G.R. No. 277419 - FERNANDO "DING" F. DIAZ, VS. COMMISSION ON ELECTIONS.

Ruling

WHEREFORE , premises considered, the Commission (Second Division) RESOLVED , as it hereby RESOLVES to GRANT the Petitions. The Certificates of Candidacy of CELESTE ILAO AGUILAR, ANTONIO ABRIL PAR, EDUARDO QUIRINO BAUTISTA, MIGUELINO LANIC CATURAN, ISMAEL CATILOC BAJO, HERNANDO BAROGA BRUCE, JOEL ABATONON APOLINARIO, ROBERTO SONTOSIDAD SEMBRANO, FERNANDO FABIAN DIAZ, and OMAR MANAGSA TOMANONG are hereby CANCELLED. SO ORDERED . [15] (Emphasis in the original) The COMELEC Second Division concurred with the Law Department's assessment that such candidates filed their COCs to put the election process in mockery or disrepute, and that they had no bona fide intention to run for office. [16] According to the COMELEC Division, said candidates filed their COCs merely to gain attention or to promote personal agendas without a serious commitment to public service. [17] The candidates' behavior during the filing of their COCs reflected a lack of serious intent, capability, or suitability for public office. Such absence of a true intention to govern was manifest considering that none of these candidates, including Diaz, had a clearly defined agenda or policy positions, and were lacking a coherent message, concrete plans, or viable solutions. Resultantly, the COMELEC Division ordered the cancellation of all of their COCs. [18] On November 8, 2024, Diaz filed his Motion for Reconsideration. [19] Ruling of the COMELEC En Banc In a November 29, 2024 Resolution, the COMELEC En Banc ruled against Diaz's Motion for Reconsideration for lack of merit. The dispositive portion reads: WHEREFORE , premises considered, the Commission ( En Banc ) RESOLVED , as it hereby RESOLVES, to DENY this Motion for Reconsideration. [20] (Emphasis in the original) The COMELEC En Banc found no cogent reason to depart from the assailed Omnibus Resolution because the arguments raised in the Motion were a mere rehash of the positions already raised. [21] On December 5, 2024, the Clerk of the Commission issued a Certificate of Finality [22] and an Entry of Judgment [23] for the November 29, 2024 Resolution. Aggrieved, Diaz sought recourse from this Court through the present Petition for Review on Certiorari [24] filed on December 17, 2024, charging the COMELEC with grave abuse of discretion for declaring him a nuisance candidate. Diaz essentially argues that the assailed rulings have effectively shifted the burden of proof upon him when jurisprudence has established that it is the COMELEC Law Department which should adduce substantial evidence in support of its petition to declare someone a nuisance candidate. There was absolutely no explanation how he supposedly committed such mockery or has enmeshed the electoral process in disrepute by the mere filing of his COC. [25] Diaz also disputes his alleged lack of a bona fide intention to run for senator, and lack of national outlook, by referencing his nomination as the official candidate by PPP, a political party accredited by the COMELEC itself