An Waray Party-List v. Commission on Elections
REITERATIONFacts
1. The Antecedents: An Waray Party-List (An Waray) participated in the 2013 National and Local Elections (NLE) and was initially proclaimed as entitled to two seats in the House of Representatives (HoR). Its nominees were Neil Benedict A. Montejo and Jude A. Acidre. Acidre later resigned, and Victoria Isabel Noel (Victoria) succeeded as the second nominee. An Waray obtained 541,205 votes, initially securing two seats based on NBOC Resolution No. 0008-13. Victoria took her oath of office on July 13, 2013, despite the absence of a Certificate of Proclamation (CoP) specifically for her. 2. Procedural History: Subsequent to the 2013 NLE, NBOC Resolution No. 13-030 (PL)/0004-14, issued on August 20, 2014, recomputed the seat allocations based on the BANAT formula, reducing An Waray's entitlement to only one seat. Despite this, Victoria continued to occupy the second seat until the end of her term. Years later, on May 10, 2019, Danilo T. Pornias, Jr. and Jude A. Acidre filed a petition with the Commission on Elections (COMELEC) seeking the cancellation of An Waray's registration, alleging violations of election laws. The COMELEC Second Division granted the petition on June 2, 2023, and the COMELEC En Banc denied the motion for reconsideration on August 14, 2023. 3. The Petition: An Waray and Victoria filed a Petition for Certiorari under Rule 64, in relation to Rule 65 of the Rules of Court, assailing the COMELEC resolutions. They argue that the House of Representatives Electoral Tribunal (HRET) has exclusive jurisdiction, that the cancellation of registration is too harsh a penalty, that their right to speedy disposition of cases was violated, and that the action has prescribed. They seek to annul the COMELEC's resolutions and pray for injunctive relief. The COMELEC, in its Comment, contends that it has jurisdiction over party-list registration cancellations and that the petitioners waived their right to speedy disposition. Private respondents echo these arguments and assert that the COMELEC's resolutions have become final and executory.
Issue(s)
Whether COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction when it cancelled An Waray's registration as a party-list organization. Whether the HRET, not COMELEC, has jurisdiction to cancel An Waray's registration as a party-list whose nominees became Members of the HoR. Whether An Waray's constitutional right to speedy disposition of cases was violated by COMELEC. Whether the petition to cancel the registration of An Waray as a party-list has already prescribed.
Ruling
The Petition for Certiorari is dismissed for lack of merit. The Urgent Prayer for Preliminary Injunction, Temporary Restraining Order and/or Status Quo Ante Order with Motion for Conduct of Special Raffle is likewise denied. The assailed Resolution dated June 2, 2023 of the Commission on Elections Second Division and Resolution dated August 14, 2023 of the Commission on Elections En Banc in SPP No. 19-008 are affirmed.
Ratio Decidendi
On grave abuse of discretion: The Court found that COMELEC did not commit grave abuse of discretion in cancelling An Waray's registration. While the Court noted that An Waray did not directly violate Section 13 of Republic Act No. 7941 (as it is a directive to COMELEC), it found that An Waray violated NBOC Resolution No. 13-030 (PL)/0004-14 by allowing Victoria to assume office despite knowing that An Waray was only entitled to one seat and that Victoria lacked a Certificate of Proclamation. This act of deliberately ignoring the NBOC resolution and allowing Victoria to finish her term constituted a violation of election laws, warranting cancellation under Section 6(5) of Republic Act No. 7941. On the jurisdiction of COMELEC vs. HRET: The Court held that COMELEC has exclusive jurisdiction over petitions for the cancellation of party-list registration, as explicitly provided by Section 6 of Republic Act No. 7941 and recognized by the Constitution. This jurisdiction is not transferred to the HRET, even if a nominee of the party-list is an incumbent Member of the HoR. The HRET's jurisdiction is limited to contests relating to the election, returns, and qualifications of Members of the House, not the registration status of the party-list organization itself. The Court distinguished that it is the nominee, not the party-list, who becomes a Member of the HoR, and thus, the HRET's authority pertains to the individual Member's status, not the party's registration. On the violation of the right to speedy disposition of cases: The Court ruled that An Waray's right to speedy disposition of cases was not violated. While acknowledging the delay of almost four years by COMELEC, the Court found that An Waray waived this right by failing to raise it during the pendency of the case before COMELEC. Furthermore, the Court emphasized that this right is more vigorously guarded in criminal cases due to their oppressive nature, and in administrative cases like this, actual prejudice must be proven, which An Waray failed to do. The fact that An Waray continued to participate and win in subsequent elections during the pendency of the case demonstrated a lack of actual injury. On the prescription of the action: The Court held that the petition to cancel An Waray's party-list registration had not prescribed. Section 267 of the Omnibus Election Code, which provides a five-year prescriptive period, applies only to election offenses, and a petition for cancellation of registration is not classified as such. Moreover, the Court likened the accreditation of a party-list to a legislative franchise, which is a privilege that can be revoked by the granting authority (COMELEC) at any time, meaning it never becomes final or irrevocable and thus does not prescribe.
Main Doctrine
The Commission on Elections (COMELEC) has exclusive jurisdiction over petitions for the cancellation of party-list registration, and this jurisdiction is not divested by the fact that a nominee of the party-list is an incumbent Member of the House of Representatives. The House of Representatives Electoral Tribunal (HRET) has jurisdiction only over contests relating to the election, returns, and qualifications of Members of the House, not over the registration of party-list organizations themselves.