3aepublir of tbe

QCourt
ENBANC

NOTICE
Sirs/Mesdames:
Please take notice that the Court en bane issued a Resolution dated JUNE 5, 2013, which reads as follows:

"G.R. Nos. 206844-45 (Coalition of Associations of Senior Citizens in the Philippines, Inc. [Senior Citizens Party-List/, represented herein by its Chairperson & lsr Nominee, Francisco G. Datol, Jr. vs. Commission on Elections) and G.R. No. 206982 (Coalition of Associations of Senior Citizens in the Philippines, Inc. [Senior Citizens/, represented by its President and Incumbent Representative in the House of Representatives, Atty. Godofredo V. Arquiza vs. Commission on Elections). - WHEREAS, on May 29, 2013, the Chief Justice issued a Temporary Restraining Order (TRO) in these cases (a) ordering the consolidation of above-captioned cases; (b) directing the respondent COMELEC to comment on the petitions and the supplemental petition within a non-extendible period of ten ( 10) days from notice; and (c) ordering the COMELEC, its agents, representatives, or persons acting in its place or stead to cease and desist from further proclaiming winners from among the party-list candidates;
WHEREAS, in the interim, petitioner in G.R. Nos. 206844-45 filed a Most Urgent Motion for Issuance of an Order Directing Respondent to Proclaim Petitioner Pendente Lite dated June 3, 2013; WHEREAS, on June 4, 2013, the TRO dated May 29, 2013 was submitted to the Court En Bane for confirmation; After due deliberation, the Court En Bane resolved as follows: (a) The COMELEC, its agents, representatives, and/or persons acting in its place or stead are directed to refrain from implementing the assailed COMELEC Omnibus Resolution promulgated on May I 0, 2013 in SPP No. 12-157 (PLM) and SPP No. 12-191 (PLM), insofar as the COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. is concerned and to observe the status quo ante before the issuance of the assailed COMELEC Resolution;

ft-

Notice of Resolution

-2-

G.R. Nos. 206844-45 & G.R. No. 206982 June 5, 2013

(b) The COMELEC shall reserve the seat(s) intended for petitioner COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. according to the votes it garnered in the May 13, 2013 elections; however, the proclamation insofar as petitioner is concerned shall be held in abeyance until the present petitions are decided by this Court; and (c) Acting on the Most Urgent Motion for Issuance of an Order Directing Respondent to Proclaim Petitioner Pendente Lite, the same is denied for lack of merit. Previous orders, resolutions or issuances of the Court in these consolidated cases are superseded only insofar as they may be inconsistent with the present resolution." Carpio, J., on official leave. Velasco, Jr., J., no part. (adv4) Very truly yours,

(with Separate Concurring Opinion ofAssociate Justice Arturo D. Brion)

Notice ofResolution

-3-

G.R. Nos. 206844-45 & G.R. No. 206982 June5,2013

Atty. ROMEO C. MANALO (x) Counsel for Petitioner/206844-45 S-307 The One Executive Office Building No.5 West Avenue Quezon City Atty. HERNAN G. NICDAO (x) Counsel for Petitioner/206982 Nicdao Law Office 401 West Trade Center 132 West Avenue Quezon City PUBLIC INFORMATION OFFICE (x) Supreme Court

COMMISSION ON ELECTIONS (x) Palacio del Gobernador Building Gen. Luna St. cor. Andres Soriano, Jr. Ave. Intramuros,,Manila The SOLICITOR GENERAL ( >t) 134 Amorsolo St., Legaspi Village Makati City

G.R. Nos. 206844-45- Coalition of Associations of Senkn Citizens in the 1 ) hilippiues, lnc. (Senior Citizt'us Party-List), represented herein by its Cb:1irperson and ist Nominee, Framisco G. D!.ttol, Jr. v. Commission on Elections. G.R. No. 206982 - Coalition of Associations of Citizens in the Philippines, Iuc. {Seujor Cirizcns)) reprcsentPC1 hy its President and Jucumhcnt Rt>prescntative iu the House of Representatives, Atty. Godofredo V. Arquiza l'. Commission on G.H. Ntt. 206952 - Ahang Lingkod Part)'-List (Abang Linglwd) v. Comm;ssioa.

G.R. No. 2069B7 - Alliance for Ctm mission on Elections.

and Democracy (ANAlJ) v.

G.R. No. 20o9RH - Binhi-Partido ng mga Magsasaka para sa mga J\lagsasak<-l 1'. Commission on (COMELEC) En Bane.

