COCOFED vs.

COMELEC

G.R. No. 207026

August 6, 2013

Petitioner: COCOFED (Philippine Coconut Producers Federation, Inc.)

Respondent: COMELEC
POWER, COMPOSITION, QUALIFICATION, AND TERM OF OFFICE
Facts: COCOFED members: coconut farmers and producers (as the name suggests.)
May 29, 2012 COCOFED manifested its intent to participate to the COMELEC.
Submitted only two nominees! (Atty Calderon and Espina)
Aug 23, 2012 Summary hearing of COCOFEDs legal requirements
Nov 7, 2012 COMELEC cancelled COCOFEDs registration and accreditation on
several grounds, one of which is its (COCOFEDs) failure to submit at least 5 nominees.
Dec 4, 2012 Several changes in the nominee list; Avila to replace Espina, Villasenor to
be added to the roster (making it three (3) nominees now.)
**COCOFED, among several others, questioned the COMELECs cancellation of its
registration and accreditation.. By reason of Status Quo Ante issued by SC, the said group was
still included in the final ballot form.
April 2, 2013 Atong Paglaum Case promulgation; all petitions to be remanded back to
COMELEC.
May 10, 2013 COMELEC maintained the cancellation of COCOFEDs registration;
failure to comply with the minimum 5-nominees rule
As early as Feb.8, 2012, notices were given with regard to the minimum of 5
nominees (sec.8 RA7941)
On Aug.23 summary hearing, COMELEC pointed this out to COCOFED
May 20, 2013 COCOFED filed a manifestation with urgent request to admit additional
nominees with the COMELEC (Guitterez and de Asis as the 4th and 5th nominees, respectively.)
May 24, 2013 COMELEC resolution declaring the cancellation of COCOFEDs
accreditation as final!
Issues: WoN the petition is moot and academic No!
The subject matter was the validity of COCOFEDs accreditation such that, should it
wish so, the said group would register anew again tomorrow.
Validity of accreditation is not affected by the result of the polls.
WoN the failure of COCOFED to submit at least 5 nominees warrants the cancellation
of their registration YES!
a. The language of Sec 8 of RA 7941 does not only use the word shall in connection
with the requirement of submitting a list of nominees; it uses this mandatory term in

conjunction with the number of names to be submitted (that is phrased negatively)

legislative intent to make the at-least 5 nominees as a statutory requirement.
b. No grave abuse of discretion on the part of COMELEC.
Notice of information of COMELEC regarding Sec.8 of RA 7941 & the clear letter of the
Law itself = PARTIES WERE GIVEN DUE NOTICE!
COCOFEDs manifestation w/urgent request to admit additional nominees AFTER the
elections = Betrays the emptiness of COCOFEDs plea for prior notice
COCOFED never submitted the reason for its non-compliance
c. The fact that a party-list group is entitled to no more than 3 seats in the HoR does not render
Sec. 8 of RA 7941 as permissive.
List of Nominees = published through newspapers of gen circulation because of the
peoples right to make an informed vote!
5 nominees = to make way for contingencies! (If the candidate either died, became
incapacitated, or expressly has written his/her resignation)
d. Party-list = national constituency whose interests call for representation (dapat)
But if it cannot even come up with a complete list of nominees, then it is highly doubtful
that it can truly represent the interests of those it seeks to representthus, defeating its own
purpose.
If the party cannot even come up with a complete list of names out of a purported more
than one million members, then it is highly doubtful the COCOFED will meet this
expectation [to contribute to the formulation and enactment of legislation beneficial for the
nation as aa whole.]
e. The sixth parameter in Atong Paglaun guideline that a disqualified nominee cannot
disqualify the party itselfdoes not or cannot excuse a partys inexcusable failure to comply
with the basic requirements.
**Petition dismissed!