What are the grounds for changing the list of nominees submitted to the COMELEC by a paty-list organization?

      TOPICS:

1. Grounds for changing the order of nominees in the party-list organization.
2. Requisites of a valid IRR  

Lokin, Jr. vs. COMELEC

FACTS:

Citizens' Battle Against Corruption (CIBAC), through its President, Joel Villanueva, filed a certificate of nomination, substitution, and amendment of the list of their nominees for the 2007 elections. 

As submitted before the COMELEC, CIBAC's nominees are in the following order: Villanueva, Lokin, Cruz-Gonzales, Tugna, and Galang. However, Villanueva sought that COMELEC confirm the withdrawal of the nominations of Lokin, Tugna, and Galang, and approve the following new nominees in the following order: Villanueva, Cruz-Gonzales, and Borje. 

The COMELEC approved the new nominees by virtue of COMELEC Resolution No. 7804. Section 13 of COMELEC Resolution No. 7804 recognizes the withdrawal of a nominee by the party as one of the exceptions in the general rule that no change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC.

ISSUE:

Whether or not COMELEC's Resolution No. 7804 approving CIBAC's petition for withdrawal of the nominations of Lokin and others and its substitution of them with new nominees was valid. 

RULING: 

I. 

No, COMELEC Resolution No. 7804, which approves CIBAC's petition for withdrawal, nomination, and substitution, is not valid. 

The Supreme Court ruled that an administrative agency cannot amend an act of Congress, for administrative IRRs are solely intended to carry out, not to supplant or to modify, the law.

In this case, Section 8 of R.A. No. 7941 exclusively enumerates the three instances in which the party-list organization can substitute another person in place of the nominee whose name has been submitted to the COMELEC, namely: (a) when the nominee dies; (b) when the nominee withdraws in writing his nomination; and (c) when the nominee becomes incapacitated." However, Section 13 of the COMELEC Resolution No. 7804 expanded the exceptions under Section 8 of R.A. No. 7941 when it added "withdrawal by the party" as a ground for substituting a nominee in a party-list. 

Therefore, the inclusion of withdrawal by the party as among the exceptions exclusively enumerated under the law is invalid. Thus, approval of the petition of CIBAC to withdraw Lokin as one of its nominees is invalid. 

  

STATUTORY CONSTRUCTION DISCUSSION

1. What are the conflicting provisions in this case? 
1. Section 8 of R.A. No. 7941 provides that no change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where the nominee dies, or withdraws in writing his nomination, becomes incapacitated.
2. Section 13 of COMELEC Resolution No. 7804 provides that the a party-list nominee may be substituted only when he dies, or his nomination is withdrawn by the party, or he becomes incapacitated to continue as such, or he withdraws his acceptance to a nomination.
3. Unlike Section 8 of R.A. No. 7941, Section 13 of COMELEC Resolution No. 7804 provides four instances, the fourth being when the "nomination is withdrawn by the party."
2. What is the rule in case of doubt between a general provision and its exception? 
1. Exceptions are subject to the rule of strict construction; hence, any doubt will be resolved in favor of the general provision and against the exception.
3. What is the rule in case of a conflict between a law and its IRR?
1. An IRR adopted pursuant to the law is itself law.
2. In case of conflict between the law and the IRR, the law prevails.
3. An administrative agency cannot amend an act of Congress for administrative IRRs are solely intended to carry out, not to supplant or to modify, the law.
4. What are the requisites of a valid IRR?
1. Its promulgation must be authorized by the Legislature;
1. In this case, COMELEC is mandated by the 1987 Constitution and the legislature, through the BP 881 or the Omnibus Election Code, and R.A. 7941 or the Party-List Act to enforce and administer all laws and regulations relative to the conduct of an election, a plebiscite, an initiatie, a referendum, and a recall. 
2. It must be within the scope of the authority given by the Legislature;
1. In this case, the COMELEC went beyond the authority given by the Legislature when it expanded the exceptions exlcusively enumerated by the Legislature under Section 8 of R.A. 7941. Change of names or alteration of the order of nominees shall be allowed only when the nominee dies, or withdraws in writing his nomination, or becomes incapacitated. It does not include the ground when the nomination is withdrawn by the party.  
3. It must be promulgated in accordance with the prescribed procedure; and
1. In this case, Resolution No. 7804 underwent the procedural necessities of publication and dissemination in accordance with the procedure prescribed in the resolution itself.
4. It must be reasonable.
1. In this case, COMELEC Resolution No. 7804 is not reasonable on the basis that the insertion of a new ground was invalid. 

Full text here.