AN WARAY PARTY-LIST, REPRESENTED BY FLORENCIO GABRIEL “BEM” NOEL, AND VICTIA ISABEL NOEL, IN HER OWN PERSONAL CAPACITY, PETITIONERS, VS. COMMISSION ON ELECTIONS, DANILO T. PORNIAS, JR., AND JUDE A. ACIDRE, RESPONDENTS.
FACTS
This case involves a petition concerning the jurisdiction over the cancellation of a party-list group’s registration. The petitioners are An Waray Party-List and its representatives. The respondents are the Commission on Elections (COMELEC) and individuals Danilo T. Pornias, Jr. and Jude A. Acidre. The core legal question presented is whether the COMELEC or the House of Representatives Electoral Tribunal (HRET) possesses jurisdiction to cancel the registration of a party-list group.
ISSUE
Whether the Commission on Elections (COMELEC) or the House of Representatives Electoral Tribunal (HRET) has jurisdiction to cancel the registration of a party-list group.
RULING
The concurring opinion holds that the COMELEC, and not the HRET, has jurisdiction to cancel a party-list group’s registration. The reasoning is based on the following principles:
1. Nature of Party-List Representation: The party-list system is distinct from district representation. It is the party-list group or organization itself that is elected, not primarily the individual nominee. The system aims to broaden electoral opportunities for groups with specific advocacies and to enable genuine political parties based on platforms and principles to evolve, thereby enriching democratic representation.
2. COMELEC’s Constitutional and Statutory Mandate: The COMELEC’s powers under the Constitution include the enforcement and administration of all laws and regulations relative to the conduct of elections. Republic Act No. 7941 (The Party-List System Act) explicitly grants the COMELEC the power to register, refuse registration, or cancel the registration of any party-list organization. This includes the authority to motu proprio cancel registration for failure to comply with laws, rules, or regulations.
3. Jurisdictional Distinction: Actions relating to the qualification or disqualification of an individual candidate elected under the party-list system fall within the HRET’s jurisdiction as the sole judge of all contests relating to the election, returns, and qualifications of House members. However, legal controversies arising from the cancellation of the registration of the party-list group itself are within the COMELEC’s jurisdiction. The cancellation of a party’s registration is a precondition that occurs before the HRET’s jurisdiction over a seated member’s qualification is invoked.
4. Certiorari Review: Since the COMELEC has jurisdiction, its actions in cancelling a party-list registration are subject to judicial review via a petition for certiorari to determine if it committed grave abuse of discretion.
DISPOSITION:
The concurring vote is to DENY the petition, affirming the COMELEC’s jurisdiction over the cancellation of party-list registration.
