Party-lists must publish accreditation petitions, not Comelec – Garcia

Commission on Elections chief George Garcia (Photo by MARIANNE BERMUDEZ)

MANILA, Philippines — Party-lists are required to publish in newspapers of general circulation copies of their petitions for accreditation.

This is the response of Comelec Chairman George Erwin Garcia on Tuesday on the argument of the Duterte Youth party-list that the Commission on Elections (Comelec) is responsible for publishing these petitions that were submitted to the poll body.

“As our general rule, once a party-list files a petition for accreditation, the first order is that the party-list organization will receive the order to publish in newspapers of general circulation its petition, including the order to publish said petition,” Garcia told reporters in an interview.

The motion for reconsideration filed by the Duterte Youth Party-list said that the “COMELEC Second Division gravely erred in ruling that the registration of Duterte Youth is void ab initio for failure to comply with the requirements of publication and hearing under Sec. 5 of RA [Republic Act] No. 7941 and Sec. 9, Rule 1 of COMELEC Resolution No. 9366.”

The RA 7941 or the Party-list System Act states that the Comelec “shall publish the petition in at least two (2) national newspapers of general circulation.”

Based on this provision, Garcia explained, “Section 5 means that the Comelec requires the petitioner to cause the publication.”

READ: Comelec 2nd Division cancels Duterte Youth party-list’s registration

The Comelec Second Division last Wednesday ruled to cancel the party-list’s registration.

The decision stemmed from a 2019 case filed by youth leaders seeking to nullify the group’s registration status due to the lack of publication of its petition and absence of a hearing on the party-list’s accreditation.

However, the decision is not yet final as Garcia noted that the motion for reconsideration will be elevated to the Comelec en banc on Wednesday.

He also mentioned that he will inhibit from the en banc’s deliberation on the case as he served as the party-list’s lawyer for a short period of time in the past.

Garcia also said the second rule of publication is the submission of a manifestation to participate in the elections once the party-list is already accredited by the poll body.

He also said that the Comelec’s Education and Information Department (EID) publishes the accomplished manifestation of party-lists.

“If you are just going to seek accreditation, it is mandatory, without exception to the rule, for the party-list to make the publication because this is where the Comelec will have jurisdiction,” Garcia said.

The party-list also noted that the Comelec en banc signed and issued in March 2019 Resolution No. 10506 that contained the Certified List of Candidates for the Party-list System of Representation for the May 13, 2019 elections.

As the resolution contained the party-list and its representatives, the group argued that it “submits that this constitutes substantial compliance by the honorable Commission in its duty to publish [the] respondent’s petition in at least two (2) newspapers of general circulation, as an approved, accredited, and duly registered party-list under the COMELEC.”

Comelec’s jurisdiction

Garcia said the poll body still has jurisdiction over the case of the party-lists as they have not completed the three prerequisites to become members of the House of Representatives.

These prerequisites are the proclamation, oath taking and assumption of office.

He earlier cited a Supreme Court’s ruling which stated that the Comelec will only lose jurisdiction over the case if all of the three prerequisites are done.

READ: Comelec: Duterte Youth can’t assume office without lift order by June 30

The proclamation of the Duterte Youth as one of the winners in the 2025 midterm elections was suspended due to its pending cases before the poll body.

“There is no proclamation, oath-taking and assumption to office by June 30 yet. That’s why the Comelec still has its jurisdiction over this case,” Garcia pointed out.

He also maintained that the party-list can’t assume office on June 30 unless there is a new order to lift its directive that suspended the proclamation. /apl