MANILA, Philippines - The Philippine Guardians Brotherhood, Inc., a group composed of military and civilian members, on Monday asked the Supreme Court (SC) to stop the Commission on Elections from implementing a resolution removing it from the list of accredited party-list groups.
In a seven-page petition for temporary restraining order (TRO), the PGBI argued that the Comelec violated Section 6 (8) of Republic Act 7941 or the Partylist System Act when it deleted the group and 25 other sectoral organizations from the list of accredited partylist groups without affording them the required notice.
Under Section 6 (8) of R.A. 7941, the Comelec “may, motu propio or upon verified complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition if it fails to participate in the last two preceding elections or fails to
obtain at least two per centum of the votes cast under the party-list system in the two preceding elections for the constituency in which it has registered.”
Comelec noted that PGBI failed to get the required two percent votes cast in the 2004 elections and did not participate in the 2007 elections.
PGBI lawyer George Erwin Garcia, however, said the group submitted a manifestation on February 28, 2007 before the poll body to defer participation in the May 2007 elections in order to participate in the May 2010 elections.
Retired Army Master Sergeant George Duldulao, the PGBI's secretary-general, said the Court should issue the TRO before Comelec starts the printing of official ballots before the end of the month.
Aside from PGBI, the Comelec also removed from its list of accredited partylist groups Aging Pinoy, Ahon Bayan, Aksa, Akapin, Asap, A Smile, Assalam, BTM, Bahandi, Cocofed, Grecon, Nelffi, PMAP, SM, Sanlakas, SPI, Suara, Abanse Pinay, Migrante, AK, PCDO-ACTO, Anak Mahirap, ABA and AKO.