Comelec: SC ruling on P3PWD Party-List settles 'gray areas' in nominee substitution | ABS-CBN

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Comelec: SC ruling on P3PWD Party-List settles 'gray areas' in nominee substitution

Comelec: SC ruling on P3PWD Party-List settles 'gray areas' in nominee substitution

Johnson Manabat,

ABS-CBN News

 | 

Updated Nov 21, 2024 05:08 PM PHT

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Comelec Chairman George Garcia presides over the Raffle of Party-List Groups and Organizations or Coalitions' Order in the Official Ballot for the 2025 National and Local Elections held at the Chairman's Hall, Palacio del Gobernador, Intramuros, Manila  on October 18, 2024. Jonathan Cellona, ABS-CBN News/FileMANILA — The Commission on Elections welcomed the Supreme Court ruling voiding the substitution of former Comelec commissioner Rowena Guanzon as the first nominee of P3PWD Party-List, which won a seat in the 2022 elections, saying it clarified gray areas in party-list substitution.

The ruling stemmed from a petition filed by the Duterte Youth party-list, which also faced questions on the last-minute substitution of nominees.

In an ambush interview in Quezon City, Comelec chairman George Erwin Garcia said the ruling will help guide the commission in dealing with similar issues in the future.

"So ngayon po, madami po kaming gagawing pagbabago sa aming guidelines — sa aming rules lalo na sa party-list dahil sa mga nalagay na prinsipyo ng Korte Suprema dun sa kanilang desisyon," Garcia explained.

(We are going to make many changes to our guidelines and rules because of the principles that the Supreme Court included in its decision)

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Garcia said the Comelec not file a motion for reconsideration on the voided nomination substitutions but that respondents still might.

In its decision, the SC directed P3PWD to submit additional nominees other than those whose substitutions had been declared null and void. 

"Hihintayin namin kung magsa-submit kaagad sila ng mga bagong nominees at kaagad namin yung ipo-proklama yung nominee na 'yan, sapagkat kinakailangan may representasyon sila sa Congress," Garcia said.

(We will wait for them to submit a list of new nominees because the party-list needs to have representation in Congress)

WHAT THE SC SAID

In its decision, the Supreme Court said the Comelec resolution allowing Guanzon to be a substitute first nominee of P3PWD Party-List was issued with “grave abuse of discretion” because it was done beyond the deadline.

But, Garcia said, that more than the issue of whether Comelec committed “grave abuse of discretion”,  the ruling has settled questions on substitution.

“Minsan gumagawa ka ng aksyon na kahit alam mo medyo maaring ma-reverse ka ng Supreme Court pero at least maliliwanagan naman yung tinatawag na gray areas,” Garcia explained.

(Sometimes you take an action knowing the Supreme Court might reverse it, but, at least, you will get clarity on some gray areas)

The Comelec chairman advised the respondents to forgo filing a motion for reconsideration and just submit new nominees.

“Sayang din yung panahon na natitira bago matapos ang term. Pero siyempre, opinyon ko lang naman 'yun, nasa kanila pa rin ang final say sa bagay na 'yan,” Garcia said. 

(It might take up the time left in their term. But, of course, that is just my opinion and the final say is with them)




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