‘SC TRO on 5 party-list groups’ proclamation illegal’

MANILA, Philippines - The temporary restraining order (TRO) issued by the Supreme Court (SC) on the proclamation of five winning party-list groups is “unfair and violative of the groups’ constitutional rights to due process,” election lawyer Romulo Macalintal said yesterday.

Macalintal pointed out the five party-list groups are not included in the petition filed by Senior Citizens party-list since the only respondent in the case was the Commission on Elections (Comelec).

“Clearly, these five party-lists were not notified and heard when the TRO was issued, which violated the Supreme Court’s oft-repeated doctrine that ‘absolute lack of notice and hearing is frowned upon’,” he said.

After proclaiming 38 groups that will occupy 53 seats at the House of Representatives, the SC had stopped the Comelec from moving on with the proclamation of the five remaining party-list groups.

The SC on Wednesday ordered the Comelec to suspend the proclamation of winners in the party-list elections last May 13, granting the petition of Senior Citizens party-list group that garnered over 600,000 votes.

The Comelec had earlier disqualified Senior Citizens from participating in the elections, saying the group violated election laws when it made a term-sharing policy among its nominees.

Senior Citizens said disqualification was a violation of the constitutional right to due process, saying they were not given a chance to contest the Comelec ruling.

They also argued the violation of term-sharing policy was not among the grounds for disqualification laid down by the high court in its decision last month on 52 disqualified party-list groups.

Citing a minute resolution of SC on Loong vs. Comelec in July 17, 1998, Macalintal said the SC had already clarified that “the status quo order affects only private respondent, and not other officials mentioned in the Motion but who are not parties to the case.”

“Both a status quo order and a TRO have the same effect of temporarily suspending the doing of an act. But what is relevant here is the fact that a TRO should affect only the parties impleaded in the case but cannot affect any party or person who are not parties to the petition,” he said.

Macalintal added this means that the five remaining qualified party-list groups “cannot be the subject of the said TRO since they are not parties to the petition filed by Senior Citizens.”

“The Supreme Court (also) held (in one case) that partial or total annulment or suspension of proclamation of any candidate requires due notice and hearing,” Macalintal said.

Meanwhile, a newly proclaimed party-list representative has resigned, citing “pressing personal problem.”

An Waray party-list Rep. Philip Jude Acidre reportedly sent his letter of resignation through email to Benedict Montejo, the national party chairman, saying pressing personal problem forced him to give up his post.

Acidre, who is currently the regional chairman of An Waray, promised to issue an official statement this week on the reasons for his resignation.

Acidre was earlier proclaimed by Comelec to take the second seat of An Waray in the House of Representatives.

Montejo, on the other hand, denied there was a “power struggle” in the group that could have forced Acidre to resign.

He said “it is Acidre’s personal decision” to resign from the group.

Unconfirmed reports said An Waray is aiming for three seats but only got two when it garnered more than 540,900 votes during the May 13 polls.

The party failed to get a seat for Victoria Noel, sister of the outgoing party-list Rep. Florencio Noel, who lost the mayoral race in Tacloban City.

A source said Victoria Noel, being the third nominee, would get the post once the Comelec accepted Acidre’s resignation. – With Ricky Bautista