The Supreme Court in Dayao v. COMELEC addressed the scope of the Commission on Elections’ (COMELEC) authority regarding party-list accreditation. The Court ruled that the COMELEC has the power to review and cancel the registration of party-list groups to ensure they genuinely represent marginalized sectors, even after initial accreditation. This decision clarified that initial accreditation does not grant perpetual and irrefutable status, emphasizing the COMELEC’s ongoing duty to safeguard the integrity of the party-list system. This ensures that only legitimate representatives of marginalized sectors can participate in the party-list system.

LPGMA and the Party-List System: Can Accreditation Be Revoked?

The consolidated petitions in G.R. Nos. 193643 and 193704 stemmed from a complaint filed by Antonio D. Dayao, Rolando P. Ramirez, Adelio R. Capco, and the Federation of Philippine Industries, Inc. (FPII) against the LPG Marketers Association, Inc. (LPGMA). The petitioners sought the cancellation of LPGMA’s registration as a sectoral organization under the Party-List System of Representation. They argued that LPGMA did not represent a marginalized sector, as its members were primarily LPG marketers and refillers with substantial control over the retail market. The COMELEC dismissed the complaint, prompting the petitioners to elevate the issue to the Supreme Court, questioning whether the COMELEC gravely abused its discretion.

The heart of the legal matter concerned the interpretation of Section 6 of Republic Act (R.A.) No. 7941, or the Party-List System Act, which outlines the grounds and procedure for the cancellation of party-list accreditation. The COMELEC maintained that the grounds cited by the petitioners were not among those enumerated in Section 6 of R.A. No. 7941. They also argued that the complaint was a belated opposition to LPGMA’s petition for registration, which had already been approved.

Sec. 6. Refusal and/or Cancellation of Registration.

The COMELEC may, motu propio or upon verified complaint of any interested party, refuse 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:

The Supreme Court disagreed with the COMELEC’s initial stance, clarifying that an opposition to a petition for registration is not a prerequisite to filing a complaint for cancellation. The Court emphasized that Section 6 of R.A. No. 7941 imposes only two conditions for the COMELEC to validly exercise its power to cancel a party-list group’s registration: due notice and hearing, and the existence of any of the enumerated grounds for disqualification.

The Court highlighted the distinction between the COMELEC’s power to register a party-list group and its power to cancel registration. The power to refuse registration is exercised during the initial application, while the power to cancel is invoked after registration, based on a verified complaint or motu proprio action by the COMELEC. This means that accreditation of a party-list group does not grant a perpetual right, and the COMELEC can review and revoke accreditation if necessary.

The Supreme Court emphasized that the accreditation of a party-list group can never attain perpetual and irrefutable conclusiveness against the granting authority. Just as a corporate franchise can be revoked, the COMELEC has the authority to review and cancel a party-list organization’s accreditation based on its qualifications and adherence to legal requirements. The Court stated that factual findings leading to the grant of accreditation are also subject to review and can be revoked if necessary.

Building on this principle, the Court noted that a complaint for cancellation can be filed based on paragraph 5 of Section 6, which pertains to violations of election laws and regulations. The Supreme Court has interpreted this to include Section 2 of R.A. No. 7941, which declares that marginalized and underrepresented Filipino citizens should become members of the House of Representatives. Therefore, if a party-list organization does not comply with this policy, it may be disqualified.

The Court noted the importance of COMELEC playing its role in ensuring that the party-list system remains true to its constitutional and statutory goals. The COMELEC must see to it that those who are marginalized and underrepresented can become veritable lawmakers. To effectively discharge this role, R.A. No. 7941 grants the COMELEC the power not only to register party-list groups but also to review and cancel their registration.

Despite the Court’s finding that the COMELEC had committed grave abuse of discretion in dismissing the complaint for cancellation, it ultimately dismissed the consolidated petitions due to superseding incidents. The COMELEC, in Resolution No. 9513, subjected all existing and registered party-list groups, including LPGMA, to summary evidentiary hearings to assess their continued compliance with R.A. No. 7941 and relevant guidelines. After this review, the COMELEC, in its Resolution dated December 13, 2012, retained LPGMA on the list of compliant party-list groups.

Given that the COMELEC had already determined that LPGMA met the qualifications imposed by law, the Court deemed it unnecessary to remand the complaint for further proceedings. This decision underscored the COMELEC’s authority to oversee the party-list system and ensure compliance with the law, but it also recognized the COMELEC’s subsequent actions in affirming LPGMA’s qualifications.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC committed grave abuse of discretion in dismissing the complaint for cancellation of LPGMA’s party-list accreditation. The Supreme Court also clarified the COMELEC’s authority to review and cancel party-list registrations to ensure compliance with the law.
What is Section 6 of R.A. No. 7941?	Section 6 of R.A. No. 7941, also known as the Party-List System Act, outlines the grounds and procedures for the cancellation of a party-list group’s registration. These grounds include being a religious sect, advocating violence, receiving foreign support, violating election laws, or making untruthful statements in the petition.
Does initial accreditation guarantee permanent status?	No, initial accreditation does not guarantee permanent status. The COMELEC has the authority to review and cancel the registration of a party-list group if it fails to comply with legal requirements or no longer represents a marginalized sector.
What is the difference between refusal and cancellation of registration?	Refusal of registration occurs during the initial application process when an organization seeks admission into the party-list system. Cancellation, on the other hand, takes place after registration when the COMELEC conducts an inquiry to determine if a registered party-list organization still meets the qualifications imposed by law.
Why did the Supreme Court dismiss the consolidated petitions?	Although the Court found that the COMELEC had committed grave abuse of discretion in dismissing the complaint, it ultimately dismissed the petitions. This was because the COMELEC had already conducted summary evidentiary hearings and determined that LPGMA met the qualifications imposed by law.
What is the significance of COMELEC Resolution No. 9513?	COMELEC Resolution No. 9513 subjected all existing and registered party-list groups to summary evidentiary hearings to assess their continued compliance with R.A. No. 7941 and relevant guidelines. This resolution played a key role in the Court’s decision to dismiss the petitions.
Can a complaint for cancellation be filed even without prior opposition?	Yes, the Supreme Court clarified that an opposition to a petition for registration is not a prerequisite to filing a complaint for cancellation. The Court emphasized that Section 6 of R.A. No. 7941 imposes only two conditions for the COMELEC to validly exercise its power to cancel a party-list group’s registration.
How does this ruling affect party-list organizations?	This ruling reinforces the need for party-list organizations to continuously demonstrate that they genuinely represent marginalized sectors. It also underscores the COMELEC’s authority to review and cancel registrations to ensure compliance with the law.

In conclusion, the Supreme Court’s decision in Dayao v. COMELEC clarifies the COMELEC’s authority to oversee the party-list system and ensure that it remains true to its constitutional and statutory goals. The ruling underscores the importance of continuous compliance and genuine representation of marginalized sectors, setting a precedent for future cases involving party-list accreditation and cancellation.

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: Antonio D. Dayao, et al. vs. COMELEC and LPG Marketers Association, Inc., G.R. No. 193643, January 29, 2013