Re party-list accreditation

This refers to the ongoing summary evidentiary hearing on the status of party-list groups under Resolution 9513 of the Commission on Elections and its reported intent to disqualify party-list groups with nonmarginalized nominees.

While I absolutely concur with the Comelec’s desire to purge the roster of the party-list groups of unwanted nominees pursuant to the avowed policy of Republic Act 7941, and consistent with the Supreme Court’s ruling in the Ang Bagong Bayani case, it is our view that whatever sanctions are to be administered should only affect the nonmarginalized nominees but not their party-list groups.

The Comelec should not intertwine the personality of the party-list groups with those of their respective nominees. It must be remembered that generally all registered and accredited party-list groups, or those with pending applications, are composed of the marginalized and underrepresented sectors of society. On the other hand, Section 9 of RA 7941, together with the Supreme Court ruling in the Ang Bagong Bayani case, defines the qualifications of a nominee.

In other words, party-list groups should not be arbitrarily punished or their accreditation revoked for the sins of their nominees who may have misrepresented their financial status/standing by claiming to be marginalized in order to qualify as party-list nominees. Considering that each party-list group is entitled to nominate at least five nominees from their ranks, the Comelec should disqualify the No. 1 nonmarginalized nominee and so on until it finds the suitable marginalized nominee as dictated by the Ang Bagong Bayani case; except those party-list groups whose nominees are found by the Comelec to be mostly of nonmarginalized family members, in effect, essentially taking on the nature of “family-owned and -controlled corporation.” In such a scenario, the registration and accreditation of the party-list group itself should be cancelled and revoked.
Other than the preceding considerations, the Comelec should guard against a declaration of a party-list group that it has not received any funding from government despite its having a representation in Congress, yet trumpeting tomes of pork barrel-funded accomplishments as against those party-list groups without representation in Congress but with plans to participate in the forthcoming elections and with evidence of their existence, as well as with track records built by spending their own money in the pursuit of their goals.

We hope that this respectful suggestion will merit the Comelec’s kind consideration.

—RICKY A. JUAB,

Laiko Building, Cabildo Street,

Intramuros, Manila