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Friday, May 04, 2007
Poll body ordered to bare party-list nominees
MANILA -- The Supreme Court (SC) on Thursday ordered the Commission on Elections (Comelec) to disclose the names of party-list nominees, citing the voting public's constitutional right to information and to an "informed judgment."
Pinoy Votes: Sun.Star Election 2007 Coverage
Voting unanimously, the SC granted the petition filed by Akbayan party-list Representative Loretta Ann Rosales and former Senate president Jovito Salonga to compel the Comelec to release the names of candidates running for sectoral representation.
Rosales represented Kilosbayan while Salonga filed the petition for the Bantay Katarungan Foundation.
The high court, however, dismissed the petition of Bantay Republic Act 7941 (party-list law) and Urban Poor for Legal Reforms seeking the disqualification of some 34 party-list organizations perceived to be allied with Malacañang from participating in the May 14 polls.
The en banc decision penned by Associate Justice Cancio Garcia was reached during Thursday's special en banc session. It earlier consolidated the two petitions.
During the voting, two justices--Associate Justice Renato Corona and Ma. Alicia Austria-Martinez--were on leave while Associate Justice Romeo Callejo retired just recently.
SC spokesman Jose Midas Marquez said the decision was immediately executory upon the Comelec's receipt of the ruling, noting that the national elections are just 11 days away.
The SC grounded its decision on constitutional provisions safeguarding the public's right to information.
Under Section 28 of Article 2, the Constitution provides that "subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest."
Section 7 of Article 3, on the other hand, states that "the right of the people to information on matters of public concern shall be recognized. Access to official records and to documents, and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law."
The SC said the Comelec committed grave abuse of discretion in "refusing the legitimate demands" of petitioners for a list of nominees of party-list groups.
"The court said the non-disclosure by Comelec is against the right to information enshrined in the Constitution. The court enunciates the policy of full disclosure and transparency in government, more so where public interest is at stake," said Marquez.
The court further said that the people have the right to elect their representatives on the basis of an "informed judgment." No national security concern is involved in the disclosure of the names of the nominees of the party-list groups in question, it added.
The SC agreed with the petitioners' contention that the prohibition imposed on the Comelec under Section 7 of RA 7941 (Party-list System Act) is limited in scope and duration as it extends only to the certified list which the same provision requires to be posted in the polling places on election day.
To stretch the coverage of the prohibition to the absolute is to read into the law something that is not intended, the court said.
The high court, however, refrained from tackling the case seeking to disqualify other party-list groups that supposedly do not represent marginalized sectors saying the petition involved factual matters that would best be taken up during a Comelec hearing, the SC not being a trier of facts.
In their petition, Rosales and Salonga asked the SC to compel Comelec to furnish them the names of nominees of 13 newly-accredited party-list groups, namely, Babae Ka; Ang Kasangga; Akbay Pinoy; Aksa, Kakusa, Ahon Pinoy PFW party, Biyaheng Pinoy, Anad, Aangat and Kabuhayan, Agbiag, Banat, Bantay, Lypad and Aging Pinoy.
The groups were believed to be among those fielded by Malacañang to ease out party-list groups that are critical of the Arroyo administration.
The petitioners said the Comelec, by adamantly refusing to reveal the names of the nominees of the various party-list groups, violated the free speech and access to information clauses of the Constitution. (ECV/Sunnex)For more Philippine news, visit Sun.Star Davao. (May 4, 2007 issue)
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