Case Summary (G.R. No. 126703)
Petitioners
• G.R. No. 177271 (BA-RA 7941 and UP-LR) seek to annul Comelec resolutions accrediting certain private respondents and to enjoin their participation for failure to verify nominee qualifications.
• G.R. No. 177314 (Rosales et al.) seek mandamus to compel disclosure of the names of nominees of accredited party-list groups.
Respondents
• Commission on Elections (Comelec)
• Thirty-three private party-list organizations in G.R. No. 177271
• Fourteen party-list groups in G.R. No. 177314, seven of which overlap with the first petition
Key Dates
• January 12, 2007: Comelec issues Resolution No. 7804 prescribing party-list filing rules.
• March 29 & 31, 2007: Petitioner Rosales requests nominee lists.
• April 3, 2007: Comelec en banc Resolution 07-0724 declares nominee names confidential until election day.
• April 18, 2007: Petition in G.R. No. 177271 filed.
• April 21, 2007: Rosales obtains copy of Resolution 07-0724.
• April 24, 2007: Supreme Court requires comments.
• May 4, 2007: Decision rendered.
Applicable Law
• 1987 Constitution, Article III § 7 (right to information; access to official records) and Article II § 28 (policy of full public disclosure).
• Republic Act No. 7941 (Party-List System Act), especially § 4 (registration), § 7 (certified list), and § 8 (nominee submission).
• Rules on special civil actions for certiorari (to correct grave abuse of discretion) and mandamus (to compel performance of duty).
Facts
Comelec Resolution 7804 set deadlines for party-list registration and nominee submission. Fourteen private groups filed and were accredited without public disclosure of their nominees. BA-RA 7941 and UP-LR filed an urgent petition with Comelec to disqualify certain nominees but lacked access to the nominee roster. Petitioner Rosales separately requested, via letters, the names of nominees; Comelec’s Law Department did not respond. A Manila Bulletin report announced that Comelec would not release nominee names, asserting that party-list elections are not personality-oriented. Unbeknownst to Rosales, Resolution 07-0724 had been issued on April 3, 2007, withholding nominee names until after polls. Both Supreme Court petitions challenged Comelec’s accreditation process and non-disclosure policy.
Issues
- Did Comelec commit grave abuse of discretion by accrediting party-list groups without verifying that their nominees meet RA 7941 qualifications?
- Did Comelec’s refusal to disclose nominees’ names violate the constitutional right to information and the policy of full public disclosure?
- Does RA 7941 mandate an absolute bar on revealing nominee names, or is the prohibition limited to the certified list posted on election day?
Supreme Court Ruling
• Accreditation Nullification: Petitioners in G.R. No. 177271 fail to show grave abuse of discretion. Certiorari cannot entertain factual inquiries into whether parties or nominees truly represent marginalized sectors; that remedy lies within Comelec’s pending disqualification proceedings (SPA Case No. 07-026).
• Disclosure Mandamus: Both petitions merit enforcement of the constitutional right to information. Comelec’s blanket non-disclosure of nominee names unduly restricts citizen access to official records and undermines informed voting.
Rationale
• Certiorari Relief: The Court’s review is limited to jurisdictional issues or grave abuse of discretion, not factual determinations. RA 7941 contains no requirement that nominee qualifications be verified simultaneously with organizational accreditation.
• Right to Information: Under the 1987 Constitution, citizens have a self-executing right to access official documents on matters of public concern, subject only to lawfu
Case Syllabus (G.R. No. 126703)
Background and Consolidation
- Two separate petitions (G.R. No. 177271 and G.R. No. 177314) were consolidated for resolution by the Supreme Court en banc.
- Both petitions challenge issuances and practices of the Commission on Elections (Comelec) concerning accreditation and disclosure in the May 14, 2007 party-list elections.
- G.R. No. 177271 was filed by Bantay Republic Act (BA-RA 7941) and Urban Poor for Legal Reforms (UP-LR) seeking to nullify Comelec resolutions accrediting 33 private party-list groups without verifying nominee qualifications.
- G.R. No. 177314 was filed by Rep. Loretta Ann P. Rosales, Kilosbayan Foundation, and Bantay Katarungan Foundation seeking disclosure of names of nominees of fourteen accredited party-list groups.
Parties and Their Positions
- Petitioners in G.R. No. 177271: BA-RA 7941 and UP-LR, alleging grave abuse of discretion by Comelec in accrediting groups and nominees without qualification checks.
- Petitioners in G.R. No. 177314: Rosales, Kilosbayan, Bantay Katarungan, invoking constitutional right to information to compel Comelec disclosure of nominee names.
- Respondent Comelec: Maintained confidentiality of nominee names under Section 7 of R.A. No. 7941, arguing that party-list voting is not personality-oriented and that law does not require public disclosure.
- Private respondents: Various accredited party-list groups who submitted comments, defending accreditation process and Comelec’s non-disclosure stance.
Factual Chronology
- January 12, 2007: Comelec issues Resolution No. 7804 prescribing rules for party-list manifestos and nominee submission.
- February–March 2007: Fourteen party-list groups file intent to participate and are accredited by Comelec.
- Late March 2007: Rosales sends letters (March 29, March 31) to Comelec requesting nominee names; no official response.
- April 3, 2007: Comelec en banc issues Resolution 07-0724, deferring disclosure of nominee names until after 3:00 p.m. on election day.
- April 13, 2007: Manila Bulletin reports Comelec’s refusal to reveal nominee names, quoting Chairman Abalos.
- April 18, 2007: BA-RA 7941 and UP-LR file p