An Waray appeals Comelec division’s cancellation of party-list registration

An Waray party-list has filed a motion for reconsideration on the Commission on Elections (Comelec) Second Division’s cancellation of its registration for allowing a second nominee to sit as a member of Congress without the proper authority in violation of the party-list law.

The party-list group has prayed for the reversal and setting aside of the Comelec Second Division resolution which found that An Waray has allowed its second nominee during the 2016 polls, lawyer Victoria Isabel Noel, to sit as a member of the House of Representatives knowing "fully well" that the the poll body has not issued a Certificate of Proclamation entitling her to do so.

In their appeal filed last June 2, An Waray argued that in the party-list system, the candidate is the organization itself and what is being proclaimed is the party and not its nominee.

They said that a separate proclamation of nominee is not material nor required for the particular nominee to take an oath and assume office as a member of the House of Representatives.

It cited the Comelec Second Division’s resolution on the disqualification petition against Erwin Tulfo—a nominee of ACT-CIS party-list—where the same body confirmed that a separate proclamation of nominees after the party has been proclaimed is not material nor required.

An Waray likewise argued that the Comelec has no jurisdiction to pass upon the legality of Noel’s proclamation and assumption as member of the House of Representatives, adding that the House of Representatives Electoral Tribunal (HRET) is the sole judge of all contests relating to the election, returns, and qualifications.

The motion for reconsideration also questioned the Second Division’s view that while An Waray was proclaimed as one of the winners in the party-list race during the 2013 polls and was initially entitled to two seats in the House of Representatives, this was recomputed and reduced to one seat only under National Board of Canvassers (NBC) Resolution No. 13-030(PL)/004-14 issued on August 20, 2014.

It said that when the SC decision was promulgated on October 22, 2023, Noel was already a member of the House of Representatives after having been “validly proclaimed” in May 2013, taken her oath and assumed office in July 2013.

An Waray further asserted that Noel’s assumption as member of the House was never questioned even after the promulgation of the SC decision.

Further, it said that the alleged election offense committed is already prescribed.

The party-list organization also questioned the lack of proof of the participation of An Waray in the alleged unlawful assumption of Noel.

It claimed that the Comelec Second Division resolution violates the respondents’ constitutional right to speedy disposition of cases. — RSJ, GMA Integrated News