Manila: Voting 14-1, the Supreme Court (SC) En Banc has affirmed rulings of the Commission on Elections (Comelec) cancelling the registration of An Waray party-list group. An Waray was one of the 14 party-list groups proclaimed as initial winners in the 2013 elections that were guaranteed with one seat each. In a ruling promulgated August 6, the High Court said under the Constitution and the Party-List System Act, it is the Comelec that has exclusive jurisdiction to rule on the cancellation of party-list registrations. Following an initial Comelec ruling, the National Board of Canvassers (NBOC) had issued a resolution cancelling the registration of some party-list groups, which resulted in the adjustment of the seat allocations, so that An Waray's number increased to two. The resolution, however, came with the caveat that the new allocation was without prejudice to the possible proclamation of other parties later. The NBOC issued a Certificate of Proclamation to An Waray, entitling its first nominee, Nei l Benedict Montejo (Montejo), to sit in the House of Representatives of the 16th Congress. Montejo took his oath of office on June 26, 2013. An Waray's second nominee, Victoria Isabel Noel (Noel), also took an oath of office on July 13, 2013, based on the tally of votes indicated in NBOC Resolution No. 0008-2013. On Aug. 20, 2014, the Comelec issued NBOC Resolution No. 13-030(PL)/0004-14 where it declared the final distribution of seats for party-list groups, following the reversal by the SC of the Comelec's cancellation of the registration of Abang Lingkod party-list. In Abang Lingkod's case, the Comelec was ordered by the Court to proclaim it as a legitimate party-list, resulting yet again in an adjustment in the allocation of seats. In the final distribution, An Waray was declared to be entitled to only one seat. In 2019, Danilo Pornias and Jude Acidre filed a petition for cancellation of An Waray's registration for alleged violation of the Party-List System Act. They claimed that Noel, with An Waray 's knowledge and consent, took her oath and assumed office as second nominee of An Waray in the 16th Congress, even when An Waray was entitled to only one seat. The Comelec's Second Division granted the petition. This was affirmed by the Comelec En Banc, prompting the parties to bring the case to the SC claiming that it is the House of Representatives Electoral Tribunal (HRET), not the Comelec, which has jurisdiction over the petition to cancel. 'The jurisdiction of the HRET is limited only to contests relating to the election, returns, and qualifications of incumbent HOR members,' the Court said. To determine whether HRET must assume jurisdiction over a case, the Court laid down a two-tiered test: first, whether the nature of the case is one of a contest relating to the election, returns and qualifications of respondent; and second, whether the respondent is a 'Member' of the House of Representatives. Applying the test, the Court ruled that the nature of the petition to cancel An Waray's party-list regi stration is not one which falls under the cases cognizable by the HRET. The Court also found that the Comelec did not gravely abuse its discretion when it cancelled An Waray's registration. 'The registration was cancelled based on Section 6(5) of the Party-List System Act, which states that violation of election laws, rules, or regulations is a ground for the cancellation of a party-list's registration,' it said. Source: Philippines News agency
