Comelec ready to answer petition vs. Gabriela proclamation

By Ferdinand Patinio, Philippine News Agency

Comelec Chairperson George Garcia said they are ready to answer the petition filed before the Supreme Court (SC) by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). (File Photo: COMELEC/Facebook)

MANILA – The Commission on Elections (Comelec) is ready to defend its decision to proclaim the Gabriela Women’s Party as the 64th winning party-list group in the May 2025 elections.

Comelec Chairperson George Garcia said they are ready to answer the petition filed before the Supreme Court (SC) by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).

“It’s good this has been taken to the Supreme Court for clarification,” he said in a statement. “Conflict of interpretations on a question of law is ripe for judicial review. We will defend our stand.”

On Wednesday, the NTF-ELCAC asked the SC to issue a status quo ante order (SQAO) on the proclamation of Gabriela by the Comelec en banc, sitting as the National Board of Canvassers (NBOC).

According to the task force, the 64th seat in the House of Representatives would amount to 20.189 percent of the entire Lower Chamber, which would unconstitutionally exceed the 20 percent ceiling under the 1987 Constitution and Republic Act 7941, the Party-list System Act.

However, in its resolution, the Comelec said 64-seat allocations for party-lists are equivalent to 20.1258 percent party-list composition of the House of Representatives, while the 63-seat allocations for party-lists are only equal to 19.8738 percent.

“It cannot be rounded off. The Constitution says that party-list members should be 20 percent composition (of the House of Representatives),” Garcia said.

At the same time, Garcia said the concerns regarding the Gabriela party-list should be forwarded to the House of Representatives Electoral Tribunal (HRET) which now has jurisdiction over party-list organization.

“Once they are proclaimed, have taken their oath, and assumed the position, we will lose jurisdiction over them,” the Comelec head said.

The poll body on Wednesday proclaimed Gabriela’s 1st Nominee Sarah Elago, as its representative in the 20th Congress.