The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News

Adrian Ayalin

ABS-CBN News

<p>MANILA — The Supreme Court en banc has affirmed resolutions of the Commission on Elections that canceled the registration of An Waray as a party-list organization.</p><p>Voting 14-1, the en banc held that under Republic Act No. 7941 or the Party-List System Act, the Comelec has exclusive jurisdiction to rule on the cancellation of party-list registrations.</p><p>The issue on the cancellation of An Waray’s registration stemmed from a petition filed in 2019 by Danilo Pornias and Jude Acidre.</p><p>Pornias and Acidre — now a sitting congressman for Tingog party-list — claimed that An Waray second nominee Victoria Isabel Noel assumed office in the 16th Congress even when the group was entitled to only one seat.</p><p>In 2013, An Waray was one of the 14 party-list groups proclaimed as initial winners with one seat each.</p><p>With the cancellation of the registration of other party-list groups by the National Board of Canvassers, An Waray’s number of seats increased to two.</p><p>But, in 2014, the NBOC issued another resolution which declared other party-list groups as winners including Abang Lingkod party-list, which led to the final distribution of seats with An Waray entitled to only one seat.</p><p>The Comelec en banc granted the petition for cancellation, prompting a petition for certiorari to be filed before the Supreme Court, which argued that the House of Representatives Electoral Tribunal (HRET) has jurisdiction over the petition to cancel.</p><div><a href="https://news.abs-cbn.com/news/05/21/19/explainer-the-math-behind-the-party-list-system" id="isPasted">READ: EXPLAINER: The math behind the party-list system</a><span></span><br/></div><p>In the decision penned by Associate Justice Alfredo Benjamin Caguioa, the court concluded that the nature of the petition to cancel An Waray’s party-list registration does not fall under the cases cognizable by the HRET.</p><p>“Further, the Court held that, although it is An Waray which is voted for in the ballots during elections, it does not become a &#x27;Member&#x27; of the HOR. Rather, it is its nominee who assumes as HOR Member, and who must have the qualifications and none of the disqualifications,” the Supreme Court said in a statement.</p><p>The high court also found that the Comelec did not exercise grave abuse its discretion when it cancelled An Waray’s registration.</p><p>The court further stated that the registration was cancelled based on Section 6(5) of the law which states that violation of election laws, rules, or regulations is a ground for the cancellation of a party-list’s registration.</p><p>Despite the plea of good faith by An Waray, the court said that allowing Noel to remain in her seat was a violation of the NBOC resolution which declared that the group was entitled to only one seat in the final distribution.</p><p>“The Court ruled that Resolution no. 0008-2013 was clear that An Waray’s two seats were without prejudice to a final distribution of the party-list seats, in light of the then pending petitions for review in this Court of the cancellation by Comelec of some party-list’s registrations. Thus, the final distribution to An Waray of just one seat should have been anticipated by it,” the SC said.</p><div><strong>RELATED VIDEO:</strong></div><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/4De1lMyH5Og?&amp;t=19s&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><div><br/></div>

<p>The Supreme Court en banc has affirmed resolutions of the Commission on Elections that canceled the registration of An Waray as a party-list organization.</p>

The Supreme Court en banc has affirmed resolutions of the Commission on Elections that canceled the registration of An Waray as a party-list organization.

SC affirms cancellation of An Waray party-list registration | ABS-CBN

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SC affirms cancellation of An Waray party-list registration

SC affirms cancellation of An Waray party-list registration

Adrian Ayalin,

ABS-CBN News

Published Sep 16, 2024 04:19 PM PHT

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