SC affirms Alcover leadership

CEBU, Philippines - The Supreme Court has dismissed the petition of the group of David Odilao, Jr. against the Commission on Elections (COMELEC) and the Alliance for Nationalism and Democracy (ANAD) Partylist.

SC Clerk of Court Enriqueta Vidal signed the notice stating the dismissal.

Vidal quoted SC En Banc Resolution dated October 4, 2011 which states, “The Court resolved to dismiss the petition for failure to sufficiently show that any grave abuse of discretion was committed by the Commission on Elections in rendering the challenged resolution which, on the contrary, appears to be in accord with the facts and applicable law and jurisprudence.”

The Comelec En Banc has recognized the set of nominations for (ANAD) Partylist led by Rep. Pastor Alcover Jr. for the May 10 elections after it affirmed the earlier decision of the Comelec First Division to cancel or nullify the second Certificate of Nomination and Certificate of Acceptance filed by Odilao’s group.

Alcover was formally accepted back in Congress last October 7, 2010 despite Odilao’s move of elevating the matter to the Supreme Court.

On November 26, 2009, ANAD through its national president Domingo Balang, filed the party’s manifestation to participate in the May 10, 2010.

On March 18, 2010, Balang filed ANAD’s Certificate of Nomination and Certificate of Acceptance led by Alcover as first nominee.

However, on March 26, 2010, Paul Gabunales, signing as president of ANAD, filed a second set of certificate of nomination and certificate of acceptance naming Odilao, Leborio Jangao Jr., Alexander Canonigo, Bernardo Mabbagu and Herminigildo Gonzaga as the party list ANAD’s nominees.

This prompted Alcover to file a petition for the cancellation and nullification of the second set of nominees on April 30, 2010.

The Comelec En Banc ruled subsequently that Odilao’s group failed to show evidence that the one who signed the certificate of nomination and certificate of acceptance submitted by Alcover’s group had no authority to do so.

ANAD placed 26 from out of 184 party-list groups that participated in the May 2010 elections. It got almost 300,000 votes nationwide, which entitles it a seat in the 56 slots for party-list groups in Congress. (FREEMAN)