Comelec en banc upholds ruling canceling Duterte Youth’s registration

Duterte Youth party-list chairperson Ronald Cardema —INQUIRER.net file photo

ZAMBOANGA CITY — The Commission on Elections (Comelec) en banc has upheld the ruling canceling the registration of the Duterte Youth party-list.

In a resolution dated Friday, the Comelec en banc, voting 5-1-1, dismissed the motion for reconsideration filed by the party-list last June 23. The en banc emphasized that the appeal failed to raise substantial evidence in seeking to reverse the ruling of the Comelec Second Division.

“WHEREFORE, premises considered, the Commission (En banc) RESOLVED, as it hereby RESOLVES to DENY the Motion for Reconsideration. The Assailed Resolution is hereby AFFIRMED,” the 10-page resolution reads.

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

Last June 18, the Comelec Second Division cancelled the party-list’s registration based on a 2019 petition filed by youth leaders seeking to nullify its registration status due to lack of publication and hearing of party-list’s accreditation, which are mandated both by the Constitution and the poll body.

In its motion for reconsideration, the party-list argued that the evidence justifying Comelec Second Division’s decision is “insufficient” and that the second division “erred in declaring its registration void ab initio for failure to comply with the publication and hearing requirements.”

The respondent added that the publication of petition for registration in at least two newspapers of general circulation rests upon the Comelec, emphasizing that if the poll body issued the order to publish, it would comply with.

Meanwhile, the Comelec en banc said that the party-list “did not present any documentary and testimonial evidence to substantiate their allegations,” adding that the arguments raised in the appeal were already discussed and resolved by the second division.

The en banc reiterated the second division’s remark that the duty of publishing required documents for registration lies within the party-list, pointing out that the absence of a directive does not constitute the party-list’s non-compliance with the requirements.

Aside from this, the en banc said that the withdrawal and substitution of party-list’s nominees on May 12, 2019 “undermine the spirit and intent of the party-list system and put a mockery in the election processes, ultimately violating laws, rules, and regulations relating to elections.”

It also reaffirmed the second division’s other grounds of cancelling the party-list’s registration such as:

• Untruthful statements in its petition, particularly on the eligibility of its nominees
• No bona fide intention to represent the sector for which the petition has been filed and thus, preventing a faithful determination of the true will of the electorate
• It has advocated for violence or unlawful means to achieve its goal
• It was established that it is an adjunct or an entity funded or assisted by the National Youth Commission

Lastly, the en banc said that the second division “thoroughly discussed and substantiated the specific violations committed by Respondent-Movant, which clearly constitute grounds for cancellation of registration.”

However, Comelec Chairperson George Erwin Garcia told reporters on Friday that the Comelec en banc’s decision is not yet final and executory as it can still be appealed before the Supreme Court.

“That’s why the Comelec will not yet implement the decision. We have a period of finality and we will wait on what will happen in the Supreme Court,” Garcia said on the sidelines of the briefing for the Bangsamoro parliamentary elections in Zamboanga City.

Garcia also said that the poll body will have to wait for the decision to become final and executory, and if there is any action from the Supreme Court before it acts on the vacant seats of the party-list.

“Who should be proclaimed by the commission? And for this, we will need not only the law department but also the supervisory group of the NBOC [National Board of Canvassers]. After that, the Comelec en banc, acting as the NBOC, will have to make a decision on who we will proclaim to fill the three seats that will be vacated by the said party-list,” Garcia noted.

Meanwhile, when asked why the Comelec en banc took over two months to decide on the case, Garcia pointed out the complexity of issues raised in the case and the composition of the en banc.

“There were those who retired and made their decision. That will be up for reconsultation, and after that, there was re-signing and there were those who retired, so there needs to be a new procedure,” Garcia added.

Commissioners Noli Pipo and Maria Norina Tangaro-Casingal were appointed in February, replacing Commissioners Socorro Inting and Marlon Casquejo who retired in the same month.

Pipo, Tangaro-Casingal, and Commissioners Ernesto Ferdinand Maceda Jr., Nelson Celis, and Aimee Ferolino voted to uphold the second division’s ruling.

Commissioner Rey Bulay, who voted to dismiss the petition to cancel the registration in the second division level, maintained his vote at the en banc level.

Meanwhile, Garcia shared that he inhibited from the decision due to his past ties with the party-list.

What the Duterte Youth says

The Duterte Youth party-list called Comelec en banc’s decision as “unconstitutional,” noting that it will appeal the decision before the Supreme Court.

“We will file a Petition for Review in the Supreme Court on Monday (Sept 1) to challenge this Act of Comelec which is clearly very UNCONSTITUTIONAL and a GRAVE ABUSE OF DISCRETION,” the statement, penned by its chairperson Ronald Cardema, said.

The party-list then thanked Bulay “for siding with the Law and declaring that Duterte Youth Party-List has no violation under the law.” Meanwhile, it questioned the decision of the five commissioners, reiterating that the poll body must publish its petition for registration.

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

“To other Comelec Commissioners, we encountered for the first time those who can make the winners lose, and the losers win,” it added.

The Comelec Second Division cancelled the party-list’s registration based on a 2019 petition filed by youth leaders seeking to nullify its registration status due to the lack of publication and hearing of the party-list’s accreditation, which the Comelec requires.

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

The party-list ranked second in the party-list race of the 2025 midterm elections, garnering a total of 2,338,564 votes. However, its proclamation was suspended due to its pending cases before the poll body.

Garcia previously said that the party-list can’t assume office unless there is a decision to lift the order suspending its proclamation. /apl /das