04/02/2020
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COMELEC. The said petition was docketed as G.R. No. 204125 and was consolidated
with several other cases questioning similar issuances by the COMELEC. Eventually,
the Court resolved the consolidated cases in Atong Paglaum by upholding the validity
of the issuances of the COMELEC, albeit, ordering that all the petitions be remanded
to the COMELEC for reevaluation of the qualifications of the party-list groups based
on the new set of parameters laid down in the mentioned decision.
In Atong Paglaum, the Court specifically ruled that the COMELEC did not gravely
abuse its discretion, thus:
We hold that the COMELEC did not commit grave abuse of discretion in
following prevailing decisions of this Court in disqualifying petitioners
from participating in the coming 13 May 2013 party-list elections.
However, since the Court adopts in this Decision new parameters in the
qualification of national, regional, and sectoral parties under the party-list
system, thereby abandoning the rulings in the decisions applied by the
COMELEC in disqualifying petitioners, we remand to the COMELEC all the
present petitions for the COMELEC to determine who are qualified to
register under the partylist system, and to participate in the coming 13
May 2013 party-list elections, under the new parameters prescribed in
this Decision.[17]
With a definite ruling of this Court on the absence of grave abuse of discretion in the
consolidated cases of Atong Paglaum, the instant petition had become moot and
academic and must therefore be dismissed.
As regards the legitimacy of the nomination of the Lota Group raised by the Insigne
group in their petition for intervention and opposition, the same is more aptly
addressed to the COMELEC. The determination of who is the rightful representative
of a political party or the legitimate nominee of a party-list group lies with the
COMELEC, as part and parcel of its constitutional task of registering political parties,
organizations and coalitions under Section 2(5),[18] Article IX(C) of the 1987
Constitution.
In Laban ng Demokratikong Pilipino v. COMELEC,[19] this Court held that the
COMELEC correctly ruled that “the ascertainment of the identity of a political party
and its legitimate officers is a matter that is well within its authority. The source of
this authority is no other than the fundamental law itself, which vests upon the
COMELEC the power and function to enforce and administer all laws and regulations
relative to the conduct of an election.”[20]
Apparently, the COMELEC failed to resolve the issue of the legitimacy of the
nomination of the Lota Group in its Resolution dated November 7, 2012 and this was
raised as an issue by the Insigne Group in the instant petition. However, with the
remand of all the petitions to the COMELEC and the directive for it to redetermine
the qualifications of the petitioning party-list groups, it is only appropriate that the
Insigne Group present their challenge to the legitimacy of the Lota Group’s
nomination before the Commission to give it the opportunity to rule on the matter at
the same time that it reevaluates A-IPRA’s qualifications to run in the May 2013
elections based on the new set of guidelines in Atong Paglaum.
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