SC orders Comelec: Name party-list nominees
MANILA, Philippines — Upholding the people’s constitutional right to information and the need for transparency in government, the Supreme Court ordered the Commission on Elections to immediately disclose the names of the party-list nominees or face contempt.
In a unanimous decision reached Thursday following a special en banc session, the high tribunal rebuffed the poll body’s attempts to keep the nominees’ names under wraps until after the ballots are cast on May 14.
“The court said the nondisclosure by the Comelec is against the right to information enshrined in the Constitution under Section 7, Article 3. Also, Section 28, Article 2 enunciates the policy of full disclosure and transparency in government more so where public interest is involved,” Supreme Court spokesperson Jose Midas Marquez told reporters.
Justices Renato Corona and Alicia Austria-Martinez were on leave during the en banc session. Justice Romeo Callejo retired last week.
Marquez said the decision would be promulgated on Friday after all the justices had signed it, and would then be delivered to the Comelec for compliance.
But he said Chief Justice Reynato Puno had authorized the disclosure of the decision Thursday given the urgency of the issue.
The decision, penned by Associate Justice Cancio Garcia, is immediately executory, and the poll body has to report its compliance to the high court within five days of receiving the directive, according to Marquez.
Marquez also said the Comelec would have to comply with the directive even if it decides to file a motion for reconsideration.
In refusing to disclose the names of the party-list nominees, the Comelec said it was not required to do so because the selection of party-list groups should not be personality-oriented.
It also issued a resolution stating that it would only release the names of the nominees at 3 p.m. on Election Day.
Blind voting
But the high court, in directing the Comelec to release the names of party-list nominees, said the nondisclosure of the names was tantamount to propagating “blind voting.”
The tribunal added that the people need to know the nominees so that they could make an informed decision when they choose a party-list group on May 14.
“It has been repeatedly said in various contexts that the people have the right to elect their representatives on the basis of an informed judgment.
“Hence, the need for voters to be informed about matters that have a bearing on their choice. The ideal cannot be achieved in a system of blind voting, as veritably advocated in the assailed resolution of the Comelec,” the high court said, according to a statement from its public information office.
The Supreme Court also said there was no national security concern involved in the disclosure of the names of the party-list nominees.
The high court also junked the Comelec’s argument that the party-list law, Republic Act No. 7941, did not require it to disclose the names.
The tribunal said the Comelec “misread” the law, pointing out that the prohibition imposed on the poll body extended only to the certified list that is required to be posted in polling places on Election Day.
It also said that to stretch the coverage of the prohibition to the absolute was to read into the law something that was not intended.
“As it were, there is absolutely nothing in RA No. 7941 that prohibits the Comelec from disclosing or even publishing through mediums other than the ‘Certified List’ the names of the party-list nominees. The Comelec obviously misread the limited nondisclosure aspect of the provision as an absolute bar to public disclosure before the May 2007 elections,” the Supreme Court said.
Two petitions
The high court issued the directive to the Comelec in response to the two petitions filed by Akbayan party-list Rep. Loretta Ann “Etta” Rosales, Kilosbayan Forum and Bantay Katarungan Foundation, and by the Bantay Republic Act 7941 and Urban Poor for Legal Reforms.
But the high court turned down the plea of Bantay Republic Act 7941 and the Urban Poor for Legal Reforms to disqualify 34 party-list groups for not representing marginalized sectors.
Among the 34 is Biyaheng Langit, which represents tricycle drivers and has for its nominee Dr. Arsenio Abalos, the brother of Comelec Chair Benjamin Abalos.
The high court said the issue concerned factual matters that were beyond its ambit.
“The Supreme Court said these are factual issues which the court cannot decide because it could not know if these organizations do not represent the marginalized sectors. It is for the Comelec to decide on this,” Marquez said.
The Sanlakas party-list group welcomed the Supreme Court decision, saying the next challenge now to the Comelec is to “swiftly” disqualify from the party-list race Malacañang “fronts.”
Judy Ann Miranda, Partido ng Manggagawa nominee, praised the high court for backing the people’s right to know the nominees of the party-list group they would be voting for.
The Gabriela Women’s Party Thursday asked the Comelec to disqualify four party-list groups it claimed were “Malacañang fronts.”
In its petition, Gabriela said that Agbiag! Timpuyog Ilocano (Agbiag), Babae Para sa Kaunlaran (Babae Ka), the League of Youth for Peace and Development (Lypad) and the Kalahi-Advocates for Overseas Filipinos (Kkalahi) “were not created to represent the interest of marginalized and/or underrepresented sectors but the political interest and ambition of those already in power.”
The four groups were mentioned in an alleged two-page memorandum to President Gloria Macapagal-Arroyo dated Oct. 16, 2006, seeking funds from the government. The memo was said to have been signed by Malacañang’s Office of External Affairs chief, Assistant Secretary Marcelo Fariñas II.
Gabriela party-list Rep. Liza Maza, one of the complainants, said the petition was “a way of digging deeper into the existence of a counter-plan to frustrate the Left and opposition from gaining additional seats in Congress through the party-list elections.”








