MAGDALO VS.

COMELEC
673 SCRA 651
G.R. No. 190793

FACTS:

On 2 July 2009, Petitioner Magdalo sa Pagbabago (MAGDALO) filed its Petition for Registration with
the COMELEC, seeking its registration and/or accreditation as a regional political party based in the
NCR for participation in the 10 May 2010 National and Local Elections. In the Petition, MAGDALO was
represented by its Chairperson, Senator Antonio F. Trillanes IV, and its Secretary General, Francisco
Ashley L. Acedillo (Acedillo).

On 26 October 2009, the COMELEC denied the Petition for Registration as it was not in accordance
with Art. IX-C, Section 2(5) of the Constitution. It is common knowledge that the party’s organizer
and Chairman, and some members participated in the take-over of the Oakwood Premier Apartments
in Ayala Center, Makati City on July 27, 2003, wherein several innocent civilian personnel were held
hostage. This and the fact that they were in full battle gear at the time of the mutiny clearly show
their purpose in employing violence and using unlawful means to achieve their goals in the process
defying the laws of organized societies.

They question that decision by the COMELEC. In the meantime, they were granted amnesty. Same
amnesty granted to Trillanes.

Subsequent Grant of Amnesty to the Military Personnel involved in the Oakwood standoff

ISSUE:

What is the effect of the subsequent grant of amnesty?

RULING:

(ATTY MONTEJO NOTES)

o It obliterates the offense as if it did not exist in the first place.

o Court: Because of this new development, it will be wrong now for the COMELEC to sustain
its own findings that the Magdalo uses violence, among other things, to achieve its goals
because, because of its amnesty it is as if they are as innocent as baby, as if they did not
commit any offense.
o if they still sustain that finding, it would be inconsistent to the legal effects of amnesty.
 It will not be in accord with the express intention of the Executive and Legislative
branches.
o So Magdalo can now register.
o Should it decide for another petition for registration, its officers must individually execute
affidavits renouncing the use of violence or other harmful means to achieve the goal of the
organization.

(FULL TEXT)

On 2 July 2009, Petitioner Magdalo sa Pagbabago (MAGDALO) filed its Petition for Registration with
the COMELEC, seeking its registration and/or accreditation as a regional political party based in the
NCR for participation in the 10 May 2010 National and Local Elections. In the Petition, MAGDALO was
represented by its Chairperson, Senator Antonio F. Trillanes IV, and its Secretary General, Francisco
Ashley L. Acedillo (Acedillo).
On 26 October 2009, the COMELEC denied the Petition for Registration as it was not in accordance
with Art. IX-C, Section 2(5) of the Constitution. It is common knowledge that the party’s organizer
and Chairman, and some members participated in the take-over of the Oakwood Premier Apartments
in Ayala Center, Makati City on July 27, 2003, wherein several innocent civilian personnel were held
hostage. This and the fact that they were in full battle gear at the time of the mutiny clearly show
their purpose in employing violence and using unlawful means to achieve their goals in the process
defying the laws of organized societies.