Can non-nominees of party-list groups get House seat after proclamation?

The plenary hall of the Batasang Pambansa. (FILE PHOTO) Screenshot from RTVM Youtube Live

MANILA, Philippines — The Commission on Elections (Comelec) on Monday said that some party-list groups with guaranteed seats in the House of Representatives may be proclaimed by Thursday, May 19.

With the approaching proclamation date, questions began to surface regarding individuals not included in the list of nominees of winning party-list groups possibly getting a seat in the House.

Under Republic Act No. 7941 or the “Party-List System Act,” each registered party, organization, or coalition shall submit to the Commission on Elections a list of five names who shall serve as their representative/s to Congress should they secure the required number of votes.

Section 11 of Comelec Resolution No. 10717, meanwhile, states that those listed as nominees of their respective party-list groups had until November 15 last year to withdraw.

Those who withdrew their nominations can be replaced by their party-list groups—or what is commonly known as “substitution.” The nominee deemed as the “substitute” shall be placed last on the updated list of nominees of a party-list group.

Section 12 of the same Comelec resolution states that “no substitution shall be valid if filed beyond November 15, 2021, unless the list of nominees originally submitted has been exhausted due to death and/or incapacity of the nominees.”

This means that from November 16 to the mid-day of Election Day (May 9, 2022), the only acceptable reasons for substitution are the death and/or incapacity of the nominee.

“In all these instances, from the submission up to the grant of substitution of nominees, mayroong isang pang operative act diyan—and that is the approval of the Commission,” Comelec acting spokesperson Rex Laudiangco said in a press briefing.

“Hindi pwedeng kung sinu-sino lang ang uupo… Ang pinaka-importante, naaprubahan ng Comelec ‘yung final list of nominees,” he added.

Precedence

But what if after the proclamation of a winning party-list group, all their nominees decide to resign from their group and opt not to serve in Congress? Can a party-list group still name a new nominee as a replacement?

Laudiangco said “it has happened in the past.”

“Always, the procedure was the Commission will conduct a hearing on this,” Laudiangco said.

Laudiangco said the Comelec ensures that the nominees consented to the withdrawal during the hearings.

“Was consent really given? Or meron bang force or threat? After that, tinanong na ‘yung reasons and if justifiable, inaalam ng Comelec through the hearings kung totoo ba talaga ‘yung pagwi-withdraw,” Laudiangco said.

“We will comply with the law kaya titingnan natin ‘yung circumstances. Hindi sinasabing bawal [ang replacement after proclamation], hindi sinasabing pwede, but it’s a case-to-case basis wherein the Commission will be making a determination,” he added.

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