Duterte Youth asks Comelec to reverse ruling, proclaim group as winning party-list

MANILA (UPDATED) — The Duterte Youth on Monday asked the Commission on Elections (Comelec) to reverse and set aside its June 18 ruling cancelling its registration as party-list.

The group filed a motion for reconsideration citing insufficient evidence to justify the said ruling of the poll body's Second Division, which it claims is contrary to law.  

In its motion, Duterte Youth claimed the Second Division "gravely erred" when it ruled that the group's registration is void ab initio (from the beginning) for non-compliance with the constitutional requirements of publication and hearing.  

"Therefore, the Party-List System Act, specifically Sec. 5 of RA 7941 ORDERS that the COMELEC, not the party-list applicant, to publish the petition for registration in two (2) national newspapers of general circulation and shall resolve the petition within fifteen (15) days from the date it was submitted for resolution," the motion read.

The group also cited Comelec Resolution No. 9366, which states that the Commission shall require the petitioner to publish the petition for registration at his expense in two national newspapers of general circulation accredited by the poll body.

Duterte Youth insisted it complied with all the orders to publish and notices of hearing set by the Comelec.

"Again, the Duterte Youth Party-List from the 2019 elections, 2022 elections, and 2025 elections has shown good faith by publishing documents and attending hearings, if it was ordered and notified to do so," the motion stated.

The group noted there is Supreme Court jurisprudence that supports its argument that Comelec should be the one to publish the petition.  

"Respondent respectfully submits that it is the COMELEC which is clearly required to publish the petition in at least two (2) newspapers of general circulation. And if it wanted to delegate such act to the Duterte Youth Party-List, the COMELEC should have at least given an Order To Publish and at least a Notice of Hearing so that the party-list could have acted on this requirement," it said.

Duterte Youth pointed out that the group was already included in the certified list of candidates for the party-list system for the 2019 national and local elections, which was also published in two newspapers.

The group likewise claimed the petitioners did not present any documentary and testimonial evidence to back its claims.  

NO RUSH FOR COMELEC

Comelec Chairman George Garcia on Tuesday said the case will be elevated to the Commission en banc and will be submitted for resolution.  

He said there is rush for the poll body to resolve the case before June 30 or when winners of the 2025 midterm elections officially assume office.

"Mukha pong hindi kami kasama doon sa naging desisyon ng Korte Suprema yung kasong ito, doon sa kaso po ng Mangudadatu versus Comelec. Sapagkat una, wala namang pong naiproklama pa, hindi pa po naipoproklama naturang party-list, at wala rin pong naipoproklama na nominees nung naturang party-list," Garcia said.

"Ibig sabihin, wala pa pong proklamasyon, wala pa pong panunumpa at wala pa pong assumption to office by June 30. Kung kaya po ang Comelec ay mananatili ang hurisdiksyon niya sa kaso po na ito," the poll body chief added.

Garcia assured the Comelec will perform its duty and 'regularly dispose of the case' in accordance with its rules.  

"Any discussion on what will be the consequence, what should be the effect ng kahit na anong desisyon ng Comelec sa party-list na ito, ay at this point premature. Hindi dapat sapagkat division case lang po yun," he explained.

Garcia reiterated that he will take no part in the case since he served as one of the legal counsel for the respondent for a very brief period.

When asked about Duterte Youth's argument that the responsibility for publication lies with the Comelec, Garcia stressed the poll body's rules for party-list registration.

"As a general rule dito po sa amin basta po nag-file ng petisyon ang isang party-list para ma-accredit, ang kauna-unahang order po na matatanggap ng naturang party list ay ang order na i-publish into newspapers of general circulation ang naturang petisyon kasama yung order na pinapapublish yung natura ng mga petisyon," he said.

"Yung pangalawa po, kapag ka ang isang party list ay na-accredit na, existing na, bago po mag-eleksyon, nagre-require po ang Comelec ng submission ng tinatawag na manifestasyon na sila ay magpaparticipate sa party list eleksyon. So, kung magkakaganun po, pagka po nagsubmit yung lahat ng party list ng manifestation, pinapublish po yan ng Comelec mismo, ng Education and Information Department," Garcia explained.

The poll body chief said there are some party-lists who get accredited, but do not immediately participate in the elections due to various reasons.

"So again, pag magpapa-accredit ka pa lang, kailangan mandatorily, mandatory po yan, walang exception to the rule, na magpapublish yung naturang party-list sapagkat doon nagkakaroon ng jurisdiction ang Comelec," he said.

Garcia laid down the three scenarios on why Duterte Youth may not be able to assume office yet on June 30.

"Dahil po sa existing parin yung order to suspend proclamation. Hangga't hindi po na-lilift yung order to suspend proclamation, which may happen even prior to the result of the NBOC decision, pwede pong mangyari yun. O doon sa mismo resolution, kasama yung lifting halimbawa o kaya naman po resolution tapos after noon tsaka papasok ang lifting ng suspension order," he said.

Duterte Youth included in its motion the prayer that Comelec will proclaim them as one of the winning party-lists, after garnering over 2 million votes in the 2025 midterm elections.