Promnlg:Jtcci:
JUNE

SEPARATE CONCURRING OJ>INfON .BRION, J.:

1 write this Separate Opinion with the express permission of the Court en bane after our deliberations on the injunctive 1elicf that the Court should grant in relation with the pending petitions addressing the disqualification that the Commission on Elections ( COlv!f!LEC) against petitioners Senior Citizens: A bang Lingkod: 4nad C1rtd Bflzhi pa11y-lists. [ hold the v1ew that the Court should uniformly issue a STATUS QUO ANTE ORDER (SQAO) to bring back these petitioners to the situation obtaining before the CO!v1ELEC its assailed disqualifying these netitioncrs. T....iustirv . this viev-,r )11 the reasoning -- otnlinPci below:
.._

1. manner of cietcnn1ning and counting winning party-list candidates is a matter we have def1nitivcly established ir.. the case of

Baranga_v Assnciufion for National Adva,F:ement and Transparency

Sep:1r;He Connming Opinior:.

U.R. i"JL'S. ( I.R. Nos. 2069:'-2.

& G.R. No. 206'JR2 & 20G9SX

(DANA T) v. Commission on ElecTions. This determination requires the identification of tbe qualitied [X1rty-llst groups participating in the elections anct the aggregation of tlleit- t')t;:;l votes 1.:0 sene as the common denomir:ator in determining the percentage of the vntes ob1ained by each party-list group.
2. A situation there are still pending disCJualification cases before the COIVfELEC or before this Court signitics that the party-list gronps involved have not effectively and finally been disqualified - the situation before the COMELEC issued its assuilcd disqualification rulings. J'v1ore impmi.8ntly, the situ at ion me:ms that: at this point, all the winning party-list candidates have not been identified and the total nHmber of votes eRst for all qualified pa11iciprrting patiy-list groups is not yet avsilnble. \Vitbout this total number, the COJ\!IELEC has not definitively established who the wim1ing party-list groups are, as all parUcipating pa1iies are affected by the total nurnber of votes cast for all participating and qualified party-list groups -the common denominator the law requires to be uscJ. I SC1)' this \Vith due recognition 1h8t the cor.,JELEC, in the exercise of its constitutional dULies and prerogatives, has the discretion to procl8i 111 party-list groups that- from its preliminary computations- appear to have passed the two percent (2%) threshold and those who have earned for themselves additional seats up to a maximum of three (3). The COl\JFLEC undertakes its proclamations however, without the element of finality since the tallies on which the proclam8tions are based are not yet final. The proclaimed party-list groups should be aware of the tentative nature of tbcir proclamations since these may be affected by the final tally based on the final comrnon denominator to be used. Thus, based on our tina] rulings on the disqualification cases 3. before us and on whether these paliy-1ist groups shall qualifY or not, the votes for these party-llst groups should be included or excluded in the reckoning of the final common denominator required to be used. From the perspective of the SQAO or TRO prayed tor, even if no issuance is made in any of these c::1ses, a final mling that these party-list groups qualify means that their votes shall be included in the tally with the potential effect of affecting the percentages of all other party-list groups, even of those who have alre8dy heen proclaimed. The qualified petitioners may also be declared entitled to seats ifthejr votes and percentages so vvarrant.

G.R. Nn. 179295, April 21, 2009, 5RG SCRA 21 i.

Concurring Opinion

c;.R. No.;. 706844-45 & Cl.R. No. 206982 1'\ls. 206')'i2, 206987 & 206CjgS

] n this light and to send a signal to CO}.!fELEC of the Court's thinking on the matter, pm-riculm-ly on how zealous \\'e sb(lll be in following the tenns of I tind it more prudent to issue an SQAO in all the pending cases before us and to direct the that proper reservation of seats shoutcl be n18de 1n the meanwhile tor the petitior,ing pmty-list grmqrs, pending final tolly ofthe tot3l votes cast for all participating qualified partylist groups. With these said, 1be COMELEC shol!ld now properly be on of the consequences of our prelin1inary action on these cases.

AHTlTRO n. llRION Associate Justice

1\epublic of tbe QI:ourt JM.anila

ENBANC
COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. [SENIOR CITIZENS PARTY-LIST], represented herein by its Chairperson & I st Nominee, FRANCISCO G. DA TOL, JR. Petitioner, -versusCOMMISSION ON ELECTIONS, Respondent. X------------- ---------X COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. [SENIOR CITIZENS], represented by its President and Incumbent Representative in the House of Representatives, A TTY. GODOFREDO V. ARQUIZA , Petitioner, -versusCOMMISSION ON ELECTIONS, Respondent.

