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Showing posts with the label COMELEC

Commissioner Jose Melo v. Justice Jose Melo

Commission on Elections Chair Jose Melo recently gave comments that contradict a Supreme Court ruling in 2001 ( Ang Bagong Bayani-OFW Labor Party v. Ang Bagong Bayani-OFW Go! Go! Philippines, G.R. No. 147589, June 26, 2001 ). He opined that the President's son Juan Miguel Arroyo could be a valid nominee of Ang Galing Pinoy, a party-list group that allegedly represents security guards. He added that limiting nominees to members of the marginalized groups is not wise. Tricycles drivers cannot be represented by one who did not finish high school; "they should have somebody to speak for them," he said. This is not the tenor of the Supreme Court decision in Ang Bagong Bayani . In the 2001 Supreme Court decision, a majority of the Supreme Court, including then Justice Melo , provided guidelines for the COMELEC in screening party-list nominees. Among others, the Court said that: ...not only the the candidate party or organization must represent marginalized and underrepresented...

Avoiding, Voiding Santiago

Malaya 's editorial on October 9, 2006 in part reads: During the hearing conducted by the Supreme Court, the justices did not fall for the line that the tribunal is limited to settling the issues of law. They pointedly grilled Sigaw and Ulap counsels on the authenticity of the signatures. Chief Justice Artemio Panganiban said in open court that if it could be shown that the signatures were fake and their gathering was attended [by] irregularity, then there would be no need to revisit Santiago vs Comelec . The Sigaw and Ulap petition would be dismissed outright. I am uncomfortable with the fact that the Supreme Court is assuming what is technically the function of the Commission on Elections. The verification of the signatures that accompany a petition for initiative is not a judicial function. But the Court evidently directed the parties to show if the collection of signatures was conducted properly and if it meets the requirements of the law. The Supreme Court's decision and ...