The Supreme Court (SC) has required the Commission on Elections (Comelec) to comment on the petition and plea for a temporary restraining order filed by party-list group An Waray.
An Waray’s petition is seeking to set aside a Comelec resolution ordering the cancellation of An Waray’s registration for violation of an election code in 2013.
The ruling is likely to affect Representative Florencio Noel, an incumbent lawmaker who is the first nominee of An Waray in the 19th Congress, unless the SC issues a TRO to enjoin the implementation of Comelec’s resolution.
In a resolution, the SC also ordered the Comelec to reply to Danilo Pornias and Jude Acidre who acted as the petitioners in the Comelec case.
Acidre is currently a congressman, and the second nominee of the Tingog Party-list.
In a statement released by the SC-Public Information Office (PIO), the Court said respondents Comelec, Pornias and Acidre should particularly comment on the issue of jurisdiction raised by An Waray in its petition.
The SC gave the respondents a non-extendible period of 10 days to file their comment upon receipt of notice.
The Court issued the order during the magistrates’ regular en banc session yesterday.
An Waray’s petition primarily questions the jurisdiction of the Comelec in ordering the cancellation of the registration of the party-list group since it is allegedly the House of Representatives that has jurisdiction over cases involving the qualification of its members.
In a resolution dated June 2, 2023 of the Comelec Second Division and resolution dated August 14, 2023 of the Comelec en banc, the poll body cancelled the registration of An Waray Party-list pursuant to Section 6 (5) of Republic Act No. 7941 for letting its second nominee, Victoria Noel, take her oath and assume a congressional seat in 2013 despite the absence of a certificate of proclamation from the Comelec.
The poll body pointed out that An Waray Party-List was only entitled to one seat for the 2013 National and Local Elections.