26-05-2025
SC asked to issue TRO vs. proclamation of party-list winners
The One Filipinos Worldwide (OFW) party-list on Monday filed a petition asking the Supreme Court (SC) to issue a temporary restraining order (TRO) against the declaration of party-list winners in the 2025 elections.
In a 28-page petition for certiorari, the party-list sought a TRO and/or status quo ante order and/or writ of preliminary injunction directing the Commission on Elections (Comelec) from implementing NBOC resolution 14-25.
The resolution declared the winners in the May 12 elections, following the formula provided in the ruling of Banat v. Comelec.
'The BANAT formula should be modified, if not abandoned, as it is inconsistent with, and fails to reflect, the spirit and intent of the 1987 Constitution and Republic Act No. 7941,' the petition read.
Under the Banat formula, the parties that receive at least 2% of the total votes cast for the party-list system shall be entitled to one seat each.
An additional seat will be granted to a party-list which will be able to secure more than 2% of the votes cast proportional to the additional percentage it got, but the maximum number of seats is only three.
EXPLAINER: How does the PH party-list system work?
'It is politely advanced that the formula introduced in BANAT resulted into double counting of votes in favor of party-list groups who attained 2% of the total votes cast by all party-list groups,' the petition read.
'Nowhere from the text of the law was it stated that the 2% shall be used for the purpose of determining the number of guaranteed seats. The 2% threshold already provides an equivalent seat that must be definitively allocated,' it added.
The party-list argued that it should be proclaimed as one of the winners and get one seat in the House of Representatives.
It said that the Akbayan party-list should get three seats, the Duterte Youth party-list should get two seats instead of three, the Tingog party-list should get two seats instead of three, and that the 4Ps, ACT-CIS, and Ako Bikol party-lists should get one seat each.
Aside from this, the OFW party-list asked the SC to direct Comelec to review the accreditation, disqualify and disallow the continued participation of non-marginalized groups in the party-list system.
'Sana po 'yung mga nagre-represent, totoo naman na nagre-represent. Ang dami pong party-list na nakita namin. Hindi ko alam kung sino sino itong mga ito, nanalo? Anong sector, nanalo?' OFW party-list president Marissa Del Mar Magsino said in a press conference.
(I hope that those who claim to represent actually do represent. We saw so many party-list groups. I don't even know who they are, and they won? What sector?)
The party-list also asked the SC to direct Comelec to allocate 64 seats instead of 63 seats.
'Public Respondents committed grave abuse of discretion in promulgating NBOC Resolution 14-25 which allocated only 63 seats for Party-List Representatives,' the petition read.
Meanwhile, Magsino called on the High Court to grant their petition.
'For as long as we win this fight, winner na po tayo in the very sense of the word. Justice is rendered, justice is given to the OFW and the seafarers and their families,' Magsino said.
'I don't think naman aabutin ito ng last two months of 20th Congress. I'm very positive that SC will heed our request because this is a valid, legal, and constitutional request. Dahil ito po ay dinesign ng Constitution to be able to serve the marginalized and the underrepresented,' she added.
(I don't think this will reach the last two months of the 20th Congress. I'm very positive that the SC will heed our request because this is a valid, legal, and constitutional request. This was designed by the Constitution to be able to serve the marginalized and the underrepresented.)
The respondent in the petition is the Comelec. GMA News Online has asked the poll body for comment and will publish it once available.—AOL, GMA Integrated News
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