ChanRobles Virtual law Library
PHILIPPINE SUPREME
COURT
DECISIONS
ON-LINE
Sponsored by: The ChanRobles LawNet
Search www.chanrobles.com
.
Republic of the
Philippines
SUPREME COURT
Manila
EN BANC
.
Petitioners,
G.R.
No.
147589
November 20, 2003
COMMISSION ON
ELECTIONS,
ET AL.,
Respondents.
BAYAN MUNA,
Petitioner,
G.R.
No.
147613
November 20, 2003
COMMISSION ON
ELECTIONS,
Respondent.
R E S O L U T I O N
DAVIDE, JR., C.J.:
The remaining issues left for the resolution of the Court are:chan robles virtual law library
It may be recalled that in its Resolution No. NBC-02-001 dated 6 November 2002, the COMELEC found that APEC is entitled to three seats; AKBAYAN, two seats; BUTIL, two seats; CIBAC, two seats; BUHAY, two seats; AMIN, one seat; ABA, one seat; COCOFED, one seat; NCIA, one seat; PM, one seat; and SANLAKAS, one seat.chan robles virtual law library(1) the effect of the proclamation by the Commission on Elections of the additional nominees of APEC, BUTIL, CIBAC and AKBAYAN pursuant to its Order of 22 November 2002, a proclamation this Court declared in its Resolution of 18 February 2003 to be a violation of, inter alia, the Temporary Restraining Order it issued on 9 May 2001; andchan robles virtual law library
(2) whether BUHAY is entitled to one additional seat in the party-list system.chan robles virtual law library
The additional nominees of APEC, BUTIL, CIBAC and AKBAYAN proclaimed by the COMELEC immediately took their oath and assumed office as members of the House of Representatives.chan robles virtual law library
In its Resolution of 25 June 2003, the Court has found that, indeed BUHAY obtained 4.46% of the total number of votes cast for the party-list system, thus:
Table No. 3
In the column additional seats, those for APEC, AKBAYAN, BUTIL, and CIBAC are indicated as n/c, which, as disclosed in the footnote, means as follows:Rank Party-List Votes Percentage Additional
(%) Seats
2 APEC 802,060 12.29 n/c
3 AKBAYAN 377,852 5.79 n/c
4 BUTIL 330,282 5.06 n/c
5 CIBAC 323,810 4.96 n/c
6 BUHAY 290,760 4.46 0.51
7 AMIN 252,051 3.86 0.44
8 ABA 242,199 3.71 0.42
9 COCOFED 229,165 3.51 0.40
10 PM 216,823 3.32 0.38
11 SANLAKAS 151,017 2.31 0.26
12 ABANSE! PINAY 135,211 2.07 0.24
"not computed," since, to repeat, the Court is yet to resolve the validity of the proclamation of the additional nominees of APEC, AKBAYAN, BUTIL, and CIBAC, due to the Motion of BAYAN MUNA to set aside Comelec Resolution No. NBC-02-001 promulgated on November 6, 2003 and the related November 22, 2002 Comelec Order and the November 26, 2002 Comelec Resolution.chan robles virtual law libraryThe fact of the matter, however, is that the percentage for the additional seats for APEC, AKBAYAN, BUTIL and CIBAC is recorded in the table, just as what was done to BUHAY, thus:chan robles virtual law library
Davide, Jr., C.J., Puno, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio Morales, Callejo, Sr., Azcuna and Tinga, JJ., concur.chan robles virtual law libraryIn the Resolution of 8 July 2003, this Court resolved that "the COMELEC may now proclaim those declared elected with one nominee each in the Resolution of 25 June 2003, to wit: BUHAY, AMIN, ABA, COCOFED, PM, SANLAKAS, and ABANSE! PINAY."chan robles virtual law libraryAPEC — 1.40
AKBAYAN — 0.66
BUTIL — 0.58
CIBAC — 0.56It is thus established in the Resolution of 25 June 2003 that, like APEC, BUTIL, CIBAC and AKBAYAN, BUHAY had obtained more than four percent (4%) of the total number of votes validly cast for the party-list system and obtained more than 0.50 for the additional seats. Accordingly, just like the first four whose additional nominees are now holding office as member of the House of Representatives, BUHAY should be declared entitled to one additional seat.chan robles virtual law library
ACCORDINGLY, the Court hereby RESOLVES, pro hac vice:chan robles virtual law library
SO ORDERED.chan robles virtual law library1. To consider closed and terminated the issue regarding the proclamation by the COMELEC of the additional nominees of APEC, BUTIL, CIBAC and AKBAYAN, such nominees having taken their oath and assumed office;chan robles virtual law library2. To DECLARE that BUHAY is entitled to one (1) additional seat in the party-list system in the elections of May 2001; andchan robles virtual law library
3. To ORDER the COMELEC to proclaim BUHAY's second nominee.chan robles virtual law library
Vitug, J., reiterates his separate opinion in the ponencia (main decision).
Panganiban, J., see separate opinion.chan robles virtual law library
Back to Top - Back to Main Index - Back to Table of Contents -2003 SC Decisions - Back to Home
|
|