1. Registration; Grounds for Cancellation of Registration

Party-List Registration; Grounds for Cancellation

Under RA 7941, an organized group may seek party-list registration by filing a petition with the COMELEC not later than 90 days before the election, verified by its president or secretary and accompanied by the required organizational documents and information. ¹ The COMELEC must publish the petition in at least two national newspapers of general circulation and resolve it after due notice and hearing within 15 days from submission for decision, but not later than 60 days before the election. ¹ In Ang Ladlad LGBT Party Represented Herein by Its Chair v. COMELEC, G.R. No. 190582, 8 April 2010, the Court held that the statutory list of sectors is illustrative, not exhaustive, and that moral disapproval alone cannot justify exclusion from the party-list system. ²

After due notice and hearing, the COMELEC may, on its own initiative or upon an interested party’s verified complaint, refuse or cancel registration if the group: (1) is organized for religious purposes; (2) advocates violence or unlawful means; (3) is foreign; (4) receives foreign support for partisan election purposes; (5) violates election laws, rules, or regulations; (6) makes untruthful statements in its petition; (7) has ceased to exist for at least one year; or (8) fails to participate in the last two preceding elections or to obtain at least 2% of party-list votes in the two preceding elections for its registered constituency. ³ Dayao v. COMELEC, G.R. No. 193643, 29 January 2013, distinguishes refusal of a pending application from cancellation of an approved registration. ⁴

In Abang Lingkod Party-List v. COMELEC, G.R. No. 206952, 22 October 2013, the Court held that a misrepresentation warrants cancellation only if it relates to the group’s qualification, and that a nominee’s disqualification does not automatically disqualify the group. ⁵ In Cocofed-Philippine Coconut Producers Federation, Inc. v. COMELEC, G.R. No. 207026, 6 August 2013, the Court upheld cancellation for failure to comply with statutory registration and nomination requirements, rejecting a belated attempt to complete the nominees’ list. ⁶ In An Waray Party-List v. COMELEC, G.R. No. 268546, 6 August 2024, the Court held that an action to cancel party-list registration does not prescribe and falls within COMELEC jurisdiction despite incidental effects on a sitting House member. ⁷