SC backs Comelec dumping of An Waray
VOTING 14-1, the Supreme Court En Banc, speaking through Associate Justice Alfredo Benjamin Caguioa, upheld the resolutions of the Commission on Elections cancelling An Waray’s
registration as a party-list organization.
In the 2013 elections, An Waray was one of the 14 party-list groups proclaimed as initial winners, guaranteed with one seat each.
Subsequently, the National Board of Canvassers (NBOC) issued Resolution No. 0008-2013. cancelling the registration of some party-list groups, which resulted in the adjustment of the seat allocations, so that An Waray’s number increased to two.
The resolution, however, came with the caveat that the new allocation was without prejudice to the possible proclamation of other parties later.
The NBOC then issued a Certificate of Proclamation to An Waray, entitling its first nominee Neil Benedict Montejo to sit in the House of Representatives of the 16th Congress.
Montejo took his oath of office on June 26, 2013.
An Waray’s second nominee Victoria Isabel Noel, also took an oath of office on July 13, 2013, based on the tally of votes indicated in NBOC Resolution No. 0008-2013.
On August 20, 2014, the Comelec issued NBOC Resolution No. 13-030(PL)/0004-14 where it declared the final distribution of seats for party-list groups, following the reversal by the Court of the Comelec’s cancellation of the registraton of Abang Lingkod Party-list in Abang.
In Abang Lingkod, the Comelec was ordered by the Court to proclaim Abang Lingkod as a legitimate party-list, resulting yet again in an adjustment in the allocation of seats.
In the final distribution, An Waray was declared to be entitled to only one seat.
Five years later, in 2019, Danilo Pornias and Jude Acidre filed a petition for cancellation of An Waray’s registration (petition to cancel) for alleged violation of Republic Act No. 7941 or the Party-List System Act.
They claimed that Noel, with An Waray’s knowledge and consent, took her oath and assumed office as second nominee of An Waray in the 16th Congress, even when An Waray was entitled to only one seat.
The Comelec’s Second Division granted the petition. This was affirmed by the Comelec En Banc.
