An Waray Partylist v. COMELEC

An Waray won in the 2013 party-list elections. NBOC Resolution No. 0008-13 raised its seats to two, without prejudice to other parties later shown to be entitled to seats. After second nominee Acidre resigned, Victoria Isabel Noel took her oath on July 13, 2013 as the second nominee. No Certificate of Proclamation was issued to her, and the NBOC merely noted An Waray's request for one. After Abang Lingkod v. COMELEC, NBOC Resolution No. 13-030 (PL)/0004-14 (August 20, 2014) fixed An Waray's final allocation at one seat. Victoria nonetheless served out her term. In 2019, Pornias and Acidre petitioned COMELEC to cancel An Waray's registration under Section 6(5) of R.A. 7941. The COMELEC Second Division granted the petition on June 2, 2023, and the En Banc denied reconsideration on August 14, 2023. An Waray's sitting representative, Bem Noel, was dropped from the House rolls. An Waray and Victoria filed a Rule 64 petition. They argued that the HRET had jurisdiction, that the delay violated their right to speedy disposition, and that the action had prescribed.

1. 1Whether the HRET, not COMELEC, has jurisdiction to cancel the registration of a party-list whose nominee is a Member of the House.
2. 2Whether COMELEC's delay violated An Waray's right to speedy disposition of cases, and whether the petition to cancel had prescribed.
3. 3Whether COMELEC gravely abused its discretion in cancelling An Waray's registration.

The petition was dismissed. Article IX-C, Section 2(5) of the Constitution and Sections 3, 5 and 6 of R.A. 7941 vest COMELEC with power over party-list registration, from granting it to cancelling it. Under Article VI, Section 17, the HRET judges only contests relating to the election, returns and qualifications of Members of the House. Its jurisdiction depends on the nature of the action and on the respondent's status as a Member, which requires a valid proclamation, a proper oath and assumption of office. Following ABC Party List v. COMELEC, the nominee, not the party-list, is the Member. A petition to cancel a party-list's registration is therefore not an HRET contest, even though it may remove a sitting nominee. Jurisdiction turns on the case's subject matter, not its effects. Victoria's term had also long ended. On speedy disposition, the Court distinguished administrative from criminal cases. Applying the stricter standard of Abella v. COA, it found that An Waray showed no actual prejudice, having won seats in 2019 and 2022, and had waived the right by raising it late. The five-year prescription in Section 267 of the OEC covers only election offenses, and Article 1149 of the Civil Code covers court actions. Under Dayao v. COMELEC, registration is like a franchise that may be revoked at any time. COMELEC erred in citing Section 13 of R.A. 7941, which is a duty of COMELEC. Still, An Waray violated NBOC Resolution No. 13-030 (PL)/0004-14 by keeping a second seat. Disposition: petition dismissed and the COMELEC resolutions affirmed.