SC sides with party-list; overturns Comelec resolution vs ‘Juan Pinoy’ 

FILE PHOTO: The Supreme Court logo. (INQUIRER/LYN RILLON)

MANILA, Philippines — While the Supreme Court (SC) had overturned a Commission on  Election (Comelec) resolution denying the registration of a party-list group, one of the group’s lawyers has asked if the decision was even worth celebrating considering the party-list’s name hadn’t been included in the ballot.

In a statement on Thursday, election lawyer Romulo Macalintal lamented the fate of the Juan Pinoy Party-list (JPPL), as SC released its resolution dated March 1, siding with JPPL in its petition against Comelec.

It could be recalled that Comelec denied JPPL’s bid for registration on accounts that it made a late payment for registration, supposedly dated April 13, 2021.  However, SC explained that receipts used as evidence showed that JPPL made the payment on March 31, 2021, which is well within the deadline issued by Comelec.

Macalintal said that despite SC’s release of a temporary restraining order on the issue, Comelec still did not include JPPL in the ballot for the 2022 national elections’ party-list race, therefore depriving it of a chance to get votes.

The election lawyer referred to an old Tagalog adage — “aanhin pa ang damo kung patay na ang kabayo (how would you use the grass when the horse is dead).”

“[JPPL] just recently won its pyrrhic victory when the Supreme Court released its March 1, 2022 resolution on June 9, 2022 reversing and setting aside the resolution of the Comelec dated December 13, 2021 denying its petition for registration as a party-list in connection with the May 9, 2022 elections,” Macalintal said.

“While a temporary restraining order was issued by the SC on January 24, 2022 against the Comelec, the latter refused to include the name of JPPL in the list of party-list candidates in said election,” he added.

In its resolution, copies of which were provided by Macalintal, the SC said that Comelec gravely abused its discretion as it disregarded the explanation made by JPPL, and misinterpreted the supposed requirement for a party-list’s members consent before registration.

“In the instant case, the Comelec disregarded the explanations and documents provided by Juan Pinoy.  Likewise, it failed to consider the challenges caused by the pandemic which made it improbable, if not impossible, for Juan Pinoy to obtain the physical signatures of all of its 3,367 members,” SC said.

“Considering the foregoing, the Comelec committed grave abuse of discretion amounting to lack or excess of jurisdiction in its issuance of the assailed Order and Resolution. Hence, the reversal of the assailed issuances are warranted,” SC added.

Macalintal said that despite the setback, JPPL would still pursue registration for the future to participate in the next polls.

“While the case has already been rendered moot with the holding of the May 9, 2022 polls, the JPPL will still pursue its petition for registration for its participation in future elections,” he said.

JPPL is not alone in terms of party-list groups whose petitions for registration were denied.  However, there were seven groups that were still included in the ballot despite petitions still pending before SC.

According to a December 29 report, the following party-lists still appeared in the ballots for the 2022 polls:

• Alliance for Resilience Sustainability, and Empowerment
• Igorot Warriors International
• Ang Tinig ng Seniors
• Lingkud Bayanihan Party
• Mindanao Indigenous Peoples Conference for Peace and Development,
• Apat-Dapat
• Uma Ilonggo

READ: 7 party-lists earlier denied to join polls still included in ballot listing 

JPV