Mar Roxas upheld as LP head
he Supreme Court has affirmed the election of Liberal Party vice presidential candidate Manuel “Mar” Roxas II as party president as it junked the petition of renegade LP members led by former environment secretary Jose “Lito” Atienza Jr.
The high court, in a unanimous vote (with one abstention) affirmed the Commission on Elections’ decision to uphold Roxas’s election on Nov. 26, 2007 as party president as well as the party’s decision to expel a group of “pro-administration” members led by Atienza.
Atienza along with Representatives Matias Defensor Jr. of Quezon City, Rodolfo Valencia of Oriental Mindoro, Danilo Suarez of Quezon, Solomon Chungalao of Ifugao, Antique Gov. Salvacion Zaldivar-Perez, former representatives Harlin Cast-Abayon of Northern Samar and Melvin Macusi of La Union and former LP director general Eleazar Quinto had asked the high court to nullify their expulsion from the party as well as Roxas’ presidency.
“The Comelec did not gravely abuse its discretion when it upheld Roxas’ election as LP president but refused to rule on the validity of Atienza et al’s expulsion from the party,” the high tribunal declared, referring to the poll body’s resolution last June 18, 2009.
It said Comelec was right to rule on the legitimacy of Roxas’ election because this was part of its function to register political parties and to recognize their legitimate leaders.
The Comelec was also correct in not touching the issue of Atienza et al’s expulsion, the court said in a decision penned by Associate Justice Roberto Abad.
“Under the circumstances, the validity or invalidity of Atienza et al’s expulsion was purely a membership issue that had to be settled within the party. It is an internal party matter over which the Comelec has no jurisdiction,” the Supreme Court stressed.
The court did not give way to Atienza’s claim that they were denied due process when they were expelled.
“Such expulsion is for the moment an issue of party membership and discipline in which the Comelec can not intervene, given the limited scope of its power over political parties,” it said.
“The Comelec’s jurisdiction over intra-party disputes is limited. It does not have blanket authority to resolve any and all controversies involving political parties. Political parties are generally free to conduct their activities without interference from the state. The Comelec may intervene in disputes internal to a party only when necessary to the discharge of its constitutional functions,” it added.
The Comelec has already listed re-electionist Manila Mayor Alfredo Lim as the LP candidate and Atienza as an independent candidate.
The high court, in a unanimous vote (with one abstention) affirmed the Commission on Elections’ decision to uphold Roxas’s election on Nov. 26, 2007 as party president as well as the party’s decision to expel a group of “pro-administration” members led by Atienza.
Atienza along with Representatives Matias Defensor Jr. of Quezon City, Rodolfo Valencia of Oriental Mindoro, Danilo Suarez of Quezon, Solomon Chungalao of Ifugao, Antique Gov. Salvacion Zaldivar-Perez, former representatives Harlin Cast-Abayon of Northern Samar and Melvin Macusi of La Union and former LP director general Eleazar Quinto had asked the high court to nullify their expulsion from the party as well as Roxas’ presidency.
“The Comelec did not gravely abuse its discretion when it upheld Roxas’ election as LP president but refused to rule on the validity of Atienza et al’s expulsion from the party,” the high tribunal declared, referring to the poll body’s resolution last June 18, 2009.
It said Comelec was right to rule on the legitimacy of Roxas’ election because this was part of its function to register political parties and to recognize their legitimate leaders.
The Comelec was also correct in not touching the issue of Atienza et al’s expulsion, the court said in a decision penned by Associate Justice Roberto Abad.
“Under the circumstances, the validity or invalidity of Atienza et al’s expulsion was purely a membership issue that had to be settled within the party. It is an internal party matter over which the Comelec has no jurisdiction,” the Supreme Court stressed.
The court did not give way to Atienza’s claim that they were denied due process when they were expelled.
“Such expulsion is for the moment an issue of party membership and discipline in which the Comelec can not intervene, given the limited scope of its power over political parties,” it said.
“The Comelec’s jurisdiction over intra-party disputes is limited. It does not have blanket authority to resolve any and all controversies involving political parties. Political parties are generally free to conduct their activities without interference from the state. The Comelec may intervene in disputes internal to a party only when necessary to the discharge of its constitutional functions,” it added.
The Comelec has already listed re-electionist Manila Mayor Alfredo Lim as the LP candidate and Atienza as an independent candidate.
posted by Mailster at 10:00 PM
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