MANILA, Philippines - Former Energy secretary Angelo Reyes will not get to sit as sectoral representative after all despite a Commission on Elections (Comelec) ruling favoring his nomination.
Party-list group 1-United Transport Koalisyon (1-UTAK) yesterday junked Reyes and appointed their third nominee Homero Mercado as their official representative in Congress.
In a three-page petition, 1-UTAK asked the Comelec to issue a certificate of proclamation attesting Mercado as the duly designated nominee of the organization representing transport groups.
Donald Diaz, 1-Utak’s legal counsel, said the organization’s executive committee has unanimously approved a resolution withdrawing the nomination of Reyes.
Diaz noted that Reyes has been informed of the group’s decision and agreed to the filing of the petition before the Comelec.
According to Diaz, the disqualification case against Reyes has created anxiety among its members who are all eager to see their representative assume his seat in Congress.
“There seems to be no clear indication as to when the disqualification case can be finally resolved,” he pointed out.
Diaz said it is important for the party-list group to have a representation in the House of Representatives that they agreed to withdraw the nomination of Reyes.
Comelec spokesman James Jimenez said the Comelec second division had junked last July 7 a petition seeking the disqualification of Reyes as party-list nominee.
However, Jimenez said, several transport organizations immediately filed a motion for reconsideration of the second division’s ruling.
Comelec Commissioner Gregorio Larrazabal said the Comelec’s legal department would study 1-Utak’s petition and give its recommendation before the commission.
“The Commission will review the legal department’s recommendation and if there is no pending disqualification against the nominee, the poll body can issue a certificate of proclamation,” Larrazabal explained.
Larrazabal added that the withdrawal of Reyes’ nomination will render the pending motion for his disqualification moot and academic.
Unfortunately, Larrazabal said, 1-Utak’s nominee will not be able to join the opening of Congress on Monday because the Comelec is yet to issue a ruling on the petition for withdrawal of Reyes’ nomination.
SC asked to reverse Comelec ruling on Mikey
The Supreme Court (SC) was asked yesterday to reverse the Comelec ruling allowing the eldest son of former President Gloria Macapagal-Arroyo to represent security guards and taxi drivers in Congress.
Losing senatorial bets Satur Ocampo and Liza Maza and Bayan Muna party-list asked the High Court to issue a temporary restraining order enjoining Ang Galing Pinoy (AGP) party-list Rep. Juan Miguel “Mikey” Arroyo from assuming his seat in the House of Representatives pending resolution of their petition.
Petitioners argued that the Comelec erred in dismissing the consolidated disqualification cases against Arroyo because it ruled “contrary to law and established jurisprudence which mandate that a party-list nominee must belong to the marginalized and underrepresented sector.”
They said this rule is provided for in the Constitution and RA 7941 (Party-list System Act) and was upheld by the High Court itself in rulings in two cases in the 2001 and 2007 polls.
“Since respondent Arroyo does not belong to the marginalized and underrepresented sector, he is not qualified to be a nominee of Ang Galing Pinoy,” petitioners stressed.
“The Supreme Court has already ruled that the party and its nominee must belong to the marginalized sector they represent,” they added.
They argued that although the Comelec sets the rules on elections, it should still remain consistent to the provisions of the law.
“If the Supreme Court does not rule out the Comelec ruling, then the party-list system in the country is dead since it can already be penetrated by big time politicians,” Ocampo told reporters before filing their petition.
Petitioners also argued that the SC should reverse the ruling of the Comelec since it did not consider pieces of evidence proving that Mr. Arroyo is not a bona fide member of AGP for at least 90 days before the polls last May 10 as required by law and that he will not be able to properly represent the sector in Congress.
Voting as a whole earlier this week, the Comelec upheld the ruling of its second division to dismiss the joint disqualification cases lodged against Arroyo by petitioners.
The Comelec voted 4-2-1 to uphold the dismissal of the
disqualification cases. Only Commissioners Rene Sarmiento and Larrazabal raised “dissenting opinions,” while Chairman Jose Melo abstained.
Buhay can sit
Meanwhile, the Comelec has allowed religious leader Mariano “Brother Mike” Velarde and his party-list group Buhay Hayaan Umusbong (Buhay) to assume their seat in Congress.
In a five-page resolution, the Comelec second division dismissed a petition seeking to disqualify Buhay from the party-list elections and Velarde from being its nominee.
“The Commission is constrained to deny this petition, in accordance with a decision of the Supreme Court,” the Comelec said.
The Comelec noted that the Supreme Court has already ruled that Buhay is qualified to participate in the party-list elections and that complainant failed to produce evidence to prove that it is a religious organization.
“Allegations that Buhay is an extension of El Shaddai is misplaced and the campaign materials do not constitute substantial evidence to support a finding that Buhay is a disqualified religious organization,” Comelec said.
“The submission of the name of Velarde as nominee does not automatically convert Buhay into a religious organization simply because he happens to be a spiritual leader,” the Comelec added.
Velarde is the fifth nominee of Buhay, which won two sectoral seats in the 15th Congress. His son Michael is the first nominee followed by Solar Entertainment boss William Irwin Tieng.
The complainant Rolando Layug claimed that Buhay is a religious organization, being a mere extension of El Shaddai, and Velarde as spiritual leader are not qualified to participate in the party-list elections.
Comelec Commissioner Nicodemo Ferrer said the Comelec can already issue a certificate of proclamation for Buhay since no motion for reconsideration has been filed by the complainant. With Edu Punay