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Pertinent Laws Relative to Elections

RESOLUTION No. 7717
IN THE MATTER OF THE FAILURE OF REGISTERED POLITICAL PARTIES TO COMPLY WITH SECTION 60 OF THE OMNIBUS ELECTION CODE

Promulgated: 25 September 2006

WHEREAS, there are political parties, including coalitions of political parties, currently registered with the Commission, with national, regional and local constituencies;

WHEREAS, many of these political parties have been unheard of or are otherwise dormant for years since their registration with the Commission;

WHEREAS, such state of dormancy or inactivity defeat the very purpose of their existence, which is to involve themselves actively in the affairs government in order to pursue their ideology, political ideas or platforms of government;

WHEREAS, the present number of registered political parties and coalitions of political parties has given rise to administrative problems and unnecessary expenses for the Commission in the accreditation of watchers and their accommodation in all phases of the political exercise;

WHEREAS, Section 60 of the Omnibus Election Code mandates that:

x x x      x x x     x x x

Any registered political party that, singly or in coalition with others, fails to obtain at least ten percent of the votes cast in the constituency in which it nominated and supported a candidate or candidates in the election next following its registration shall, after notice and hearing, be deemed to have forfeited such status as registered political party in such constituency."

WHEREAS, Section 8, Rule 32 of the Comelec Rules of Procedure, provides:

"Sec. 8. Cancellation of Registration. - Upon verified complaint of any interested party, or motu proprio by the Commission, the registration of any political party, coalition of political parties or organization under the party-list system may be cancelled after due notice and hearing on the following grounds:

x x x      x x x     x x x

f) Failure to field official candidates in the last two preceding elections or failure of their candidates to obtain at least (5) per centum of the votes cast in the last two preceding elections.”

NOW, THEREFORE, pursuant to the powers granted by the Constitution, the Omnibus Election Code and other election laws, the Commission promulgates this resolution.

Section 1. Requirement for political parties to report participation in the elections. - Every political party, or coalition of political parties duly registered in the Commission On Elections is herby required to informed the Commission, in writing within ten (10) days from notice, as to whether or not it had field candidates and obtained at least ten percent (10%) of the votes in the constituency for which it was registered during the May 14, 2001 and May 10, 2004 Elections. Said written information should be filed with the Office of the Clerk of the Commission, Intramuros, Manila not later than October 2, 2006.

Format the written information is hereto attached as Annex "A".

Section 2. Effect of failure to comply. -Failure to comply with the preceding requirement despite due notice shall constitute prima facie evidence of democracy or inactivity of the political party concerned, and shall be a cause for the cancellation of its registration.

Section 3. Notice and hearing of cancellation. - Upon confirmation or proof of the failure of political to field candidates and to obtain ten percent of the voters cast in the constituency during the May 14, 2001 and May 10, 2004 Elections, the same shall be set for hearing by the Commission en banc, wherein the political party concerned shall be given the opportunity to show cause why registration should not be cancelled on the basis of such proof or confirmation. Thereafter, the Commission shall decide the matter.

Section 4. Effectivity. - This resolution takes effect seven (7) days after its publication in two (2) newspapers of general circulation in the Philippines.

Section 5. Dissemination. - The Education and Information Department shall cause the publication hereof in two (2) newspapers of general circulation.

The Clerk of the Commission shall furnish copies of this Resolution to the national, regional and sectoral parties or organizations registered under the party-list.

SO ORDERED.