Comelec to appeal SC ruling upholding Abang Lingkod’s partylist win

By: - Reporter / @santostinaINQ
/ 04:02 PM November 28, 2013

Commission on Elections Chairman Sixto Brillantes. INQUIRER.net FILE PHOTO

MANILA, Philippines–The Commission on Elections (Comelec) will appeal the Supreme Court ruling ordering the poll body to proclaim the Abang Lingkod group as one of the winners in the party-list race in the last May elections.

In an interview, Comelec Chairman Sixto Brillantes said on Thursday they would soon file a motion for reconsideration on the high court’s “not yet final and executory” ruling.


“There will be no proclamation yet because the SC ruling is not yet final,” he said, adding that they have started drafting the motion for reconsideration and would file it as soon as possible.

Abang Lingkod is a sectoral organization representing farmers and fisherfolk. It obtained 260,215 votes during the May elections, qualifying for seat in the House of Representatives.


In an 18-page ruling penned by Associate Justice Bienvenido Reyes Jr., the high court said Comelec committed grave abuse of discretion when it canceled Abang Lingkod’s registration for failing to show a track record in representing the marginalized and underrepresented.

It pointed out that the requirement of submitting proof of one’s track record has not been made part of the new guidelines that they have set for groups aspiring for a party-list seat in Congress.

The high court further stated that three of the five nominees of Abang Lingkod were farmers and did not have to present track records to show their active participation in the sector they wished to represent in Congress.

Voting 10-4, the high court reversed and set aside the May 10, 2013, Comelec decision canceling the registration of Abang Lingkod as a party-list group.

Chief Justice Ma. Lourdes Sereno was one of those who dissented together with Senior Associate Justice Antonio Carpio, and Associate Justices Arturo Brion and Marvic Leonen.

“We will look at the dissenting opinions. I think they recognized our earlier decision,” Brillantes said.

He admitted the poll body was surprised with the ruling since the grounds used in disqualifying the group were clearly presented.



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TAGS: Abang Lingkod, Commission on Elections, court rulings, courts, disqualifications, Jurisprudence, Laws and regulation, May elections, motion for reconsideration, party-list elections, qualifications, Sixto Brillantes, Supreme Court, trials and litigation
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