04/19/2007 | 07:42 PM
Two non-government groups on Thursday asked the Supreme Court to order the Commission on Elections to disqualify 34 party-list organizations believed to be backed by Malacañang.
In a 45-page petition for certiorari, Bantay Republic Act 7941 and Urban Poor for Legal Reforms asked the high court to order the Comelec to recall the accreditation it gave to the party-list groups, which they accused of “bastardizing” and “prostituting” RA 7941 or the Party-List Law.
Petitioners claimed the Comelec violated the provisions of RA 7941 as well as the eight-point guidelines set by the Supreme Court in the case of Ang Bagong Bayani v. Comelec in 2001, which states that “not only the candidate party or organization must represent marginalized and underrepresented sectors; so also must its nominees.”
They also asked the high court to issue a temporary restraining order preventing the Comelec from proclaiming any of the respondent party-list organizations running in the May 14 elections as winner until the petition is resolved with finality.
The groups claimed the stern refusal of the public respondent therefore to release the list of the names of nominees constitute grave abuse of discretion on the part of Comelec.
Named respondents in the petition were party list groups Biyaheng Pinoy, whose nominee to the congressional post Arsenio Abalos is brother of Comelec chairman Benjamin Abalos; Kapatiran ng mga Nakakulong Na walang Sala (Kakusa), Barangay Association for National Advancement and Transparency (Banat), Ahon Pinoy, Agricultural Sector Alliance of the Philippines, Inc. (Agap), Puwersa ng Bayaning Atleta (PBA), Alyansa ng mga Grupong Haligi ng Agham at Teknolohiya Para sa Mamamayan, Inc. (Agham), Babae Para sa Kaunlaran (Babae Ka), Aksyon Sambayanan (Aksa), Alay sa Bayan ng Malayang Propesyunal at Repormang Kalakal (Abay-Parak).
Also being sought for disqualification are Agbiag Timpuyog Ilocano, Inc. (Agbiag), Abante Ilonggo, Inc. (Aba Ilonggo), Aangat Tayo (AT), Aangat ang Kabuhayan (Anak), Bago National Cultural Society of the Philippines (Bago), Aangat Antas-Kabuhayan Pilipino Movement (Aangat ka Pilipino), Arts Business and Science Professional (ABS), Assosayon ng mga Maliliit na Negosyanteng Gumaganap Inc. (Amang), Sulong Barangay Movement, Kasosyo Producers Consumer Exchange Association, Inc (Kasosyo), United Movement Against Drugs (Uni-Mad), Parents Enabling Parents, Alliance of Neo-Conservatives (ANC).
Filipinos For Peace, Justice and Progress Movement (FPJPM), Bigkis Pinoy Movement (Bigkis), 1-United Transport Koalisyon (1-Untak), Alliance for Barangay Concerns (ABC), Biyayang Bukid, Inc, Alliance for Nationalism and Democracy (ANAD), Akbay Pinoy OFW-National Inc., (APOI), Alliance Transport Sector (ATS), Kalahi Sectoral Party (Advocates for Overseas Filipino) and Association of Administrators, Professionals and Seniors.
According to petitioners, the Comelec committed grave abuse of discretion when it granted accreditations to the party-list groups even without determining whether the nominees of the organizations are qualified or not.
They claimed that the poll body failed to determine whether or not the nominees belong to the marginalized and underrepresented sector, in accordance with No. 7 of the eight-point guidelines prescribed by the Supreme Court.
They also said the Comelec was in clear error in not following Section 7, Article III (Bill of Rights) of the Constitution, which states that “the right of the people to information on matters of public concern shall be recognized.”
The provision further stated that “Access to official records and to documents, and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”
Petitioners cited as example the group Biyaheng Pinoy, while claiming to be a group of marginalized sector of tricycle drivers, its nominees are not tricycle drivers themselves. The group’s primary nominee is lawyer Jesus Cruz, the incumbent vice-mayor of Mandaluyong City, while Arsenio Abalos is a physician.
“How can a lawyer and an incumbent vice-mayor of a highly urbanized city like Mandaluyong credibly claim to be a tricycle driver? How can a physician like Dr. Abalos say that he is also a tricycle driver?” petitioners said.
On the other hand, the petitioners said Kakusa did not fit under the definition of a marginalized sector.
“The name is absurd. How can convicted prisoners claim not to have political rights to vote, and be voted upon for logical reasons?” the NGOs said, adding that the group’s nominee, lawyer Omar Rivera, is an employee of the House of Representatives.
“Obviously, private respondent Kakusa was organized to serve the interests of some powerful individuals,” the petitioners added.
Meanwhile, Barangay Association for National Advancement and Transparency (BANAT) is reportedly fielding lawyer Raul Lambino, convenor of the Palace-backed Sigaw ng Bayan, which had pushed for people’s initiative to amend the Constitution. – GMANews.TV