ACT, Courage disqualified from partylist

MANILA, Philippines - The First Division of the Commission on Elections (Comelec) denied yesterday the petitions of the Alliance of Concerned Teachers (ACT) and the union of government employees Courage for accreditation of party-list groups in the May 2010 polls, citing the lack of constituents.

In two separate resolutions, First Division presiding commissioner Rene Sarmiento and Commissioners Armando Velasco and Gregorio Larrazabal said that ACT had failed to prove that it exists in most of the regions.

The commissioners said Courage exists only in Western Visayas, Davao del Sur, a town in Lanao del Norte and Rizal and some cities in Metro Manila.

Courage also failed to submit a copy of the group’s Article of Intent and was not able to prove that it represents a “marginalized and under-represented sector.”

ACT is composed of at least 30,000 private and public school teachers while Courage consists of government employees from various agencies.

This developed as 15 party-list organizations filed yesterday their manifestations of intent to run in the 2010 party-list polls.

The groups included are Ako-Bicol, Alliance for Barangay Concerns Party, Agri-cultural Alliance for Philippines, Alliance of Volunteer Educators, Anak Mindanao, Citizens Battle Against Corruption, Biyayang Bukid, 1-Utak, Buhay, An Waray, 1-Araw, Abakada, Ako Ayoko sa Bawal na Droga, and Aba Ilongo.

The Comelec requires party-list groups joining the 2010 elections to submit the names of five nominees until March 26, 2010.

Labor group seeks relief from SC

The overseas Filipino workers support group Migrante asked the Supreme Court to stop the Comelec from implementing an order that disqualified the group in the party-list elections after the organization lost in the last two elections.

Migrante filed a petition yesterday afternoon seeking a temporary restraining order from the SC to prevent the Comelec from implementing the disqualification order.

Migrante lawyer Julius Matibag claimed that the Comelec committed grave abuse of discretion and violation of Party-list System Act after the poll body denied due process to the group.

“The Party-list System Act is clear and categorical that the registration of a party-list may be removed or canceled only after due process and hearing, and not before. Before Comelec gave Migrante the opportunity to be heard, Comelec has already canceled its registration,” he said.

The Comelec issued a resolution last Nov. 17 that upheld the poll body’s earlier decision that since Migrante lost in the 2004 polls and did not join the elections in 2007, it automatically meant that they lost in two preceding elections, thereby justifying its disqualification.

The Comelec cited the ruling of the SC in Minero vs. Comelec, where failure to participate in the elections was equated with failure to get two-percent of the total party-list votes and could be a ground for cancellation of registration.

Migrante believes that Comelec’s interpretation of the Minero case was “incorrect” as it asked the SC to affirm its stand that failure to participate is not equivalent to losing in the polls.

Matibag cited the case of five party-list groups (Visayas Farmers Party, Sagip Kapwa Foundation Inc., Visayan Association of the Philippines, Pinoy Overseas Party and Barangay Association for National Advancement and Transparency) that were allowed by the Comelec to join the 2004 elections even if they all lost in the 1998 and did not join the 2001 polls.

The group hopes the SC would issue a TRO before the Dec. 1 deadline for filing of certificates of candidacy.

Migrante chair Connie Bragas-Regalado lamented that their various chapters worldwide are also preparing respective actions to protest the Comelec decision.

She said the Comelec ruling was “a mockery of due process and disenfranchisement of millions of OFWs (overseas Filipino workers).”

“OFWs and their families deserve to have a say in government and are determined to fulfill this long sought dream. We are prepared to make sure that our call for genuine representation will reverberate not only in the Philippines but throughout the world,” she stressed.

Migrante failed to garner at least two percent of party-list votes, which was needed to win one seat, in the 2004 elections. In 2007, the group decided not to participate and informed the poll body that they planned to consolidate and strengthen their grassroots members for the 2010 elections. – With Edu Punay