Comelec gives thumbs up to Lakas-CMD-Kampi merger
Aries Rufo, abs-cbnNEWS.com/ Newsbreak | 09/29/2009 5:43 PM
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MANILA - The Commission on Elections (Comelec) on Tuesday approved the merger of the Lakas-Christian Muslim Democrats (Lakas-CMD) and the Kabalikat ng Malayang Pilipino (Kampi), junking the objection by former Lakas president and former House Speaker Jose de Venecia Jr.
In an 18-page resolution, the poll body’s first division sustained the accreditation and unification of Lakas-CMD and Kampi, which is aiming to be the strongest national political party for the May 2010 polls. Kampi was founded by President Arroyo.
But division chair Nicodemo Ferrer said De Venecia’s camp can still bring the issue before the Comelec en banc. “If De Venecia loses in the en banc, he can still go to the Supreme Court.”
Ferrer said the 3-man first division of the Comelec hastened the resolution of the case to give the parties enough time to seek recourse to other remedies. The resolution was penned by Commissioner Elias Yusoph. The third member is Commissioner Lucenito Tagle.
The merger was questioned by de Venecia on the ground that it did not have the permission of the Lakas plenary as mandated by the party’s by-law and constitution
De Venecia fell from Malacañang’s graces after his son, Joey de Venecia, linked the First Couple to the botched $329 million NBN-ZTE broadband deal. The De Venecia patriarch was soon ousted as House Speaker.
In its ruling, the Comelec first division said the group has shown that it has complied not only with the constitutional but also with the procedural requirements.
“It is undeniable that the two parties comprising the merged political party, LAKAS-CMD and KAMPI, are two of the national political parties which have the most number of incumbent national and local elective officials. The track record, extent of constituency and membership of LAKAS-KAMPI-CMD, therefore, is beyond dispute,” the decision read.
Too, the Comelec noted De Venecia questioned the petition for the merger belatedly. De Venecia filed his opposition on July 21, when the date of hearing for the Lakas-CMD-Kampi merger was set on July 16.
“It must be pointed out that the date of hearing (July 16, 2009) for the accreditation of LAKAS KAMPI CMD was published five days before in three newspapers… The purpose of publication is to appraise all interested parties of the existence of the action and to give them enough time to intervene in the proceedings…The non-appearance, therefore, of any intervenor, De Venecia included, during the hearing held on July 16, 2009, which was the only hearing conducted in relation to the petition, precludes anybody else from further questioning the accreditation. Any opposition, thus, submitted after hearing should be considered as being filed out of time,” the decision added.
On De Venecia’s argument that the officers of the party committed acts inimical to the interest and good standing of Lakas CMD, the Comelec said the issue is a political one and thus not a justifiable issue over which it has jurisdiction.
“Indeed, the Commission has no power to prevent the majority of the members of LAKAS-CMD from aligning themselves and their party with the administration party or from advocating charter change through a ‘Senate-less’ mode. It is the prerogative of the party and its members to chart their own political destiny. What is inimical to the interest of LAKAS-CMD can only be determined by its party members not by an outsider and certainly not by the State or this Commission. Thus, this Commission is simply not empowered to act on the abovementioned cause of action cited by De Venecia in his petition,” the decision said. - abs-cbnNEWS.com/ Newsbreak
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