Coalition Of Associations Of Senior Citizens In The Philippines v. Commission On Elections

LEONARDO-DE CASTRO, J.:

The present petitions were filed by the two rival factions within the same party-list organization, the Coalition of Associations of Senior Citizens in the Phil., Inc. (SENIOR CITIZENS) that are now praying for essentially the same reliefs from this Court. One group is headed by Godofredo V. Arquiza (Rep. Arquiza), the organization's incumbent representative in the House of Representatives. This group shall be hereinafter referred to as the Arquiza Group.

The other group is led by Francisco G. Datol, Jr., the organization's erstwhile third nominee. This group shall be hereinafter referred to as the Datol Group. G.R. Nos. 206844-45 is the Extremely Very Urgent Petition for Certiorari (With Prayer for the Forthwith Issuance of a Writ of Preliminary Injunction and Temporary Restraining Order [TRO] and/or Status Quo Ante Order [SQAO])1 filed in the name of SENIOR CITIZENS by Francisco G. Datol, Jr. For brevity, we shall refer to this petition as the Datol Group's petition.

G.R. No. 206982 is the Very Urgent Petition for Certiorari (With Application for a Temporary Restraining Order and Writ of Preliminary Injunction)2 filed on behalf of SENIOR CITIZENS by Rep. Arquiza. We shall refer to this as the Arquiza Group's petition. The above petitions were filed pursuant to Rule 643 in relation to Rule 654 of the Rules of Court, both assailing the Omnibus Resolution5 dated May 10, 2013 of the Commission on Elections (COMELEC) En Banc in SPP No. 12-157 (PLM) and SPP No. 12-191 (PLM).

Said Resolution disqualified SENIOR CITIZENS from participating in the May 13, 2013 elections and ordered the cancellation of its registration and accreditation as a party-list organization. THE ANTECEDENTS On March 16, 2007, the COMELEC En Banc accredited SENIOR CITIZENS as a party-list organization in a Resolution6 issued on even date in SPP No. 06-026 (PL). SENIOR CITIZENS participated in the May 14, 2007 elections.

However, the organization failed to get the required two percent (2%) of the total votes cast.7 Thereafter, SENIOR CITIZENS was granted leave to intervene in the case of Barangay Association for National Advancement and Transparency (BANAT) v. Commission on Elections.8 In accordance with the procedure set forth in BANAT for the allocation of additional seats under the party-list system, SENIOR CITIZENS was allocated one seat in Congress. Rep. Arquiza, then the organization's first nominee, served as a member of the House of Representatives. Subsequently, SENIOR CITIZENS was allowed to participate in the May 10, 2010 elections.

On May 5, 2010, the nominees of SENIOR CITIZENS signed an agreement, entitled Irrevocable Covenant, the relevant terms of which we quote: IRREVOCABLE COVENANT KNOW ALL MEN BY THESE PRESENT We, in representation of our respective personal capacity, hereby covenant and agree as follows: ARTICLE I PARTIES AND PERSONS 1. ATTY. GODOFREDO V. ARQUIZA, of legal age, married, Filipino, and residing at 1881 C.M. Recto Avenue, Sampaloc, Manila, and representing the Senior Citizens Party-list in my capacity as President with our General Headquarters at Room 404 West Trade Center, 132 West Avenue, hereinafter referred to as the FIRST PARTY; 2.

ATTY. DAVID L.

KHO, of legal age, married, Filipino, and residing at 35 Quezon Avenue, Quezon City, hereinafter referred to as the SECOND PARTY; 3. FRANCISCO G. DATOL, JR., of legal age, married, Filipino, and residing at North Olympus Blk., 3, Lot 15 Ph4 Grieg St., Novaliches, Quezon City, hereinafter referred to as the THIRD PARTY; 4. REMEDIOS D. ARQUIZA, of legal age, married, Filipino, and residing at 1881 C.M. Recto Avenue, Sampaloc, Manila, hereinafter referred to as the FOURTH PARTY; 5.

LINDA GADDI DAVID, of legal age, married, Filipino, and residing at 150 Don Francisco, St. Francis Vil., San Fernando, Pampanga City (sic) hereinafter referred to as the FIFTH PARTY; x x x x ARTICLE III THE LIST OF CANDIDATES We agree that official candidates of the SENIOR CITIZENS PARTY-LIST and in the following order shall be: Name CTC No. Issued at Issued on 1. Godofredo V. Arquiza S.C.I.D.#2615256 Manila 04-02-04 2.

David L. Kho 16836192 Quezon City 03-15-09 3. Francisco G. Datol, Jr. 27633197 Quezon City 02-10-10 4. Remedios D. Arquiza S.C.I.D.#50696 Quezon City 01-02-07 5.

Linda Gaddi David CCI2009 12306699 Pampanga 01-04-10 ARTICLE IV SHARING OF POWER The Nominees agreed and pledged on their legal and personal honor and interest as well as the legal privileges and rights of the respective party-list offices, under the following circumstances and events: ELECTION RESULTS Where only ONE (1) candidate qualifies and is proclaimed, then No. 1 shall assume the Office of Party-list Representative in CONGRESS from July 1, 2010 to June 30, 2012 and shall relinquish his seat in Congress by the proper and legal acts and No. 2 shall assume said seat from July 1, 2012 to June 30, 2013; In the event TWO (2) candidates qualify and are proclaimed, then, No. 1 shall serve for three (3) years, and No. 2 and No. 3 will each serve for one-and-a-half years. In the event THREE (3) candidates qualify and are proclaimed, then No. 1 shall serve for three years; No. 2 will serve for two (2) years and afterwards shall relinquish the second seat to No. 4 nominee, who will then serve for one (1) year; No. 3 will occupy the third seat for two (2) years and afterwards shall relinquish said seat on the third year to Nominee 5, who will serve for the remaining one (1) year.

In Fine: If only one (1) seat is won No. 1 nominee = 2 years No. 2 nominee = 1 year If two (2) seats are won No. 1 nominee = 3 years No. 2 nominee = 1½ years No. 3 nominee = 1½ years If three (3) seats are won: No. 1 nominee = 3 years No. 2 nominee = 2 years No. 3 nominee = 2 years No. 4 nominee = 1 year No. 5 nominee = 1 year All beginning July 1, 2010 SHARING OF RIGHTS BENEFITS AND PRIVILEGES That serving incumbent Congress Representative in the event one or more is elected and qualified shall observe proper sharing of certain benefits by virtue of his position as such, to include among others, appointment of persons in his office, projects which may redound to the benefits and privileges that may be possible under the law. The above mentioned parties shall oversee the implementation of this COVENANT. IN WITNESS WHEREOF, the parties hereto have set their hands this MAY 05 2010 in QUEZON CITY.

(Signed)