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SUNDAY, JANUARY 31, 2010 Blog Archive

bantay vs. comelec ▼  2010 (39)
►  February (26)
Bantay vs. COMELEC
G.R. No. 177271 ▼  January (13)
May 4, 2007 bantay vs. comelec
Nicholas‐ Lewis vs COMELEC
FACTS: Before the Court are two consolidated petitions for certiorari
Municipal Board of Canvassers
and mandamus to nullify and set aside certain issuances of the
of Glan vs. COMELEC
Commission on Elections (Comelec) respecting party‐list groups which
have manifested their intention to participate in the party‐list elections Matsura vs. Comelec
on May 14, 2007. BANAGA, JR. vs. COMELEC (G.R.
No. 134696)
A number of organized groups filed the necessary manifestations and
Herrera vs COMELEC
subsequently were accredited by the Comelec to participate in the 2007
elections. Bantay Republic Act (BA‐RA 7941) and the Urban Poor for TAULE vs. SANTOS (G. R. No.
90336)
Legal Reforms (UP‐LR) filed with the Comelec an Urgent Petition to
Disqualify, seeking to disqualify the nominees of certain party‐list Zarate vs COMELEC
organizations. Docketed in the Comelec as SPA Case No 07‐026, this Tan v. COMELEC
urgent petition has yet to be resolved.
TUPAY T. LOONG vs.
Meanwhile petitioner Rosales, in G.R. No. 177314, addressed 2 letters to
COMMISSION ON ELECTIONS
the Director of the Comelec’s Law Department requesting a list of that and ABD...
groups’ nominees. Evidently unbeknownst then to Ms. Rosales, et al.,
DATU INOCENCIO C. SIAWAN vs.
was the issuance of Comelec en banc Resolution 07‐0724 under date
JUDGE AQUILINO A. INO...
April 3, 2007 virtually declaring the nominees’ names confidential and
in net effect denying petitioner Rosales’ basic disclosure request. Sarmiento vs. COMELEC (212
Comelec’s reason for keeping the names of the party list nominees away SCRA 307)
from the public is deducible from the excerpts of the news report Montejo vs. COMELEC (242 SCRA
appearing in the April 13, 2007 issue of the Manila Bulletin, is that there 415)
is nothing in R.A. 7941 that requires the Comelec to disclose the names
of nominees, and that party list elections must not be personality

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oriented according to Chairman Abalos. Election Law Course Guide‐ atty.
In the first petition (G.R. No. 177271), BA‐RA 7941 and UP‐LR assail the abellera
Comelec resolutions accrediting private respondents Biyaheng Pinoy et P.U.P College of Law
al., to participate in the forthcoming party‐list elections without
simultaneously determining whether or not their respective nominees
Election Law
possess the requisite qualifications defined in R.A. No. 7941, or the
"Party‐List System Act" and belong to the marginalized and Second Semester 2009-2010
underrepresented sector each seeks to. Atty. Abellera

In the second petition (G.R. No. 177314), petitioners Loreta Ann P. Election Law Course Guide
Rosales, Kilosbayan Foundation and Bantay Katarungan Foundation
impugn Comelec Resolution dated April 3, 2007.
A. The Constitution and The Right
While both petitions commonly seek to compel the Comelec to disclose of Suffrage
or publish the names of the nominees of the various party‐list groups Constitution, Art. II, Sec.
named in the petitions, BA‐RA 7941 and UP‐LR have the additional 1, 13, 23, 26
prayers that the 33 private respondents named therein be "declare[d] as Art. III, Secs. 4, 5
unqualified to participate in the party‐list elections and that the
Art. V, Secs. 1, 2 (see also Art. V
Comelec be enjoined from allowing respondent groups from
Sec 1 of the 1935 Constitution)
participating in the elections.
Art. VI, Sec. 32
ISSUE: Art. XVII, Secs. 2,3,4

