A party-list official on Friday hit the Commission on Elections (Comelec) after the poll body disqualified 1-CARE despite Supreme Court’s (SC) decision favoring the group.

Lawyer Carlos Roman Uybarreta, secretary general of 1-CARE in a statement said that the Comelec has arrogated into itself the power to review a ruling of the Court in disqualifying 1-CARE or First Consumer’s Alliance for Rural Energy Inc. from the party-list elections in the midterm national polls in March next year.

Uybarreta, made statement even as he cited a decision of the High Court dated November 23, 2010 affirming the qualification of their group as a party-list through and dismissing protest filed by Barangay Natin party-list (Banat) after the May 2010 polls.

“Comelec should give credence to the Supreme Court‘s ‘decision with finality’ that 1-Care is qualified to be a party list . . .  To unreasonably challenge or dismiss it for political expediency is an affront to its judicial independence and integrity. Comelec, unfortunately, just did it when it delisted 1-Care party list. It showed its contempt and lack of respect to the Supreme Court,” he said.

1-CARE joined the party-list polls in May 2010 and won two seats in Congress now being occupied by Representatives Michael Angelo Rivera and Salvador Cabaluna 3rd.

According to the statement the ruling became final and executory on January 25, 2011 upon dismissal of Banat’s motion for reconsideration, the SC held that the registration and accreditation of 1-CARE in the previous election—which was approved by the Comelec in resolutions dated August 5, 2010 and September 21, 2010.

“The Supreme Court, considered as the final arbiter of laws, had spoken its authoritative stand, that 1-Care party-list is ‘considered marginalized and underrepresented as it is related to, and associated with the sectors enumerated in the said provision’ set forth in Section 5 [2] of RA 7941 [Party-list System Act],” Uybarreta said, quoting the SC ruling.

The Comelec delisted 1-CARE supposedly because the “rural energy consumers” sector that it represents is not included among the sectors mentioned in Section 5 (2), Article 6 of the Constitution and Section 5 of Republic Act 7941.

Meanwhile, Uybarreta said that 1-CARE has already filed a petition before the SC on Thursday questioning the recent decision of Comelec disqualifying it from the party-list polls.