The Freeman

Calling bets as nuisance, a grave abuse of discretion

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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.

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