Case Digest (G.R. No. 268546)
Facts:
An Waray Party-List, represented by Florencio Gabriel "Bem" Noel, and Victoria Isabel Noel, in her own personal capacity, petitioners, v. Commission on Elections, Danilo T. Pornias, Jr., and Jude A. Acidre, respondents, G.R. No. 268546, August 06, 2024, the Supreme Court En Banc, Caguioa, J., writing for the Court.An Waray is a duly registered multi‑sectoral party‑list that participated in the 2013 National and Local Elections. Its submitted list of nominees included Neil Benedict A. Montejo (1st), Jude A. Acidre (2nd), and Victoria Isabel Noel (3rd). Based on initial NBOC tallies, COMELEC’s NBOC issued Resolution No. 0006‑13 (May 24, 2013) proclaiming An Waray among winners; a subsequent NBOC Resolution No. 0008‑13 (May 28, 2013) initially adjusted allocations and, for a time, reflected entitlement to two seats. Acidre tendered his resignation on May 29, 2013 (accepted by the COMELEC En Banc by Minute Resolution on July 16, 2013), and Victoria took an oath as An Waray’s second nominee on July 13, 2013; Montejo had taken his oath earlier on June 26, 2013.
After the Court’s decision in Abang Lingkod Party‑List v. COMELEC, COMELEC issued NBOC Resolution No. 13‑030 (PL)/0004‑14 (Aug. 20, 2014) applying the BANAT formula and reallocating seats so that An Waray was listed as entitled to only one seat. Despite that recomputation, Victoria had served and completed a term as a representative attributable to An Waray, and An Waray continued to participate in subsequent party‑list elections (2016, 2019, 2022).
On May 10, 2019 private respondents Danilo T. Pornias, Jr. and Jude A. Acidre filed with COMELEC SPP No. 19‑008 a petition to cancel An Waray’s registration under Section 6 of Republic Act No. 7941 (Party‑List System Act), alleging that Victoria assumed office without a valid Certificate of Proclamation and despite An Waray’s ultimate entitlement to only one seat. The petition proceeded to hearing; An Waray filed a joint verified answer denying violations. In a Resolution dated June 2, 2023, the COMELEC Second Division granted the petition and cancelled An Waray’s registration under Section 6(5) R.A. No. 7941. The COMELEC En Banc denied petitioners’ motion for reconsideration on August 14, 2023; an entry of judgment followed (certificate of finality/entry of judgment noted Sept. 19, 2023).
Petitioners filed a Petition for Certiorari under Rule 64 (in relation to Rule 65) before the Supreme Court seeking annulment of the COMELEC resolutions a...(Subscriber-Only)
Issues:
- Did COMELEC commit grave abuse of discretion amounting to lack or excess of jurisdiction when it cancelled An Waray’s registration as a party‑list organization?
- Does the House of Representatives Electoral Tribunal (HRET), rather than COMELEC, have exclusive jurisdiction to cancel an incumbent party‑list’s registration when that party’s nominees have become Members of the House of Representatives?
- Was An Waray’s constitutional right to speedy disposition of cases violated by COMELEC’s delay in resolving the cancellation petition?
- Has the petition to cancel An Waray’s registration p...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)