The Supreme Court addressed the delisting of the Philippine Guardians Brotherhood, Inc. (PGBI) from the roster of registered party-list organizations. The Court ruled that the Commission on Elections (COMELEC) erred in applying Section 6(8) of the Party-List System Act (RA 7941) by combining two separate grounds for delisting: failing to participate in the last two elections and failing to secure at least two percent of the votes in the previous two elections. This decision emphasizes that these are distinct grounds and cannot be merged to justify delisting a party-list organization. It reaffirms the importance of adhering to the clear language and legislative intent of the law, thereby safeguarding the representation of marginalized sectors in the Philippine government.

When Election Absence Doesn’t Equal Automatic Disqualification: A Party-List’s Fight for Representation

This case revolves around the COMELEC’s decision to delist PGBI, citing its failure to obtain two percent of the votes cast in 2004 and its non-participation in the 2007 elections. The legal crux lies in interpreting Section 6(8) of Republic Act No. 7941 (RA 7941), also known as the Party-List System Act. This provision allows the COMELEC to remove a party-list organization if it:

Section 6. Removal and/or Cancellation of Registration. – The COMELEC may motu proprio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:

x x x x

(8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

The COMELEC relied on its earlier interpretation in the Philippine Mines Safety Environment Association, also known as “MINERO” v. Commission on Elections (Minero) case, which applied Section 6(8) to disqualify a party-list that failed to meet the 2% threshold in one election and did not participate in the subsequent election. PGBI argued that Minero was inapplicable and that Section 6(8) required separate and distinct failures in both preceding elections to warrant delisting. The Supreme Court, after initially dismissing PGBI’s petition, granted reconsideration and reinstated the case to its docket, recognizing the need to re-examine the application of Section 6(8). This reassessment highlights the significance of understanding the legislative intent behind the law and ensuring that its application aligns with the principles of due process and equal protection.

The Supreme Court emphasized that the word “or” in Section 6(8) is a disjunctive term, indicating two separate and independent grounds for delisting. The Court stated, “The word ‘or’ is a disjunctive term signifying disassociation and independence of one thing from the other things enumerated; it should, as a rule, be construed in the sense in which it ordinarily implies, as a disjunctive word.” This interpretation clarifies that failing to participate in two elections is one ground, while failing to obtain the required percentage in two elections is another, and they cannot be combined. Building on this principle, the Court addressed its earlier ruling in Minero, acknowledging that it was an erroneous application of Section 6(8) of RA 7941. The Court noted that the Minero ruling was “diametrically opposed to the legislative intent of Section 6(8) of RA 7941.” The Court emphasized the importance of legislative intent in interpreting laws, as it provides valuable context for understanding the purpose and scope of the legal provision.

Moreover, the Supreme Court considered its decision in Barangay Association for Advancement and National Transparency v. COMELEC (Banat), which partly invalidated the 2% party-list vote requirement for the allocation of additional seats. In Banat, the Court ruled that “the continued operation of the two percent threshold for the distribution of the additional seats as found in the second clause of Section 11(b) of R.A. No. 7941 is unconstitutional.” This ruling implied that party-list groups garnering less than 2% of the votes could still qualify for seats in the allocation of additional seats. Consequently, the Court clarified that disqualification for failing to get 2% party-list votes in two preceding elections should be understood in light of Banat. Therefore, a party-list organization should only be delisted if it failed to qualify for a seat in the two preceding elections.

The Supreme Court explicitly abandoned the Minero ruling, recognizing its erroneous application of the law and its potential to prejudice party-list organizations. The Court held, “As our discussion above shows, the most compelling reason to abandon Minero exists; it was clearly an erroneous application of the law – an application that the principle of stability or predictability of decisions alone cannot sustain.” The doctrine of stare decisis et non quieta movere, which promotes adherence to precedents, was set aside in this instance due to the significant error in the previous ruling. The Court affirmed its authority to state what the law is and to correct previous interpretations that are inconsistent with the legislative intent and the principles of justice.

Regarding the issue of due process, the Court found that PGBI’s right to due process was not violated. PGBI was given the opportunity to seek reconsideration of Resolution No. 8679. The Court reiterated that due process requires only the opportunity to be heard and to seek reconsideration of the action complained of, not necessarily a formal or trial-type hearing. Ultimately, the Supreme Court granted PGBI’s petition, annulling COMELEC Resolution No. 8679 and the subsequent resolution denying PGBI’s motion for reconsideration. This decision affirmed PGBI’s qualification to participate in the upcoming May 2010 elections, ensuring its continued representation of its constituency.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC correctly applied Section 6(8) of RA 7941 to delist PGBI, specifically whether failing to participate in one election and failing to reach the 2% threshold in the previous election constituted grounds for delisting.
What is Section 6(8) of RA 7941?	Section 6(8) of RA 7941 allows the COMELEC to remove a party-list organization if it fails to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast in the two preceding elections.
How did the Supreme Court interpret the word “or” in Section 6(8)?	The Supreme Court interpreted “or” as a disjunctive term, meaning the two conditions (failure to participate and failure to obtain 2% of votes) are separate and independent grounds for delisting.
What was the Minero ruling, and why did the Court abandon it?	The Minero ruling allowed the COMELEC to delist a party-list that failed to get 2% of the votes in one election and did not participate in the subsequent election; the Court abandoned it because it was an erroneous application of Section 6(8).
How did the Banat ruling affect the interpretation of the 2% threshold?	The Banat ruling partly invalidated the 2% threshold for additional seats, meaning party-lists with less than 2% could still qualify; thus, disqualification now applies to those failing to qualify for a seat in two preceding elections.
Was PGBI denied due process in this case?	No, the Court found that PGBI was not denied due process because it had the opportunity to seek reconsideration of the COMELEC’s resolution.
What was the final outcome of the case?	The Supreme Court granted PGBI’s petition, annulling the COMELEC’s resolutions and allowing PGBI to participate in the May 2010 elections.
What is the significance of legislative intent in interpreting laws?	Legislative intent provides valuable context for understanding the purpose and scope of a legal provision, ensuring its application aligns with the goals of the lawmakers.

This case underscores the importance of adhering to the plain language and legislative intent of laws, especially those concerning representation and participation in the political process. The Supreme Court’s decision safeguards the rights of party-list organizations and ensures that delisting is based on a clear and accurate application of the law.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Philippine Guardians Brotherhood, Inc. (PGBI) vs. COMELEC, G.R. No. 190529, April 29, 2010