[Statement] Ating Guro Partylist brings the battle to Supreme Court
Ating Guro partylist brings the battle to Supreme Court
During the proclamation of the winning party list groups on May 19, ATING GURO was one of the parties that should have been given 1 seat out of 59 seats reserved for party list representation for the 17th Congress as evidenced by the Comelec-prepared program of proclamation, draft canvass report & seat allocation. However, the COMELEC suddenly allocated 2 seats for COOP-NATCCO and none for ATING GURO.
Thus, on May 23, we filed the PETITION FOR CORRECTION OF MANIFEST ERROR with motion to annul proclamation/suspend awarding of certificate of proclamation to 2nd seat of Coop-Natcco. On that day, we also started the camp out/vigil and protests in front of COMELEC office in Manila which lasted until June 10 (we have to prepare for June 13 school opening). In a period of three weeks, the COMELEC never acted on our petition.
But on the night of June 21, COMELEC executive director Jose Tolentino, Jr., handed us the copy of a minute resolution dated June 9, 2016. On the said minute resolution, the poll body denied our petition for alleged lack of legal basis. However, they submit to our main legal argument that COOP-NATCCO, which failed to secure a whole integer upon application of Carpio formula prescribed under Supreme Court’s ruling in BANAT vs. COMELEC is not entitled to additional seat and only 1 guaranteed seat.
The COMELEC en banc decision based on National Board of Canvassers (NBOC) Supervisory Committee recommendation gave second seat to COOP-NATCCO, while in the same recommendation, it says that COOP-NATCCO is not entitled to additional seat. COMELEC ruled in excess of what the SC says in Banat by still including COOP-NATCCO in the list of parties to be given the remaining 35 seats. By doing such is tantamount to giving COOP-NATCCO a second seat after its own ruling said it is not.
COMELEC denied due process to ATING GURO by not giving us a chance to comment on the recommendation of NBOC Supervisory Committee submitted to en banc. We made a follow-up before the Comelec legal and asked for the copy of recommendation when we were informed that there was already an en banc decision. We proceeded to ask for copy of the resolution from the Commission Secretary, but instead we were given copy of the minutes of June 9 hearing which was supposed to be administrative in nature.
This afternoon at around 2:00PM, we will file the Petition for Certiorari (with prayer for immediate issuance of a writ of preliminary injunction and Temporary Restraining Order/Status Quo Ante Order) before the Supreme Court.
We will continue our indignation protests in front of COMELEC office in coming days to denounce the abuse of authority and the gross neglect of the due process of law committed by its officials who vowed to ensure the integrity of the electoral process. #
Emmalyn Policarpio, Spokesperson, 0998-4865628
Benjo Basas, First Nominee/ Petitioner, 0927-3356375
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