Rep. Florencio Noel, of the An Waray party-list group. PHOTO FROM AN WARAY FACEBOOK PAGE
MANILA, Philippines — An Waray party-list appealed to reconsider the Commission on Elections (Comelec) decision to revoke the party’s registration for allowing the then-second nominee, Victoria Isabel Noel, to assume one seat in the House of Representatives without proper authority back in 2016.
The Comelec decision jeopardizes incumbent An Waray Rep. Florencio Noel’s seat in the lower chamber.
In a motion for reconsideration filed before Comelec on June 2, An Waray argued that Comelec’s resolution should be reversed “for insufficiency of evidence to justify the decision and for being contrary to law.”
An Waray said in its motion that the candidate in a party-list system is the organization itself. Hence, what is being proclaimed is the party and not its nominee.
It referred to the poll body’s recent resolution on Erwin Tulfo — whom the Comelec previously disqualified as Anti-Crime and Terrorism Community Involvement and Support party-list Group nominee but later reversed — where it confirmed that a separate proclamation of nominees after the party’s proclamation is immaterial nor required before assuming office.
An Waray also argued that Comelec has no jurisdiction to pass upon the legality of Noel’s proclamation as a Member of the House of Representatives.
“The House of Representatives Electoral Tribunal (HRET) is the sole judge of all contests relating to the election, returns, and qualifications of Members of the House of Representatives,” it said.
Furthermore, An Waray also said that the alleged election offense has already “prescribed,” or ended, adding that the resolution “violates the respondents’ constitutional right to speedy disposition of cases.”
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