G.R. Nos. 206844-45

G.R. No. 206982

STATUS QUO ANTE ORDER

X- - - - - - - - - - - - - - - - - - - - - - X
TO: COMMISSION ON ELECTIONS (x) Intramuros, Manila

Status Quo Ante Order

G.R. Nos. 206844-45 & G.R. No. 206982 June 5, 2013

GREETINGS:

WHEREAS, the Supreme Court, on June 5, resolution in the above-entitled case, to wit:

2013,

adopted a

G.R. Nos. 206844-45 (Coalition of Associations of Senior Citizens in the Philippines, Inc. [Senior Citizens PartyList], represented herein by its Chairperson & 1sT Nominee, Francisco G. Datol, Jr. vs. Commission on Elections) and G.R. No. 206982 (Coalition of Associations of Senior Citizens in the Philippines, Inc. [Senior Citizens], represented by its President and Incumbent Representative in the House of Representatives, Atry. Godofredo V. Arquiza vs. Commission on Elections). - WHEREAS, on May 29, 2013, the Chief Justice issued a Temporary Restraining Order (TRO) in these cases (a) ordering the consolidation of above-captioned cases; (b) directing the respondent COMELEC to comment on the petitions and the supplemental petition within a non-extendible period of ten ( 10) days from notice; and (c) ordering the COMELEC, its agents, representatives, or persons acting in its place or stead to cease and desist from further proclaiming winners from among the party-list candidates;
WHEREAS, in the interim, petitioner in G.R. Nos. 206844-45 filed a Most Urgent Motion for Issuance of an Order Directing Respondent to Proclaim Petitioner Pendente Lite dated June 3, 2013; WHEREAS, on June 4, 2013, the TRO dated May 29, 2013 was submitted to the Court En Bane for confirmation; After due deliberation, the Court En Bane resolved as follows: (a) The COMELEC, its agents, representatives, and/or persons acting in its place or stead are directed to refrain from implementing. the assailed COMELEC Omnibus Resolution promulgated on May 10, 2013 in SPP No. 12157 (PLM) and SPP No. 12-191 (PLM), insofar as the COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. is concerned and to observe the status quo ante before the issuance of the assailed COMELEC Resolution; (b) The COMELEC shall reserve the seat(s) intended for petitioner COALITION OF ASSOCIATIONS OF

Status Quo Ante Order

G.R. Nos. 206844-45 & G.R. No. 206982 June 5, 2013

SENIOR CITIZENS IN THE PHILIPPINES, INC. according to the votes it garnered in the May 13, 2013 elections; however, the proclamation insofar as petitioner is concerned shall be held in abeyance unti I the present petitions are decided by this Court; and (c) Acting on the Most Urgent Motion for Issuance of an Order Directing Respondent to Proclaim Petitioner Pendente Lite, the same is denied for lack of merit. Previous orders, resolutions or issuances of the Court in these consolidated cases are superseded only insofar as they may be inconsistent with the present resolution. Carpio, J., on official leave. Velasco, Jr., J., no part. (adv4) NOW, THEREFORE, effective immediately and continuing until further orders from this Court, You, COMMISSION ON ELECTIONS, your agents, representatives, or persons acting in your place or stead, are hereby directed to refrain from implementing the assailed COMELEC Omnibus Resolution promulgated on May 10, 2013 in SPP No. 12-157 (PLM) and SPP No. 12-191 (PLM) insofar as the COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. is concerned and to observe the status quo ante before the issuance of the assailed COMELEC Resolution. Furthermore, you shall reserve the seat(s) intended for petitioner COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. according to the votes it garnered in the May 13, 2013 elections; however, the proclamation insofar as petitioner is concerned shall be held in abeyance until the present petitions are decided by this Court. GIVEN by the Supreme Court of the Philippines, this
2013.
5th

day of June

COPY FURNISHED: Atty. ROMEO C. MANALO (x) Counsel for Petitioner/206844-45 S-307 The One Executive Office Building No.5 West Avenue Quezon City The SOLICITOR GENERAL Cf) 134 Amorsolo St., Legaspi Village Makati City

Status Quo Ante Order

G.R. Nos. 206844-45 & G.R. No. 206982 June 5, 2013

Atty. HERNAN G. NICDAO (x) Counsel for Petitioner/206982 Nicdao Law Office 401 West Trade Center 132 West Avenue. Quezon City PUBLIC INFORMATION OFFICE (x) Supreme Court

'