Local Absentee Voting Act

Section 1

Any candidate for any elective office who filed his certificate of candidacy to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or who by other acts or circumstances is clearly demonstrated to have no bona fide intention to run for the office for which the certificate of candidacy has been filed, thus preventing a faithful determination of the true will of the electorate, may be declared a nuisance candidate, and his certificate of candidacy may be denied due course or may be cancelled.

Section 2

Any registered candidate for the same position may file a verified Petition to declare a candidate as a nuisance candidate.

Section 3

The Petition shall be filed personally or through an authorized representative, within five (5) days from the last day for the filing of certificates of candidacy. In case of a substitute candidate, the Petition must be filed within five (5) days from the time the substitute candidate filed his certificate of candidacy.

Section 4

The Commission may, at any time before the election, motu proprio, declare a candidate as a nuisance candidate subject to an opportunity to be heard.

Section 5

Except for motu proprio cases, Sections 3, 4, 5, 6, 7, and 8 of Rule 23 shall apply in proceedings against nuisance candidates. If the person declared as a nuisance candidate and whose certificate of candidacy has been cancelled or denied due course does not have the same name and/ or surname as a bona fide candidate for the same office, the votes cast for such nuisance candidate shall be deemed stray pursuant to Section 9 of Rule 23. If the person declared as a nuisance candidate and whose certificate of candidacy has been cancelled or denied due course has the same name and/or surname as a bona fide candidate for the same office, the votes cast shall not be considered stray but shall be counted and tallied for the bona fide candidate. However, if there are two or more bona fide candidates with the same name and/or surname as the nuisance candidate, the votes cast for the nuisance candidate shall be considered as stray votes. (as amended by COMELEC Resolution No. 9599) (as amended by COMELEC Resolution No. 9523)