Title
Bantay Republic Act or BA-RA 7941 vs. Commission on Elections
Case
G.R. No. 177271
Decision Date
May 4, 2007
Petitioners challenged Comelec's refusal to disclose party-list nominees' names, citing violation of the constitutional right to information. Supreme Court ruled in favor of disclosure, affirming public's right to know, but upheld Comelec's accreditation process.
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Case Digest (G.R. No. 177271)

Facts:

  1. Background of the Case:

    • The case involves two consolidated petitions (G.R. No. 177271 and G.R. No. 177314) challenging the Commission on Elections (Comelec) resolutions regarding the accreditation of party-list groups for the May 14, 2007 elections.
    • Petitioners in G.R. No. 177271, Bantay Republic Act (BA-RA 7941) and Urban Poor for Legal Reforms (UP-LR), sought to nullify the accreditation of certain party-list groups, arguing that Comelec failed to determine whether the nominees of these groups were qualified and belonged to the marginalized sectors they claimed to represent.
    • Petitioners in G.R. No. 177314, including Rep. Loretta Ann P. Rosales, challenged Comelec Resolution 07-0724, which denied their request to disclose the names of the nominees of 14 accredited party-list groups.
  2. Comelec's Actions:

    • On January 12, 2007, Comelec issued Resolution No. 7804, setting rules for the filing of manifestations of intent to participate in the party-list elections.
    • Several groups, including the 14 party-list groups in question, filed their manifestations and were accredited by Comelec.
    • Petitioners BA-RA 7941 and UP-LR filed an Urgent Petition to Disqualify certain party-list nominees, but the Comelec had not resolved this petition at the time of the Supreme Court case.
  3. Requests for Disclosure:

    • Petitioner Rosales requested Comelec to disclose the names of the nominees of the 14 party-list groups, but Comelec refused, citing Section 7 of R.A. No. 7941, which states that the names of party-list nominees shall not be shown on the certified list of registered parties.
    • Comelec Resolution 07-0724, issued on April 3, 2007, declared that the names of party-list nominees would only be disclosed after 3:00 p.m. on election day.
  4. Petitioners' Arguments:

    • Petitioners argued that Comelec's refusal to disclose the names of the nominees violated the constitutional right to information and free access to public documents.
    • They also contended that Comelec committed grave abuse of discretion by accrediting party-list groups without determining the qualifications of their nominees.

Issue:

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Ruling:

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Ratio:

  1. Right to Information:

    • The right to information is a fundamental right guaranteed by the Constitution, and any attempt to obstruct this right is subject to judicial review. The names of party-list nominees are matters of public concern, and the public has a right to access this information.
  2. Limitations on Non-Disclosure:

    • The prohibition in Section 7 of R.A. No. 7941 is limited to the certified list posted in polling places and does not extend to other forms of disclosure. Comelec's interpretation of this provision as an absolute bar to disclosure was incorrect.
  3. Comelec's Discretion:

    • While Comelec has discretion in accrediting party-list groups, it must act within the bounds of the law and the Constitution. The Court emphasized that the accreditation process does not require simultaneous determination of nominee qualifications, but the public has a right to know who the nominees are before the election.
  4. Immediate Executory Decision:

    • The Court declared its decision immediately executory, ordering Comelec to disclose the names of the party-list nominees within five days from notice.

Conclusion:

The Supreme Court granted the petitions in part, ordering Comelec to disclose the names of the party-list nominees. However, the Court denied the request to nullify the accreditation of the party-list groups, as the determination of nominee qualifications is a separate issue that must be resolved by Comelec.


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