The Supreme Court held that the Commission on Elections (COMELEC) has the authority to review and cancel the registration of party-list organizations, even after initial accreditation. This power ensures that party-list groups continuously meet the qualifications set by law to represent marginalized sectors. The Court emphasized that accreditation is not a perpetual right and can be revoked if a group fails to uphold the principles of the party-list system, designed to give voice to underrepresented communities.
LPGMA’s Accreditation: Can COMELEC Revisit Its Own Rulings?
This case stemmed from a complaint filed by Antonio D. Dayao, Rolando P. Ramirez, Adelio R. Capco, and the Federation of Philippine Industries, Inc. (FPII) against the LPG Marketers Association, Inc. (LPGMA). The petitioners sought to cancel LPGMA’s registration as a sectoral organization under the Party-List System of Representation. They argued that LPGMA did not represent a marginalized sector because its members were primarily marketers and independent refillers of LPG, controlling a significant portion of the retail market. The COMELEC initially dismissed the complaint, stating that the grounds for cancellation were not among those listed in Republic Act (R.A.) No. 7941, and that the complaint was essentially a belated opposition to LPGMA’s registration.
The Supreme Court disagreed with the COMELEC’s initial dismissal. According to the Court, the COMELEC’s power to cancel a party-list’s registration is distinct from its power to refuse registration. The power to refuse registration occurs during the initial application process, while the power to cancel can be exercised even after registration if the organization no longer meets the qualifications. Section 6 of R.A. No. 7941 lays down the grounds and procedure for the cancellation of party-list accreditation:
Sec. 6. Refusal and/or Cancellation of Registration.
The COMELEC may, motu propio or upon verified complaint of any interested party, refuse 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:
The Court clarified that failing to oppose a petition for registration does not preclude filing a complaint for cancellation later. The COMELEC’s role is to ensure the party-list system benefits the marginalized and underrepresented. This means continuously verifying that registered organizations meet the required qualifications. Moreover, the Court noted that the accreditation of a party-list group is not perpetually binding. Like a franchise granted to a corporation, it can be revoked if certain conditions arise. This ensures that organizations remain compliant with the law.
The allegation that LPGMA’s members did not belong to a marginalized sector fell under paragraph 5 of Section 6, which addresses violations of election laws. The Court referenced Ang Bagong Bayani-OFW Labor Party v. COMELEC, emphasizing that the party-list system is designed for marginalized groups. To be considered qualified, an organization must actively comply with this policy. The Supreme Court also stated:
It is the role of the COMELEC to ensure the realization of the intent of the Constitution to give genuine power to those who have less in life by enabling them to become veritable lawmakers themselves, by seeing to it that only those Filipinos who are marginalized and underrepresented become members of Congress under the party-list system. To effectively discharge this role, R.A. No. 7941 grants the COMELEC the power not only to register party-list groups but also to review and cancel their registration.
Although the Supreme Court found that the COMELEC initially erred in dismissing the complaint, it ultimately dismissed the petitions. This was due to a subsequent COMELEC resolution, issued on December 13, 2012, after conducting summary evidentiary hearings where all existing and registered party-list groups were reviewed. The COMELEC found LPGMA to be compliant with the qualifications set by law and jurisprudence.
In its Resolution dated December 13, 2012, the COMELEC declared that:
After exhaustive deliberation and careful review of the records, the Commission en bane finds the following groups accredited with the party list system compliant with the law and jurisprudence, and thus resolves to retain their registration for purposes of allowing them to participate in the 2013 elections. These groups and organizations, as well as their respective nominees, possess all the qualifications and none of the disqualifications under the law. Moreover, these groups belong to the marginalized and underrepresented sectors they seek to represent; they have genuinely and continuously supported their members and constituents, as shown by their track records.
Considering this resolution, the Court deemed it unnecessary to remand the case for further proceedings. The COMELEC had already determined that LPGMA met the legal qualifications, rendering a remand circuitous and dilatory.
FAQs
| What was the central issue in this case? | The central issue was whether the COMELEC has the authority to cancel the registration of a party-list organization after initially granting accreditation. This involves interpreting the scope of COMELEC’s powers under R.A. No. 7941 and the finality of its decisions. |
| What did the Supreme Court decide? | The Supreme Court held that the COMELEC does have the power to review and cancel the registration of party-list organizations, even after initial accreditation. However, the Court ultimately dismissed the petition because COMELEC had already reviewed LPGMA’s qualifications and found it compliant. |
| Why did the petitioners want to cancel LPGMA’s registration? | The petitioners argued that LPGMA did not represent a marginalized sector because its members were primarily marketers and independent refillers of LPG. They claimed that LPGMA’s members controlled a significant portion of the retail market, thus not qualifying as underrepresented. |
| What is Section 6 of R.A. No. 7941? | Section 6 of R.A. No. 7941 outlines the grounds and procedures for the COMELEC to refuse or cancel the registration of a party-list organization. These grounds include being a religious sect, advocating violence, receiving foreign support, or violating election laws. |
| Does failing to oppose a registration petition prevent filing a cancellation complaint? | No, the Court clarified that failing to oppose a petition for registration does not prevent an interested party from filing a complaint for cancellation later. The power to register and the power to cancel are distinct, and the absence of an initial opposition does not waive the right to question qualifications. |
| Is a party-list group’s accreditation perpetually binding? | No, the Court emphasized that accreditation is not a perpetual right. Like a franchise granted to a corporation, it can be revoked if certain conditions arise, ensuring organizations remain compliant with the law and continue to represent marginalized sectors. |
| What was the effect of COMELEC’s Resolution dated December 13, 2012? | This resolution identified party-list groups, including LPGMA, found to have complied with the qualifications set by law and jurisprudence. It was based on summary evidentiary hearings and led the Court to dismiss the petition, as COMELEC had already determined LPGMA’s compliance. |
| What is the role of COMELEC in the party-list system? | The COMELEC is responsible for ensuring the realization of the Constitution’s intent to give genuine power to marginalized and underrepresented sectors. It achieves this by verifying that only qualified Filipinos become members of Congress under the party-list system, with the power to both register and cancel registrations. |
In conclusion, the Supreme Court’s decision affirms the COMELEC’s critical role in maintaining the integrity of the party-list system. By retaining the authority to review and cancel registrations, the COMELEC can ensure that party-list organizations remain true to their mission of representing marginalized sectors, aligning with the Constitution’s vision of inclusive governance.
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: ANTONIO D. DAYAO, ET AL. VS. COMELEC and LPGMA, G.R. NO. 193643 and G.R. NO. 193704, January 29, 2013
Leave a Reply