PHILIPPINE GUARDIANS BROTHERHOOD, INC. (PCGBI) v.

COMELEC,
GR No. 190529, April 29, 2010 (En Banc), Brion J.

RESOLUTION

Facts:

Pursuant to Section 6(8) of RA 7941 “Party-List System Act,” which provides that:

Section 6. Removal and/or Cancellation of Registration.---The COMELEC

may motu proprio or upon verified complaint of any interested party,
remove or cancel, after due notice and hearing, the registration of any
national, regional or sectoral party organization or coalition on any of the
following grounds:

xxxx

(8) it fails to participate in the last two (2) preceding elections or fails to
obtain at least two per centum (2%) of the votes cast under the party-list
system in the two (2) preceding elections for the constituency in which it
has registered.

For the upcoming May 2010 elections, COMELEC En Banc issued a Resolution
delteting several party-list groups or organizations from the list of registered national,
regional or sectoral parties, organizations or coalitions. Among the party-list
organizations affected was PGBI; it was delisted because it failed to get 2% of the votes
cast in 2004 and it did not participate in the 2007 elections.

PGBI filed its Opposition but likewise sought, through its pleading, the admission
ad cautelam of its petition for accreditation as a party-list organization under the Party-
List System Act. It asserted that: (1) the assailed resolution negates the right of movant
which allows any party, organization and coalition already registered with the
Commission to no longer register anew, (2) the implementation of the resolution should
be suspended to prevent a miscarriage of justice in view of the failure to notify the
parties in accordance with the same Section 6(8) or RA No. 7941.

COMELEC denied PGBI’s motion stating that: (1) PCGBI misunderstood RA

7941; the provision simply means that without the required manifestation or if any party
or organization does not participate, the exemption from registration does not arise and
the party, organization or coalition must go through the process again and apply for
requalification; a request for deferment would not exempt PGBI from registering anew;
(2) PGBI was given an opportunity to be heard or to seek the reconsideration of the
action complained of; this is clear from the Rsolution which expressly gave the parties
the opportunity to file their opposition.

PCGBI came to the Supreme Court on certiorari and the SC DISMISSED the
petition in light of the ruling in Minero v. Commission on Elections, which stated that no
grave abuse of discretion was committed by COMELEC in applying RA 7941, where the
petitioners therein who failed to get 2% votes in 2001 and did not participate in the 2004
elections, were not certified.

Hence, this MOTION FOR RECONSIDERATION, alleging that based on the

tenor and import of the deliberations in Senate Bill 1913, which stated that “failure to
particiapte in at least two (2) preceding elections” is a ground for cancellation of
registration, Section 6(8) of RA 7941, does not apply to PCGBI’s situation because it
failed to participate in one (1) but not in the two (2) preceding elections.

Issue:

Whether or not the ruling in Minero v. Commission on Elections, is the right

precedent which the Supreme Court could use as legal basis, in upholding the
COMELEC Resolution which deleted PCGBI from the list of registered organizations
and coalitions for the 2010 elections.