SC, Comelec Urged: Don’t Mock Partylist Law, Allow Marginalized Sectors in Congress

Published on November 23, 2009

For one, Comelec erroneously referred to Courage as “Kalinga” when it ordered its regional offices to verify the existence of Courage (or Kalinga). “Whether it is a malicious mistake or not, it is quite unacceptable to us that three supposedly intelligent Commissioners have affixed their signatures without even noticing such error,” said Gaite.

Courage is demanding now a copy of the Comelec Election Officers’ verification reports.

On top of having miscalled Courage as “Kalinga,” Comelec has apparently also failed to take into account Courage’s national membership, suggesting grim forecasts not only for Courage but for the 2010 elections’ counting of results as well.

According to Courage, the Comelec resolution claimed that Courage Partylist was only verified to have existed in Region 6, Davao del Sur, a municipality in Lanao del Norte and Rizal, a few cities in Metro Manila, particularly in Caloocan (second district), Makati (second district), Malabon, Mandaluyong and Quezon City (first to third districts).

This has “perplexed” Courage. How did the Comelec verify Courage’s existence in different regions and arrive with a decision that Courage does not have a membership in majority of the regions? the group asked. “We do not have chapters in areas such as Lanao del Norte, Rizal, Makati and in the first and second districts of Quezon City. It is ridiculous that Comelec has found Courage Partylist members in those areas while claiming that we do not exist in places where we have legitimate chapters,” Gaite pointed out.

Courage was also perplexed that the Comelec should cite as reason for rejecting them their failure to submit a copy of its articles of incorporation. “We are registering as a sectoral party. The articles of incorporation is not listed among the requirements for registration under the RA 7941 or the Partylist System Act.”

Besides, the Comelec could have easily asked that from Courage in the hearing or in the many occasions when Courage was following up on its registration with the Comelec. They asked no questions or brooked any opposition early on, said Gaite.

In Negros Oriental, a Comelec tactic that could help explain how established national organizations such as ACT, Courage and Migrante partylists have diminished in the Comelec’s eyes was exposed by Makabayan (Nationalist Coalition of the People), a new grouping of eight partylists that included Bayan Muna, Anakpawis, Kabataan, Gabriela Women’s Party List, Migrante, Katribu, Courage and ACT.

In an open letter to Attorney Eddie Aba, Comelec’s acting provincial supervisor in Negros Oriental, Makabayan questioned the Comelec’s “refusal” to accept the necessary requirements being submitted by ACT and Courage because Aba had already “submitted reports to the regional office last May 2009 citing that the said party list doesn’t exist” in Negros Oriental.

“You have been unfair to legitimate organizations like ACT and Courage who have been existing in the province long before you assume your post in the Comelec-Negros Oriental. With this, how can you assure us that the 2010 election will be clean and fair when you have been unfair even in the process accreditation for the party list?” said Roy Danieles, spokesman for Makabayan in Negros.

What Now?

The Comelec’s decision to bar Migrante, ACT and Courage from the 2010 elections, not to mention Ang Ladlad by reason of immorality, is garnering criticisms.

“There is nothing immoral and illegal about a person’s sexual orientation and gender identity,” said Clara Rita Padilla of EnGendeRights, in reaction to the Comelec’s discrimination of lesbians, gays, bisexuals and transgenders.

As the Comelec deprives such groups with “specific representation and advocacy,” it also “widens the room for proxy partylist groups backed by the Arroyo administration, who in the first place should be the ones disqualified for pushing measures against the poor and the marginalized,” the KMU said in a statement. It added that the likes of Bantay (represented by Jovito Palparan), ANAD (Jun Alcover), Kasangga (Ma. Lourdes Arroyo), among others, should be the ones barred from participating in the party-list elections, not Migrante, Courage and ACT, the labor group said.

Barring these partylist groups from the 2010 elections is yet “another move to disenfranchise the truly marginalized in Philippines society,” said Lito Ustarez, vice-president of KMU.

Migrante, ACT and Courage are getting ready to mount nationwide protests. Like in Courage, ACT national president Antonio Tinio said they are calling on their members “to appear before their local Comelec offices to prove that ACT exists.” He said the 15,000-strong organization will appeal the Comelec decision. Courage Partylist is also set to file a motion for reconsideration before the Comelec on November 24. To disprove Comelec’s question of national constituency, Comelec offices nationwide will also be a site of simultaneous protest action during the groups’ filing.

Migrante’s Regalado said protest actions are already underway in various Migrante chapters worldwide. She warned that OFWs are even contemplating withholding their hard-earned remittances for a day in protest of Migrante’s delisting.

Migrante for its part has filed a petition with the Supreme Court against the Comelec’s decision on their de-listing, saying it is illegal and it violates the Party-list System Act.

“The Party-list System Act is clear and categorical that the registration of a party-list may be removed or cancelled only after due process and hearing, and not before.

Migrante is positive the Supreme Court will act favorably on their petition. Their legal counsel said: “The high court has proven, through its abandonment of the first-party rule earlier this year, that any doubt on the interpretation of the Party-List System Act must be resolved in favor of recognizing the spirit and wisdom of the said law, which is to give representation the marginalized, such as OFWs.” (Bulatlat.com)

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