• Cocofed-Philippine Coconut Producers Federation Inc. vs.
COMELEC GR
No. 207026, August 6, 2013
SUMMARY: Party-lists must submit a list of five nominees before the COMELEC.
Otherwise, they would be disqualified from practicing in the elections, as what
happened to petitioner COCOFED in this case.
FACTS: Petitioner is an organization and sectoral party whose membership
comes from the peasant sector, particularly the coconut farmers and producers.
On May 29,2012, COCOFED manifested with the COMELEC its intent to
participate in the party-list elections of May 13, 2013 and submitted the names of
only two nominees. On November 7, 2012, the COMELEC cancelled
COCOFED`s registration and accreditation as a party-list organization on several
grounds. Notably, the Concurring Opinion of Commissioner Christian Lim cited,
as additional ground, that since COCOFED submitted only two nominees, then it
failed to comply with Sec. 8 of RA 7941 that requires the party to submit to
COMELEC a list of not less than five nominees. COCOFED questioned the
COMELEC`s cancellation of its registration and accreditation before the SC. Its
petition was eventually consolidated with other petitioners that formed the basis
for the Atong Paglaum decision. In its decision in Atong Paglaum, the court
remanded all the petitions to the COMELEC to determine their compliance with
the new parameters and guidelines set by the court in that case. On May 10,
2013, the COMELEC issued its assailed resolution, maintaining its earlier ruling
cancelling COCOFED`s registration and accreditation for its failure to comply
with the requirement of Sec 8 of RA 7941 to submit a list of not less than five
nominees. COCOFED moved for reconsideration only to withdraw its motion
later. Instead, on May 20, 2013, COCOFED filed a Manifestation with Urgent
Request to Admit Additional Nominees with the COMELEC. On May 24, 2013,
the COMELEC issued a resolution declaring the cancellation of COCOFED`s
accreditation final and executor.
ISSUE: WON the COMELEC gravely abused its discretion in issuing the assailed
resolution cancelling COCOFED`s registration
HELD: NO. Failure to submit the list of five nominees before the election
warrants the cancellation of its registration. First, the language of Sec 8 of RA
7941 does not only use the word “shall” in connection with the requirement of
submitting a list of 5 nominees, it uses this mandatory term in conjunction with
the number of names to be submitted that is couched negatively “not less than
five”. The use of these terms together is a plain indication of legislative intent to
make the statutory requirement mandatory for the party to undertake.
COCOFED`s failure to submit a complete list of nominees may not have been
among the grounds cited by COMELEC in the earlier cancelling its registration,
this is not sufficient to support a finding of grave abuse of discretion. The fact that
a party-list group is entitled to no more than three seats in Congress, regardless
of the number of votes it may garner, does not render Sec 8 of RA 7941
permissive in nature. The publication of the list of nominees does not only serve
as the reckoning period of certain remedies and procedures under the resolution.
Most importantly, the required publication satisfies the people`s constitutional
right to information on matters of public concern. The need for submission of the
complete list required by law becomes all the more important in a party-list
election to apprise the electorate of the individuals behind the party they are
voting for. The court held that they cannot discern any valid reason why a part-list
group cannot comply with the statutory requirement. While under the 6th
parameter in Atong Paglaum, the court said that the disqualification of some of
the nominees shall not result in the disqualification of the party-list group,
“provided that they have at least one nominee who remains qualified,” the Court
in no way authorized a party-list group`s inexcusable failure, if not outright
refusal, to comply with the clear letter of the law on the submission of at least five
nominees.
