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An-Waray lost its party-list registration
By Nidz Godino
“Clearly, both Constitution and statute Republic Act No. 7941 categorically vest in Comelec power and authority to decide on matters relating to organization’s participation in party-list system from grant or denial of its petition for registration as party, organization or coalition to participate in party-list elections, to cancellation of previously granted registration,” high court’s decision read party-list group with seat in House of Representatives (HoR) has lost its party-list registration.
In decision promulgated on August 6 but was only released on Monday, September 16, Supreme Court upheld Commission on Elections (Comelec) resolution canceling registration of An-Waray party-list, group based in Samar, Leyte and Biliran.
Affirming poll body’s resolution, high court said Comelec did not commit grave abuse of discretion when it canceled party list’s registration, citing Republic Act (RA) 7491 or Party List System Act.
According to Supreme Court, party list violated Section 6 (5) of RA 7491. Under provision, violation of election laws or its rules is ground for cancellation of party-list’s registration.
During 2013 elections, An-Waray should only have one seat in HoR. However, due to some circumstances, its seats increased to two, allowing its second nominee to secure seat.
An-Waray was among 14 party-list groups initially declared winners, garnering 541,205 votes.
National Board of Canvassers (NBOC) then cancelled registration of certain party-list groups, leading to reallocation of seats and increasing An-Waray’s representation to two seats.
Resolution included condition adjustments could be made based on future proclamations of other party-list groups.
Subsequently, NBOC issued Certificate of Proclamation to An Waray, allowing its first nominee, Neil Montejo, to assume seat in HoR for 16th Congress.
Montejo took his oath on June 26, 2013, while An Waray’s second nominee, Victoria Isabel Noel, took her oath on July 13, 2013, based on vote tally in NBOC resolution.
On Oct. 22, 2013, Supreme Court reversed Comelec’s cancellation of Abang Lingkod’s party-list registration, ordering party’s proclamation as one of the winners in 2013 elections.
Following this, on Aug, 20, 2014, Comelec issued new NBOC resolution finalizing party-list seat distributions based on Supreme Court’s computation.
In this resolution, An-Waray was allocated only one guaranteed seat.
Jude Acidre, second nominee of Tingog Party List, and Danilo Pornias Jr. filed petition for cancellation of An-Waray’s registration due to election violations under Section 6 (5) of RA 7491.
In response, An-Waray argued that since Noel assumed party’s second seat in 2013, no objections had been raised regarding her position.
They emphasized second nominee was able to fully carry out her responsibilities as party list’s representative without interruption, as per NBOC Resolution remains in effect and has not been revoked or amended by Comelec.
An-Waray emphasized that Noel fully carried out her responsibilities as party list’s representative without interruption, as per NBOC Resolution, had not been revoked or amended by Comelec.
They contended that petition lacked any legal grounds to suggest that An Waray or Noel violated election laws.
Comelec Second Division granted Acidre and Pornias’s petition on June 2, 2023. This decision was affirmed by Comelec’s en banc on Aug. 14, 2023.
This prompted An-Waray to file petition before Supreme Court, arguing that Comelec lacked jurisdiction and that House of Representatives Electoral Tribunal (HRET) should handle the case.
Supreme Court denied petition of An-Waray, saying that Comelec has “exclusive jurisdiction” over party-list registration cancellations.
High court explained HRET only handles cases involving election, returns and qualifications of sitting members of HoR.
To figure out whether HRET should take over case, Supreme Court explained it uses two-step process: first, determining if case deals with election disputes or qualifications of respondent, and second, if respondent is already Member of House.
In An-Waray’s case, court decided that it did not fall under HRET’s jurisdiction, as party list itself is not considered “member” of House only its nominees are, and they must meet qualifications avoid disqualifications.
In relation to sitting members of House, Supreme Court explained issue is not about proclamation of Noel but rather about party list’s registration, which is why it does not fall under jurisdiction of HRET.
“Despite notice of such resolution indicating that it secured only one seat in HoR after 2013 NLE, An Waray continued to occupy second seat through Victoria until the end of her term. This was clear defiance of NBOC Resolution No. 13-030 (PL)/0004-14 in relation to Section 6(5) of Republic Act No. 7941,” the court’s decision read.
In the case of An-Waray, Supreme Court explained petitions to disqualify or cancel Certificate of Candidacy of winning candidate for HoR must be resolved within about four months.
After this period, jurisdiction over the case shifts to HRET.
Once HRET’s authority takes effect, neither Comelec nor Supreme Court can continue handling the case, even if electoral tribunal has not yet received actual complaint.
“In other words, Comelec or court on review is without discretion but to dismiss case pending before it if HRET’s jurisdiction has already attached because respondent candidate has already become Member of HoR,” court’s decision read.
High court further explained that for cases involving sitting members of House, key issue is whether matter falls under HRET’s jurisdiction. If it does, Comelec or court must dismiss the case, as they no longer have authority to decide.
On Tuesday, September 17, Akbayan party-list has called on Comelec to proclaim them winner of 2022 elections, following cancellation of An-Waray’s party list registration.
According to Akbayan, poll body has no legal obstacles to proclaiming them as winner of the seat.
“Next logical and legal step is for Comelec to proclaim Akbayan as rightful holder of last available seat,” Akbayan’s statement read.
However, Comelec Chairman George Garcia clarified cancellation of party list’s registration does not automatically remove its seat in Congress.
“It is subject to wisdom of Congress as it is membership issue…removal and acceptance of members is call of Congress,” poll body chief explained .
During 2022 elections, Akbayan placed 57th, just one spot shy of 56 party-list groups that were proclaimed winners. Party -list fell short of around 2,000 votes to secure last seat.
This was Akbayan’s second consecutive defeat since 2019 elections. Before 2019, Akbayan had consistently secured spot in party-list seats since joining congressional polls in 1998.
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