SC asked to stop Comelec from disqualifying APEC from running in 2013 polls

November 6, 2012 11:23 pm 

MANILA, Nov. 6 — Party-list group Association of Philippine Electric Cooperatives (APEC) on Tuesday questioned before the Supreme Court (SC) the Commission on Elections' (Comelec) ruling disqualifying them from running in the May 13, 2013 mid-term elections.

In an 88-page petition for certiorari, APEC is also asking the SC to issue a temporary restraining order (TRO) restraining the Comelec from implementing its decision that disqualifies them from running in the elections and to issue a status quo ante order directing the Comelec to include them in the list of party-list candidates.

"It is most respectfully prayed of this most Honorable Court that a status quo ante order be issued so as to enable APEC as a party-list to revert back to its former status and standing before the issuance of the assailed resolution of the Comelec and directing the Comelec to include APEC in the final list of candidates under the party-list system for the 2013 national elections to be voted upon as party-list organization…," the petition said.

APEC is the second party-list group disqualified by the Comelec that elevated its case to the SC.

On Oct. 30, 2012, AKO BICOL (AKB) Party, through its legal counsel retired SC Associate Justice Vicente Mendoza, told the SC that the Comelec acted beyond its power in determining the qualification of a party-list group.

In APEC's petition, like AKO BICOL, they also said that Comelec violated their right to due process.

APEC's legal counsel Yeshter Donn Baccay said that the Comelec, in determining the continuing compliance of every party-list group to Republic Act 7941, or the Party-list Law, converted the compliance of party-lists to a disqualification case without even getting their side.

Baccay said that there was no petition asking for their disqualification.

He said that APEC was a five-term party-list group, adding that, it had been sitting in Congress since 1998.

"Kaya nakakasama ng loob na kami ay dini-disqualify," he said.

The APEC and the AKB are among those disqualified party-list groups announced by the Comelec. (PNA)

RMA/PTR

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