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January 19, 2026 | 4:44pm
Francis Leo Marcos, along with Comelec Commissioner George Garcia during Marcos' withdrawal of his certificate of candidacy in 2025.
Commission on Elections / Released
MANILA, Philippines — The Supreme Court has cited former senatorial candidate Francis Leo Marcos for indirect contempt over his withdrawal from the 2025 senatorial race after securing court relief.
In a decision dated Sept. 30, 2025, but released to the media on Monday, January 19, the high court ordered Marcos to pay a P30,000 fine, saying his actions made a "mockery" of the judicial process.
"His conduct not only erodes public confidence in the integrity of the electoral process, but also diminishes the dignity and respect owed to judicial authority, effectively making a mockery of both institutions," the court said in a ruling penned by Associate Justice Filomena Singh.
"The Court will not tolerate such conduct," it added.
The case stemmed from Marcos' filing of a certificate of candidacy for the 2025 senatorial elections.
The Commission on Elections later declared him a nuisance candidate, citing his lack of political affiliation, the absence of a concrete platform, and the risk of voter confusion due to his surname's similarity to that of Sen. Imee Marcos.
Marcos elevated the case to the Supreme Court, arguing that the Comelec violated his rights to due process and equal protection. The court issued a temporary restraining order preventing the poll body from removing his name from the ballot while the case was pending.
Withdrawal after TRO
Two days after the TRO was issued, the Comelec informed the court that Marcos had voluntarily withdrawn his candidacy.
The withdrawal rendered his petition moot, prompting the poll body to delete his name from its database and proceed with ballot printing.
The Supreme Court later ordered Marcos to explain why he should not be cited for contempt, citing what it described as a profound lack of respect for judicial processes.
In his explanation, Marcos apologized to the court and said he withdrew to prevent government waste. He claimed he stepped down after learning that ballot printing had already begun, to avoid delays and additional costs for the state.
The ruling: No live controversy
The Supreme Court ruled that Marcos' withdrawal extinguished the legal controversy, leaving no actual case or controversy for the court to resolve.
It said there was no longer a live issue on whether the Comelec committed grave abuse of discretion in declaring him a nuisance candidate.
Citing jurisprudence, the court stressed that judicial power may only be exercised when there is an actual case involving legally demandable and enforceable rights. It said none of the recognized exceptions allowing courts to rule on moot cases applied.
"Under the circumstances, there is no threat of grave injustice or irreparable injury against Francis, and he will not be prejudiced by any subsequent actions of the Comelec," the ruling read.
With no continuing controversy, the court said ruling on the petition would amount to an advisory opinion, which is constitutionally prohibited.
As a consequence, the Supreme Court lifted the TRO it issued on Jan. 21, 2025, and declined to act on Sen. Marcos' motion to intervene, saying the lifting of the TRO already addressed the relief sought.
