MANILA, Philippines - The Commission on Elections (Comelec) yesterday upheld the decision of the poll body’s First Division that disqualified the Black and White Movement from participating in the 2013 polls.
Comelec Commissioner Rene Sarmiento said that five of the seven-member commission voted to affirm an earlier resolution to deny due course to the petition for accreditation of Black and White as a party-list group. The rest took no part in the voting.
The group is a known supporter of President Aquino who appointed many of its members to key positions in government, including Social Welfare Secretary Dinky Soliman, presidential peace adviser Ging Deles, and palace spokesman Edwin Lacierda.
The Black and White Movement was formed in the aftermath of the “Hello, Garci” scandal in which former President Gloria Macapagal-Arroyo was allegedly wiretapped while talking to former Comelec commissioner Virgilio Garcillano over the rigging of the 2004 presidential race.
For the 2013 polls, the group’s nominees include Leah Navarro, Marco Cabrera, Jose Morales, Mary Shinn Ramos, and Nolasco Apolonio.
So far, the Comelec has disqualified 80 party-list groups while it cancelled the accreditation of 47 others and denied registration to 33 more.
“More or less, the commission en banc adopted our resolution in the division in denying the motion for reconsideration,” noted Sarmiento in an interview.
He refused to disclose how the poll officials voted pending the promulgation of a formal resolution.
But according to Sarmiento, Black and White lacked the track record and does not have nominees from the marginalized and under-represented sector to qualify for next year’s polls.
“Although we acknowledge that they are advocates for good governance, but as far as having a track record for the marginalized or underrepresented sectors, they are short of it,” he added.
The group could question the Comelec’s decision by filing an appeal with the Supreme Court (SC), as several other disqualified groups have done.
Only 11
Meanwhile, only 11 disqualified party-list groups – not 14 as earlier reported – are covered by the ruling of the SC to stop the implementation of the Comelec orders that disqualified the groups from next year’s polls.
This was clarified yesterday when the SC released the resolution it approved in full-court session last Tuesday granting
temporary relief to three more groups.
A two-page notice of resolution issued by the high court showed that only Anad, 1Bro-PGBI and A-IPRA were consolidated to the earlier petitions covered by the status quo ante order.
There were earlier reports that the SC decided to cover six more groups – Alliance for Nationalism and Democracy (Anad), Philippine Guardian Brotherhood Inc. (1Bro-PGBI), Guardians Nationalist Phils. Inc. (1Ganap/Guardians), Agapay ng Indigenous Peoples Rights Alliance
Inc. (A-IPRA), Kaagapay ng Nagkakaisang Aguilang Pilipinong Magsasaka (Ako Agila) and Bantay – in the status quo ante order the high court issued last Nov. 13 on eight other disqualified party-list groups.
Chief Justice Ma. Lourdes Sereno had implemented a “dignified silence” policy in the SC that limited media access to the high court that was not practiced by her predecessors.
Because of this policy, the SC public information office no longer
holds regular press conferences. The release of decisions on high-profile cases also come out late, prompting reporters to rely on sources and insiders for their stories.
This policy was also blamed for the confusion over a decision regarding a case involving former President Gloria Macapagal-Arroyo weeks ago.
In a resolution dated Oct. 24, 2012, the high court’s third division said it is “enjoining the Sandiganbayan from
implementing its assailed resolution dated October 3, which ordered the issuance of an arrest warrant versus petitioner, among others.” With Edu Punay