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WHEREAS, there are national, regional and sectoral parties or organizations currently registered under the party-list system;
WHEREAS, Section 6, item no. 8 of Republic Act No. 7941, otherwise known as the Party-List System Act, provides:
"Section 6. Removal and/or Cancellation of Registration. - The COMELEC may motu proprio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:
x x x x x x x x x
(8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered."
WHEREAS, COMELEC Resolution No. 2847 promulgated 25 June 1996 entitled "In Re: Rules and Regulations Governing the Election of the Partly-List Representatives through the Party-List System", which states:
"Sec. 6. Removal and/or Cancellation of Registration. - The Commission may motu proprio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:
x x x x x x x x x
(8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered."
WHEREAS, many of these registered national, regional or sectoral parties or organizations failed to comply with the foregoing provisions;
NOW, THEREFORE, pursuant to the powers granted by the Constitution, the Omnibus Election Code, Republic Act No. 7941 and other election laws, the Commission hereby promulgates this resolution.
Section 1. Requirement for party-list to report its participation in the election. - Every national, regional and sectoral party or organization or coalitions thereof registered prior to the May 14, 2001 elections is hereby required to inform the Commission, in writing within ten (10) days from notice as to whether or not it had manifested to participate in the party-list elections in the May 14, 2001 and May 10, 2004 Election and obtained at least two (2) percent of the votes cast under the party-list system. Said written information should be filed with the Office of the Clerk of the Commission not later than October 2, 2006 copy furnished the Law Department.
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 failure to participate in May 14, 2001 and May 10, 2004 Elections and Failure to obtain at least two per centum of the total votes cast for the party-list system 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 national, regional or sectoral parties or organizations or coalitions thereof to participate in the party-list system elections and to obtain two (2) percent of the votes cast under the party-list system during the May 14, 2001 and May 10, 2004 elections, the same shall be set for hearing by the Commission en banc, wherein the party-list party or organization concerned shall be given the opportunity to show cause why its registration should not be cancelled on the basis of such proof or confirmation. Thereafter, the Commission shall decide the matter.
Section 4. Duty of the Election Records and Statistics Department. - The Election Records and Statistics Department shall submit to the Law Department and the Clerk of the Commission the list of party-list party, organization or coalitions thereof who participated in the elections with their corresponding numbers of voters with percentage during the last two (2) preceding elections.
Section 5. Effectivity. - This resolution shall effect seven (7) days after publication in two newspapers of general circulation.
Section 6. Dissemination. - The Education and Information Department shall cause the widest 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.
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