Disqualified party-list group seeks SC relief

MANILA, Philippines - The Ako Bicol (AKB) party-list group has asked the Supreme Court (SC) to stop the Commission on Elections (Comelec) from disqualifying it from participating in next year’s elections.

In an 86-page petition for certiorari and prohibition, AKB asked the SC to issue a temporary restraining order, citing alleged lack of jurisdiction and grave abuse of discretion of the Comelec.

Represented by retired SC justice Vicente Mendoza, the group sought the nullification of the Comelec resolution issued last Oct. 10.

“AKB was not given notice stating the grounds for investigation or review for its accreditation as a party-list... Petitioner was not given opportunity to be heard,” the group added.

AKB cited the claim of Comelec Chairman Sixto Brillantes that there is no exact legal definition for “marginalized and underrepresented sector.”

“Respondent Comelec has no power to determine the qualifications of party-list representatives and impose arbitrary assumption that to be qualified as a party-list, petitioner must represent financially poor and destitute constituents,” the group said. AKB said the previous Comelec position that marginalized and underrepresented sectors are those that could not win in district elections should prevail.

“A party-list must represent marginalized and under-represented groups, but it is a mistake to think that these sectors are the only marginalized and underrepresented sectors of society and that these sectors are necessarily financially poor and destitute,” the group said.

AKB insisted it is qualified under the party-list system as previously ruled by Comelec and Republic Act 7941 or the Party-list System Act.

AKB said the issue also involves the right to suffrage, especially of the 1,522,986, who voted for them in the 2010 polls.

AKB topped the party-list elections in May 2010 and earned three seats in the House of Representatives now occupied by Reps. Rodel Batocabe, Christopher Co and Alfredo Garbin Jr.

AKB submitted to the SC a list of its accomplishments, including the 270 bills and 73 resolutions they have filed in Congress and their various projects nationwide. 

‘Disqualify Bayan Muna, too’

Ako Bicol also asked the Comelec to disqualify Bayan Muna, saying it does not represent a marginalized sector.

“Bayan Muna cannot claim a monopoly in serving the interest of the Filipino people, particularly the marginalized and underrepresented sectors,” Batocabe said. “They cannot just monopolize the party-list elections by disqualifying legitimate party-list groups.”

Batocabe said Bayan Muna, along with Pamalakaya and Kontra Daya party-list groups, want Ako Bicol party-list disqualified because 90 percent of their votes shifted to AKB in the 2010 elections.                    

The New Guardians for Freedom and Democracy, People’s Advocacy for Collaboration and Empowerment and Pro Democracy Foundation of the Philippines earlier asked the Comelec to disqualify Bayan Muna, along with Gabriela, Anakpawis, Alliance of Concerned Teachers, Kabataan, and Katribu Indigenous Peoples Sectoral Party. 

ALAM disqualified

Comelec Commissioner Rene Sarmiento said the commission has affirmed its previous decision disqualifying Alab ng Mamamahayag (ALAM) party-list.

Aside from members of the media, ALAM claims to represent laborers, indigenous people, urban poor, victims of titling syndicates and farmers.

ALAM has for its nominees Jerry Yap, Berteni Causing, Benny Antiporda, Analiza dela Camara-Paz, and Joey Venancio.

The group alleged that people from the Comelec tried to extort P3 million from them in exchange for accreditation.

 “It doesn’t speak well of the organization to make a series of allegations of bribery and to state openly that there is no evidence. Be careful with allegations if names are involved,” Sarmiento said.

Mikey not running

Meanwhile, Ang Galing Pinoy (AGP) Rep. Juan Miguel Arroyo said he would not contest the decision of the Comelec to disqualify his party-list group.

Arroyo said he is no longer interested in politics and has no more plans of running for public office.

“I won’t speak anymore on the matter. Anyway, I’m no longer the nominee and there are new nominees in the party-list group,” Arroyo said in a telephone interview.

He said it would be up to the present leadership of the AGP, which is supposed to represent tricycle drivers and private security guards, to decide on their next move.  

No to Palace intervention

As this developed, poll watchdog Kontra Daya called on Malacañang not to interfere with the decision of the Comelec in choosing the party-list groups that could run in next year’s elections.        

Kontra Daya convenor Fr. Joe Dizon said the Comelec must uphold the strict standard set by the party-list system that bars groups and individuals who do not represent the underrepresented and marginalized.      

The poll body has so far disqualified 50 party-list organizations since it began cleansing the list early this month.       

Aside from Akbayan and Black and White Movement, Dizon said Ang Kasangga of big businessman Teodorico Haresco, AFP-linked Alliance for Nationalism and Democracy, Ang Mata’y Aalagaan of the family of Justice Presibitero Velasco and Bagong Henerasyon of former Quezon City councilor Bernadette Herrera are among the “sham party-list groups.”     

Meanwhile, the militant Bagong Alyansang Makabayan-Sinirangang Bisayas or Makabayan-EV based in Tacloban City, Leyte wants the An Waray party-list disqualified.

In a statement, Rogelio Berino of Makabayan said An Waray party-list Rep. Florencio Noel is the husband of Malabon congresswoman Jane Lacson-Noel and thus “financially capable to compete in the regular congressional district elections.” 

Berino added that Noel is the 28th richest among the 56 party-list congressmen as of 2011, with a net worth of P13.1 million.

He said the other An Waray representative, Neil Benedict Montejo, is the 19th richest party-list congressman with a net worth of P19.69 million. 

– With Celso Amo, Mayen Jaymalin, Paolo Romero, Lalaine Jimenea