How An Waray lost its party-list registration
MANILA, Philippines — A party-list group with a seat in the House of Representatives (HoR) has lost its party-list registration.
In a decision promulgated on August 6 but was only released on Monday, September 16, the Supreme Court upheld the Commission on Elections (Comelec) resolution canceling the registration of the An Waray party-list, a group based in Samar, Leyte and Biliran.
Affirming the poll body’s resolution, the high court said that the Comelec did not commit grave abuse of discretion when it canceled the party list’s registration, citing Republic Act (RA) 7491 or the Party List System Act.
According to the Supreme Court, the party list violated Section 6 (5) of RA 7491. Under the provision, violation of election laws or its rules is a ground for the cancellation of a party-list’s registration.
The backstory
During the 2013 elections, An Waray should only have one seat in the HoR. However, due to some circumstances, its seats increased to two, allowing its second nominee to secure a seat.
An-Waray was among the 14 party-list groups initially declared winners, garnering 541,205 votes.
The National Board of Canvassers (NBOC) then cancelled the registration of certain party-list groups, leading to a reallocation of seats and increasing An Waray’s representation to two seats.
The resolution included a condition that adjustments could be made based on future proclamations of other party-list groups.
Subsequently, the NBOC issued a Certificate of Proclamation to An Waray, allowing its first nominee, Neil Montejo, to assume a seat in the HoR for the 16th Congress.
Montejo took his oath on June 26, 2013, while An Waray’s second nominee, Victoria Isabel Noel, took her oath on July 13, 2013, based on the vote tally in the NBOC resolution.
What changed the situation
On Oct. 22, 2013, the Supreme Court reversed Comelec’s cancellation of Abang Lingkod’s party-list registration, ordering the party’s proclamation as one of the winners in the 2013 elections.
Following this, on Aug, 20, 2014, Comelec issued a new NBOC resolution finalizing party-list seat distributions based on the Supreme Court’s computation.
In this resolution, An Waray was allocated only one guaranteed seat.
Jude Acidre, the second nominee of the Tingog Party List, and Danilo Pornias Jr. filed a petition for the cancellation of An Waray’s registration due to election violations under Section 6 (5) of RA 7491.
In response, An Waray argued that since Noel assumed the party’s second seat in 2013, no objections had been raised regarding her position.
They emphasized that the second nominee was able to fully carry out her responsibilities as the party list’s representative without interruption, as per NBOC Resolution which remains in effect and has not been revoked or amended by the Comelec.
An-Waray emphasized that Noel fully carried out her responsibilities as the party list’s representative without interruption, as per the NBOC Resolution, which had not been revoked or amended by Comelec.
They contended that the petition lacked any legal grounds to suggest that An Waray or Noel violated election laws.
The Comelec Second Division granted Acidre and Pornias’s petition on June 2, 2023. This decision was affirmed by Comelec’s en banc on Aug. 14, 2023.
This prompted An Waray to file a petition before the Supreme Court, arguing that Comelec lacked jurisdiction and that the House of Representatives Electoral Tribunal (HRET) should handle the case.
What the SC decision means
The Supreme Court denied the petition of An Waray, saying that the Comelec has “exclusive jurisdiction” over party-list registration cancellations.
“Clearly, both the Constitution and the statute – Republic Act No. 7941 – categorically vest in Comelec the power and authority to decide on matters relating to an organization's participation in the party-list system from the grant or denial of its petition for registration as a party, organization or coalition to participate in the party-list elections, to the cancellation of a previously granted registration,” the high court’s decision read.
The high court explained the HRET only handles cases involving the election, returns and qualifications of sitting members of the HoR.
To figure out whether the HRET should take over a case, the Supreme Court explained that it uses a two-step process: first, determining if the case deals with election disputes or qualifications of the respondent, and second, if the respondent is already a Member of the House.
In An Waray’s case, the court decided that it did not fall under HRET’s jurisdiction, as the party list itself is not considered a “member” of the House—only its nominees are, and they must meet qualifications and avoid disqualifications.
In relation to sitting members of the House, the Supreme Court explained that the issue is not about the proclamation of Noel but rather about the party list's registration, which is why it does not fall under the jurisdiction of the HRET.
“Despite notice of such resolution indicating that it secured only one seat in the HoR after the 2013 NLE, An Waray continued to occupy a second seat through Victoria until the end of her term. This was a clear defiance of NBOC Resolution No. 13-030 (PL)/0004-14 in relation to Section 6(5) of Republic Act No. 7941,” the court’s decision read.
What SC says about jurisdiction of electoral cases
In the case of An Waray, the Supreme Court explained that petitions to disqualify or cancel the Certificate of Candidacy of a winning candidate for the HoR must be resolved within about four months.
After this period, jurisdiction over the case shifts to the HRET.
Once the HRET's authority takes effect, neither the Comelec nor the Supreme Court can continue handling the case, even if the electoral tribunal has not yet received an actual complaint.
“In other words, Comelec or the court on review is without discretion but to dismiss the case pending before it if the HRET's jurisdiction has already attached because the respondent candidate has already become a Member of the HoR,” the court’s decision read.
The high court further explained that for cases involving sitting members of the House, the key issue is whether the matter falls under the HRET’s jurisdiction. If it does, the Comelec or the court must dismiss the case, as they no longer have the authority to decide.
What comes next
On Tuesday, September 17, the Akbayan party-list has called on the Comelec to proclaim them the winner of the 2022 elections, following the cancellation of An Waray’s party list registration.
According to Akbayan, the poll body has no legal obstacles to proclaiming them as the winner of the seat.
“The next logical and legal step is for the Comelec to proclaim Akbayan as the rightful holder of the last available seat,” Akbayan’s statement read.
However, Comelec Chairman George Garcia clarified the cancellation of a party list’s registration does not automatically remove its seat in Congress.
“It is subject to the wisdom of Congress as it is a membership issue…removal and acceptance of members is the call of Congress,” the poll body chief explained in a message to Philstar.com.
During the 2022 elections, Akbayan placed 57th, just one spot shy of the 56 party-list groups that were proclaimed winners. The party-list fell short of around 2,000 votes to secure the last seat.
This was Akbayan's second consecutive defeat since the 2019 elections. Before 2019, Akbayan had consistently secured a spot in the party-list seats since joining the congressional polls in 1998.
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