EN BANC
[G.R. No. 243488. June 18, 2019.]
PARTIDO DEMOKRATIKO PILIPINO LAKAS NG BAYAN, REPRESENTED BY ROGELIO V. GARCIA, NATIONAL PRESIDENT, petitioner, vs.PARTIDO DEMOKRATIKO PILIPINO LAKAS NG BAYAN, REPRESENTED BY SENATOR AQUILINO 'KOKO' PIMENTEL III, AND THE COMMISSION ON ELECTIONS, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedJUNE 18, 2019, which reads as follows:
"G.R. No. 243488 (Partido Demokratiko Pilipino Lakas ng Bayan, represented by Rogelio V. Garcia, National President, petitionerv. Partido Demokratiko Pilipino Lakas ng Bayan, represented by Senator Aquilino 'Koko' Pimentel III, and the Commission on Elections, respondents). — After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 for failure of petitioner Partido Demokratiko Pilipino Lakas ng Bayan (PDP LABAN), represented by Rogelio V. Garcia, National President (petitioner), to sufficiently show that the public respondent Commission on Elections (COMELEC) committed grave abuse of discretion in declaring the Sworn Information Update Statement 2 (SIUS) and List of Authorized Signatories 3 (List) filed by respondent Senator Aquilino 'Koko' Pimentel III (Senator Pimentel) to be the legitimate and official SIUS and List of PDP LABAN for the May 13, 2019 National and Local Elections in its November 28, 2018 Resolution. 4
As correctly found by the COMELEC, without a direct challenge questioning the legitimacy of the group of Senator Pimentel as the officers of PDP LABAN, and a consequent adverse ruling by the COMELEC against such officers, it must continue to recognize them as the legitimate officers authorized to act for and in behalf of PDP LABAN. 5 Necessarily, the COMELEC must recognize the SIUS and the List submitted by such officers. However, this is without prejudice to the filing of a direct challenge by petitioner questioning the legitimacy of Senator Pimentel's group before the COMELEC.
Consequently, the application for the issuance of a temporary restraining order and/or writ of preliminary injunction is DENIED." Peralta, and Hernando, JJ., on official business. (adv93)
Very truly yours,
(SGD.) EDGAR O. ARICHETAClerk of Court
Footnotes
1. Titled "Petition for Certiorari with Application for Temporary Restraining Order and/or Writ of Preliminary Injunction." Rollo (Vol. I), pp. 3-47.
2.Id. at 299-396.
3.Id. at 151-172.
4.Id. at 52-56. Signed by Chairman Sheriff M. Abas and Commissioners Al A. Parreño, Luie Tito F. Guia, Ma. Rowena Amelia V. Guanzon, Soccorro B. Inting, and Marlon S. Casquejo. Commissioner Antonio T. Kho, Jr., was on leave. See also id. at 55.
5. See id. at 54-55.