COMELEC also cannot prevent persons from filing certificates of candidacy even if they were declared a nuisance candidate in the past. The election body could also determine those who aspire to run as
Independents as nuisance candidates if they could not prove their capacity to independently launch an election campaign. The capability to launch a campaign is not necessarily equate to the financial resources of an aspirant. A candidate may have enough supporters to conduct a campaign. The
Supreme Court ruled in
Marquez vs. COMELEC that not being financially capable to mount a nationwide campaign is not a reason for the commission to declare someone as a nuisance candidate. During the
18th Congress, a bill has been proposed imposing a fine on aspirants who were deemed to be nuisance candidates.
Marquez v. Comelec In the case of Norman Marquez, a
Baguio-based animal welfare advocate who was not allowed by the
Commission on Elections to run
for senator in
the 2019 and
2022 elections, he twice challenged the orders declaring him a nuisance candidate; the
Supreme Court also ruled in his favor. The court first issued a landmark ruling at a time after
the elections which nullified such declaration; stated that the Comelec "committed grave abuse of discretion" in such declaration ==Notable nuisance candidates==