6 days ago
SC directs Comelec to comment on NTF-ELCAC petition vs anti-discrimination reso
The Supreme Court (SC) has directed the Commission on Elections (Comelec) to comment on a petition filed by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) questioning the poll body's anti-discrimination resolution for Eleksyon 2025.
'Acting on the petition for Certiorai and Prohibition (With Application for the Issuance of a Temporary Restraining Order [TRO]), the Court resolved, without giving due course to the Petition, to require the respondent to comment on the Petition and prayer for TRO within ten days from notice hereof,' the high court ruling dated May 30 read.
In April, the NTF-ELCAC filed a petition for certiorari with the SC challenging Comelec Resolution No. 11116, which sets the anti-discrimination guidelines for the May elections.
The resolution also declared that labeling groups and individuals as terrorists, dissenters, and criminals without evidence is considered an election offense in the 2025 midterm national and local polls.
According to the poll body, labeling can be defined as "the act of categorizing, classifying, labeling, branding, associating, naming, and accusing individuals, groups and/or organizations as 'vocal dissenters' and activists or subversive group sympathizers or terrorists, or belonging to a criminal group/syndicate without evidence."
These acts may be committed in person, through radio or television, newspaper publication, internet, and other similar mediums.
However, the government's anti-insurgency body accused Comelec of allegedly committing grave abuse of discretion amounting to lack or excess of jurisdiction when it declared labeling as an election offense, saying there is no law penalizing it as an offense or a criminal act.
'Moreover, the implementation of Section 3, in relation to Section 2(j), of Resolution No. 11116 would not only prejudice the NTF-ELCAC'S legitimate efforts to unmask the true identities of members, affiliates, sympathizers, and collaborators of CTGs, but it would also disempower Filipinos from exercising their constltutiona lly guaranteed freedom of expression, including their right to expose, identify, and call out communist-terrorist groups based on reliable information,' it added.
With this, the NTF-ELCAC asked the Court to issue a temporary restraining order (TRO) against the Comelec resolution. It also wants to later declare the TRO permanent and for the SC to direct the Comelec to prohibit its implementation upon the rendering of judgement.
Comelec to defend guidelines
The Comelec, for its part, stood firm on its resolution, saying it is "ready" to defend its guidelines.
"Discrimination has no place in a civilized society. It is outright despicable whether committed by state actors or private individuals," Comelec chairman George Garcia told GMA News Online.
"It is both international and national issue. Our issuances fighting acts enumerated therein are our contribution to ensure orderly society even during an election and the basic fundamental human rights. We are ready to defend," he said. — RSJ, GMA Integrated News
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