The Commission on Elections (Comelec) said on Thursday, that it will abide and respect the Supreme Court (SC) en banc's resolution on the Magsasaka Party-list dispute.
Robert Gerard Nazal Jr. recently took oath on Oct. 10 as a member of the lower chamber of the Magsasaka Party-list.
According to the resolution, representing Magsasaka Party-list, Secretary-General Atty. General Du filed a Motion to Issue Writ of Preliminary Injunction and/or Temporary Restraining Order to preserve/restore the status of it prior to the promulgation of the National Board of Canvassers (NBOC) dated Oct. 10.
Comelec Chairman George Erwin Garcia explained a week ago that the poll body gave ample time for their decision on the Magsasaka Party-list faction to be questioned but they have not received a TRO until the 30th day. Due to this, he stated that they proceeded with the issuance of a Certificate of Finality in Judgment as well as a Certificate of Proclamation.
However, in the resolution, the SC en banc resolved to require the respondents to file a comment on the motion within a non-extendable period of 10 days from notice.
They also issued a Status Quo Ante order effective immediately and continuing until further orders from the court, their agents, representatives or persons acting in their place or stead to maintain the status quo prevailing prior to the promulgation of the NBOC.
In a brief statement, Garcia said that they abide , respect and act accordingly.
"We will refrain in the meantime from issuing any document recognizing Mr. Nazal as the legitimate nominee of Magsasaka PL," he added.
Garcia earlier explained that before the May 2022 elections, two factions filed a Manifestation of Intent to participate.
The factions were led by former Magsasaka Party-list Rep. Argel Joseph Cabatbat and the group’s national chair, Soliman Villamin Jr. Both factions argued that they are the legitimate representative of the party, which led to the intra-party dispute.
Garcia mentioned that Comelec proclaimed based on their determination that the said faction of Villamin correctly filed the manifestation of intent to participate. Therefore, whoever their number 1 nominee is based on their record, was the one to be proclaimed.
In this case, he explained that all nominees of the party resigned, to which they submitted a new set of nominees, including Nazal who Cabatbat was questioning. Cabatbat argued that Nazal is not a member of the party-list and according to him is a founder and nominee of Pasahero Party-list that lost in the recent elections. However, according to Garcia, the poll body's records show otherwise, meaning Nazal is not among Pasahero party-list's nominees.
Magsasaka placed 46th in the party-list race during the May 2022 polls, after getting 276,889 votes, thereby earning one seat in the Lower House.