PAMATONG vs. COMELEC G.R. No.

161872; April 13, 2004

FACT ! Pamatong filed his Certificate of Candidacy (COC) for President. COMELEC declared Pamatong and 35 others as nuisance candidates who could not wage a nationwide campaign and or are not nominated !y a political party or are not supported !y a registered political party with a national constituency. Pamatong filed a Petition "or #rit of Certiorari with the $upreme Court claiming that the COMELEC %iolated his right to &e'ual access to opportunities for pu!lic ser%ice& under $ection ()* +rticle ,, of the -./0 Constitution* !y limiting the num!er of 'ualified candidates only to those who can afford to wage a nationwide campaign and or are nominated !y political parties. 1he COMELEC supposedly erred in dis'ualifying him since he is the most 'ualified among all the presidential candidates* i.e.* he possesses all the constitutional and legal 'ualifications for the office of the president* he is capa!le of waging a national campaign since he has numerous national organi2ations under his leadership* he also has the capacity to wage an international campaign since he has practiced law in other countries* and he has a platform of go%ernment. " #E! ,s there a constitutional right to run for or hold pu!lic office3 R#L"NG! 4o. #hat is recogni2ed in $ection ()* +rticle ,, of the Constitution is $%r%l& ' privil%(% s)*+%,-o li$i-'-io.s i$pos%/ *& l'0. "- .%i-1%r *%s-o0s s),1 ' ri(1- .or %l%v'-%s -1% privil%(% -o -1% l%v%l o2 '. %.2or,%'*l% ri(1-. 1here is nothing in the plain language of the pro%ision which suggests such a thrust or 5ustifies an interpretation of the sort. 1he &e'ual access& pro%ision is a su!sumed part of +rticle ,, of the Constitution* entitled &6eclaration of Principles and $tate Policies.& T1% provisio.s )./%r -1% Ar-i,l% 'r% (%.%r'll& ,o.si/%r%/ .o- s%l23%4%,)-i.(, './ -1%r% is .o pl')si*l% r%'so. 2or ',,or/i.( ' /i22%r%.- -r%'-$%.-o -1% 5%6)'l ',,%ss5 provisio. . Li7e the rest of the policies enumerated in +rticle ,,* the pro%ision does not contain any 5udicially enforcea!le constitutional right !ut $%r%l& sp%,i2i%s ' ()i/%li.% 2or l%(isl'-iv% or %4%,)-iv% ',-io.. O!%iously* the pro%ision is not intended to compel the $tate to enact positi%e measures that would accommodate as many people as possi!le into pu!lic office. Moreo%er* the pro%ision as written lea%es much to !e desired if it is to !e regarded as the source of positi%e rights. "- is /i22i,)l- -o i.-%rpr%-1% ,l')s% 's op%r'-iv% i. -1% '*s%.,% o2 l%(isl'-io. si.,% i-s %22%,-iv% $%'.s './ r%',1 'r% .oprop%rl& /%2i.%/. 8roadly written* the myriad of claims that can !e su!sumed under this ru!ric appear to !e entirely open9ended. #ords and phrases such as &e'ual access*& &opportunities*& and &pu!lic ser%ice& are suscepti!le to countless interpretations owing to their inherent impreciseness. Certainly* it was not the intention of the framers to inflict on the people an operati%e !ut amorphous foundation from which innately unenforcea!le rights may !e sourced. 1he pri%ilege of e'ual access to opportunities to pu!lic office may !e su!5ected to limitations. o$% v'li/ li$i-'-io.s sp%,i2i,'ll& o. -1% privil%(% -o s%%7 %l%,-iv% o22i,% 'r% 2o)./ i. -1% provisio.s o2 -1% O$.i*)s El%,-io. Co/% o. 5N)is'.,% C'./i/'-%s.8 As lo.( 's -1% li$i-'-io.s 'ppl& -o %v%r&*o/& %6)'ll& 0i-1o)- /is,ri$i.'-io., 1o0%v%r, -1% %6)'l ',,%ss ,l')s% is .oviol'-%/. 1he rationale !ehind the prohi!ition against nuisance candidates and the dis'ualification of candidates who ha%e not e%inced a bona fide intention to run for office is easy to di%ine. T1% -'-% 1's ' ,o$p%lli.( i.-%r%s- -o %.s)r% -1'- i-s %l%,-or'l %4%r,is%s 'r% r'-io.'l, o*+%,-iv%, './ or/%rl& . 1owards this end* the $tate ta7es into account the practical considerations in conducting elections. ,ne%ita!ly* the greater the num!er of candidates* the greater the opportunities for logistical confusion* not to mention the increased allocation of time and resources in preparation for the election. 1he organi2ation of an election with !ona fide candidates standing is onerous enough. To '// i.-o -1% $i4 ,'./i/'-%s 0i-1 .o s%rio)s i.-%.-io.s or ,'p'*ili-i%s -o r). ' vi'*l% ,'$p'i(. 0o)l/ ',-)'ll& i$p'ir -1% %l%,-or'l pro,%ss.. 1he poll !ody would !e !ogged !y irrele%ant minutiae co%ering e%ery step of the electoral process* most pro!a!ly posed at the instance of these nuisance candidates. ,t would !e a senseless sacrifice on the part of the $tate.

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