The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News

Adrian Ayalin

ABS-CBN News

MANILA &mdash; The Supreme Court en banc has affirmed resolutions of the Commission on Elections that canceled the registration of An Waray as a party-list organization.Voting 14-1, the en banc held that under Republic Act No. 7941 or the Party-List System Act, the Comelec has exclusive jurisdiction to rule on the cancellation of party-list registrations.The issue on the cancellation of An Waray&rsquo;s registration stemmed from a petition filed in 2019 by Danilo Pornias and Jude Acidre.Pornias and Acidre &mdash; now a sitting congressman for Tingog party-list &mdash; claimed that An Waray second nominee Victoria Isabel Noel assumed office in the 16th Congress even when the group was entitled to only one seat.In 2013, An Waray was one of the 14 party-list groups proclaimed as initial winners with one seat each.With the cancellation of the registration of other party-list groups by the National Board of Canvassers, An Waray&rsquo;s number of seats increased to two.But, in 2014, the NBOC issued another resolution which declared other party-list groups as winners including Abang Lingkod party-list, which led to the final distribution of seats with An Waray entitled to only one seat.The Comelec en banc granted the petition for cancellation, prompting a petition for certiorari to be filed before the Supreme Court, which argued that the House of Representatives Electoral Tribunal (HRET) has jurisdiction over the petition to cancel.<a href="https://news.abs-cbn.com/news/05/21/19/explainer-the-math-behind-the-party-list-system" id="isPasted">READ: EXPLAINER: The math behind the party-list system</a> In the decision penned by Associate Justice Alfredo Benjamin Caguioa, the court concluded that the nature of the petition to cancel An Waray&rsquo;s party-list registration does not fall under the cases cognizable by the HRET.&ldquo;Further, the Court held that, although it is An Waray which is voted for in the ballots during elections, it does not become a &#39;Member&#39; of the HOR. Rather, it is its nominee who assumes as HOR Member, and who must have the qualifications and none of the disqualifications,&rdquo; the Supreme Court said in a statement.The high court also found that the Comelec did not exercise grave abuse its discretion when it cancelled An Waray&rsquo;s registration.The court further stated that the registration was cancelled based on Section 6(5) of the law which states that violation of election laws, rules, or regulations is a ground for the cancellation of a party-list&rsquo;s registration.Despite the plea of good faith by An Waray, the court said that allowing Noel to remain in her seat was a violation of the NBOC resolution which declared that the group was entitled to only one seat in the final distribution.&ldquo;The Court ruled that Resolution no. 0008-2013 was clear that An Waray&rsquo;s two seats were without prejudice to a final distribution of the party-list seats, in light of the then pending petitions for review in this Court of the cancellation by Comelec of some party-list&rsquo;s registrations. Thus, the final distribution to An Waray of just one seat should have been anticipated by it,&rdquo; the SC said.RELATED VIDEO:<iframe width="640" height="360" src="https://www.youtube.com/embed/4De1lMyH5Og?&t=19s&wmode=opaque&rel=0" frameborder="0" allowfullscreen="" class="fr-draggable"></iframe>

In 2013, An Waray was one of the 14 party-list groups proclaimed as initial winners with one seat each.With the cancellation of the registration of other party-list groups by the National Board of Canvassers, An Waray&rsquo;s number of seats increased to two.But, in 2014, the NBOC issued another resolution which declared other party-list groups as winners including Abang Lingkod party-list, which led to the final distribution of seats with An Waray entitled to only one seat.The Comelec en banc granted the petition for cancellation, prompting a petition for certiorari to be filed before the Supreme Court, which argued that the House of Representatives Electoral Tribunal (HRET) has jurisdiction over the petition to cancel.<a href="https://news.abs-cbn.com/news/05/21/19/explainer-the-math-behind-the-party-list-system" id="isPasted">READ: EXPLAINER: The math behind the party-list system</a> In the decision penned by Associate Justice Alfredo Benjamin Caguioa, the court concluded that the nature of the petition to cancel An Waray&rsquo;s party-list registration does not fall under the cases cognizable by the HRET.&ldquo;Further, the Court held that, although it is An Waray which is voted for in the ballots during elections, it does not become a &#39;Member&#39; of the HOR. Rather, it is its nominee who assumes as HOR Member, and who must have the qualifications and none of the disqualifications,&rdquo; the Supreme Court said in a statement.The high court also found that the Comelec did not exercise grave abuse its discretion when it cancelled An Waray&rsquo;s registration.The court further stated that the registration was cancelled based on Section 6(5) of the law which states that violation of election laws, rules, or regulations is a ground for the cancellation of a party-list&rsquo;s registration.Despite the plea of good faith by An Waray, the court said that allowing Noel to remain in her seat was a violation of the NBOC resolution which declared that the group was entitled to only one seat in the final distribution.&ldquo;The Court ruled that Resolution no. 0008-2013 was clear that An Waray&rsquo;s two seats were without prejudice to a final distribution of the party-list seats, in light of the then pending petitions for review in this Court of the cancellation by Comelec of some party-list&rsquo;s registrations. Thus, the final distribution to An Waray of just one seat should have been anticipated by it,&rdquo; the SC said.RELATED VIDEO:<iframe width="640" height="360" src="https://www.youtube.com/embed/4De1lMyH5Og?&t=19s&wmode=opaque&rel=0" frameborder="0" allowfullscreen="" class="fr-draggable"></iframe>

The issue on the cancellation of An Waray&rsquo;s registration stemmed from a petition filed in 2019 by Danilo Pornias and Jude Acidre.Pornias and Acidre &mdash; now a sitting congressman for Tingog party-list &mdash; claimed that An Waray second nominee Victoria Isabel Noel assumed office in the 16th Congress even when the group was entitled to only one seat.

MANILA &mdash; The Supreme Court en banc has affirmed resolutions of the Commission on Elections that canceled the registration of An Waray as a party-list organization.Voting 14-1, the en banc held that under Republic Act No. 7941 or the Party-List System Act, the Comelec has exclusive jurisdiction to rule on the cancellation of party-list registrations.

The Supreme Court en banc has affirmed resolutions of the Commission on Elections that canceled the registration of An Waray as a party-list organization.

The Supreme Court en banc has affirmed resolutions of the Commission on Elections that canceled the registration of An Waray as a party-list organization.

SC affirms cancellation of An Waray party-list registration | ABS-CBN News

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SC affirms cancellation of An Waray party-list registration

SC affirms cancellation of An Waray party-list registration