THE Commission on Elections (Comelec) yesterday affirmed the cancellation of the registration of An Waray as a party-list organization eligible to run during poll exercises.
In its 10-page resolution, the Comelec en banc agreed with the earlier ruling of the Commission’s Second Division canceling the accreditation of the An Waray due to the violations it committed in the 2013 polls.
“We rule in the negative. We affirm the Second Division’s Resolution canceling the registration of An Waray Party list,” said the Comelec.
“Wherefore, premises considered, the Commission (En Banc) resolves to deny the Motion for Reconsideration for utter lack of merit. The Resolution of the Second Division is hereby affirmed,” it added.
The poll body said this is because the Motion for Reconsideration filed proved to be insufficient to justify the overturning of the decision.
“Respondents, in this case, presented no exceptional circumstance or any compelling reason to warrant the reversal or modification of the Resolution of the Second Division granting the Petition,” said the Commission.
In addition, Comelec said the petition offered substantial evidence establishing the clear violation of electoral laws committed by An Waray.
“In the case under consideration, it is an undisputed fact that there was no Certificate of Proclamation issued to An Waray entitling its Second Nominee, Atty. Victoria Isabel Noel, to sit as a representative in the House of Representatives in relation to the 2013 NLE. 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,” said the Comelec.
Back in June 2023, the Comelec Second Division ordered the cancellation of the registration of An Waray as a party-list organization after Atty. Noel was found to have illegally assumed office as the second representative of the An Waray party list in the 16th Congress sans a Certificate of Proclamation issued.
In a phone interview, Comelec Chairman George Garcia said the party-list has 30 days to appeal the ruling.
“The party list can still go to the Supreme Court,” said Garcia.
In the 19th Congress, An Waray currently has one seating member in Rep. Florencio Gabriel Noel.
Asked if Noel must step down due to the Comelec ruling, the poll chief said it might be out of their hands already.
“It is a purely legal issue of jurisdiction of which the Comelec may not have jurisdiction in accordance with our Constitution,” said Garcia.
