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[G.R. Nos. 147589/147613.August 14, 2001]

BAGONG BAYANI-OFW LABOR PARTY, etc. et al. vs. COMELEC, et al. / BAYAN MUNA vs. COMELEC et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 14 2001.

G.R Nos. 147589/147613(Ang Bagong Bayani-OFW Labor Party, Etc., et al. vs. Commission on Election, et al./ Bayan Muna vs. Commission on Election, et al.)

The Court NOTES the separate Comments on the COMELEC'S Partial Compliance Report by the Association of Philippine Electric Cooperatives (APEC), Veteran's Federation Party (VFP), Nationalist People's Coalition (NPC), True Marcos Loyalists Association of the Philippines (MARCOS LOYALISTS), Mamamayan Ayaw sa Droga Foundation (MAD), Bagong Bayani Organization, Ang Bagong Bayani-OFW Labor Party (OFW), Buhay Hayaang Yumabong (BUHAY). Chamber of Real Estate and Builders' Association (CREBA), the Philippine Coconut Producers Federation (COCOFED), and Lakas NUCD-UMDP; and hereby REQUIRES the Commission on Elections to file within ten (10) days from notice a Consolidated Reply thereon. The Court also NOTES the Urgent Motion and Manifestation dated 7 August 2001 of the Laban ng Demokratikong Pilipino (LDP); TREATS it as a Comment in said Compliance; and hereby REQUIRES the Commission to include it in the submission of its Consolidated Reply, which shall indicate the COMELEC's position in regard to the parties' prayer to be declared winners in the last party-list election.

The COMELEC is further REQUIRED to Reply separately within the same period to the Comment filed by Akbayan Citizens Action Party (AKBAYAN) and to the "Statement of Position" filed by Luzon Farmers Party (BUTIL), specifically their prayers for proclamation grounded on the fact that the have been found qualified in the Partial Compliance Report.

Finally, acting on the COMELEC's Comment (on the "Urgent Motion to Compel" of Bayan Muna dated July 25, 2001), the Court after due deliberation, hereby partially lifts the Temporary Restraining Order it issued on May 9, 2001 to enable the Commission to proclaim, as prayed for, Bayan Muna as winner in the last party-list election, with the caveat that all proclamations should be made in accordance not only with the Decision of the Court in the instant case but also with Veterans Federation v. COMELEC, G.R. Nos. 136781, 136786 and 136795, October 6, 2000 on how to determine and compute the winning parties and nominees in the party-list elections. The said TRO shall, otherwise, remain in full force and effect until further orders.

Very truly yours,

LUZMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D.VILLARAMA

Asst. Clerk of Court

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