purpose that you may have given your consent for.

What are your choices?

We make sure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you may object or withdraw your consent and/or edit your consent preferences at any time.

If you wish to have access to the personal information in our custody or if you think that the personal information you provided is incomplete, or otherwise inaccurate, you may get in touch with our Data Protection Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect requested changes.

Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
Mandaluyong City
tv5dataprivacy@tv5.com.ph

What happens when there are changes in our Policy?

From time to time, we may update our privacy policy and practices to comply with changes in applicable laws and regulatory requirements, adapt to new technologies and protocols, and align with the best practices of the industry.

You will be provided notices if the changes are significant and, if we are required by law, we will obtain your updated consent.