Party-list System

PHILIPPINE GUARDIANS BROTHERHOOD, INC. (PGBI) represented by its Secretary General George
“FGBF George” Duldulao
vs.
COMMISSION ON ELECTIONS
G.R. No. 190529. April 29, 2010

POINT OF THE CASE:

Unintended gaps in the law are decided by the Congress and not the Judiciary
FACTS:
Prior to the May 2010 elections, the COMELEC deleted several party-list groups or organizations from the list of
registered national, regional or sectoral parties, organizations or coalitions. Among the party-list organizations
affected was PGBI. It was delisted because it failed to get 2% of the votes cast in 2004 and it did not participate
in the 2007 elections.
Petitioner filed its opposition to the resolution citing among others the misapplication in the ruling of MINERO v.
COMELEC, but was denied for lack of merit. Petitioner elevated the matter to SC showing the excerpts from the
records of Senate Bill No. 1913 before it became the law in question.
ISSUE:
Whether or not there is legal basis for delisting PGBI.
HELD:
No. COMELEC's decision is annulled. The petition for review is GRANTED. Delisting of any national, regional or
sectoral party. The law is clear that the COMELEC may, upon verified complaint of any interested party, remove
or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization
or coalition if it: (a) fails to participate in the last two (2) preceding elections; or (b) fails to obtain at least two per
centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency
in which it has registered. These provide for two separate grounds for delisting; these grounds cannot be mixed
or combined to support delisting. The disqualification for failure to garner 2% party-list votes in two preceding
elections should now be understood to mean failure to qualify for a party-list seat in two preceding elections for
the constituency in which it has registered. This is how Section 6(8) of RA 7941 should be understood and
applied. PGBIs situation a party list group or organization that failed to garner 2% in a prior election and
immediately thereafter did not participate in the preceding election is something that is not covered by Section
6(8) of RA 7941.From this perspective, it may be an unintended gap in the law and as such is a matter for
Congress to address. The Court cannot and do not address matters over which full discretionary authority is
given by the Constitution to the legislature; to do so will offend the principle of separation of powers. If a gap
indeed exists, then the present case should bring this concern to the legislatures notice.