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MANILA, Philippines—An overseas Filipino workers group has asked the Supreme Court to nullify a Commission on Elections (Comelec) resolution delisting it as a party-list organization.
In its 20-page petition, Migrante told the high court that Comelec violated Republic Act 7941 or the Party-List System Act when Migrante, along with 25 other party-list groups, was de-listed without prior notice and hearing as required by law.
“The statutory requirement must be complied with by respondent (Comelec) at all times, as respondent is the proper body designated to implement such provision. To this duty, respondent has failed miserably at the expense of petitioner and over 10 million overseas Filipino workers and their families,” Migrante said in it petition for certiorari, prohibition and mandamus which was filed Friday; a copy was released today.
Comelec’s explanation that its Resolution 8679 does not totally de-list Migrante and the other party-list groups is “too lame,” Migrante said.
“Providing petitioner the opportunity to be heard on the matter through its verified opposition was already after the fact of the unequivocal removal or cancellation of its registration as a party under the party-list system,” petitioner said.
Aside from lack of due process, another ground cited by the Comelec is Migrante’s failure to participate in the last two preceding elections and so not able to obtain at least two percent of the votes cast then.
Migrante said it only participated in the 2004 elections, “so the first argument of failure to participate in the last two elections does not apply to it. Neither does the second ground of failure to obtain at least two percentum of the votes cast in the two preceding elections.”
The group added that it informed the Comelec that it will not participate in the 2007 election but will prepare for the 2010 polls. It said respondent Comelec acknowledged that communication.
“Comelec’s de-listing of Migrante smacks of political motivation. Migrante has the best and biggest chance to represent OFWs in Congress in 2010. For over three decades, Migrante has become the severest critic of government for its labor export policy. Government stands to benefit the most from stopping Migrante in its bid for Congress through party-list,” petitioners said.
On November 17, the Comelec came out with a resolution insisting that since Migrante Sectoral Party did not join the elections in 2007, it automatically meant that the party lost in two preceding elections.