1. Can the Court cancel the accreditation accorded by the Comelec to Cases:
the respondent party‐list groups named in their petition on the ground
that these groups and their respective nominees do not appear to be
Moya vs. Del Fierro
qualified.
2. Whether respondent Comelec, by refusing to reveal the names of the 69 Phil 199 (1939)
nominees of the various party‐list groups, has violated the right to Ocampo vs. HRET,
information and free access to documents as guaranteed by the June 15, 2004
Constitution; and Villavicencio vs. Lukban
3. Whether respondent Comelec is mandated by the Constitution to
39 Phil 778 (1919)
disclose to the public the names of said nominees.
Maquera vs. Borra,
HELD: The 1st petition is partly DENIED insofar as it seeks to nullify the 15 SCRA 7 (1965)
accreditation of the respondents named therein. However, insofar as it Lacson vs. Posadas ,
seeks to compel the Comelec to disclose or publish the names of the 72 SCRA 168 (1976)
nominees of party‐list groups, sectors or organizations accredited to Puñgutan vs. Abubakar,
participate in the May 14, 2007 elections, the 2 petitions are GRANTED.
43 SCRA 1 (1972)
Accordingly, the Comelec is hereby ORDERED to immediately disclose
Romualdez vs. RTC,
and release the names of the nominees of the party‐list groups,
226 SCRA 406 (1993)
1. The Court is unable to grant the desired plea of petitioners BA‐RA Lidasan vs. COMELEC,
7941 and UP‐LR for cancellation of accreditation on the grounds thus 21 SCRA 497 (1967)
advanced in their petition. The exercise would require the Court to Taule vs. Santos ,
make a factual determination, a matter which is outside the office of
200 SCRA 512 (1991)
judicial review by way of special civil action for certiorari. In certiorari
Badelles vs. Cabili,
proceedings, the Court is not called upon to decide factual issues and
the case must be decided on the undisputed facts on record. The sole 27 SCRA 113
function of a writ of certiorari is to address issues of want of jurisdiction ( Feb. 27, 1969)
or grave abuse of discretion and does not include a review of the
tribunal’s evaluation of the evidence. (note that nowhere in R.A. No. B. The Commission on Elections
7941 is there a requirement that the qualification of a party‐list
Article IX, C,
nominee be determined simultaneously with the accreditation of an

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8/27/2015 d.i.g.e.s.t.s at kung anetch anetch: bantay vs. comelec
organization. ) 1987 Constitution

2. Section 7, Article III of the Constitution, viz:

Sections 52-59,
Sec.7. The right of the people to information on matters of public
Omnibus Election Code
concern shall be recognized. Access to official records, and to
documents, and papers pertaining to official acts, transactions, or
decisions, as well to government research data used as basis for policy Cases:
development, shall be afforded the citizen, subject to such limitations
as may be provided by law. Gallardo vs. Tabamo,
218 SCRA 253
Section 28, Article II of the Constitution reading:
Tan vs. COMELEC,
Sec. 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its 237 SCRA 353
transactions involving public interest. Montejo vs. COMELEC,
242 SCRA 415
COMELEC’s basis of its refusal to disclose the names of the nominees of Sema vs. COMELEC,
subject party‐list groups, Section 7 of R.A. 7941,which last sentence
558 SCRA 700
reads: "[T]he names of the party‐list nominees shall not be shown on the
Herrera vs. COMELEC,
certified list" is certainly not a justifying card for the Comelec to deny
the requested disclosure. There is absolutely nothing in R.A. No. 7941 318 SCRA 336
that prohibits the Comelec from disclosing or even publishing through Mastura vs. COMELEC,
mediums other than the "Certified List" of the names. 285 SCRA 443
Javier vs. COMELEC,
It has been repeatedly said in various contexts that the people have the
144 SCRA 194 (1986)
right to elect their representatives on the basis of an informed
Bañaga, Jr. vs. COMELEC,
judgment. While the vote cast in a party‐list elections is a vote for a
party, such vote, in the end, would be a vote for its nominees, who, in 336 SCRA 701 (2000)
appropriate cases, would eventually sit in the House of Representatives. Aggabao vs. COMELEC,
The Court frowns upon any interpretation of the law or rules that would 449 SCRA 400 (2005)
hinder in any way the free and intelligent casting of the votes in an Poe vs. Macapagal-Arroyo,
election
454 SCRA 142 (2005)
3. COMELEC has a constitutional duty to disclose and release the names
Legarda vs. De Castro,
of the nominees of the party‐list groups named in the herein petitions.
The right to information is a public right where the real parties in 454 SCRA 242(2005)
interest are the public, or the citizens to be precise, but like all Sarmiento vs. COMELEC,
constitutional guarantees, however, the right to information and its 212 SCRA 307 (1992)
companion right of access to official records are not absolute. The Zarate vs. COMELEC,
people’s right to know is limited to "matters of public concern" and is
318 SCRA 606 (1999)
further subject to such limitation as may be provided by law. But no
Municipal Board of Canvassers vs.
national security or like concerns is involved in the disclosure of the
names of the nominees of the party‐list groups in question. Doubtless, COMELEC, October 23, 2003
the Comelec committed grave abuse of discretion in refusing the Alvarez vs. COMELEC,
legitimate demands of the petitioners for a list of the nominees of the 353 SCRA 434 (2001)
party‐list groups subject of their respective petitions. Mandamus, Relampagos vs. Cumba,
therefore, lies.
243 SCRA 690 (1995)
Posted by roni diaz at 9:04 AM Loong vs. COMELEC,
Apr. 14, 1999
Guieb vs. Fontanilla,
No comments:
247 SCRA 348
Aug. 14, 1995
Post a Comment Brillantes vs. COMELEC,
G.R. No. 163193. June 15, 2004.

