Metro Manila (CNN Philippines, August 14) — The Commission on Election (Comelec) En Banc has denied the motion for reconsideration to reverse the cancellation of An Waray Party-list’s registration for utter lack of merit.
“Respondents in this case presented no exceptional circumstance or any compelling reason to warrant the reversal or modification of the Resolution of the Second Division granting the Petition,” read the resolution promulgated on Monday.
An Waray Party-list and former representative Victoria Isabel Noel filed the motion for reconsideration on June 6, arguing that there was no sufficient evidence to justify the decision of the Comelec Second Division.
The division had ruled to cancel An Waray’s registration when it allowed its second nominee Noel to sit as one of its representatives in the House of Representatives in the 16th Congress, knowing “fully well” that the poll body had not issued a Certificate of Proclamation entitling her to do so.
In a separate opinion issued together with the Aug. 14 resolution, Commissioner Ernesto Ferdinand Maceda Jr. said this was an “unmistakable violation of a law relating to elections and serves as sufficient basis” for the cancellation of An Waray’s registration.
In a message to reporters, Comelec chair George Garcia said it will take 30 days before the poll body issues a certificate of finality as the case is a special proceeding.
Garcia added An Waray “can still go to the Supreme Court” for a temporary restraining order or a status quo, which would block the Comelec from enforcing its decision.
Florencio Gabriel Noel, the current An Waray representative, is in danger of losing his seat since the party-list registration is the primary qualification to participate in the Party-list System of Representation Elections, which must be “continually possessed.”
Comelec spokesperson John Rex Laudiangco earlier said it is the House that has the power to expel any member who fails to continually possess all the qualifications.
Furthermore, it is the lower chamber that will declare the existence of a vacancy and initiate the call to the poll body “to either hold special elections, or proclaim the next nominee in line or the next winning party-list to have a seat,” he added.
