SC receives another plea to reverse Comelec ruling on disqualified party-lists
INQUIRER FILE PHOTO
MANILA, Philippines—Another party-list group asked the Supreme Court to reverse the Commission on Elections (Comelec) decision disqualifying them to participate in the 2013 elections.
At the same time, it asked the high court to stop Comelec from implementing its ruling and allow them to be voted upon in the elections.
The 1st Consumers Alliance for Rural Energy Inc. (1-CARE) is the third party-list group to question the Comelec’s disqualifying them from running in next year’s polls.
In their 56-page petition for certiorari, petitioner said Comelec committed grave abuse of discretion when it issued a resolution dated Oct. 16, 2012 disqualifying them saying they are not marginalized and underrepresented sector.
“There is no legal basis for respondent Comelec to re-open and re-determine the issue of whether or not rural energy consumers is a marginalized and underrepresented sector as this was already resolved in the earlier registration proceeding…,” petitioner said.
1-CARE was accredited by Comelec in January 2010. The Comelec First Division ruling became final and executory thus allowing it to participate in the 2010 election where it won by receiving 768,829 votes and entitling it to two seats in Congress.
On May 29, 2010, Barangay Natin Party-List (BANAT) filed a petition with the Comelec against 1-CARE but the Comelec, in a resolution dated Aug. 5, 2010 dismissed it. BANAT filed an appeal which was also dismissed by Comelec on Sept. 21, 2010.
BANAT elevated the case to the Supreme Court where in a ruling dated Nov. 23,2010 upheld the Comelec’s ruling in favour of 1-CARE.
“It bears stressing that a decision that has acquired finality as in this case, becomes immutable and unalterable,” petitioner pointed.
It added that the Comelec is not allowed under the party-list law to create a new definition of marginalized sector and to reverse its already final and executory ruling.
“Republic Act 7941 does not authorize respondent Comelec to revisit, at its whim and caprice and reverse at this point in time its 2010 final and executor decision which resolved the issue of petitioner’s representation of ‘the marginalized and the underrepresented rural energy consumers,” petitioner said.
It pointed that under the law, “any party, organization or coalition already registered with the Commission need not register anew. Hence, for the 2013 party-list elections, the only requirement for petitioner 1-CARE, an already registered party-list organization is to file a manifestation of its desire to participate in the party-list system.”
“Nothing in RA 7941 would suggest even by mere implication that the Comelec may re-determine compliance by an already registered party-list organization,” the petition stated.
Other party-list groups who filed a petition with the high court are AKO-BICOL and Association of Philippine Electric Cooperative (APEC) who both assailed Comelec’s ruling for disqualifying them.
