Composition of the House of Representative; Apportionment; Party List

Partylist Representation

Philippine Guardians Brotherhood Inc. v. COMELEC

G.R. No. 190529, March 22, 2011
Brion, J.

POINT OF THE CASE:

Facts:
Philippine Guardians Brotherhood Inc. filed a petition for certiorari and a motion for reconsideration to
nullify the Commission on Elections (COMELEC) Resolution No. 8679 dated December 9, 2009 wherein,
the COMELEC delisted PGBI from the roster of registered national, regional or sectoral parties,
organizations or coalitions under the party-list system due to reasons that the PGBI failed to garner 2%
party-list votes in 2004 elections and did not participate to the 2007 elections.

Issue:

Whether or not there is a legal basis for delisting Philippine Guardians Brotherhood Inc.

Held:

No, there is no legal basis for delisting Philippine Guardians Brotherhood Inc. from the roster of
registered party-list. The court explained that the law is clear, the COMELEC may remove or cancel the
registration of any party-list if it fails to participate in the last two preceding elections or fails to obtain at
least two per centum (2%) of the votes cast under the party-list system in the two preceding elections for
the constituency in which it has registered. The word “or” is a disjunctive term signifying disassociation
and independence of one thing from the other things enumerated and it should be construed in the sense
in which it ordinarily implies as a disjunctive word. Thus the plain, clear and unmistakable language of the
law provides for two separate reasons for delisting. In the situation of PGBI, 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 which is not covered by the provision of Party-List System act of refusing and
cancellation of registration.