Comelec may withhold seats of 3 winning party-list groups

MANILA, Philippines - The Commission on Elections (Comelec) is considering withholding three seats in the House of Representatives of three winning party-list groups in the May 13 elections.

Comelec Chairman Sixto Brillantes Jr. yesterday said they will hold the issuance of certificates of proclamation to the third nominee of Buhay party-list and the second nominees of Magdalo and An Waray party-list groups. 

“What we are saying is that we will issue only two seats for Buhay, and one each for Magdalo and An Waray,” Brillantes said in an interview.

The poll body’s decision came after the Supreme Court (SC) ordered the Comelec to lift the disqualification of Senior Citizens and Abang Lingkod party-list groups, which garnered enough votes to win seats in the 16th Congress.

Based on a resolution of the National Board of Canvassers, Buhay was the only party-list group that managed to get three seats, while Magdalo and An Waray each won two seats.

Of the 58 House seats allocated for party-lists, 53 were obtained by 38 organizations.

The Comelec has not proclaimed the winners for five other seats following the temporary restraining order issued by the SC.

Senior Citizens and Abang Lingkod were entitled to get seats in the 16th Congress after obtaining 677,642 and 260,215 votes, respectively.

Brillantes said the fate of the two party-list groups will depend on the SC’s final ruling.

The Comelec is eyeing to complete the proclamation of winning party-list groups by June 30.

No immediate issuance of TRO

Meanwhile, the magistrate handling the petition of Senior Citizens party-list clarified yesterday the circumstances behind the issuance of a TRO stopping the Comelec from proceeding with the proclamation of winners in five remaining party-list seats.

In a two-page letter to fellow justices on Wednesday, Associate Justice Teresita Leonardo-de Castro clarified the claim of Chief Justice Ma. Lourdes Sereno that she did not immediately issue the TRO in favor of Senior Citizens because the former only sent synopsis of the case.

“On the contrary, on May 28, 2013 at 8:05 a.m., I sent to you my covering letter dated May 27, 2013 which already stated my recommendation to only enjoin the implementation of the May 10, 2013 Comelec Omnibus Resolution insofar as Senior Citizens is concerned,” she explained.

The magistrate recalled that her first recommendation was sent to Sereno’s office at 8:05 a.m., the second version was delivered at10 a.m., while the third was at1:30 p.m.

Sereno, despite De Castro’s recommendations, failed to immediately act on the case and instead issued the TRO a day after.

Sereno’s TRO, however, was “superseded” by the status quo ante order issued by the SC last Wednesday.

The TRO, which was issued by Sereno last May 29, directed the Comelec “to cease and desist from further proclaiming winners from among the party-list candidates” as the high court took note of earlier proclamations made by the poll body.

De Castro clarified that she only recommended issuance of TRO in favor of Senior Citizens party-list group, which was disqualified by Comelec days before the polls.

She explained that Sereno’s “blanket” TRO against the proclamation of the remaining party-list seats may “adversely affect third parties not impleaded in the present case in violation of their right to due process.”