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THE
Alliance of Civil Servants (ACS) on Wednesday asked the
Supreme Court to postpone the election for party-list
representatives owing to the “unlawful” denial of its
petition for registration under the party-list system.
In a
35-page petition, the ACS, a group claiming to represent
the 1.5 million government employees, said the
Commission on Elections’ decision disqualifying the
group as well as several other organizations from
participating in the partylist elections has
disfranchised million of voters, particularly its
constituents.
In a
resolution issued on March 2007, the Comelec denied the
registration of ACS as on the ground that it failed to
prove its existence or presence nationwide.
The
group countered that presence or existence nationwide is
not among the guidelines enumerated by the Supreme Court
in its decision in the case of Ang Bagong Bayani-OFW
Labor Party v. Comelec.
The ACS
admitted that under Republic Act 7941 or the party-list
law, the Comelec is allowed to ask applicants for
partylist system to provide other information in order
to validate whether they possess all the qualifications.
However,
the group insisted that the poll body has no power to
impose additional requisites for registration.
“[The]
Comelec’s requirement that parties, sectoral
organizations, and coalitions must have presence or
existence nationwide is void for being vague. There is
no law or jurisprudence, not even a Comelec resolution,
which defines what ‘presence or existence nationwide’
means.”
ACS
claimed that it has more than 430,000 followers, which
is sufficient to win a party-list seat considering that
in the 2004 elections, the group An Waray qualified for
a seat although it garnered only 268,164 votes.
It
further that the requirement of having national
constituency is applicable only to national parties as
stated in Section 3 of R.A. 7941.
The
Trade Union Congress of the Philippines (TUCP) said on
Wednesday that the party-list system should not be used
as an instrument of deceit as it dared the Commission on
Elections (Comelec) to scrutinize such groups and their
leaders. |