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[G.R. No. 147589.November 13, 2001]

ANG BAGONG BAYANI-OFW LABOR PARTY et al. vs. COMELEC, et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 13 2001.

G.R. No. 147589(Ang Bagong Bayani-OFW Labor Party (under the Acronym OFW), represented herein by its Secretary General, Mohamad Omar Fajardo vs. Commission on Elections et al.)

G.R. No. 147613(Bayan Muna vs. Commission on Elections et al.)

On June 26, 2001, this Court rendered a Decision requiring Respondent Commission on Elections (COMELEC) to conduct summary and evidentiary hearings to evaluate the qualifications of the party-list candidates in the light of the eight-point guidelines prescribed by the Court and to render a Report on its findings.This Decision has now become final and executory.In the meantime, the May 9, 2001 Resolution prohibiting Comelec from proclaiming any winner during the last party-list election remained in force.

Pursuant to the above, Comelec -- after evaluating the various position papers and other submissions of the different party-list participants -- issued a Partial Compliance Report dated July 27, 2001, stating its findings on the qualifications and the disqualifications of twenty-four party-list participants.

Acting on this Partial Report, the Court issued on August 14, 2001, a Resolution partially lifting the TRO dated May 9, 2001 to enable the Comelec to proclaim Bayan Muna as one of the winning party-list groups.The Court issued a similar Resolution on August 24, 2001 lifting the TRO against the proclamation of Akbayan Citizens Action Party (AKBAYAN) and Luzon Farmers Party (BUTIL).Based on the number of votes the three parties obtained and on the computation decreed by the Court in Veterans Federation Party v. Comelec (GR No. 136781, October 6, 2001), Bayan Muna was found by Comelec to be entitled to three seats; AKBAYAN and BUTIL, to one seat each.The nominees of these parties were proclaimed winners, without any objection or opposition from any of the herein parties.

On August 28, 2001, Comelec submitted its Second Partial Compliance Report on the party-list participants not covered in its earlier Report.

On different dates, the affected party-list participants submitted their respective Comments, Oppositions and other pleadings in regard to Comelec's two Compliance Reports.Thereafter, the Office of the Solicitor General (OSG) submitted, on behalf of Comelec, a Consolidated Reply to these submissions.In its Consolidated Reply, the OSG recommended that APEC, CIBAC, BUHAY, and COCOFED be declared to have complied with the guidelines set forth by this Court.In its Comment dated October 18, 2001, the Office of the Solicitor General added NCIA to its recommended list of parties that had qualified in the party-list election per the said guidelines.

According to Comelec's First Compliance Report, these parties garnered the following percentages of the total votes cast:APEC - 5.3654%, CIBAC - 2.1317%, BUHAY - 1.8881%, COCOFED - 1.5318%, and NCIA - 1.4989%.On October 29, 2001, Petitioner Ang Bagong Bayani-OFW (OFW) filed a Rejoinder objecting, among others, to the qualifications of APEC and CIBAC as proper party-list participants.OFW pointed out that Comelec, in its First Compliance Report, had already made exhaustive finding and conclusions disqualifying APEC and CIBAC. Specifically, Comelec found that APEC was merely an arm of PHILRECA (The Philippines Rural Electric Cooperative, Inc.) and that it did not truly represent the marginalized sectors of society, while CIBAC was found to be an arm of the "Jesus is Lord" religious movement.Comelec also found that, from the enumerated objectives of CIBAC, it did not represent the interests of the marginalized and underrepresented.

Meanwhile, Anak Mindano (AMIN) filed on October 18, 2001, a Manifestation with a Motion to Lift Restraining Order.It averred that it had complied with the guidelines set by this Court, pointing out that page 15 of Comelec's First Compliance Report stated that it garnered 2.26 percent of the total votes cast.However, in spite the foregoing, Comelec did not recommend AMIN's proclamation.

Based on the above, Petitioners OFW and Bayan Muna, Respondent Comelec, and the directly-affected parties, namely, APEC, CIBAC and AMIN, are hereby required to file, within twenty (20) days from notice, their respective FINAL POSITION PAPERS on why APEC, CIBAC and/or AMIN should or should not be proclaimed winners in the last party-list elections.Specifically, Comelec is directed to explain the disparity in the votes obtained by AMIN.In its First Compliance Report -- on the page four thereof, AMIN was listed as having obtained only 1.6865 percent of the total votes cast for the party-list system; while on page 15, it was declared to have garnered 2.26 percent.Of the total votes cast in its favor, 1.6865 percent was repeated on page 4 of the Second Compliance Report of Comelec.

The other party-list participants may also file, if they so desire, their respective FINAL POSITION PAPERS on the above matter only, within the same period.

This Court will issue in due course another Resolution on the other parts of the Compliance Report in reference to other party-list candidates.

In the meantime, the May 9, 2001 TRO issued by this Court prohibiting the Comelec from proclaiming any winner in the last party-list election -- except as to Bayan Muna, AKBAYAN and BUTIL -- in full force until further orders.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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