Visayas-based An Waray Partylist loses its Commission on Elections (Comelec) registration after the electoral body caught up on an offense the partylist committed 10 years ago.
Back in 2013, the assumption of the second nominee, Atty. Victoria Isabel Noel, as partylist representative at the Batasan when the partylist was allowed only one seat.
In 2019, this was contested by two petitioners, including Jude Acidre, a previous An Waray nominee who is currently Tingo Partylist representative.
When An Waray won the 2013 midterm elections with 541,205 votes and secured two seats, Victoria Noel was the third nominee. Neil Benedict Montejo and Acidre were the first and second nominees at the time, until the latter left the party, making Victoria Noel the official second nominee.
She allegedly assumed her post despite the lack of a certificate of proclamation from the Comelec.
In a statement, Comelec stated that An Waray proceeded to place its nominee at the Batasang Pambansa, with the full knowledge that the poll body has not given its go signal to assume office as second nominee.
“Both the House and the House of Representatives Electoral Tribunal (HRET) may use as basis the Comelec’s resolution and factual findings on the matter,” Comelec spokesperson Rex Laudiangco said.
“We have to remember that An Waray’s nominee is a sitting member of the HOR, and we have to clearly define the bounds of jurisdictions between the Comelec, the HOR and the HRET,” he added.
To their defense, An Waray said the Comelec has no jurisdiction to pass upon the legality of Victoria Noel's proclamation and assumption as a member of the House of Representatives and has now filed a motion for reconsideration last June 2.
The alleged electoral offense has already come to an end, according to An Waray, who also claimed that the resolution "violates the respondents' constitutional right to speedy disposition of cases" and pointed out that Victoria Noel's assumption as second representative was never questioned even by the then House Speaker Feliciano Belmonte.
They also contested the Second Division’s view that while An Waray was proclaimed as one of the winners in the partylist race during the 2013 polls and was initially entitled to two seats in the House of Representatives, this was recomputed and reduced to only one seat under National Board of Canvassers (NBC) Resolution 13-030(PL)/004-14 issued on August 20, 2014 and further questioned the lack of proof of the participation of An Waray in the alleged unlawful assumption of Victoria Noel.
What then happens to the current An Waray representative at the House, Florencio Gabriel Noel who is representing the partylist that has been elected seven times since 2004 and fourth since 2013?