Comelec commissioners slapped with contempt

The Supreme Court held in contempt Commission on Elections members who failed to implement the 20 January 2022 restraining order directing the inclusion of Wilson Caritero Amad in the printing of the ballots as candidate for vice president in the last 9 May election.

The SC in its 5 July decision made public last 22 November, the SC ruled that the members of the Comelec “are found guilty of contempt of the Supreme Court for their disobedience to the Court’s lawful directive, specifically the Temporary Restraining Order dated 20 January 2022. Accordingly, they are reprimanded for this disobedience.”

The High Court stressed that the composition of the Comelec has changed since the issuance of the TRO and its consequent violation.

“As such, the Court clarifies that the resolution of this case only affects the Comelec and its membership who were the ones directly responsible for the TRO’s violation,” it stressed.

The ruling was issued on the petition of Amad against the 13 December 2021 and 3 January 2022 resolutions of the Comelec declaring him a “nuisance candidate,” cancelled his certificate of candidacy and disqualified him in the election for vice president.

The SC decision, written for the full court by Associate Justice Samuel H. Gaerlan, the members of the Comelec en banc (full commission) who issued the 3 January 2022 ruling were chairman Sheriff M. Abas, who wrote the resolution, and Commissioners Ma. Rowena Amelia V. Guanzon, Socorro B. lnting, Marlon S. Casquejo, Antonio T. Kho Jr. and Aimee P. Ferolina, concurring.

Amad filed his certificate of candidacy for vice president on 7 October 2021 and on 11 October , the Comelec — on a motu proprio petition — sought the declaration of Amad as a “nuisance candidate.”

The poll body said that Amad “does not appear to have a genuine intention to run for public office; does not have a nationwide network of supporters; is not personally capable of persuading a substantial number of voters from different parts of the country; and is not virtually known to the entire country except possibly in the locality where he resides.”

On 13 December 2021, the Comelec’s first division declared Amad a “nuisance candidate” as it declared: “As a media broadcaster, catechist and advocate, Respondent, may have a solid support in the areas within the coverage of these endeavors: Northern Mindanao. But the same does not hold true when viewed in the National context.”

Amad appealed the ruling before the Comelec en banc, which, on 3 January 2022, denied his appeal. On 4 January 2022, he filed a petition before the SC challenging the Comelec’s resolution.

His petition was denied by the SC “insofar as it has become moot and academic.”