Comelec en banc now has jurisdiction over petitions of political groups, parties | Inquirer News

Comelec en banc now has jurisdiction over petitions of political groups, parties

By: - Reporter / @zacariansINQ
/ 07:11 PM January 05, 2023

The Commission on Elections (Comelec) on Thursday said that it now has exclusive jurisdiction in petitions involving citizens' arms, political parties and party-list groups and organizations.

Comelec headquarters in Intramuros, Manila.

MANILA, Philippines — The Commission on Elections (Comelec) announced on Thursday that it now has exclusive jurisdiction over petitions concerning citizens’ arms, political parties and party-list groups and organizations.

Comelec Resolution No. 10878 is now in effect, transferring all petitions pending before the Commission’s Divisions to the Commission en banc. Exceptions to this rule will apply when the opposition has already been filed.

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Under the resolution, the Comelec en banc now how has exclusive jurisdiction over petitions involving the following:

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  • Any group or organization seeking registration as a political party, party-list and coalition; And
  • Any bona fide non-partisan group, association, or organization from the civic, youth, professional, educational, business, or labor sectors with identifiable leadership, membership, and structure, and with demonstrated capacity to promote the public interest and assist the Commission in the performance of its functions and activities seeking accreditation as citizens’ arms of the Commission.

“Any opposition filed against these petitions for registration and accreditation shall then be transferred and raffled to either the Comelec First or Second Division,” said Comelec.

Comelec added that a resolution on the petitions for registration or accreditation shall attain finality within five days from receipt of the concerned parties — unless the Supreme Court issues a restraining order against a Comelec en banc decision, or if a motion for reconsideration is filed against the decision of a Comelec Division.

The poll body explained that this is in line with the Supreme Court’s pronouncements in the Georgidi B. Aggabao us. Commission on Elections, which was promulgated on July 26, 2022.

The High Court determined that  “the accreditation and registration of citizens’ arms, political parties, and party-list groups and organizations fall under the administrative function of the Commission unless an opposition is filed thereto, in which case it shall fall under the quasi-judicial function of the Commission. “

Before the said resolution, jurisdiction over petitions for registration as a political party, party-list, and coalition was lodged in the Commission’s Divisions under Section 3, Rule 3 of the Comelec Rules of Procedure, while motions for reconsideration in the said petitions are elevated to the Commission en banc according to Section 9, Rule 1, of Comelec Resolution No. 9366.

But the exclusive jurisdiction of the Commission en banc over proceedings involving the accreditation of citizens’ arms of the Commission has been in effect since 1093, according to Section 3, Rule 3 of the Comelec Rules of Procedure.

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TAGS: Comelec, en banc, Jurisdiction, Petition

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