AKB not barred from seeking SC relief–experts

A rival party-list group on Thursday denied it was riding on the popularity of Ako Bicol (AKB), a party-list group that topped the May 2010 elections, to win in next year’s elections, even as legal experts have been quoted as saying Ako Bicol, which faces disqualification, is not barred by any law from seeking relief from the Supreme Court.

Edgar Carmona, head of the party-list group Aking Bikolnon, said statements attributed to Ako Bicol Rep. Rodel Batocabe saying Aking Bikolnon was simply riding on the popularity of AKB is a “ridiculous declaration.”

“Aking Bikolnon will never do such a thing,” said Carmona.

AKB is questioning at the Supreme Court a ruling by the Commission on Elections disqualifying it from next year’s elections, questioning Comelec jurisdiction.

But according to election lawyer Romulo Macalintal, AKB lost its right to question the Comelec jurisdiction when it submitted itself to Comelec processes to acquire accreditation and to register as a party-list group in the May 2010 elections.

Two legal experts, however, said there is no law prohibiting AKB from seeking relief from the high tribunal.

Justice Secretary Leila de Lima, herself a former election lawyer, said going to the Supreme Court is “always an available remedy.”

Lawyer Dan Calica, a University of the Philippines law professor, said cases involving disqualified party-list groups are not confined to issues on jurisdiction.

Carmona, assailing statements made by AKB, said Batocabe should have “concrete evidence” proving that Aking Bikolnon was riding on AKB, which got 1.5 million votes in the 2010 elections, the highest for a party-list group.

“Contrary to what he is claiming, we, at Aking Bikolnon, are actually distancing ourselves from Ako Bicol,” said Carmona.

He also said accusations that Aking Bikolnon is “left-leaning” was pure fabrication.

“Respondent Comelec has no power to determine the qualifications of party-list representatives,” said AKB in its petition for a temporary restraining order against Comelec at the Supreme Court. Report from Philip Tubeza