G.

LEGISLATURE

Philippine Guardians Brotherhood, Inc. (PGBI) v. Commission on Elections

619 SCRA 585 (2010)
Party-List System, Accrediation of party-list organizations

Facts:

Respondent COMELEC en banc issued Resolution No. 8679 deleting several party-list groups or
organizations from the list of registered national, regional or sectoral parties, organizations or coalitions for
the May 2010 elections. Among the party-list organizations affected was PGBI. It was delisted because it
failed to get 2% of the votes casted in 2004 and it did not participate in the 2007 elections.

PGBI asserts that: 1) the assailed resolution negates PGBI’s and those similarly affected right to
invoke under Sec. 4 of R.A. No. 7941, which allows any party already registered with COMELEC to no
longer register anew; though must submit a manifestation of its desire to participate not later than ninety
(90) days before the election- which PGBI complied with since PGBI filed a manifestation seeking a
deferment of its participation in the 2007 elections; 2) The SC’s ruling in the MINERO v. COMELEC case
cannot apply in the instant case for two reasons: (a) the factual milieu of the cited case is removed from
PGBI, averring that Section 6(8) of RA 7941 does not apply to petitioner’s situation, as it only failed to
participate in one (1) but not in the two (2) preceding elections. Furthermore, MINERO, prior to delisting,
was afforded the opportunity to be heard. PGBI contends that were not afforded due process and the
opportunity to be heard; 3) Implementation of the challenged resolution should be suspended and/or
aborted to prevent a miscarriage of justice in view of the failure to notify the parties in accordance with the
same Section 6(8) or R.A. No. 7941.

The COMELEC denied PGBIs motion for lack of merit.

Issue/s:

1.) Whether or not there is legal basis for PGBI’s delisting

2.) Whether or not PGBI’s right to due process was violated

Ruling:

1) NO. According to the Court, the MINERO ruling is an erroneous application of Section 6(8) of
RA 7941. Hence, it cannot sustain PGBI's delisting from the roster of registered national, regional or sectoral
parties, organizations or coalitions under the party-list system.
PGBI, a party-list organization that failed to garner 2% of votes in a prioer election and did not
participate in the next election, is not something covered by Sec. 6(8) of RA 7941, which states that the
COMELEC may remove or cancel the registration of any party who fails to participate in the last 2
preceeding elections OR fails to obtain 2% of the votes. “Or” is a disjunctive term, separate from each other.
Thus, the Court grants the petition and accordingly ANNUL COMELEC Resolution No. 8679

2) NO. On the issue of due process, PGBI and the 25 others delisted were given an opportunity to
be heard and recognized through the filing of their opposition. No right to due process was violated.