The Supreme Court on Tuesday directed the Commission on Elections (Comelec) to file its comments on the petition filed by An Waray Party-list, questioning the poll body’s decision to cancel the party list organization’s registration.

The high court en banc asked the Comelec and other parties in the suit, Danilo Pornias and Jude Acidre, to file their comments within a non-extendible period of 10 days upon receipt of notice.

The An Waray Party-list, represented by Florencio Gabriel Noel and Victoria Isabel Noel, questioned before the high court the Comelec Second Division’s June 2 ruling that was affirmed Aug. 14 by the Comelec en banc.

The poll body canceled the registration of An Waray pursuant to Section 6 (5) of Republic Act No. 7941 (Party-List System Act) for allegedly “arrogating unto itself the authority to have its second nominee, Victoria Noel, take her oath and assume office in the House of Representatives, albeit An Waray Party-list was only entitled to one seat for the 2013 National and Local Elections (NLE) and notwithstanding that there was no certificate of proclamation issued to Victoria Noel.”

The group questioned the jurisdiction of the Comelec in canceling its registration, claiming it is the House of Representatives that has jurisdiction over cases involving the qualifications of its members.

The Comelec’s Second Division noted that while An Waray was initially entitled to two seats in the House of Representatives in 2013, it was reduced to one seat by the National Board of Canvassers after a computation.

“The recomputation of seats was made following the Supreme Court’s order, in Abang Lingkod Party-list (PL) vs. Comelec, to proclaim Abang Lingkod PL as one of the winning PL groups in the 2013 NLE with the number of seats it may be entitled to, and in view of the then-pendency of the case of Senior Citizens PL before the Supreme Court,” read a resolution issued Aug. 20.

The Comelec pointed out that in the absence of a Certificate of Proclamation for its second nominee, An Waray Party-list is only entitled to one, thus Noel’s “assumption to office as Representative of An Waray had no legal basis.” (PNA)

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