TITLE: Phil. Guardians v.

COMELEC
G.R. NO. DATE:
PONENTE: TOPIC:
FACTS OF THE CASE:
Petitioner Philippine Guardians Brotherhood, Inc. (PGBI), represented by George Duldulao, was among
the parties removed from the roster by COMELEC through its Resolution No. 8679, in accordance with
Section 6 (8) of Republic Act No. 7941, also known as the Party-List System Act which 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:

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(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.

Petitioner’s party was removed because it was not able to acquire 2% of the votes cast in the 2004
elections, and failed to participate in the subsequent elections.
PROCEDURAL HISTORY:
The PGBI then filed an opposition to the resolution, citing the ruling of MINERO v. COMELEC, but was
denied for lack of merit. Petitioner elevated the matter to Supreme Court through filing a petition for
certiorari. PGBI claimed that the dismissal of the petition was contrary to law, the evidence and existing
jurisprudence. Essentially, PGBI asserts that the applied section of RA 7941 does not apply if one is to
follow the tenor and import of the deliberations inclusive of the interpellations in Senate Bill No. 1913 on
October 19, 1994.
STATEMENT OF ISSUE/S:
whether there is legal basis for delisting PGBI
HOLDING
The Minero ruling cannot be applied in this case, therefore, it cannot sustain PGBI’s delisting from the
roster of register national, regional or sectoral parties, organizations or coalitions under the party-list
system. The COMELEC may 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 if it: (1) fails to participate in the last two (2) preceding elections; OR (2) 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. The word “OR” is a disjunctive term indicating disassociation
and independence of one thing from the other things enumerated. With this, the law provides for two
separate reasons for delisting.
notes, if any: