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By Jomar Canlas, Reporter
The Akbayan Party-list and two
partners group petitioned the Supreme Court (SC) on Monday to order
the Commission on Elections (Comelec) to disclose the names of all
party-list nominees.
In a 33-page petition for
certiorari and mandamus, Akbayan along with Kilosbayan and
Bantay Katarungan Foundation, asked the Court to annul Comelec
Resolution 07-0724, which bars the release of the names of party
list nominees, since it is “erroneous, arbitrary, and contrary to
law, having been issued with grave abuse of discretion amounting to
lack or excess of jurisdiction.”
“The refusal of the Comelec to
disclose the names of the nominees operates as an unconstitutional
restriction on free speech and access to information,” the
pleading says.
It argued that the burden is on
the Comelec to show it has the statutory or constitutional authority
to withhold the names of the nominees and refuse to do its
ministerial duty to disclose the same.
The petition also warned that
Comelec Chairman Benjamin Abalos could be impeached if it is
established that he is involved in a conflict of interest after the
Comelec accredited the party-list group Biyaheng Pinoy led by his
brother.
Akbayan also pointed out that the
Comelec’s refusal to disclose the names of the nominees is based
on an erroneous reading of Section 7 of Republic Act 7941 or the
Party-list Systems Act which says that “the Comelec shall, not
later than 60 days before election, prepare a certified list of
national, regional, or sectoral parties, organizations or coalitions
which have applied or who have manifested their desire to
participate under the party-list system.
The document also alleges that
Akbayan is questioning some of the party-list groups by
“responding to the increasing public perception that the
individuals behind these party-list groups do not actually represent
the poor and marginalized sectors for which the party-list system
had been set-up.”
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