G.R. No. 268546, August 6, 2024
AN WARAY PARTY-LIST, REPRESENTED BY FLORENCIO GABRIEL “BEM” NOEL, AND VICTORIA ISABEL NOEL, IN HER OWN PERSONAL CAPACITY, PETITIONERS, VS. COMMISSION ON ELECTIONS, DANILO T. PORNIAS, JR., AND JUDE A. ACIDRE, RESPONDENTS.

FACTS

Petitioner An Waray is a duly registered multi-sectoral party-list organization. In the 2013 National and Local Elections, its nominees were Neil Benedict A. Montejo (first), Jude A. Acidre (second), and Victoria Isabel Noel (third). An Waray garnered enough votes to initially secure one guaranteed seat in the House of Representatives. The COMELEC, sitting as the National Board of Canvassers (NBOC), issued Resolution No. 0008-13 on May 28, 2013, which adjusted seat allocations and increased An Waray’s seats to two, but this was stated to be “without prejudice to the proclamation of other parties.” On May 29, 2013, Acidre resigned as the second nominee, making Victoria the second nominee. On June 5, 2013, the NBOC issued a Certificate of Proclamation to An Waray for its first nominee, Montejo. Montejo took his oath on June 26, 2013. Victoria took her oath on July 13, 2013, before a Senator. An Waray requested a Certificate of Proclamation for Victoria, but the NBOC merely noted the request. Subsequently, the Supreme Court’s Decision in Abang Lingkod Party-List v. COMELEC led to a recomputation of seats. On August 20, 2014, the NBOC issued Resolution No. 13-030 (PL)/0004-14, declaring the final distribution of seats and listing An Waray as entitled to only one seat. Despite this, Victoria had assumed office. In 2019, private respondents Danilo T. Pornias, Jr. and Jude A. Acidre filed a petition with the COMELEC for the cancellation of An Waray’s registration under Section 6 of the Party-List System Act (Republic Act No. 7941). They alleged that Victoria assumed office without a valid proclamation and when An Waray was finally entitled to only one seat, constituting a violation of election laws. The COMELEC Second Division granted the petition and cancelled An Waray’s registration. The COMELEC En Banc denied the motion for reconsideration.

ISSUE

Whether the COMELEC committed grave abuse of discretion in cancelling the registration of An Waray Party-List.

RULING

No, the COMELEC did not commit grave abuse of discretion. The Supreme Court dismissed the petition and affirmed the COMELEC Resolutions. The Court held that the COMELEC has jurisdiction over the petition for cancellation of a party-list’s registration, which is distinct from a contest over the election, returns, or qualifications of a House member falling under the House of Representatives Electoral Tribunal’s exclusive jurisdiction. The petition involved the qualification of the party-list organization itself to remain registered. On the merits, the Court found that An Waray, through Victoria, committed a violation of election laws by having her assume the position of party-list representative without a prior valid proclamation from the COMELEC (NBOC), as expressly required by Section 13 of the Party-List System Act. The final NBOC Resolution of August 20, 2014, established that An Waray was entitled to only one seat. Victoria’s assumption of the second seat, therefore, constituted a deliberate disregard of legal requirements. This violation provided a valid ground for the cancellation of An Waray’s registration under Section 6(5) of the Party-List System Act, which allows cancellation for violation of election laws. The penalty of cancellation was not disproportionate, as the law aims to preserve the integrity of the party-list system. The Court also found no violation of the right to speedy disposition of cases, as the delay was not unreasonable and was partly attributable to the petitioners’ own motions. The equal protection claim was likewise dismissed for lack of substantial evidence showing deliberate, arbitrary discrimination.