3 party-list groups fail to get SC relief

MANILA, Philippines - While two disqualified but winning party-list groups got relief from the Supreme Court (SC), three other groups that also fought their last-minute disqualification by the Commission on Elections (Comelec) were not as fortunate.

In special session Wednesday, justices of the high court decided not to issue a temporary restraining order sought by Binhi Partido ng mga Magsasaka Para sa mga Magsasaka (Binhi), Alliance for Nationalism and Democracy (ANAD) and 1st Kabalikat ng Bayan Ginhawang Sangkatauhan (1st Kabagis).

All three petitioners questioned before the high court their disqualification, but failed to garner enough votes to win a seat in the House of Representatives.

Senior Citizens and Abang Lingkod were also disqualified by the Comelec but garnered votes in the May 13 elections that were significant enough to secure seats in the House of Representatives.

In separate resolutions, the high tribunal instead ordered the Comelec to first answer the petitions of Binhi, ANAD and 1st Kabagis within 10 days.

“The court resolved, without giving due course to the petition, to require the respondent to comment on both the petition and prayer for the issuance of a TRO within a non-extendable period of 10 days from notice hereof,” read the resolutions signed by SC Clerk of Court Enriqueta Vidal.

The three groups argued they were denied due process because the Comelec did not conduct summary evidentiary hearing as what the SC had ordered in its ruling last April remanding the cases of disqualified party-list groups to the poll body for review of qualifications based on new six-point parameters.

The groups sought urgent relief from the SC, believing they could win seats in the party-list polls based on partial and unofficial tallies reported in the media.

In the same session last Wednesday, the SC ordered the Comelec to lift the disqualification on Senior Citizens and Abang Lingkod.

The high court also ordered the Comelec to reserve a seat or seats for the Senior Citizens party-list, which got more than 600,000 votes in the May 13 polls.

The two groups’ respective proclamations were also held in abeyance. Abang Lingkod was able to get more than 200,000 votes in last month’s elections.

Following the SC order, the Comelec is reportedly planning to reduce the seats allocated for the top winning party-list groups to allow one seat each for Senior Citizens and Abang Lingkod.

Cagayan de Oro City Rep. Rufus Rodriguez, a member of the House of Representatives Electoral Tribunal (HRET), said Comelec cannot take away congressional seats that it has already awarded to proclaimed party-list winners.

He said Comelec has already lost jurisdiction over proclaimed party-list winners.

“According to the Constitution and jurisprudence, the moment the Comelec proclaims district and party-list winners, it loses jurisdiction over issues relating to their qualifications and election, and the HRET acquires jurisdiction over these issues,” Rodriguez said.

“Comelec cannot withdraw the seats it has proclaimed as having been won by a party-list group. There is no such thing,” he said.

Aside from the issue of legality, Rodriguez said there is also the issue of fairness.

“These groups were proclaimed in a nationally televised proceeding. And now Comelec will deprive them of their seats. They will complain that it’s unfair, and it really is,” he added.

Under the poll body’s plan, Buhay, which topped the party-list race with about 1.6 million votes, would be reduced to two representatives, instead of three, while Magdalo and An Waray would have only one seat each, instead of two.

Comelec would give the three seats taken away from these groups to a party representing Senior Citizens and Abang Lingkod, whose disqualification by the commission has been stayed by the SC.

Comelec has reserved five congressional seats for five groups that have obtained a much smaller number of votes but which it has not proclaimed.

What the Comelec should do, Rodriguez suggested, is to reserve two seats for Senior Citizens and one for Abang Lingkod from the five still unfilled seats, and give those seats to these two groups in case there is a final decision that they are qualified.             – With Jess Diaz, Sheila Crisostomo