The Commission on Elections (Comelec) has excluded 13 groups that it earlier disqualified from its list of accredited party-list when they failed to obtain relief from the courts.

“The commission resolves to exclude from the list those new applicants who were not able to secure mandatory injunctions. [They] do not qualify to join the raffle for failure to obtain a mandatory injunction,” part of the three-page Comelec resolution promulgated on Monday read.

On Friday, the poll body held the first raffle to determine the party-list’s sequence in the official ballot instead of the traditional alphabetical listing.

The Comelec, however, discovered that 13 new applicants that were previously disqualified by the poll body should not have been included in the raffle because they only secured a status quo ante order from the Supreme Court, not mandatory injunctions.

The groups include Ako An Bisaya; Alagad ng Sining; Alab ng Mamahayag; Association of Guard, Utility Helper, Aider, Rider, Driver/Domestic Helper, Janitor, Agent and Nanny of the Philippines Inc.; Abyan Ilonggo; and Alliance of Organizations, Networks and Associations of the Philippines.

Also excluded were Partido ng Bayan and Bida; Pilipinas para sa Pinoy; 1-Alliance Advocating Autonomy Party; Kalikasan; Akbay Kalusugan; Manila Teachers Savings and Loans Association; and Association of Local Athletics, Entrepreneurs and Hobbyists.

The Comelec also resolved to reserve the slots left vacant by the excluded party-list groups for those groups who will be able to obtain court injunction.

ACTO questions disqualification
The Alliance of Concerned Transport Organizations Inc. (ACTO) questioned before the High Court its disqualification by the Comelec.

The group said that the poll body violated its right to due process and asked the tribunal to issue a temporary restraining order, a writ of preliminary mandatory injunction and a writ of certiorari.

ACTO stressed that no prior notice and hearing was afforded them by the Comelec en banc when it reversed the resolution of the second division, which allowed its registration or accreditation as a party-list organization.

“In cancelling ACTO’s registration, the Comelec en banc expanded the application of the provisions of the Party-List System Act [Republic Act (RA) 7941] and violated the principle of immutability of final judgments and the rights to due process of law and equal protection of the laws of the registrant guaranteed under the Bill of Rights of the Constitution and the international human rights instruments,” ACTO stated in its petition.

“Section 6 of RA 7941 provides that before the registration of a national, regional or sectoral party, organization or coalition is cancelled, the party, organization or coalition concerned must be given notice and hearing,” it added.

The group argued that the reasons given for withdrawing the grant of registration or accreditation—possible conflict of interest between the drivers and the operators and that the alleged disqualification of ACTO’s second nominee—are not provided for by the party-list law.