Case Digest (G.R. No. 177271)
Facts:
Bantay Republic Act or BA-RA 7941, represented by Mr. Ameurfino E. Cinco, Chairman, and Urban Poor for Legal Reforms (UP‑LR), represented by Mrs. Myrna P. Porcare, Secretary‑General, petitioners, vs. Commission on Elections, et al., G.R. Nos. 177271 and 177314, May 04, 2007, the Supreme Court En Banc, Garcia, J., writing for the Court.In January 2007 the Commission on Elections (Comelec) issued Resolution No. 7804 prescribing the rules for filing a manifestation of intent to participate and submission of party‑list nominees for the May 14, 2007 elections. Numerous groups filed manifestations and, subsequently, the Comelec accredited a number of party‑list organizations to participate; petitioners in G.R. No. 177271 identified a set of 33 private respondents (including 14 frequently mentioned groups such as Biyaheng Pinoy, Babae Ka, Banat, Agbiag, et al.). Petitioners BA‑RA 7941 and UP‑LR then filed with the Comelec an Urgent Petition to Disqualify (docketed SPA Case No. 07‑026) seeking disqualification of certain nominees, although they sought copies of the nominees’ lists to identify whom to challenge.
Separately, petitioner Loreta Ann P. Rosales (with Kilosbayan Foundation and Bantay Katarungan Foundation) requested from the Comelec on March 29 and March 31, 2007 copies of the names of nominees of several party‑list groups, invoking the public’s right to information. Unbeknownst to some petitioners, the Comelec en banc on April 3, 2007 adopted Resolution 07‑0724 directing that the names of party‑list nominees “will disclose/publicize the names of party‑list nominees in connection with the May 14, 2007 Elections only after 3:00 p.m. on election day,” and empowered the Law Department to implement and reply to inquiries. Petitioner Rosales received a copy of that April 3 resolution only on April 21.
On April 18 and thereafter the two sets of petitioners filed consolidated petitions in this Court — petitions for certiorari and mandamus — seeking (1) nullification of the Comelec accreditations of certain party‑list groups (G.R. No. 177271) on the ground that the Comelec accredited them without simultaneously determining whether their nominees were qualified or belonged to the marginalized sectors they claim to represent, and (2) an order compelling the Comelec to disclose the names of party‑list nominees (G.R. No. 177314 and overlapping in 177271). The petitions were consolidated and the Court en banc, by resolutions dated April 24, 2007, required respondents to file comments within five days. The Comelec and se...(Pro-only)
Issues:
- Is certiorari an appropriate remedy to nullify Comelec accreditations of party‑list organizations on the ground that the Comelec did not simultaneously determine the qualifications of their nominees?
- Did the Comelec violate the constitutional right to information by refusing to disclose the names of party‑list nominees, and is it requir...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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