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    17A - Dayao vs. Comelec

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    Renard Enrile
    This document summarizes a Supreme Court case regarding a petition to cancel the registration of LPG Marketers Association, Inc. (LPGMA) as a sectoral party-list organization. The Commission on Elections (COMELEC) dismissed the complaint, saying it was a belated opposition to LPGMA's initial registration petition. However, the Supreme Court ruled that COMELEC's dismissal was invalid, as the law allows for cancellation complaints after registration, and the terms "refusal and/or cancellation" in the law refer to separate processes. Nonetheless, the Court dismissed the petitions in light of a recent COMELEC resolution on the matter.

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    17A - Dayao vs. Comelec

    Uploaded by

    Renard Enrile
    60 views1 page
    This document summarizes a Supreme Court case regarding a petition to cancel the registration of LPG Marketers Association, Inc. (LPGMA) as a sectoral party-list organization. The Commission on Elections (COMELEC) dismissed the complaint, saying it was a belated opposition to LPGMA's initial registration petition. However, the Supreme Court ruled that COMELEC's dismissal was invalid, as the law allows for cancellation complaints after registration, and the terms "refusal and/or cancellation" in the law refer to separate processes. Nonetheless, the Court dismissed the petitions in light of a recent COMELEC resolution on the matter.

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    17A_Dayao vs. Comelec

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    This document summarizes a Supreme Court case regarding a petition to cancel the registration of LPG Marketers Association, Inc. (LPGMA) as a sectoral party-list organization. The Commission on Elections (COMELEC) dismissed the complaint, saying it was a belated opposition to LPGMA's initial registration petition. However, the Supreme Court ruled that COMELEC's dismissal was invalid, as the law allows for cancellation complaints after registration, and the terms "refusal and/or cancellation" in the law refer to separate processes. Nonetheless, the Court dismissed the petitions in light of a recent COMELEC resolution on the matter.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views1 page

    17A - Dayao vs. Comelec

    Uploaded by

    Renard Enrile
    This document summarizes a Supreme Court case regarding a petition to cancel the registration of LPG Marketers Association, Inc. (LPGMA) as a sectoral party-list organization. The Commission on Elections (COMELEC) dismissed the complaint, saying it was a belated opposition to LPGMA's initial registration petition. However, the Supreme Court ruled that COMELEC's dismissal was invalid, as the law allows for cancellation complaints after registration, and the terms "refusal and/or cancellation" in the law refer to separate processes. Nonetheless, the Court dismissed the petitions in light of a recent COMELEC resolution on the matter.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    EN BANC

    G.R. No. 193643 : January 29, 2013

    ANTONIO D. DAYAO, ROLANDO P. RAMIREZ and ADELIO R. CAPCO, Petitioners, v.COMMISSION


    ON ELECTIONS and LPG MARKETERS ASSOCIATION, INC., Respondents.

    REYES, J.:

    Facts: This is a petition for certiorari under Rule 65 of the Rules of Court, with prayer for the issuance of a
    TRO, seeking the annulment of the Resolution of COMELEC denying the complaint filed by petitioners for
    the cancellation of the registration of private respondent LPG Marketers Association, Inc. (LPGMA) as a
    sectoral organization under the Party-List System of Representation.

    Private respondent LPGMA is a non-stock, non-profit association of consumers and small industry players
    in the LPG and energy sector who have banded together in order to pursue their common objective of
    providing quality, safe and reasonably priced gas and oil products. On May 21, 2009, LPGMA sought to
    advance its cause by seeking party-list accreditation with the COMELEC, through a petition for
    registration as a sectoral organization for the purpose of participating in the May 10, 2010 elections.

    Individual petitioners lodged before the COMELEC a complaint for the cancellation of LPGMAs
    registration as a party-list organization. The complaint proffered in essence that LPGMA does not
    represent a marginalized sector of the society because its incorporators, officers and members are not
    marginalized or underrepresented citizens since they are actually marketers and... independent re-fillers
    of LPG that control 45% of the national LPG retail market and have significant ownership interests in
    various LPG refilling plants.

    LPGMA countered that Section 5(2), Article VI of the 1987 Constitution does not require that party-list
    representatives must be members of the marginalized and/or underrepresented sector of the society.

    In the assailed Resolution, COMELEC dismissed the complaint that it is actually a belated opposition to
    LPGMA's petition for registration which has long been approved with finality on January 5, 2010. 

    Section 6 (Refusal and/or Cancellation of Registration) of R.A. No. 7941 or the Party-List System Act lays
    down the grounds and procedure for the cancellation of party-list accreditation.

    Issue: Whether or not the COMELEC’s dismissal of the complaint for cancellation is valid.
    Ruling: No. There was no valid justification for the dismissal of the complaint for cancellation. An
    opposition to a petition for registration is not a condition precedent to the filing of a complaint for
    cancellation.

    The legal meaning of the term "and/or" between "refusal" and "cancellation" should be taken in its
    ordinary significance "refusal and/or cancellation" means "refusal and cancellation" or "refusal or
    cancellation". It has been held that the intention of the legislature in using the term "and/or" is that the
    word "and" and the word "or" are to be used interchangeably.

    Further, the clear intent of the law is bolstered by the use simply of the word "or" in the first sentence of
    Section 6 that "the COMELEC may, motu propio or upon verified complaint of any interested party, refuse
    or cancel, after due notice and hearing, the registration of any national, regional or sectoral party,
    organization or coalition.

    Consequently, the COMELECs conclusion that the complaint for cancellation, filed four (4) months after
    the petition was approved, is actually a belated opposition, obliterates the distinction between the power
    to register/refuse and the power to cancel.

    However, in light of COMELEC Resolution dated December 13, 2012, the present petitions ought to be
    DISMISSED.

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