EN BANC
[G.R. No. 244062. February 19, 2019.]
ADVOCATES & KEEPERS ORGANIZATION OF OFW, INC., REPRESENTED BY ITS CHAIRMAN, CELERINO L. UMANDAP AND ITS NATIONAL PRESIDENT, MARCIA VICENTA PAZ G. SADICON, petitioner,vs. COMMISSION ON ELECTIONS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated FEBRUARY 19, 2019, which reads as follows:
"G.R. No. 244062 — Advocates & Keepers Organization of OFW, Inc., represented by its Chairman, Celerino L. Umandap and its National President, Marcia Vicenta Paz G. Sadicon, Petitioner, v. Commission on Elections, Respondent.
RESOLUTION
Considering the allegations, arguments and issues raised in this Petition for Certiorari, the Court resolves to DISMISS the same for failure to show that the Commission on Elections (Comelec) En Banc committed grave abuse of discretion in issuing its January 15, 2019 Resolution in SPP Case No. 18-098 (PP).
The Comelec En Banc thoroughly discussed the reasons for the dismissal of petitioner's Petition for Registration (under the party-list system). It held that petitioner failed to comply with the mandatory requirement under Comelec Resolution No. 9366 1 that a petition for registration "shall state x x x that all of its (petitioner's) officers and members are made aware of the petition and have given consent thereto." It thus decreed:
x x x [The] term 'shall' is a word of command, and one which must be given a compulsory meaning.
A careful review of the Petition, Amended Petition, and even the Motion for Reconsideration reveals that Petitioner failed to allege that all of its members have given their consent to the Petition. Worse, Petitioner's Motion for Reconsideration even exposed the fact that only the majority, as opposed to all, of the members consented to the filing of the Petition. x x x Petitioner has in effect admitted that not all of its members actually consented to the filing of the Petition.
xxx xxx xxx
x x x Rule 1, Section 6 (i) applies to all registrants in the party-list system of representation. Thus, regardless [of] whether Petitioner is seeking registration as a national party, as a regional party, or as a sectoral party, its Petition will be dismissed just the same. 2
In view of petitioner's non-compliance with the above-discussed requirement, the Comelec En Banc Resolution had sufficient legal justification in sustaining the October 19, 2018 Order of its First Division.
Let it also be stressed that the function of a writ of certiorari is solely to address matters relating to issues of jurisdiction or if there is any grave abuse of discretion, not "a review of the tribunal's evaluation of the evidence." Moreover, the findings of fact of administrative bodies, which exercise expertise in certain fields of competence, like the Comelec, are binding upon the Court. 3 Thus, there are more than sufficient reasons for the Court to sustain the assailed Resolution which upheld the dismissal of petitioner's Petition for Registration.
ACCORDINGLY, the Court resolves to AFFIRM the assailed January 15, 2019 Resolution of the Commission on Elections En Banc in SPP No. 18-098 (PP)." (adv29)
Very truly yours,
(SGD.) EDGAR O. ARICHETAClerk of Court
Footnotes
1. 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.
2.Rollo, Vol. III, pp. 1219-1220.
3.Cadangen v. Commission on Elections, 606 Phil. 752, 760 (2009).