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indeed indigenous people; have actively participated in the undertakings
of A-IPRA; truly adhere to its advocacies; and most of all, that the said
nominees are its bona fide members. It focused solely on presenting its
track record/activities. It overlooked the fact that nominees also play a
significant role in every party-list group’s accreditation/registration.
As they say, representation is easy to claim and to feign. The Commission
is thus determined to evaluate with utmost caution not only the petitions
for registration of new party-list aspirants but also the accreditation of the
existing party-list groups. This goes without saying that substantial
compliance of the rules has no place in this so-called “cleansing” of the
party-list groups. Thus, no matter how noble the intention of A-IPRA to
represent the marginalized and underrepresented sector of indigenous
people, its registration should still be cancelled for failure to comply with
items 6, 7 and 8 of the Eight-Point Guideline enunciated in Ang Bagong
Bayani.
WHEREFORE, premises considered, the Commission en banc RESOLVED,
as it hereby RESOLVES, to CANCEL the registration/accreditation of AIPRA.
SO ORDERED.[14]
On December 13, 2012, the Insigne Group filed the instant petition with this Court,
claiming that the COMELEC gravely abused its discretion in issuing Resolution dated
November 7, 2012 and reiterating their prayer to be recognized as the legitimate
nominees and officers of A-IPRA.
Issue
WHETHER THE COMELEC GRAVELY ABUSED ITS DISCRETION IN ISSUING
RESOLUTION DATED NOVEMBER 7, 2012.
This Court’s Ruling
It is a well-settled principle that this Court’s jurisdiction to review decisions and
orders of electoral tribunals is exercised only upon showing of grave abuse of
discretion committed by the tribunal; otherwise, the Court shall not interfere with
the electoral tribunal’s exercise of its discretion or jurisdiction. Grave abuse of
discretion has been defined as the capricious and whimsical exercise of judgment,
the exercise of power in an arbitrary manner, where the abuse is so patent and
gross as to amount to an evasion of positive duty.[15]
The Insigne Group impute grave abuse of discretion on the part of the COMELEC in
issuing Resolution dated November 7, 2012 which cancelled A-IPRA’s
registration/accreditation on the ground of disqualification of its nominees. This
issue, however, had already been resolved by this Court in Atong Paglaum, Inc. v.
Commission on Elections.[16] It is well to remember that the Lota Group also filed a
separate petition for certiorari with this Court, challenging the same resolution of the
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