THE Commission on Elections (Comelec) yesterday said it is prepared to defend its decision to give Gabriela Women’s Party the 64th winning party-list seat during the May 2025 polls amid questions from the National Task Force to End Local Communist Armed Conflict (NTF-Elcac).
In a brief statement, Comelec chairman George Garcia said they are ready to answer the petition of NTF-Elcac before the Supreme Court (SC).
“Conflict of interpretations on a question of law is ripe for judicial review. We will defend our stand,” Garcia said.
On Wednesday, the NTF-Elcac asked the SC to issue a status quo ante order (SQAO) concerning the proclamation of Gabriela by the Comelec sitting as the National Board of Canvassers (NBOC).
Also on Wednesday, the Comelec proclaimed Gabriela and its first nominee, Sarah Elago, as the 64th party-list representative in the 20th Congress.
In its Resolution, the Comelec said that the 64 seat-allocation for party-lists is tantamount to 20.1258 percent party-list composition of the House of Representatives, while the 63 seat-allocation for party-lists is only equal to 19.8738 percent composition.
“It cannot be rounded off. The Constitution says that party-list members should be 20 percent of the entire composition of the House of Representatives,” Garcia explained.
In addition, the poll chief said it is now the House of Representatives Electoral Tribunal (HRET) that holds jurisdiction over questions concerning Gabriela party-list.
“Once they are proclaimed, have taken their oath, and assume the position, we will lose jurisdiction over them,” he said.
