Title
Coalition of Associations of Senior Citizens in the Philippines, Inc. vs. Commission on Elections
Case
G.R. No. 206844-45
Decision Date
Jul 23, 2013
Internal faction conflict in SENIOR CITIZENS party-list led to COMELEC disqualification; SC ruled cancellation lacked due process, term-sharing agreement unimplemented, retroactive application invalid, and ordered proclamation.
coalition
associations
senior citizens
A

Case Summary (G.R. No. 206844-45)

Procedural Posture and Relief Sought

Both factions filed separate but substantively similar petitions for certiorari under Rule 64 in relation to Rule 65, seeking annulment of the COMELEC En Banc Omnibus Resolution of May 10, 2013 in SPP Nos. 12-157 (PLM) and 12-191 (PLM), which disqualified SENIOR CITIZENS from participating in the May 13, 2013 elections and ordered cancellation of its registration and accreditation. The petitions sought injunctive reliefs including TROs, status quo ante, and mandatory proclamation pendente lite.

Accreditation History and 2010 Elections

COMELEC initially accredited SENIOR CITIZENS as a party-list on March 16, 2007. The organization participated in 2007 but failed to reach the two-percent threshold. SENIOR CITIZENS was later allocated one seat under BANAT procedural rules and participated in the May 10, 2010 elections, where it ranked second among party-list candidates and was allocated two seats occupied by nominees 1 (Arquiza) and 2 (David L. Kho).

The Irrevocable Covenant and Term-Sharing Agreement

On May 5, 2010, the nominees of SENIOR CITIZENS executed an “Irrevocable Covenant” setting out an agreed order of nominees and an explicit “Sharing of Power” scheme. The covenant provided for term-sharing arrangements depending on the number of seats won (e.g., if one seat won, No. 1 serves until June 30, 2012 and No. 2 serves thereafter; if two seats, split terms; if three seats, more complex rotation). The covenant also contemplated sharing of benefits and positions tied to the office.

Emergence of Internal Factional Dispute

A national convention on November 27, 2010 reportedly elected new officers and the Datol Group alleged Datol was elected chairman; the Arquiza-aligned Board allegedly expelled Datol on November 30, 2010. Rival factions thereafter asserted competing leadership and filed separate manifestations to participate in the 2013 party-list elections.

Resignation of Rep. David L. Kho and E.M. No. 12-040

Rep. Arquiza informed COMELEC that Rep. Kho tendered an irrevocable resignation effective December 31, 2011, tied to the term-sharing covenant, and filed a petition dated December 14, 2011 seeking confirmation of replacement by the fourth nominee (Remedios D. Arquiza). The matter was docketed as E.M. No. 12-040. The Board allied with Arquiza later adopted a resolution recalling acceptance of Kho’s resignation, allowing him to continue subject to conditions. COMELEC Resolution No. 9366 (Feb. 21, 2012) explicitly provided in Section 7, Rule 4 that “filing of vacancy as a result of term sharing agreement among nominees…shall not be allowed.”

COMELEC’s 2012 Ruling in E.M. No. 12-040

On June 27, 2012, the COMELEC En Banc dismissed the Arquiza Group’s petition in E.M. No. 12-040, holding that resignations based on term-sharing agreements could not be recognized to change the order of nominees submitted to COMELEC. The En Banc deemed the term-sharing agreement null and void as contrary to public policy (public office cannot be made subject to private agreements) and stressed the permanence of the submitted list of nominees except in three statutory situations (death, written withdrawal, or incapacity). The resolution thus found no vacancy and refused to alter the list/order of nominees.

COMELEC Review of Registration Under Resolution No. 9513

Pursuant to COMELEC Resolution No. 9513, the En Banc conducted summary evidentiary hearings on August 24, 2012 for existing registered party-list groups that filed Manifestations of Intent to Participate in the May 13, 2013 elections. Both SENIOR CITIZENS factions presented evidence of continuing compliance with accreditation requirements during these hearings.

December 4, 2012 and May 10, 2013 COMELEC Resolutions — Cancellation of Registration

On December 4, 2012, by a 4–3 vote, the COMELEC En Banc ordered cancellation of SENIOR CITIZENS’ registration, finding that nominees had entered into a term-sharing agreement and that such an agreement truncated the constitutionally-prescribed three-year term (Art. VI, Sec. 7) in violation of RA 7941 and COMELEC rules. The May 10, 2013 Omnibus Resolution reaffirmed and explicitly grounded cancellation on the term-sharing agreement as contrary to public policy and as independent grounds apart from the Atong Paglaum parameters. The COMELEC deemed such agreements to bastardize the fixed constitutional term and to run afoul of the procedure for filling vacancies under Section 16 of RA 7941. The En Banc ruled that cancellation and denial of manifestations to participate were proper and ordered removal from the registry.

Atong Paglaum Remand, Elections, and Interim Court Orders

This Court’s decision in Atong Paglaum remanded petitions, directing COMELEC to determine qualifications under specified parameters and allowing summary evidentiary hearings; the COMELEC applied these parameters in its May 10, 2013 Omnibus Resolution. Despite COMELEC’s May 10 ruling, SENIOR CITIZENS received 677,642 votes on May 13, 2013. Multiple TROs and status quo ante orders were sought; this Court initially granted stay-type reliefs including a TRO issued May 29, 2013 ordering COMELEC to cease proclamations of party-list winners and to reserve seats for SENIOR CITIZENS pending resolution. COMELEC, however, treated its May 10, 2013 resolution as final and proceeded with NBOC proclamations, prompting further Court intervention.

Issues Presented to the Court

Key issues raised by the Datol and Arquiza Groups included: whether COMELEC committed grave abuse of discretion by (1) adding “public policy” as an independent ground for cancellation under Sec. 6, RA 7941; (2) canceling registration without due process; (3) concluding the existence of a disqualifying term-sharing agreement; and (4) invoking automatic En Banc review procedures beyond permissible En Banc authority. The Arquiza Group additionally queried COMELEC’s adherence to Atong Paglaum parameters and the validity/finality of COMELEC En Banc and NBOC resolutions.

Court’s Due Process Analysis

The Court found merit in the petitioners’ due process claims. Although SENIOR CITIZENS was afforded a summary hearing on August 24, 2012 under Resolution No. 9513 to demonstrate continuing compliance, the Court held that the organization was not adequately apprised that the term-sharing agreement would be treated as a decisive ground for cancellation in subsequent proceedings culminating in the May 10, 2013 Omnibus Resolution. The April 18, 2012 hearing on E.M. No. 12-040 — focused on confirmation of replacement — did not constitute sufficient notice that the term-sharing agreement would form the basis for cancellation of registration. The Court applied the Ang Tibay standards, as explicated in Mendoza v. COMELEC, emphasizing (i) the right to present evidence and be heard on material issues, (ii) that the decisionmaker must independently consider and base conclusions on substantial evidence in the record, and (iii) the duty to state reasons for the decision. Because SENIOR CITIZENS was not given an opportunity to address the term-sharing ground after Atong Paglaum remand, COMELEC’s action violated due process.

Court’s Analysis on Term-Sharing, Retroactivity, and Implementation

On the substantive threshold, the Court recognized that COMELEC had declared term-sharing contrary to public policy and had promulgated Resolution No. 9366 (Feb. 21, 2012) disallo

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