RESOLUTION No. 8679
IN THE MATTER OF THE FAILURE OF PARTY-LIST ORGANIZATIONS
TO COMPLY WITH SECTION 6(8) OF REPUBLIC ACT NO. 7941
(Promulgation: 13 October 2009)
WHEREAS, there are national, regional and sectoral parties or organizations currently registered under the party-list system;
WHEREAS, Section 6, item no. 8 of Republic Act No. 7941, otherwise known as the Party-List System Act, provides:
"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:
x x x x x x x x x
(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.”
WHEREAS, Comelec Resolution No. 2847 promulgated 25 June 1996 entitled: “In Re: Rules and Regulations Governing the Election of the Party-List Representatives through the Party-List System”, which states:
"Sec. 6. Removal and/or Cancellation of Registration. - The Commission 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:
x x x x x x x x x
(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.”
WHEREAS, a party registered for the two (2) preceding elections shall be considered to have failed to obtain at least two per centum (2%) of the votes cast under the party-list system if the latest “Party-List Canvass Reports” for said elections show that the percentage obtained by said party did not reach two per centum (2%) of the votes cast therein. However, this shall not apply if a party, although receiving less than two per centum (2%) of the votes cast under the party-list system in the May 2007 National Elections, was allocated a seat during said election pursuant to the Decision of the Supreme Court in the case of Barangay Association for National Advancement and Transparency (BANAT) vs. Commission on Elections, G.R. No. 179271, and Bayan Muna, A Teacher, and Abono vs. Commission on Elections, G.R. No. 179295, as well as, the Resolutions of the Commission implementing the said Decision.
NOW, THEREFORE, pursuant to the powers granted by the Constitution, the Omnibus Election Code, Republic Act No. 7941 and other election laws, the Commission hereby orders:
1. To DELETE the following party-list from the list of registered national, regional or sectoral parties, organizations or coalitions:
| Participation/Percentage of Votes | |||
| May 10, 2004 Elections | May 14, 2007 Elections | Reasons for Deletion | |
| 1. AGING PINOY | 0.2156 % | 0.10% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 2. AHONBAYAN | 0.5544% | 0.51 % | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 3. AKSA | 1.2204 % | 0.36% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 4. AKAPIN | 0.6762% | 0.48 % | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 5. ASAP | 0.3919% | 0.22% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 6. A SMILE | 1.0481 % | 0.35% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 7. ASSALAM | 0.7307% | 0.72% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 8. BTM | 0.4146% | 0.39% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 9. BAHANDI | 0.4815% | 0.30% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 10. COCOFED | 1.2516% | 0.99% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 11. GRECON | 0.2652% | 0.40% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 12. NELFFI | 0.1036% | 0.37% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 13. PMAP | 1.1291% | 0.47% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 14. SM | 0.0618% | 0.15% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 15. SANLAKAS | 1.4782% | 0.62% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 16. SPI | 0.5097% | 0.32% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 17. SUARA | 1.4597 | 0.73% | Failed to get two percent of the votes cast in 2004 and 2007 election |
| 18. ABANSE! PINAY | Did not participate | 0.82% | Did not participate in the 2004 elections and failed to get two percent of the votes cast in 2007 |
| 19. MIGRANTE | 0.8644% | Did not participate | Failed to get two percent of the votes cast in 2004 and did not participate in the 2007 elections |
| 20. AK | 0.7195 | Did not participate | Failed to get two percent of the votes cast in 2004 and did not participate in the 2007 elections |
| 21. PCDO-ACT0 | 0.2981% | Did not participate | Failed to get two percent of the votes cast in 2004 and did not participate in the 2007 elections |
| 23. PGBI | 1.6900 | Did not participate | Failed to get two percent of the votes cast in 2004 and did not participate in the 2007 elections |
| 24. ANAK MAHIRAP | Did not participate | Did not participate | Did not participate in the 2004 and 2007 elections |
| 25. * ABA | Did not participate | Did not participate | Participated as coalition |
| 26. * AKO | Did not participate | Did not participate | Participated as coalition |
* ABA-AKO coalesced on January 6,2004 and participated as a coalition during 2004 and 2007 Elections
Any national, regional sectoral party or organizations or coalitions adversely affected may personally or through authorized representative file a verified opposition on October 26, 2009 during office hours. The Clerk of the Commission shall assign a docket number which must be consecutive according to the order of receipt and must bear the year and prefixed as SPP (MP).
Let the Education and Information Department publish this resolution immediately in two (2) newspapers of general circulation.
SO ORDERED.
| (Sgd.) JOSE A.R. MELO Chairman | |
| (Sgd.) RENE V. SARMIENTO Commissioner | (Sgd.) NICODEMO T. FERRER Commissioner |
| (Sgd.) LUCENITO N. TAGLE Commissioner | (Sgd.) ARMANDO C. VELASCO Commissioner |
| (Sgd.) ELIAS R. YUSOPH Commissioner | |
