Comelec eyes clearer amendments to Party-list Law after SC's decision on Guanzon substitution

The Commission on Elections (Comelec) on Sunday said the decision of the Supreme Court to scrap retired poll commissioner Rowena Guanzon’s substitution as P3PWD party-list nominee in 2022 has paved the way for clearer guidelines on how the Party-list Law should be amended.

Comelec chairman George Garcia said the poll body will make use of the High Court’s decision to push for amendments on the existing policies on party-list groups, specifically when it comes to the substitution of nominees.

“Napakaganda ng naging desisyon sapagkat nabigyan kami ng guidance do’n sa mga bagay na dati-rati ay gray area o ika nga ay subject sa iba’t ibang interpretasyon,” Garcia said in a Super Radyo dzBB interview.

(We welcome the decision because it gave us guidance on things that used to be gray areas or subject to different interpretations.)

“Kung kaya mamarapatin at gagawan namin ng paraan na 'yung aming mga umiiral na patakaran patungkol sa party-list, lalo na sa isyu ng substitution ng mga nominees lalo na't ito ay mangyayari pagkatapos ng eleksyon o bago mag-eleksyon ay aming mababago,” he added.

(Therefore, we will make a way to push for the amendment of our existing policies on party-list groups, especially on the issue of the substitution of nominees as it happens after or before the elections.)

The SC en banc earlier granted a petition seeking the removal of Guanzon from the list of nominees of Komunidad ng Pamilya, Pasyente at Persons with Disabilities (P3PWD) party-list in the 2022 national and local elections.

In a 131-page decision, the SC granted the petition filed by the Duty to Energize the Republic Through the Enlightenment of the Youth (Duterte Youth) party-list seeking to declare a Comelec resolution, which allowed the substitution of Guanzon as P3PWD nominee, as null and void.

With this, Garcia recalled the poll body’s policy during the filing of certificates of candidacy for the 2025 midterm elections, wherein they banned the substitution of candidates after the last day of filing if the substitution will be made due to the withdrawal of the candidate.

“Kinakailangan kapag nag-set ng deadline, kung kailan 'yung deadline ng substitution, ay dapat hanggang doon na lamang ‘yung palitan. Hindi na pupwedeng magkaroon ng palitan lalo na kapag ito ay panahon na o natapos na ang eleksyon,” he said.

(It’s necessary that when the deadline is set, the substitution should only be done until then. There should be no substitution especially during or after the elections.)

In October, the Comelec called for a “complete overhaul” of the Party-list Law to address and reflect present issues.

Garcia back then said it is “about time” to re-examine and revise Republic Act (RA) No. 7941, which sets the provisions for the party-list system in the country. —KG, GMA Integrated News