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[G.R. No. 147589.May 28, 2002]

BAGONG BAYANI-OFW LABOR PARTY, etc. vs. COMELEC

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAY 28 2002.

G.R. No. 147589(Ang Bagong Bayani-OFW Labor Party, etc. vs. COMELEC.) and

G.R. No. 147613(Bayan Muna vs. COMELEC.)

As prayed for and for the reasons therein cited, CIVAC's Motion for Reconsideration dated May 8, 2002 is GRANTED and thus, its Motion for Partial Reconsideration, dated February 12, 2002, is hereby REINSTATED.

Acting on this reinstated Partial Motion for Reconsideration, the Court resolves to DENY it WITH FINALITY, for the simple reasons that (1) the Decision in GR No. 136781, 136786 and 136795, October 6, 2000, entitled Veterans Federation Party v. Comelec (the first party-list case), has long become final and may no longer be modified or changed as prayed for, and (2) the issue raised in the motion, i.e., the correctness of the formula for determining winners in a party-list election, cannot be resolved in the present proceedings, as it was not raised in the basic Petitions.No further pleadings will be entertained on this point.

The Court further Resolved to require petitioners to COMMENT on the following pleadings within ten (10) days from notice, o wit:

(a) Motion for Reconsideration with appeal for Immediate Proclamation, dated 17 April 2002 filed by counsels for respondents Nationalist People's Coalition and Lakas-NUCD-UMDP;

(b) Motion for Reconsideration of the resolution of 10 April 2002, dated 22 April 2002 filed by counsel for movants Veterans Federation Party;

(c) Motion for Reconsideration of the resolution of 10 April 2002 filed by counsel for ABAG Promdi; and

(d) Manifested dated 13 May 2002 filed by counsel for Veterans Federation Party.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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