Title
Supreme Court
An Waray Party-List vs. Commission on Elections
Case
G.R. No. 268546
Decision Date
Aug 6, 2024
An Waray Party-List challenged the cancellation of its registration by COMELEC. The Supreme Court confirmed COMELEC's decision, affirming its jurisdiction over party-list matters, and ruled no violation of the right to speedy disposition occurred.

Case Digest (G.R. No. 231145)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Petitioners: An Waray Party-List, represented by Florencio Gabriel "Bem" Noel and Victoria Isabel Noel in her personal capacity.
    • Respondents: Commission on Elections (COMELEC), Danilo T. Pornias, Jr., and Jude A. Acidre.
  • An Waray's Participation and Nominee History
    • An Waray, a multi-sectoral party-list group, participated in the 2013 National and Local Elections (NLE).
    • Its 2013 nominees were Neil Benedict A. Montejo (first nominee), Jude A. Acidre (second nominee), and Victoria Isabel Noel (third nominee).
    • An Waray garnered 541,205 votes (1.96%), winning seats in the House of Representatives (HoR).
  • COMELEC Proclamations and Resignations
    • May 24, 2013: COMELEC National Board of Canvassers (NBOC) proclaimed An Waray as initial winners with one guaranteed seat.
    • May 28, 2013: NBOC Resolution No. 0008-13 cancelled some party-lists and increased An Waray's seats to two.
    • May 29, 2013: Acidre resigned as second nominee citing personal reasons.
    • June 5, 2013: NBOC issued Certificate of Proclamation (CoP) to An Waray; Montejo took oath on June 26, 2013.
    • July 13, 2013: Victoria took oath separately as second nominee.
    • July 16, 2013: COMELEC En Banc accepted Acidre’s resignation.
  • Legal Developments Post-2013 Elections
    • October 22, 2013: SC decision in Abang Lingkod Party-List reversed cancellation of Abang Lingkod's registration.
    • August 20, 2014: COMELEC issued NBOC Resolution No. 13-030 (PL)/0004-14, finalizing seat allocation with An Waray entitled to only one guaranteed seat.
    • An Waray continued participation in party-list elections with seats won in 2016, 2019, and 2022.
  • Cancellation Petition and Proceedings
    • May 10, 2019: Pornias and Acidre filed with COMELEC a petition to cancel An Waray’s registration alleging unlawful assumption by Victoria of the second seat without valid proclamation.
    • An Waray and Victoria opposed, citing continuous discharge of duties by Victoria and lack of legal violations.
    • June 2, 2023: COMELEC Second Division granted the cancellation petition citing violation of election laws and NBOC Resolution No. 13-030.
    • August 14, 2023: COMELEC En Banc denied motion for reconsideration, affirming cancellation.
  • Petition before the Supreme Court
    • Petitioners assailed COMELEC Resolutions questioning:
      • Jurisdiction of COMELEC vs. House of Representatives Electoral Tribunal (HRET).
      • Excessive penalty considering An Waray’s non-participation in any scheme.
      • Violation of the right to speedy disposition of cases.
      • Prescription of the cancellation petition.
    • Petition prayed for preliminary injunction, temporary restraining order, and/or status quo ante order.
  • Positions of COMELEC and Respondents
    • COMELEC defended jurisdiction and asserted petitioners waived speedy disposition right.
    • Respondents argued cancellation is within COMELEC’s exclusive jurisdiction and no prescription applies.
    • Both opposed injunctive relief citing lack of clear legal right and absence of urgency.

Issues:

  • Whether COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction when it cancelled An Waray’s registration as a party-list organization.
  • Whether the HRET, not COMELEC, has jurisdiction to cancel An Waray’s registration as a party-list whose nominees became Members of the HoR.
  • Whether An Waray’s constitutional right to speedy disposition of cases was violated by COMELEC.
  • Whether the petition to cancel An Waray’s party-list registration has already prescribed.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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