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An Waray party-list asks Comelec to reverse cancelation of registration
An Waray party-list asks Comelec to reverse cancelation of registration
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An Waray party-list asks Comelec to reverse cancelation of registration
by Ellicia Del Mundo07 June 2023
Photo courtesy: An Waray Facebook

Visayas-based An Waray party list on Tuesday filed a motion for reconsideration which urged the Commission on Elections (Comelec) to reverse the decision on the cancelation of its registration due to alleged violation in the 2013 National and Local polls.

In the motion, petitioners Ann Waray party-list and its former representative Victoria Isabel Noel argued that the decision "should be reversed and set aside for insufficiency of evidence to justify the decision."

They added that the suspension of the party’s registration is contrary to the law.

According to the petitioners, under the party-list system, the nominee/s are not required to “take oath and assume the office of Member of the House of Representatives” since the “party-list is proclaimed as the winner and not its nomine/s.”

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They then cited the resolution of the Comelec 2nd Division dated May 25, 2023, on the case of Atty. Moises Tolentino vs. former Social Welfare Secretary Erwin Tulfo which “confirmed that a separate proclamation of nominees after the party has been proclaimed is not material nor required.”

The petitioners also argued that the House of Representatives Electoral Tribunal (HRET) and not the Comelec have the “sole judge of all contests relating to the election, returns, and qualification of members of the House of Representatives.”

"When the Supreme Court's decision in Abang Lingkod vs. Comelec was promulgated on October 22, 2013, respondent Victoria was already a member of the House of Representatives after having been validly proclaimed in May 13, taken her oath and assumed the said office in July 2013," they added.

Aside from the prayer to reverse the decision, the petitioners also sought relief and remedies that are just and equitable under the premises they laid down.

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Last Friday, June 2, the Comelec Second Division canceled the registration of An Waray party list due to its failure to comply with Section 6(5) of Republic Act No. 7941.

The poll body said the party allowed a second nominee, Victoria Isabel Noel to seat as a House member even though it know “fully well” that it won only one House seat in the 16th Congress and that it gave Noel a seat even without a certification of proclamation.

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