In its decision dated last March 21, the Comelec en banc set aside the resolution for cancellation or deletion of TUCP from the roster of eligible party-list candidates.
Last October 10, the Comelec issued Resolution No. 7718 directing TUCP to explain why it should not be deleted from the roster of eligible party-list candidates in the May 2007 national and local elections for failure to obtain the two percent of the votes cast in the two preceding elections.
On January 2, 2004, the Comelec 2nd Division promulgated the Resolution No. 7819 allowing the merger of the All Workers Alliance Trade Unions, All Trade Union Congress Party and National Congress of Unions in Sugar Industry of the Philippines into a single consolidated sectoral party with the TUCP as its new party name.
The resolution also cancelled the previous registration of the three parties AWATU, ATUCP and NACUSIP.
TUCP participated in the May 2004 party-list elections but was only able to get 1.5722 percent of the total votes cast for the party-list, falling short of the two percent requirement to be able to gain a seat in Congress.
After the hearing conducted in Dec. 12, 2006, TUCP was directed to submit a memorandum.
On February 9 this year, despite the pendency of evaluation of its reaccreditation as party-list candidate, TUCP manifested its interest to participate in this year’s elections.
February 12 the Commission en banc promulgated Resolution 7718, ordering the deletion of TUCP from the roster of registered sectoral parties, organizations and coalitions that can participate in the elections.
But on February 15, TUCP filed an Opposition and sought for its reinstatement as a duly qualified party-list organization to participate in the May 14 elections.
TUCP explained that it is accredited and qualified to participate in the May 2004 elections. Likewise, the registration of AWATU, ATUCP and NACUSIP were cancelled and during the 2004 elections, it did not carry over the participation of the three sectoral groups.
It added that TUCP is a separate and distinct identity from the three whose accreditation as party-list candidates were cancelled by the Comelec.
"It cannot thus be said that TUCP failed to obtain at least two percent of the votes cast under the party-list system in the two preceding elections," TUCP said.  Wenna A. Berondo/BRP