EN BANC
[G.R. No. 221918. January 26, 2016.]
[1-APTO] ALLIANCE OF PUBLIC TRANSPORT ORGANIZATION, INC., petitioner, vs. COMMISSION ON ELECTIONS [COMELEC], respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedJANUARY 26, 2016, which reads as follows:
"G.R. No. 221918 ([1-APTO] Alliance of Public Transport Organization, Inc., Petitioner v. Commission on Elections [COMELEC], Respondent). — After a judicious review of the records, the Court Resolves to DISMISS the instant petition 1 for failure of petitioner (1-APTO) Alliance of Public Transport Organization, Inc. to show that respondent Commission on Elections (COMELEC) gravely abused its discretion in issuing its August 14, 2015 2 and December 16, 2015 3 Resolutions in SPP No. 15-017 PL/SPP No. 15-008 (PLM), denying 1-APTO, Inc.'s petition 4 for registration and/or accreditation as a party-list organization in the upcoming 2016 National and Local Elections (2016 Elections), in view of its non-compliance with Section 7 (h), 5 Rule 1 of COMELEC Resolution No. 9366 6 requiring 1-APTO, Inc. to attach to its petition the sworn proofs of existence in the areas where the organization is claiming representation. Notably said requirement finds statutory support from Section 5 of Republic Act No. 7941, 7 or the 'Party-List System Act,' which states that '[a]ny organized group of persons may register as a party, organization or coalition for purposes of the party-list system by filing with the COMELEC . . . a petition . . ., attaching thereto its constitution, by-laws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require[.]'" 8 (adv15)
Very truly yours,
(SGD.) FELIPA B. ANAMAClerk of Court
Footnotes
1. Rollo, pp. 3-16.
2. Id. at 28-34. Signed by Presiding Commissioner Al A. Parreño and Commissioners Arthur D. Lim and Sheriff M. Abas.
3. Id. at 22-25. Signed by Chairman J. Andres D. Bautista and Commissioners Christian Robert S. Lim, Al A. Parreño, Arthur D. Lim, Ma. Rowena Amelia V. Guanzon, and Sheriff M. Abas. Commissioner Luie Tito F. Guia issued a dissenting opinion (id. at 26).
4. Filed on March 27, 2015. Id. at 46-51.
5. Section 7. Documents to support petition for registration. The following documents shall support petitions for registration:
xxx xxx xxx
(h) Sworn proof/s of existence in the areas where the organization is claiming representation;
xxx xxx xxx.
6. Entitled "RULES AND REGULATIONS GOVERNING THE: 1) FILING OF PETITIONS FOR REGISTRATION; 2) FILING OF MANIFESTATION OF INTENT TO PARTICIPATE; 3) SUBMISSION OF NAMES OF NOMINEES; AND 4) FILING OF DISQUALIFICATION CASES AGAINST NOMINEES OF PARTY-LIST GROUPS OR ORGANIZATIONS PARTICIPATING UNDER THE PARTY-LIST SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS THEREAFTER," promulgated on February 21, 2012.
7. Entitled "AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR," approved on March 3, 1995.
8. Emphasis supplied.