In Philippine Guardians Brotherhood, Inc. v. Commission on Elections, the Supreme Court addressed the delisting of a party-list organization and clarified the interpretation of Section 6(8) of the Party-List System Act (RA 7941). The Court ruled that the Commission on Elections (COMELEC) erred in delisting the Philippine Guardians Brotherhood, Inc. (PGBI) from the roster of registered party-list organizations. This decision underscores the importance of adhering to the plain language and legislative intent of the law, ensuring that party-list organizations are not unjustly removed from the electoral process and that the right to due process is upheld.

When Absence Isn’t Always Fatal: Reassessing Party-List Participation and Representation

The case of the Philippine Guardians Brotherhood, Inc. (PGBI) arose after the COMELEC issued Resolution No. 8679, which delisted PGBI from the roster of registered national, regional, or sectoral parties under the party-list system. The COMELEC based its decision on PGBI’s failure to secure at least two percent of the votes cast in the 2004 elections and its non-participation in the 2007 elections. This action prompted PGBI to file a petition for certiorari, arguing that the COMELEC’s resolution was contrary to law and violated its right to due process. The central legal question before the Supreme Court was whether the COMELEC’s delisting of PGBI was legally justified under Section 6(8) of RA 7941 and whether PGBI’s right to due process was violated.

The Supreme Court, in its resolution, addressed the COMELEC’s reliance on the Minero ruling, which had previously upheld the delisting of a party-list organization based on a similar interpretation of Section 6(8) of RA 7941. The Court found the Minero ruling to be an erroneous application of the law. According to the court, Section 6(8) provides two separate and distinct grounds for delisting a party-list organization. These grounds are: (a) failure to participate in the last two preceding elections; or (b) failure to obtain at least two percent of the votes cast under the party-list system in the two preceding elections. The use of the word “or” indicates that these are disjunctive, independent grounds, and the failure to meet one does not automatically imply the failure to meet the other.

To fully understand the court’s decision, it’s important to look at the specific wording of the law. Section 6 of Republic Act No. 7941 states:

Section 6. Removal and/or Cancellation of Registration. – The COMELEC may motu proprio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds: (8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

The Court emphasized that the Minero ruling contradicted the legislative intent behind Section 6(8) of RA 7941. The legislative deliberations clearly indicated that the two grounds for delisting were intended to be separate and distinct. By conflating the two grounds, the Minero ruling created a strained interpretation of the law, which the Court deemed a grave abuse of discretion.

Building on this clarification, the Court also addressed the impact of its ruling in Barangay Association for Advancement and National Transparency v. COMELEC (Banat) on the interpretation of the two percent vote requirement. In Banat, the Court partly invalidated the two percent threshold for the allocation of additional seats in the party-list system. This means that party-list organizations garnering less than two percent of the votes could still qualify for a seat in the allocation of additional seats.

The Court clarified that the disqualification for failure to get two percent of the party-list votes in two preceding elections should be understood in light of the Banat ruling. The application of this disqualification should be contingent on the percentage of party-list votes garnered by the last party-list organization that qualified for a seat in the House of Representatives. In other words, the disqualification applies to party-list groups that did not qualify for a seat in the two preceding elections.

The Supreme Court acknowledged the doctrine of stare decisis et non quieta movere, which generally requires courts to adhere to precedents. However, the Court recognized that this doctrine is not absolute. When circumstances in a particular case override the benefits derived from stare decisis, the Court is justified in setting it aside. In this case, the Court found that the Minero ruling was an erroneous application of the law and that allowing it to stand would prejudice PGBI. Therefore, the Court abandoned the Minero ruling.

Regarding the issue of due process, the Court agreed with the COMELEC that PGBI’s right to due process was not violated. PGBI was given the opportunity to seek reconsideration of Resolution No. 8679, which it did. The essence of due process is the opportunity to be heard, which includes the opportunity to explain one’s side or seek reconsideration of the action complained of. Since PGBI was afforded this opportunity, there was no denial of due process.

In summary, the Supreme Court granted the petition, annulling COMELEC Resolution No. 8679 and the resolution denying PGBI’s motion for reconsideration. The Court emphasized that Section 6(8) of RA 7941 provides for two separate grounds for delisting, which cannot be mixed or combined. Additionally, the disqualification for failure to garner two percent of party-list votes should be understood in light of the Banat ruling, meaning a failure to qualify for a party-list seat in two preceding elections.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC erred in delisting PGBI from the roster of registered party-list organizations based on Section 6(8) of RA 7941, and whether PGBI’s right to due process was violated. The court ultimately found that the COMELEC’s action was based on an incorrect application of the law.
What does Section 6(8) of RA 7941 state?	Section 6(8) allows the COMELEC to remove or cancel the registration of a party-list organization if it fails to participate in the last two preceding elections, or fails to obtain at least two percent of the votes cast under the party-list system in the two preceding elections. The Supreme Court clarified that these are two separate grounds for delisting.
How did the Banat ruling affect the interpretation of Section 6(8) of RA 7941?	The Banat ruling partly invalidated the two percent threshold for the allocation of additional seats. As a result, the disqualification for failure to get two percent of the party-list votes now means a failure to qualify for a party-list seat in two preceding elections.
What was the Minero ruling and why did the Supreme Court abandon it?	The Minero ruling upheld the delisting of a party-list organization based on a similar interpretation of Section 6(8) of RA 7941. The Supreme Court abandoned it because it found the ruling to be an erroneous application of the law that contradicted legislative intent.
Was PGBI denied due process?	No, the Supreme Court found that PGBI was not denied due process because it was given the opportunity to seek reconsideration of the COMELEC’s resolution, which it did. The essence of due process is the opportunity to be heard.
What is the significance of the word “or” in Section 6(8) of RA 7941?	The word “or” indicates that the two grounds for delisting are disjunctive and independent. The failure to meet one ground does not automatically imply the failure to meet the other.
What is stare decisis and why was it not followed in this case?	Stare decisis is the doctrine that courts should adhere to precedents. It was not followed in this case because the Supreme Court found that the Minero ruling was an erroneous application of the law, and allowing it to stand would prejudice PGBI.
What was the final outcome of the case?	The Supreme Court granted PGBI’s petition, annulling the COMELEC’s resolutions that had delisted PGBI. PGBI was deemed qualified to be voted upon as a party-list group in the coming elections.

This ruling reinforces the importance of adhering to the clear language and legislative intent of the law when interpreting electoral regulations. It ensures that party-list organizations are not unjustly disenfranchised and that their right to due process is protected. The Supreme Court’s decision serves as a reminder to electoral bodies to carefully consider the implications of their actions and to uphold the principles of fairness and justice in the electoral process.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PHILIPPINE GUARDIANS BROTHERHOOD, INC. (PGBI) VS. COMMISSION ON ELECTIONS, G.R. No. 190529, April 29, 2010