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6 November, 2009
The Honourable Commissioners
Commission on Elections
Intramuros, Manila
Philippines
Dear Honourable Commissioners:
We, members of Ontario Committee for Human Rights in the Philippines (OCHRP),
a human rights network of workers, church people, students and migrant
Filipinos that promotes awareness of human rights issues concerning the
Philippines and the situations of overseas workers from the Philippines in
Canada, appeal to the Honourable Commissioners to review the en banc
decision contained in Resolution 8679 delisting the Migrante Sectoral
Party.
We believe that your decision is unfair which has deprived the migrant
sector the chance for sectoral representation in the House of
Representatives through the party-list election.
We would like to underscore the fact that the decision was done without
due process. Section 6 of the Party-list System Act clearly states that
removal or cancellation of registration of party-list groups can only be
done after due notice and hearing was conducted.
We also would like to reiterate the facts mentioned by Migrante Canada in
its statement:
The Comelec resolution has cited number 8 of section 6 of the Party-List
System Act as the ground for delisting Migrante where it says "(8) it
fails to participate in the last two elections or fails to obtain at least
two percentum of the votes cast under the partylist system in the two
preceding elections for the constituency in which it has registered." We
state that the MSP participated in the 2004 partylist elections, but,
unfortunately, failed to garner the required 2% of the votes cast. Then
the MSP did not participate in the 2007 elections after formally informing
the COMELEC months before the elections. The failure to gain two percentum
of votes happened only once – in 2004 – not twice; and not in two
preceding elections; and the ‘’failure’’ to participate in the elections
happened only once – in 2007 – not twice, and not in two preceding
elections. It is therefore erroneous, if not malicious, for the COMELEC to
delist the MSP and some other sectoral groups on the basis of Section 6,
Item 8 of RA 7941.
We may remind the COMELEC that as a constitutional body, it is bound by
law to promote and protect the interest of all Filipinos and ensure that
all marginalized sectors are given the opportunity to participate in the
party-list election, thus to be represented in the House of
Representatives for the protection of their rights.
We urge the COMELEC to quickly respond to the Verified Petition filed in
its office last October 26, 2009. We appeal to the Honourable
Commissioners to review your decision to delist Migrante Sectoral Party,
and thereupon reinstate Migrante Sectoral Party as duly qualified party to
run in the party-list election next year.
We truly hope for your immediate attention to this matter.
Yours sincerely,
Yasmeen Khan
Ontario Committee for Human Rights in the Philippines (OCHRP)
Ottawa, Ontario, Canada
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November 5, 2009
The Honourable Commissioners
Commission on Elections,
Intramuros, Manila
Dear Honourable Commissioners:
Philippine Migrants Society of Canada (PMSC) is asking that the Commission
re-consider its decision on delisting the Migrante Sectoral PartyList (MSP)
which prevents it from participating in the 2010 elections.
The Commission's decision is unfair and deprives us - the migrants
overseas - our chance for sectoral representation in the House of
Representatives through the party-list election.
Section Six (6) of the Party-list System Act clearly states that removal
or cancellation of registration of party-list groups can only be done
after due notice and hearing was conducted – and your decision was done
without this required due process.
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The MSP participated in the
2004 partylist elections, but, unfortunately, did not get the required 2%
of the votes cast. The MSP informed the Comelec that it was not
participating in the 2007 elections. The failure to gain two percentum of
votes happened only once – in 2004 – not twice; and not in two preceding
elections; and the ‘’failure’’ to participate in the elections happened
only once – in 2007 – not twice, and not in two preceding elections. Thus,
there is no reason to delist the MSP!
The COMELEC must promote and protect the interest of all Filipinos and
ensure that all marginalized sectors are given the opportunity to
participate in the party-list election, thus to be represented in the
House of Representatives for the protection of their rights.
I urge the Honourable Commissioners to review this decision, and thereupon
reinstate Migrante Sectoral Party as a duly qualified party to run in the
party-list election in 2010.
Yours sincerely,
Judylaine Payumo
President
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