Comelec Dismisses Petition vs AKO Bicol

MANILA, July 28  -- The Commission on Elections (Comelec) has dismissed the petition against Ako Bicol Party-list (AKB) questioning the legitimacy of the organization.

In a 14-page resolution, the Comelec Second Division approved the presence of the AKB in the party-list race as it cited the group being regional political party and not a representative of a particular sector.

"In a way, marginalized and underrepresented political parties refer to groups advocating certain ideologies, principles and policies relating to the general conduct of government, which, because of domination of traditional politicians, major political parties and vested groups, could not win in the congressional district elections," said the resolution, dated June 29.

It further stated, "This refers to groups, whose political agenda and advocacies could not be heard since they are incapable of winning a seat in Congress through the regular congressional election traditionally won by deeply entrenched politicians in the district."

The poll body also acknowledged that the party was able to get the highest number of votes in the last May 10 polls with 1,522,986.

"If there is an iota of doubt as to the qualification of AKB, the same should be resolved in its favor. AKB has garnered the most number of votes for the party-list groups. The electorate has spoken, a majority of them from the Bicol region. Their will should be respected and upheld," the ruling added.

On July 26, a motion for reconsideration was filed by petitioners Marites Corteza-Lopez, Mae Ann Michelle Villagomez and Michael Malano, all residents of the Bicol Region, but it was filed after the allowable period, which was only three days upon receipt of the order.

Without an appeal filed to the Commission en banc, the ruling of the Second Division has been deemed final and executory.

"Considering that as stated in the Certification issued by the Philippine Postal Office Corporation, dated July 21, 2010, that a copy of the resolution was received by Atty. Julius Matibag on July 6, 2010 and up to the present there has been no motion for reconsideration or any other similar actions, the resolution dated June 29 has now become final and executory," said the "Entry of Judgment" order of the Second Division.

With this, the Comelec ordered the issuance of Certificate of Proclamation to the three nominees of AKB, namely Christopher Co, Rodel Batocabe and Alfredo Garbin, Jr. (PNA)