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Opinion

Calling bets as nuisance, a grave abuse of discretion

WHAT MATTERS MOST - Atty. Josephus Jimenez - The Freeman

With due respect, I strongly object to the highly capricious, whimsical, and arbitrary decision of the Comelec to declare some candidates nuisances. They have no criteria or reasonable standards germane to the letter and spirit of the law. Thus, they are committing a grave abuse of discretion amounting to lack or excess of jurisdiction. Their abusive declaration should be annulled.

“Nuisance” is the language of the oppressor, the brand name hypocrites use against the poor and marginalized. The term ''nuisance candidates'' is the killer phrase that privileged members of the ruling class use to kill the dreams of the poor and uninfluential. The real nuisances are the family dynasties, the tradpols, those facing plunder cases, those detained but are still considered bona-fide candidates. Those who are in their eighties and nineties who can hardly walk but are still allowed to run. Because they are billionaires? Because they are widows of presidents? Who are the real nuisance candidates? And what are the criteria? I challenge Comelec to answer these questions.

What right has Comelec to disqualify a candidate for “making a mockery of the electoral process” In the Law subject Torts and Damages, I remember that to be a nuisance is to pose a grave and imminent danger to the health, safety, security, and well-being of the public. To be a nuisance is to be obnoxious, despicable, abominable, and reprehensible. To be a nuisance is to be rejected by the highbrow elite.

What criteria does Comelec use in determining who is a nuisance candidate and who is bona-fide? Money, the ability to wage a national campaign? A nationwide organization extensive enough to penetrate every nook and cranny of the land? Educational attainment, such a masters or doctorate degree? These are not provided for in the Constitution among the qualifications, and so, what power has Comelec to invent these as requirements to run for office? Which is more a nuisance, an actor who has not even finished high school but has money, or a lawyer who knows the nuances of legislation and the intricacies of law-making, but is poor?

This action on the part of Comelec is the unkindest cut of all. It demonstrates the elitist and the exclusionist tendencies of the ruling capitalists and their cohorts who control the nation and perpetuate poverty and social and economic injustice. If money is the only thing needed by candidates not to be branded as nuisance, then let them nominate Henry Sy, John Gokongwei, Lucio Tan, Ramon Ang, Jaime Augusto Zobel de Ayala, Enrique Razon, and Manny V. Pangilinan to become senators. Let money be included in the qualifications for senators. If popularity is the criteria, then let Coco Martin, John Lloyd Cruz, Tito Sotto, Manny Pacquiao, and soon Lito Lapid into the senate.

Comelec commissioners must accept that they are not God. They have no right to issue a very capricious act of exclusion that makes President Trump look like an angel.

vuukle comment

COMELEC

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