Party-list groups bring disqualification issue to SC; 8 get support

MANILA — The dispute over the party-list groups in the House of Representatives has intensified with 10 more groups delisted by the Commission on Elections but approved one group representing nurses.

This developed as the Supreme Court (SC) on Wednesday released its resolution allowing eight Comelec-disqualified party-list groups to participate in the May 13, 2013 mid-term elections.
In a two-page resolution dated Nov. 13, the SC issued the status quo ante (SQA) order in favor of AKO Bicol (AKB), Association of Philippine Electric Cooperatives (APEC), Aksyon Magsasaka-Partidoo Tinig ng Masa (AKMA-PTM), Kapatiran ng mga Nakulong na Walang Sala, Inc. (KAKUSA), 1st Consumers Alliance for Rural Energy Inc. (1-CARE), Association for Righteousness Advocacy on Leadership (ARAL), Alliance for Rural Concerns (ARC) and Alliance for Rural and Agrarian Reconstruction, Inc.(ARARO).
The Comelec had earlier disqualified them from taking part in next year’s polls supposedly because they do not represent marginalized sectors.
An SQA order is issued to preserve the last actual peaceable and uncontested status before the litigation or filing of a petition, which means it is as if there is no resolution disqualifying them.
“The Court resolved to require the parties to observe the status quo prevailing before the issuance of the assailed Comelec resolutions,” the SC said.
The SC gave the Comelec a “non-extendible” period of 10 days within which to submit its comment.
The seven party-list groups assailed the Comelec ruling, saying that, their rights to due process were violated as it automatically disqualified them without giving them the chance to explain their side.
On the same day, the Comelec disqualified 10 more party-list groups from joining the 2013 midterm polls.
Comelec chairman Sixto Brillantes Jr said two of the disqualified partylists were existing while the eight others were new entrants.
The disqualified groups that took part in the 2010 elections are Action Brotherhood For Active Dreamers, Inc. and Abot Tanaw.
The eight new entrants that failed to get accreditation are Courage; Guardian; Hukbong Querubin; Ilaw; Samahang Ilocanong Magsasaka; Angat Ahon Magsasaka; Good; and Una Edukasyon.
Brillantes said the groups were disqualification since they did not represent the marginalized sector.
Meanwhile, the poll body approved the accreditation of Ang Nars Inc. which has five nominees.
Ang Nars, a new entrant, is the second allowed to join the 2013 polls. The poll body earlier approved the accreditation of Pilipinos with Disabilities (PWD).
Brillantes said the Supreme Court status quo ante order stopping the implementation of their resolution disqualifying eight party-list groups would not affect the commission en banc’s ongoing purging of party-list groups.
“It will not deter us from continuing with the purging of unqualified party-list groups. We will continue to come out with decisions in the coming days,” he said.
“Also, the SQA order has no immediate effect as the configuration of the PCOS machines and printing of ballots will not start until late this year,” he said.
The poll chief said they would await the decision of the High Court on the merits of the petitions of the party-list groups.
The High Court also ordered the Comelec to comment on the matter within 10 days.
Brillantes said he hoped that the Supreme Court would come out with a ruling on the petitions before the end of the year since printing of ballots would begin by January 2013.
“We will also include in our comment a reminder of our timelines para malaman ng Supreme Court na nakikiusap kami sa kanila na kung pupwede i-resolve lahat ito… magkaron sila kung pwede ng sort of consolidation of all cases and come out with some specific rulings on individual party-lists para matapos lahat ito at the end of the year,” he said.