MANILA, Philippines – Two party-list groups asked the Supreme Court yesterday to allow them to participate in the May 10 elections after being disqualified by the Commission on Elections (Comelec).
In their petitions, the Philippine Guardians Brotherhood, Inc. (PGBI) and Courage said the poll body violated Republic Act 7941, or the Party-list System Act, when they and some 24 other sectoral organizations were removed from the list of accredited party-list groups without giving them notice and the opportunity to be heard.
PGBI, represented by its secretary-general retired Army master sergeant George Duldulao, questioned Comelec Resolution No. 8679 dated Oct. 13, 2009.
The resolution removed PGBI from the list of accredited party-list groups for failing to get the required two percent votes in the 2004 elections and for not participating in the 2007 elections.
George Erwin Garcia, PGBI lawyer, said the resolution was hastily promulgated and disseminated by the Comelec without taking into account the requirements set forth by law.
“In view of the urgency of the prevailing circumstances in the present case and to prevent miscarriage of justice, the Honorable Supreme Court is humbly asked to heed the prayer of the petitioner for a TRO so as not to prejudice the petitioner’s right to participate in the May 10, 2010 elections,” read the PGBI petition.
On the other hand, Courage, the union of government employees, assailed the Comelec resolution issued last Jan. 12 disqualifying the party-list group from the May 10 elections for lack of a constituency and failure to submit its articles of incorporation.
Ferdinand Gaite, Courage president, said the articles of incorporation was not required of other accredited party-list groups.
“We were able to meet the minimum requirement of establishing our national constituency,” he said.
“While Comelec only requires at least nine regional chapters, we even submitted 13.”
Other disqualified party-list groups are: Aging Pinoy, Ahon Bayan, Aksa, Akapin, Asap, A Smile, Assalam, BTM, Bahandi, Cocofed, Grecon, Nelffi, PMAP, SM, Sanlakas, SPI, Suara, Abanse Pinay, Migrante, AK, PCDO-ACTO, Anak Mahirap, ABA and AKO. -– Edu Punay, Philippine Star
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