Case#75

PHILIPPINE GUARDIANS BROTHERHOOD, INC. (PGBI) represented by its Secretary General

George FGBF George Duldulao, "petitioner",
vs.
COMMISSION ON ELECTIONS, "respondent".
[G.R. No. 190529. April 29, 2010]
FACTS:
Respondent delisted petitioner, a party list organization, from the roster of registered national,
regional or sectoral parties, organizations or coalitions under the party-list system through its
resolution, denying also the latters motion for reconsideration, in accordance with Section 6(8)
of Republic Act No. 7941 ("RA 7941"), otherwise 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:
x x x x
(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.[Emphasis supplied.]
Petitioner was delisted because it failed to get 2% of the votes cast in 2004 and it did not
participate in the 2007 elections. Petitioner filed its opposition to the resolution citing among
others the misapplication in the ruling of"MINERO v. COMELEC," but was denied for lack of
merit. Petitioner elevated the matter to SC showing the excerpts from the records of Senate Bill
No. 1913 before it became the law in question.
ISSUES:
(1) Whether or not there is legal basis in the delisting of PGBI.
(2) Whether or not PGBIs right to due process was violated.
(1) No. The "MINERO "ruling is an erroneous application of Section 6(8) of RA 7941; hence, it
cannot sustain PGBIs delisting from the roster of registered national, regional or sectoral
parties, organizations or coalitions under the party-list system. "First",* *the law is in the plain,
clear and unmistakable language of the law which provides for two (2) separate reasons for
delisting."Second", "MINERO "is diametrically opposed to the legislative intent of Section 6(8) of
RA 7941, as PGBIs cited congressional deliberations clearly show. "MINERO "therefore simply
cannot stand.

(2) No. On the due process issue, petitioners right to due process was not violated for [it] was
given an opportunity to seek, as it did seek, a reconsideration of [COMELEC resolution]. The
essence of due process, consistently held, is simply the opportunity to be heard; as applied to
administrative proceedings, due process is the opportunity to explain ones side or the
opportunity to seek a reconsideration of the action or ruling complained of. A formal or trial-type
hearing is not at all times and in all instances essential. "The requirement is satisfied where the
parties are afforded fair and reasonable opportunity to explain their side of the controversy at
hand. What is frowned upon is absolute lack of notice and hearing" x x x. [It is] obvious [that]
under the attendant circumstances that PGBI was not denied due process.