NTF-Elcac says Gabriela proclamation ‘unconstitutional’

NTF-Elcac says proclaiming Gabriela as 64th seat violates constitutional ceiling of 20 percent party-list representation in the House
NTF-Elcac says Gabriela proclamation ‘unconstitutional’
Published on

JUST days after the Gabriela Women’s Party was proclaimed as the 64th winning party-list group in the 2025 midterm elections, the National Task Force to End Local Communist Armed Conflict (NTF-Elcac) has moved to block its entry into the House of Representatives. Through the Office of the Solicitor General, NTF-Elcac has asked the Supreme Court (SC) to nullify Gabriela’s proclamation.

NTF-Elcac challenges 64th seat

In its petition filed Wednesday, September 17, 2025, NTF-Elcac asked the Court to issue a “status quo ante” order that would restore the situation before Gabriela was proclaimed. The task force also requested a temporary restraining order (TRO) and writ of preliminary injunction, which it seeks to make permanent after due proceedings.

NTF-Elcac Executive Director Ernesto Torres Jr. stressed that the petition is anchored on constitutional limits:

“We stand firmly in our belief based on the current jurisprudence, ‘yun nga ‘yung Banat v. Comelec, na nag se-set talaga, very clearly, set the limit of authorized party-list group members to 20 percent.”

According to the task force, proclaiming Gabriela as the 64th seat violates the constitutional ceiling of 20 percent party-list representation in the House, equivalent to 63 seats out of 317.

Comelec’s proclamation of Gabriela

On September 17, the Commission on Elections (Comelec) en banc proclaimed Gabriela as the 64th party-list group. The decision followed the disqualification of the Duterte Youth Party-List and a recalculation that showed 63 party-list seats amounted to only 19.8738 percent of the total House membership.

Comelec Chair George Erwin Garcia defended the move, saying the poll body is mandated to fill up the full 20-percent allocation:

“The Constitution requires 20 percent for party-list representation. Our computation shows 63 is still below that, which is why we proclaimed Gabriela.”

Gabriela’s first nominee, former Kabataan Rep. Sarah Jane Elago, accepted the certificate of proclamation, pledging to advance rights and accountability in Congress.

“We will continue to push for women’s and LGBTQ+ rights, and we will fight corruption in government,” Elago told reporters.

Duterte Youth’s disqualification opened door for Gabriela

Duterte Youth, which initially won more than 2.3 million votes for three seats, was disqualified after Comelec ruled its registration void ab initio for misrepresentation and failure to comply with requirements under the Party-List System Act.

The ruling was affirmed by the Comelec en banc in August 2025, clearing the way for Gabriela’s entry. Duterte Youth has since elevated its case to the Supreme Court, arguing voter rights were compromised by the cancellation.

Long history of clashes

Gabriela and NTF-Elcac have been on opposite sides of political and legal disputes for years.

  • 2019 Disqualification Case: NTF-Elcac backed petitions to disqualify Gabriela, alleging ties to the CPP-NPA-NDF and receipt of foreign funds. The case remains unresolved before Comelec.

  • Red-Tagging Complaints: In March 2025, Gabriela filed a complaint against NTF-Elcac for alleged red-tagging and gender-based harassment, after task force officials publicly linked the group to communist fronts. “We strongly assert that the systematic vilification of party-list organizations and electoral candidates undermines, if not, violates the people’s free exercise of their right to participate in public affairs,” Gabriela said in its filing.  “These acts, including gender-based violence, discrimination, and intimidation during the elections, unduly interfere with the right of women to participate freely in this political exercise.”

  • NTF-Elcac’s denial: The task force has repeatedly denied red-tagging, with spokesperson Jonathan Malaya saying, “That is a complete falsehood. NTF-Elcac does not engage in red tagging. It has never and will never be government policy.”

  • Political exchanges: Earlier this year, when Gabriela Rep. Arlene Brosas called for NTF-Elcac’s abolition, the task force shot back, calling it “desperate, opportunistic politicking.” A statement from NTF-Elcac added: “Rep. Brosas’ call to abolish the NTF-Elcac not only disregards the government’s counter-insurgency efforts… but also reveals her ignorance of the task force’s role.”

The task force even invoked the President’s backing.

“I’m sorry to relay the bad news to them that the President made it clear today that he will never abolish the NTF-Elcac… We have to continue, it has been successful and we need to continue to invest in its success.”

Ex-cadre flags armed agenda behind Gabriela seat

Former Gabriela member and ex-CPP-NPA-NDF cadre Arian Jane Ramos, also known as Ka Marikit, raised strong objections to Gabriela’s recent return to the House of Representatives under the party-list system.

Ramos, who once served as secretary of Guerrilla Front 55 in Southern Mindanao, said her own involvement in the armed struggle began with Gabriela Youth at the University of the Philippines (UP) Mindanao, a group she initially believed was focused solely on women’s rights and youth empowerment.

“That clause was meant to empower marginalized sectors such as workers, peasants, indigenous peoples, women and youth,” Ramos said. “It was not meant to give government agencies a free hand to bend the ceiling.”

She warned that granting congressional representation to a group allegedly linked to the CPP-NPA goes beyond procedure.

“Granting a seat in Congress to a group connected with the CPP–NPA is not just a procedural issue,” she stressed. “It risks legitimizing the very system of recruitment and deception that continues to endanger our youth and our communities.”

Ramos recalled the death of Josephine Lapera, a Gabriela member turned NPA fighter killed in a 2017 clash in Nasugbu, Batangas, as a stark reminder of how activism can be drawn into armed conflict.

“Her life, like so many others, is a cautionary tale. When representation is weaponized, women and youth become casualties rather than beneficiaries,” she said.

Ramos urged Congress to uphold the constitutional ceiling on party-list seats and swiftly resolve disqualification cases tied to security concerns.

“Congress must be a sanctuary for peace, for people’s voices, and for women’s empowerment,” she said. “We need party-lists that will raise women’s voices without feeding them to the fires of armed conflict… That is the kind of representation worthy of Congress and worthy of the Filipino people.”

What’s at stake

Gabriela’s seat, according to them, is not merely symbolic — it is the culmination of decades of advocacy work by the group in representing women, marginalized communities, and grassroots movements. But for NTF-Elcac, Gabriela’s presence in Congress represents what it views as an infiltration of government by organizations allegedly tied to the communist insurgency.

The Supreme Court is now tasked with deciding whether Comelec overstepped its authority in filling a 64th seat, whether Gabriela’s unresolved disqualification case would bar it from serving, and whether NTF-Elcac’s claims hold legal weight. DEF

Trending

No stories found.

Just in

No stories found.

Branded Content

No stories found.

Videos

No stories found.
SunStar Publishing Inc.
www.sunstar.com.ph