Comelec affirms cancellation of An Waray party-list

The Commission on Elections (Comelec) on Monday affirmed the cancellation of the registration of An Waray party-list.

In a 28-page resolution, the Comelec en banc denied the motion for reconsideration filed by the party for utter lack of merit and affirmed the resolution of the Second Division.

“We rule in the negative. We affirm the Second Division’s Resolution cancelling the registration of the An Waray Party-List,” Comelec said.

“Considering that An Waray is entitled to one seat only and that its Second Nominee clearly committed a violation of electoral laws, the cancellation of registration of An Waray Party-list is proper,” it later added.

The Second Division earlier canceled the registration of the An Waray party-list for allowing a second nominee, Isabel Noel, to sit as a member of Congress without the proper authority.

This led the party-list to file a motion for reconsideration, arguing 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 a 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.

However, the Comelec en banc said there is uncontroverted substantial evidence showing that the party-list violated electoral laws.

“The law expressly requires that Party-list representatives shall be proclaimed by the Comelec based on the list of names submitted by their respective parties, organizations, or coalitions to the Comelec,” it said.

It stressed that no certificate of proclamation was issued to An Waray entitling Noel to sit as a representative.

“Hence, the act of taking her oath and her assumption of office with no Certificate of Proclamation, clearly constitutes a violation of the rules relating to Party-list representatives,” it said.

“She may not now claim good faith, much less feign compliance with the law,” it added.

When sought for comment, An Waray said it does have a statement yet as of posting time.—LDF, GMA Integrated News