NATIONAL
Advocates Philippines
SC Rules Votes For Nuisance Candidates Are Now Stray Votes
FILE
The Supreme Court has clarified how votes for nuisance candidates are treated, overturning its earlier rules. In a landmark decision penned by Associate Justice Maria Filomena D. Singh, the Court ruled that votes clearly cast for a nuisance candidate — whose certificate of candidacy is cancelled or not given due course — are now considered stray votes and will not count for any other candidate.
The ruling came from a Petition for Certiorari and Prohibition filed by Marcos “Macoy” Cabrera Amutan, who ran for Board Member of the Sanggunian Panlalawigan for Cavite’s fifth district in the 2022 elections.
Amutan was originally proclaimed one of the winners. However, after his losing opponent, Alvic Madlangsakay Poblete, was declared a nuisance candidate, votes cast for Poblete were transferred to Francisco Paolo Poblete Crisostomo, leading the Commission on Elections (COMELEC) to annul Amutan’s proclamation and declare Crisostomo a winner instead.
The Supreme Court granted Amutan’s petition, annulling the COMELEC resolutions.
Why the Change Matters
The Court explained that with the automated election system (AES), there are no longer “vague votes” because voting machines count based on the full names and aliases shaded on ballots. As a result, the treatment of votes for nuisance candidates has changed:
• Votes clearly cast for the legitimate candidate are counted for that candidate.
• Votes clearly cast for a nuisance candidate, whose candidacy is cancelled or not given due course, are considered stray votes and will not benefit anyone else.
“The previous rule had no basis in law as the clear tenor of Sections 69 and 211 of the Omnibus Election Code provides that a nuisance candidate is deemed to have never filed a certificate of candidacy and therefore the votes cast for such nuisance candidate are considered stray,” the Court explained.
This ruling sets a new standard for how votes are treated in cases involving nuisance candidates, providing clarity for both voters and election officials in future elections.
The ruling came from a Petition for Certiorari and Prohibition filed by Marcos “Macoy” Cabrera Amutan, who ran for Board Member of the Sanggunian Panlalawigan for Cavite’s fifth district in the 2022 elections.
Amutan was originally proclaimed one of the winners. However, after his losing opponent, Alvic Madlangsakay Poblete, was declared a nuisance candidate, votes cast for Poblete were transferred to Francisco Paolo Poblete Crisostomo, leading the Commission on Elections (COMELEC) to annul Amutan’s proclamation and declare Crisostomo a winner instead.
The Supreme Court granted Amutan’s petition, annulling the COMELEC resolutions.
Why the Change Matters
The Court explained that with the automated election system (AES), there are no longer “vague votes” because voting machines count based on the full names and aliases shaded on ballots. As a result, the treatment of votes for nuisance candidates has changed:
• Votes clearly cast for the legitimate candidate are counted for that candidate.
• Votes clearly cast for a nuisance candidate, whose candidacy is cancelled or not given due course, are considered stray votes and will not benefit anyone else.
“The previous rule had no basis in law as the clear tenor of Sections 69 and 211 of the Omnibus Election Code provides that a nuisance candidate is deemed to have never filed a certificate of candidacy and therefore the votes cast for such nuisance candidate are considered stray,” the Court explained.
This ruling sets a new standard for how votes are treated in cases involving nuisance candidates, providing clarity for both voters and election officials in future elections.
Dec 5, 2025
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