Supreme Court upholds disqualification of Magdalo party in 2010 polls

MANILA, Philippines - The Supreme Court (SC) has upheld the disqualification of Magdalo Para sa Pagbabago of Sen. Antonio Trillanes IV as political party in the 2010 elections.

The high court upheld the rulings of the Commission on Elections (Comelec) in October 2009 and January 2010 in denying registration and accreditation to the group.

The SC said Comelec “did not commit grave abuse of discretion in denying the Petition for Registration filed by Magdalo.”

But the SC clarified its ruling was “without prejudice to the filing anew of a petition for registration by Magdalo.”

“In view of the subsequent amnesty granted in favor of the members of Magdalo, the events that transpired during the Oakwood incident can no longer be interpreted as acts of violence in the context of the disqualifications from party registration,” the high court said in the decision penned by Associate Justice Ma. Lourdes Sereno.

The high court said it is not unmindful of the apprehensions of Comelec as regards the use of violence.

Thus, the ruling stated that should Magdalo decide to file another petition for registration, “its officers must individually execute affidavits renouncing the use of violence or other harmful means to achieve the objectives of their organization.”

“Further, it must also be underscored that the membership of Magdalo cannot include military officers and/or enlisted personnel in active service, as this act would run counter to the express provisions of the Constitution,” the SC said.

On July 2, 2009, Magdalo filed its petition with the Comelec, seeking accreditation as a regional political party based in Metro Manila to participate in the May 10, 2010 general elections.

Magdalo was represented by Trillanes as its chairman and its secretary-general Francisco Ashley Acedillo in filing the petition before the Comelec.

The Comelec then ordered Magdalo to make public its petition by advertising the same in three daily newspapers of general circulation and set the hearing on Sept. 3, 2009.

In compliance, Magdalo caused the publication of their petition in HATAW! No. 1 sa Balita, Saksi sa Balita and BOMBA BALITA (Saksi sa Katotohanan).

On Oct. 26, 2009, the Comelec Second Division issued its resolution denying the petition filed by Magdalo.

The ruling held that Magdalo should be refused registration in accordance with Article IX-C, Section 2(5) of the Constitution.

“It is common knowledge that the party’s organizer and chairman, Sen. Antonio F. Trillanes IV, and some members participated in the takeover of the Oakwood Premier Apartments in Ayala Center, Makati City on July 27, 2003, wherein several innocent civilian personnel were held hostage. This and the fact that they were in full battle gear at the time of the mutiny clearly show their purpose in employing violence and using unlawful means to achieve their goals in the process defying the laws of organized societies...” the Comelec ruling said.

Magdalo then questioned the ruling before the high court after the Comelec denied their motion for reconsideration.