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C. Registration of Voters
Enter your comment...
Continuing Registration
RA 8189
COMELEC Resolution
No. 2904
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Absentee Voting
RA 9189
  COMELEC Resolution No. 6117
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Cases:

AKBAYAN-YOUTH vs.
COMELEC, 355 SCRA 318
Newer Post Home Older Post Romualdez vs. RTC,
226 SCRA 408
Subscribe to: Post Comments (Atom) Siawan vs. Inopiquez,
358 SCRA 10, May 21, 2001
Mercado vs. Dysangco,
385 SCRA 329, July 30, 2002.
Macalintal vs. COMELEC,
July 10, 2003

Dual Citizens:
Nicolas-Lewis vs. COMELEC, G.R.
No. 162759. August 4, 2006.
Jacot vs. Dal,
Nov 27, 2008

E. Elections and Elective Offices

Types of Elections
Regular Elections (Sections 13 to 51,
Omnibus Election Code)
President, Vice President, Senate,
House of Representatives
Local Governments, Autonomous
Regions,
Barangay Elections
Pimentel vs. HRET, Nov. 29, 2002
A.M. No. 07-4-15-SC. April 24,
2007, RULES OF
PROCEDURE IN ELECTION
CONTESTS BEFORE THE
COURTS INVOLVING
ELECTIVE MUNICIPAL AND

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BARANGAY OFFICIALS

Plebiscite
Buac vs. COMELEC
421 SCRA 92
League of Cities vs. COMELEC,
G.R. No. 176951, November 18, 2008

Recall
Chapter V, Local Government Code
Garcia vs. COMELEC, Oct. 5, 1993

Referendum & Initiative

Local Government Code, Sections
120-127
Constitution
RA 6735
Defensor-Santiago vs. COMELEC,
March 19, 1997
Lambino vs. COMELEC, October
25, 2006

Special Elections
Tolentino vs. COMELEC,
420 SCRA 438
Philippine Bar Association vs.
COMELEC,
140 SCRA 455

Constitutional Assembly
Lozano vs. Nograles, June 16, 2009

F. Candidates and Effects of

Candidacy
Secs. 63 to 78, Omnibus Election
Code

Cases:
Gador vs. COMELEC,
95 SCRA 431
Conquilla vs. COMELEC,
332 SCRA 861
Go vs. COMELEC,
357 SCRA 739
De Guzman vs. Board of
Canvassers,
48 Phil 211

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Villarosa vs. COMELEC,

340 SCRA 396
Sanciangco vs. Roño
137 SCRA 671
PNOC-EDC vs. NLRC,
222 SCRA 831
Romualdez-Marcos vs. COMELEC,
Sept. 18, 1995
Dumpit-Michelena vs. Boado,
Nov. 17, 2005
Salcedo vs. COMELEC, Aug. 16,
1999
Dimaporo vs. Mitra, 202 SCRA 779
(1991)
Quinto vs. COMELEC, December 1,
2009

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roni diaz

Polytechnic University of the Philippines College of Law ishtudent

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