The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) and the Office of the Solicitor General (OSG) on Wednesday filed a petition before the Supreme Court (SC) seeking to nullify the Commission on Elections’ (COMELEC) proclamation of GABRIELA Women’s Party as the winner of the 64th seat in the House of Representatives.
Filed as a petition for certiorari and prohibition with a very urgent prayer for a temporary restraining order, the case argues that the proclamation violates the constitutional limit of 20 percent partylist representation in the House of Representatives.
“The mathematics is not up for creative interpretation. At 254 districts, the lawful ceiling computes to 63 party-list seats. A 64th seat crosses the constitutional line and distorts the people’s mandate,” NTF-ELCAC Executive Director Undersecretary Ernesto Torres Jr. said.
The petition also questioned the poll body’s decision to proclaim GABRIELA despite a pending 2019 cancellation case against the group, calling it a violation of the equal protection clause.
Petitioners noted that other partylists with pending cases had their proclamations withheld.
Should the proclamation already be in effect, the petition asked for a status quo ante order restoring the House composition to 63 partylist seats.
“This is not about ideology; it is about the Constitution,” Torres said.
“Every seat added beyond the 20% limit is one seat too many—unlawful, corrosive of institutional integrity, and ultimately a disservice to voters,” he added.
