Comelec affirms ruling on cancellation of An Waray party-list's registration

The Commission on Elections (Comelec) En Banc has denied the Motion for Reconsideration filed by An Waray party-list in relation to the decision of the Second Division to cancel the party-list's registration.

In a 28-page resolution issued by Comelec, promulgated on Aug. 14, the Commission En Banc resolved to deny the MR for "utter lack of merit".

"We rule in the negative. We affirm the Second Division's Resolution canceling the registration of An Waray Party-list," the resolution read.

The Commission En Banc added that the respondents in the case presented "no exceptional circumstance" or any compelling reason to warrant the reversal or modification of the resolution of the Second Division.

It can be recalled that the Comelec Second Division, in its 16-page ruling on June 2, granted the petition to cancel the registration of An Waray Party-list after its failure to comply with laws, rules, or regulations relating to elections.

It said that An Waray was found to have violated the laws and the rules for allowing its second nominee, Atty. Victoria Isabel Noel, to sit as Representative in the House of Representatives in the 16th Congress, knowing "fully well" that Comelc has not issued a Certificate of Proclamation entitling her to do so.

In An Waray's MR, the respondents argued that in the party-list system, the candidate is the party-list organization, stating that what is being proclaimed is the party and not its nominee/s.

However, the Commission En Banc said that there is "uncontroverted" substantial evidence establishing the clear violation of electoral committed by An Waray Party-list "when it arrogated unto itself the authority to have its second nominee, Atty. Victoria Isabel Noel, to take her oath and assume office as a representative in the House of Representatives. 

It also mentioned that the law expressly requires that party-list representatives shall be proclaimed by the Comelec based on the list of names submitted by respective parties, organizations, or coalitions to the Comelec according to their ranking in the said list.

"The language of the law uses the mandatory term 'shall' in conjunction with the proclamation of party-list representatives. The use of these terms together is a plain indication of legislative intent to make the statutory requirement of proclamation mandatory before a party-list representative could legally assume office," the resolution read.

"In the case under consideration it is an undisputed fact that there was no Certificate of Proclamation issued to An Waray entitling its second nominee...hence, the act of taking her oath and her assumption of office with no Certificate of Proclamation clearly constitutes a violation of the rules relating to party-list representatives. She may not now claim good faith, much less feign compliance with the law," it further stated.

Comelec Chairman George Erwin Garcia said that the respondents may still seek legal remedy from the Supreme Court. However, should they fail to get a Status Quo Ante Order (SQAO) or temporary restraining order (TRO), the poll body will then issue a Certificate of Finality after 30 days.