DISQUALIFIED party-list group Ako Bicol (AKB) has found an ally in former Elections chairman Christian Monsod who said that there is no prohibition in the Constitution that prevents the rich from serving in party-list groups to represent the marginalized sector.
Monsod, who served as member of the Constitutional Commission that framed the 1987 Constitution, said in a statement that AKB has a strong argument before the Supreme Court to disprove the grounds raised by the Comelec in its Oct. 10, 2012 resolution canceling the registration of the group as a party-list group to prevent it from joining in next year’s midterm elections.
“The underlying rationale behind the party-list system was made prone to abuse and Congress reinforced the flawed interpretation on the threshold on proportional representation. However passionate the rich politicians’ desire to serve the poor and the marginalized, for example the farmers, security guards, tricycle drivers and balut vendors, if these rich politicians are not bona fide members of these sectors, they are barred from representing these sectors,” Monsod said.
Monsod made an example out of Ang Galing Pinoy, a party-list of security guards, represented by Rep. Juan Miguel Arroyo, who was not a bona fide member of the group and had never served as a security guard all his life.
He said that under the present party-list system, AKB has a good and valid argument at the SC that the representatives or nominees of the group should not be barred from running for seats in Congress just because they are considered “rich.”
The former Comelec official further pointed out that under the Party-List System Act, regional and political parties are allowed to run in the party-list system. However, the confusion was reinforced when Congress, through RA 7941, confined the groups to “registered marginalized regional and political parties.”
“The purpose of the party-list system is to give a voice to the marginalized sectors and they be allowed to serve in the first nine years because the underlying rationale is they should all be able to compete in the mainstream elections,” Monsod said.
In its petition at the SC, AKB through its counsel retired SC Associate Justice Vicente Mendoza asked the court to issue a temporary restraining order to stop the Comelec from implementing its October 10 resolution that disqualified it, and to reinstate its accreditation as party-list qualified to participate in the May 2013 polls.
Mendoza pointed out that the poll body wrongly assumes that “marginalized sectors” are composed of financially poor people, when there is no exact legal definition for “poor,” or “marginalized and underrepresented sector” in the Constitution.
The Comelec defended its decision to disqualify party-list groups that have already been allowed to run in the 2010 polls but barred from doing so next year.
Comelec chair Sixto Brillantes said being allowed to run in the 2010 elections does not automatically mean assurance of being allowed in succeeding polls.
“That is only good for a particular period kasi sa susunod na mag-file ulit sila ng Manifestation of Intent to Participate, kung dinis-approve namin, hindi na sila pwedeng mag-participate,” said Brillantes.
He explained that filing a manifestation means that the concerned group is asking authorization to run anew and is not just a mere formality.
Veteran election lawyer Romulo Macalintal, the frequent opponent of Brillantes in election cases, agreed. “Unless Comelec violated the PL law or abused its discretion, its decision against these PLs stand valid and subsisting,” said Macalintal. – Evangeline de Vera and Gerard Naval, Malaya
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