SC reverses Comelec on partylist proclamation

The ruling of the Commission on Elections (Comelec) recognizing Soliman Villamin Jr. as the national chair of the Magkakasama sa Sakahan, Kaunlaran (Magsasaka) Party-list group even if he had been removed from the party was reversed by the Supreme Court (SC).

This as the High Tribunal granted the petition filed by the Magsasaka Party-list group represented by its secretary general Atty. General D. Du against the Comelec and Villamin.

In an en banc decision written by Associate Justice Jose Midas P. Marquez, the SC declared: “While the Comelec has jurisdiction over intra-party leadership disputes, it cannot arrogate unto itself the interpretation of party rules contrary to the party’s established practices and confer party leadership to someone whom the party has already expelled.”

The poll body was ordered by the SC “to give due course to the nominations of Magsasaka and issue a Certificate of Proclamation to the rightful nominee as the Magsasaka Party-List representative in the 19th Congress.”

The SC decision, promulgated last 21 May, was announced by the Court’s spokesperson, Camille Sue Mae L. Ting.

Quoting from the decision, Ting said, “Villamin is the former national chairperson of Magsasaka who was voted out of its council of leaders and expelled from the organization due to anomalous activities.”

“The Court ruled that the Comelec gravely abused its discretion when it focused on determining whether Magsasaka complied with due process in removing Villamin as national chairperson but disregarded the reason behind Villamin’s removal —his alleged illegal activities and their effects on the party as a whole.”

Ting added: “Since Villamin was validly removed by Magsasaka as national chairperson, he no longer had the authority to file before the Comelec the Manifestation of Intent to Participate (MIP) in the 2022 elections. Thus, his nominee, Roberto Gerard L. Nazal Jr. could not have been validly proclaimed as the Magsasaka Party-list representative in the House of Representatives.”

With the ruling, Ting said, “The Court lifted the status quo ante order it issued on 18 October 2022 and ordered the Comelec to issue a Certificate of Proclamation to the rightful nominee as the Magsasaka Party-list representative in the 19th Congress.”