11/09/2023
SC Directs COMELEC, et al. to Comment Re: Cancellation of An Waray Party-List Registration |
The Supreme Court has required respondents Commission on Elections (COMELEC), Danilo T. Pornias, and Jude A. Acidre to file their Comment on the Petition for Certiorari and Prayer for Temporary Restraining Order filed by An Waray Party-List, specifically on the issue of jurisdiction raised in the petition itself, within a non-extendible period of 10-days from notice. The Court required personal filing and service of the Comment.
The Petition in G.R. No. 268546 (An Waray Party-List, represented by Florencio Gabriel “Bem” Noel, and Victoria Isabel Noel, in her own personal capacity v. COMELEC, Danilo T. Pornias, and Jude A. Acidre) assails the Resolution dated June 2, 2023 of the COMELEC Second Division and Resolution dated August 14, 2023 of the COMELEC En Banc, which cancelled the registration of An Waray Party-List pursuant to Section 6 (5) of Republic Act No. 7941 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 and notwithstanding that there was no certificate of proclamation issued to Victoria Noel.
The Petition primarily questions the jurisdiction of the COMELEC in ordering the cancellation of the registration of An Waray Part-List since it is allegedly the House of Representatives that has jurisdiction over cases involving the qualification of its members.
