In COCOFED-Philippine Coconut Producers Federation, Inc. v. Commission on Elections, the Supreme Court affirmed the COMELEC’s decision to cancel COCOFED’s registration for failing to submit the statutorily required list of at least five nominees before the election. This ruling underscores the mandatory nature of the nominee requirement in the party-list system and reinforces the COMELEC’s authority to ensure compliance with election laws. The Court emphasized that the submission of a complete list of nominees is essential for voters to make informed choices and for the effective functioning of the party-list system.

Can a Party-List Circumvent the Five-Nominee Rule?

The COCOFED case revolves around the Commission on Elections’ (COMELEC) decision to cancel the registration and accreditation of COCOFED-Philippine Coconut Producers Federation, Inc. for failing to comply with Section 8 of Republic Act (RA) No. 7941, which requires party-list organizations to submit a list of not less than five nominees. COCOFED argued that the COMELEC violated its right to due process and equal protection, asserting that the requirement should not be strictly applied and that its failure to submit the required number of nominees was based on a good faith belief that it could be remedied. The Supreme Court, however, disagreed, holding that the submission of a list of five nominees is a mandatory requirement for participation in the party-list system.

The Court began by addressing the issue of mootness, clarifying that although COCOFED’s votes were counted in the 2013 elections, the validity of the COMELEC’s resolution canceling COCOFED’s registration remained a live issue. The Court highlighted the distinction between registering as a party-list and simply manifesting intent to participate in subsequent elections. The Supreme Court underscored that a party-list group already registered “need not register anew” for purposes of every subsequent election, but only needs to file a manifestation of intent to participate with the COMELEC.

Building on this distinction, the Court then delved into the core issue of whether the COMELEC gravely abused its discretion in issuing the assailed resolution, holding that it did not. The Court emphasized that Section 8 of RA No. 7941 expressly requires the submission of a list containing at least five qualified nominees stating that:

Section 8. Nomination of Party-List Representatives. Each registered party, organization or coalition shall submit to the COMELEC not later than forty-five (45) days before the election a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes.

The Court noted that the COMELEC had informed all registered parties of this requirement as early as February 8, 2012, through Resolution No. 9359. Failure to comply with election laws, rules, or regulations is a ground for cancellation of registration under Section 6(5) of RA No. 7941. Since the grounds for cancellation under Section 6 pertain to the party itself, the laws, rules, and regulations violated must be primarily imputable to the party and not merely to an individual member or nominee.

The Court emphasized that COCOFED’s failure to submit a list of five nominees, despite having ample opportunity to do so before the elections, constituted a violation imputable to the party under Section 6(5) of RA No. 7941. The language of Section 8 uses the word “shall” in conjunction with the number of names to be submitted, i.e., “not less than five.” The Court further elaborated that the use of these terms together is a plain indication of legislative intent to make the statutory requirement mandatory for the party to undertake. It added that the date and manner of submission of the list having been determined by law, it serves as a condition precedent for registration of new party-list groups or for participation in the party-list elections.

The Court explained that pursuant to the terms of Section 8 of RA No. 7941, it cannot leave to the party the discretion to determine the number of nominees it would submit. It stresses that the requirement of submission of a list of five nominees is primarily a statutory requirement for the registration of party-list groups and the submission of this list is part of a registered party’s continuing compliance with the law to maintain its registration.

The Court also addressed COCOFED’s argument that it was not given due notice and hearing before the cancellation of its registration. The Court acknowledged that Section 6 of RA No. 7941 requires the COMELEC to afford “due notice and hearing” before refusing or cancelling the registration of a party-list group as a matter of procedural due process. However, the Court clarified that the registration of party-list groups involves the exercise of the COMELEC’s administrative power, particularly its power to enforce and administer all laws related to elections. While COCOFED could have complied after the elections, it should have, at the very least, submitted an explanation justifying its inability to comply prior to the elections.

Building on this discussion, the Court tackled COCOFED’s argument that the number of nominees becomes significant only when a party-list organization is able to attain a sufficient number of votes. However, the Court pointed out that the COMELEC had again apprised registered party-list groups that its Manifestation of Intent to Participate shall be accompanied by a list of at least five (5) nominees. Under Section 9, Rule 5 of this resolution, the Education and Information Department of the COMELEC shall cause the immediate publication of this list in two national newspapers of general circulation.

The Court emphasized that publication of the list of nominees serves to satisfy the people’s constitutional right to information on matters of public concern. The need for submission of the complete list required by law becomes all the more important in a party-list election to apprise the electorate of the individuals behind the party they are voting for. If only to give meaning to the right of the people to elect their representatives on the basis of an informed judgment, then the party-list group must submit a complete list of five nominees because the identity of these five nominees carries critical bearing on the electorate’s choice.

The Supreme Court noted that even if a party-list group can only have a maximum of three seats, the requirement of additional two nominees actually addresses the contingencies that may happen during the term of these party-list representatives. This is in accordance with Section 16 of RA No. 7941, which provides that in case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term.

Ultimately, the Court affirmed the COMELEC’s authority to enforce election laws and underscored the importance of adhering to statutory requirements for the integrity of the party-list system. The ruling reinforces the principle that the COMELEC has the power to enforce and administer election laws and that parties must comply with these laws to participate in the electoral process. Furthermore, it underscores that the failure to submit the required list of nominees is a violation imputable to the party under Section 6(5) of RA No. 7941.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC gravely abused its discretion in canceling COCOFED’s registration for failing to submit the required list of at least five nominees before the election.
What is the legal basis for requiring a list of five nominees?	Section 8 of RA No. 7941, the Party-List System Act, mandates that each registered party, organization, or coalition shall submit to the COMELEC a list of names, not less than five, from which party-list representatives shall be chosen.
Why is the submission of a complete list of nominees important?	The submission of a complete list is important because it allows voters to make informed choices about the party they are voting for, as the nominees’ identities carry critical bearing on the electorate’s choice. It also addresses potential vacancies in the party-list representation.
Can a party-list group submit additional nominees after the election?	No, the Court ruled that allowing a party-list group to complete the list of its nominees beyond the deadline set by the law would allow the party itself to do indirectly what it cannot do directly, and defeats the constitutional purpose of informed voter choice.
Does the COMELEC have the authority to cancel a party-list group’s registration?	Yes, Section 6(5) of RA No. 7941 provides that violation of or failure to comply with laws, rules, or regulations relating to elections is a ground for the cancellation of registration.
Is it mandatory for the COMELEC to conduct summary evidentiary hearings?	No, the Court clarified that the registration of party-list groups involves the exercise of the COMELEC’s administrative power, particularly its power to enforce and administer all laws related to elections.
What is the effect of disqualification of some of the nominees?	The disqualification of some of the nominees shall not result in the disqualification of the party-list group, provided that they have at least one nominee who remains qualified.
What is the remedy in case of vacancy in the seats reserved for party-list representatives?	In case of vacancy, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term.

The Supreme Court’s decision in the COCOFED case serves as a significant reminder to party-list organizations of the importance of adhering to statutory requirements for participation in the electoral process. By emphasizing the mandatory nature of the nominee requirement and upholding the COMELEC’s authority to enforce election laws, the Court has reinforced the integrity and effectiveness of the party-list system.

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: COCOFED-Philippine Coconut Producers Federation, Inc. v. Commission on Elections, G.R. No. 207026, August 06, 2013