THE An Waray party-list yesterday appealed the decision of the Commission on Elections (Comelec) to cancel its registration, insisting that its second nominee in the 2013 polls did not illegally occupy a seat in the House of Representatives.
In its 35-page Motion for Reconsideration (MR), the An Waray said it is imperative for the Comelec en banc to reverse the ruling of the Commission’s Second Division promulgated last June 2.
“The Assailed Resolution should be reversed and set aside for insufficiency of evidence to justify the decision and for being contrary to law,” said An Waray, adding: “Wherefore, premises considered, it is most respectfully moved and prayed that the instant Motion for Reconsideration be granted and that the Resolution dated June 2, 2023 of the Honorable Commission (2nd Division) be reversed and set aside.”
In its ruling, the Comelec 2nd Division cancelled the registration of An Waray party-list after it was found to have unlawfully assumed a second seat in the 16th Congress as a result of the 2013 national and local polls.
According to the Comelec 2nd Division, the cancellation is based on the actions of then nominee Victoria Isabel Noel who supposedly assumed the second House seat for An Waray sans a Certificate of Proclamation from the Comelec.
But according to An Waray, a separate proclamation of its nominee is not material or required for the said nominee to take an oath and assume the office of member of the House of Representatives.
It claimed that the poll body no longer need to look far for a basis, but simply review its own ruling on the disqualification case filed against Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) party-list fourth nominee Erwin Tulfo, where it said that the former broadcaster is already deemed proclaimed when the group was proclaimed during the May 2022 polls.
“In Tulfo (case), wherein the issue was whether Tulfo was already considered proclaimed when the petition to disqualify him was filed in February 2023, the Honorable Commission (2nd Division) ruled that Tulfo was deemed proclaimed when ACT- CIS party-list was proclaimed in May 2022,” argued An Waray.
“Following the logic in Tulfo that the proclamation of nominees is included in the proclamation of a party-list organization, respondent Victoria (who was then the second nominee of An Waray) was likewise deemed proclaimed,” it added.
The party-list also said that the Comelec does not have jurisdiction over the legality of Noel’s assumption to office since this is already under the jurisdiction of the House of Representatives Electoral Tribunal (HRET).
“We submit that since the resolution of the instant petition is dependent on the validity of Victoria’s proclamation as member of the House, it is covered in the word ‘returns’ in the phrase ‘election, returns, and qualifications’ over all contests relating, to which HRET is the sole judge,” it said.
“Thus, the Honorable Commission should have outrightly dismissed the instant petition for lack of jurisdiction,” added the party-list.
On the other hand, An Waray accused the Commission of violating the right of the respondents to a speedy trial and resolution of the case, noting how the case was submitted for resolution way back in July 2019, when the parties submitted their respective memoranda.
“On the part of the Honorable Commission, it decided the case after four years from the time it was submitted for resolution,” it said.
“Thus, this case should have also been dismissed by the Commission for inordinate delay or violation of the respondents’ right to speedy disposition of cases,” added An Waray.
