WHEREAS, out of the fifty-seven (57) party-list seats available for the May 10, 2010 Automated National and Local Elections, only three (3) seats remain to distributed as fifty-four (54) seats have already been allocated;
WHEREAS, on December 01, 2010, the Commission En Banc promulgate Resolution No. 9106 for the purpose of amending the Certificate on Canvass for the national positions of the Province of Lanao del Sur “to include the May 10, 2010 National Elections results for the Municipalities of Kapai and Calanogas and to reinstate the results whice were deducted from the total results reflected in the Provincial SOV/COC of November 13, 2010 in the Municipality of Tugaya”

WHEREAS, on July 26, 2010 and December 3, 2010, respectively BUTIL FARMERS PARTY filed a petition for the allocation of an additional seat and proclamation of the their second nominee, and for the deferment of the convening of the National Board of Canvassers, arguing among others that NBC Resolution No. 10-009, promulgated following the procedure laid down by the Supreme Court in the Banat case is inconsistent with proportional representation;

WHEREAS, on December 6, 2010 BUTIL FARMERS PARTY filed a motion for the conduct of the computation of the votes of the remaining party-list winners in the May 10, 2010 Party-List Elections in a public hearing;

WHEREAS, on November 19 and 20 2010, Aksyon Magsasaka Partido Tinig ng  Masa (AKMA-PTM) filed a manifestation and a supplement to the manifestation both for the deferment of the proclamation of the remaining winning party-list candidates, based on alleged failure of elections in several clustered precincts in the Municipalities of Al-barka Basilan, Sumisip, Tabuan Lasa in the Province of Basilan, Sapa-Sapa in Tawi-Tawi, Indanan in Sulu, and Datu Abdullah Sangki, Maguindanao;

WHEREAS, on December 6, 7 and 8, 2010, the Commission, sitting en banc as the National Board of Canvassers for Senators of the Republic of the Philippines and Party-List Representatives, convened and canvassed the amended Provincial Certificate of Canvass of Lanao del Sur for the national positions which contained the results of the November 13, 2010 Special Elections as well as the remaining uncanvassed results of the senatorial and party-list elections in said province;

WHEREAS, on December 7, 2010, VETERANS FREEDOM PARTY filed a petition for the recount of votes alleging discrepancies in the counting consolidation, canvassing and transmission of votes during the May 10, 2010 Automated National and Local Elections;

WHEREAS, on December 08, 2010, the Audit and Tabulation Groups submitted their joint memorandum-report, consolidating the votes for the Party-List Elections of May 10, 2010 and making necessary minor corrections to reflect the true and actual number of votes garnered by the Party-List Groups;

WHEREAS, said Audit and Tabulation Group joint memorandum-report had been incorporated in the Consolidation and Canvassing System (CCS);

WHEREAS, on December 8, 2010, as a result of the canvass, the Commission, sitting en banc as the National Board of Canvassers for the Party-List, Issued National Canvass Report No. 11 for Party-List (BY RANK),which provides among others that the next three (3) slots are occupied by the following party-list groups:

NOW, THEREFORE, in view of the foregoing, the Commission, sitting en banc as the National Board of Canvassers for Senators of the Republic of the Philippines and Party-List Representatives, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369, 8436, 7941, 7166, 6646 and other related election laws, RESOLVED, as it hereby RESOLVES:

1. TO DISMISS the July 26, 2010 petition and TO DENY the December 3, and 6, 2010 motions of BUTIL FARMERS PARTY for lack of merit and for being inconsistent with the formula laid down by the Supreme Court in Banat vs. COMELEC for the determination of the allocation of seats for partial representatives;
2. TO DENY the November 19, and 20, 2010 manifestation of Aksyon Magsasaka-Partido Tinig ng Masa (AKMA-PTM) for lack of merit;
3. TO DISMISS the December 7, 2010 petition of VETERANS FREEDOM PARTY for lack of factual basis; and
4. TO PROCLAIM the following party-list groups as winners in the party-list election of May 10, 2010 entitled to one (1) seat each:
   1. ADHIKAING TINATAGUYOD NG KOOPERATIBA (ATING-KOOP)
   2. KASOSYO PRODUCER-CONSUMER EXCHANGE ASSOCIATION (AA-KASOSYO), INC. and
   3. ASSOCIATION OF LABORERS AND EMPLOYERS (ALE)

 

SO ORDERED.

 

 

(Sgd.) JOSE A.R. MELO Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(Sgd.) NICODEMO T. FERRER Commissioner
(Sgd.) LUCENITO N. TAGLE Commissioner	(On Official Business) ARMANDO C. VELASCO Commissioner
(Sgd.) ELIAS R. YUSOPH Commissioner	(Sgd.) GREGORIO Y. LARRAZABAL Commissioner





 






Updated: 01.13.12 JJSH