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G-16abc vs Comelec

G-16abc vs Comelec

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Published by Geelyn Catindig
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Published by: Geelyn Catindig on Aug 07, 2014
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08/07/2014

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ABC (ALLIANCE FOR BARANGAY CONCERNS) PARTY LIST, represented herein by its Chairan, !A"ES "ARTY LI",
 Petitioner, vs.
CO""ISSION ON ELECTIONS and "ELANIO "A#RICIO, !R$,
 Respondents.Melanio Mauricio, Jr. filed a petition
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 with the COMELEC for the cancellation of registration and accreditation of petitioner AC Part!"List
#
 on the ground that petitioner is a front for a religious organi$ation% hence, it is dis&ualified to 'eco(e a  part!"list group under )ection * +-
 of Repu'lic Act +R.A.- /o. 01, otherwise nown as the Part!"List )!ste( Act.Private respondent contends that AC is a front for a religious group called the Children of 3od 4nternational, which is (ore  popularl! nown as Ang 5ating 5aan, 'ased on the following circu(stances6. Although its /ational Chair(an, Ja(es Mart! Li(, was 'eing pu'licl! 'ruited as its first no(inee, the real nu('er one no(inee of the part! is Arnulfo 7/oel7 Molero, who is a nown top official of Ang 5ating 5aan%2. AC was organi$ed, esta'lished and is 'eing run '! Ang 5ating 5aan not as a part!"list organi$ation for political  purposes 8envisioned '! R.A. /o. 01 +the Part!"List )!ste( Act-9, 'ut as a religious sect for religious purposes%#. :he resources of Ang 5ating 5aan are 'eing used to finance the ca(paign of AC on a nationwide scale% and. :he (e('ership of AC is co(posed of the (e('ers of Ang 5ating 5aan. AC denied private respondent;s allegations, petitioner stated that as a political part! of national constituenc!, it was foundedand headed '! Mr. Ja(es Mart! Li(, who held the position of /ational President of the Association of aranga! Chair(en for  !ears. Petitioner averred that it has not 'een identified with an! religious entit! or aggrupation.On June *, 2<<, the COMELEC, )econd 5ivision issued a Resolution
0
 dis(issing the petition 'ased on procedural and su'stantial grounds. :he dis(issal on procedural grounds was grounded on the lac of proper verification of the petition. )econd 5ivision also dis(issed the petition 'ased on su'stantial grounds, as it found that AC is not a religious sect, and is, therefore, not dis&ualified fro( registration.Private respondents filed a
 Motion for Reconsideration with Motion to Annul Proclamation and Suspend its Effects.
Petitioner urged the COMELEC to dis(iss the petition for lac of =urisdiction, since the )ecretar! 3eneral of the >ouse of Representatives had alread! recogni$ed AC as a proclai(ed part!"list group '! asing its first no(inee to attend the Orientation Progra( for the new (e('ers of the >ouse of Representatives, ?ifteenth Congress on Jul! @, 2<< at the plenar!hall.On Jul! #<, 2<<
,
 private respondent filed a Co((entOpposition to petitionerBs (otion to dis(iss, arguing that AC was not validl! proclai(ed% hence, the COMELEC still has =urisdiction over the case. On August #, 2<<, the COMELEC en  'anc issued a Resolution
 partiall! granting private respondent;s Motion for Reconsideration with Motion to Annul Procla(ation and )uspend 4ts Effects dated June 22, 2<<.Petitioner contends that the COMELEC en 'anc no longer had =urisdiction to entertain the petition for cancellation of registration and accreditation of AC Part!"List after it was alread! proclai(ed as one of the winners in the part!"list elections of Ma! <, 2<<. Petitioner avers that )ection 0, Article 4 of the Constitution provides that 78t9he )enate and the >ouse of Representatives shall each have an Electoral :ri'unal which shall 'e the sole =udge of all contests relating to the election, returns, and &ualifications of their respective Me('ers.7 >ence, once a candidate for >ouse of Representatives is  proclai(ed, the COMELEC is divested of =urisdiction to pass upon its &ualification and the sa(e is vested with the >ouse of Representatives Electoral :ri'unal +>RE:-% therefore, an! &uestion as to its &ualification should 'e resolved '! the >RE: and not '! the COMELEC. Petitioner asserts that once a part!"list group has 'een proclai(ed winner and its no(inees have taen their oath, the COMELEC should 'e divested of its =urisdiction over 'oth the part!"list group and its no(inees.
ISS#E
6 DO/ COMELEC has =urisdiction over the dis&ualification of AC as a part!"list since it won the election and was alread! proclai(ed or it;s now the >ouse of Representatives Electoral :ri'unal +>RE:-

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