AKBAYAN party-list President Rafaela David called on the Commission on Elections (Comelec) on Tuesday to proclaim Akbayan as the winner in the 2022 national elections, following a Supreme Court decision disqualifying An Waray party list.
David said Akbayan was ranked 57th, one place shy of joining the 56 winning groups.
“Every day Akbayan remains unseated, [it] undermines our electoral democracy and denies marginalized sectors the representation they urgently need,” she said.
The Court upheld a 2019 decision by the Comelec to cancel An Waray’s party list registration after its second nominee in 2013 was sworn in, although the party list was only entitled to one seat.
In the 2013 elections, An Waray was among the 14 winning party-list groups.
A National Board of Canvassers (NBOC) cancellation of several party-list groups allowed An Waray to have two representatives in the House instead of just one.
The NBOC resolution, however, noted that the new allocation of representatives should be without prejudice to the possible proclamation of other parties later.
The NBOC issued a certificate of proclamation to An Waray, entitling its first nominee, Neil Benedict Montejo, to sit in the House of Representatives in the 16th Congress.
Montejo took his oath of office on June 26, 2013.
An Waray’s second nominee, Victoria Isabel Noel, also took an oath of office on July 13, 2013.
On Aug. 20, 2014, the Comelec issued a resolution declaring the final distribution of seats for party-list groups following the reversal of its cancellation of the Abang Lingkod party list by the Supreme Court.
In the final distribution, An Waray was declared entitled to only one seat.
Five years later, a petition was filed for the cancellation of An Waray’s registration for alleged violation of the Party-List System Act. The petitioner claimed that Noel took her oath and assumed office in the 16th Congress, knowing An Waray was entitled to only one seat.
The Comelec’s Second Division granted the petition.
The Supreme Court held that under the Party-List System Act, it was the Comelec that had exclusive jurisdiction to rule on the cancellation of party-list registrations.
Akbayan lost in the 2019 midterm elections and in the 2022 national polls.
“With the [Supreme Court’s] ruling, Akbayan is poised to end nearly five years of absence from Congress, reclaiming its place as the longest-serving party-list group back in the parliament since the 1998 elections,” Akbayan said in a statement.
David added that Akbayan was committed to pushing reforms in the House of Representatives.
“Hopefully, our return signifies a new chapter for progressive forces. With Sen. Risa Hontiveros in the Senate and the party back in the House of Representatives, we will continue our work of holding power accountable and pushing for meaningful reforms,” she said.
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