Comelec allows LPGMA to sit in Congress

August 18, 2010, 2:27pm

MANILA (PNA) — Another party-list group was added to the roster of organizations that would represent their group at the House of Representatives.

This after, the Commission on Elections (Comelec) has finally allowed the LPG Marketers’ Association (LPGMA) to take their seat in the Lower House after junking the petition to cancel their registration as a party-list group.

In a six-page resolution, the Comelec First Division said the petitioners failed to establish clear grounds as to why they are seeking the cancellation of LPGMA’s registration and eligibility to run as a party-list group.

“The records show that complainants failed to cite any of the above-enumerated grounds as their basis for the complaint,” said the ruling penned by Commissioner Gregorio Larrazabal, dated August 5.

Section 6 of the Party-list law states that a registration of a group may be done if it is a religious sect or denomination, organization or association; it advocates violence; is a foreign party; is receiving support from any foreign government; if it fails to comply with laws, rules or regulations relating to elections; it has declared untruthful statements in its petition; if it has ceased to exist for at least one year; and if it has failed to participate and/or win in the last two preceding elections.

Earlier, petitioners Antonio Dayao, Rolando Ramirez and Adelio Capco, claimed that the incorporators of the LPGMA do not belong to the marginalized and underrepresented in the society as they are actually part of big businesses.

Records show that its incorporators are owners of different gas refilling stations and plants, led by President Arnel Ty, who owns at least six refilling plants in Pasig City, City of Manila, Quezon City, Isabela province, Calamba City and Parañaque City.

The Comelec also ruled that the petition was filed out of time.

“LPGMA’s registration was approved January 5… Instead of opposing said registration, the complainants waited almost four months before filing the instant complaint,” said the ruling. “This belated filing, to our minds, is an unfortunate attempt to circumvent the obviously final and executory nature of the resolution.”

With the ruling, Larrazabal said LPGMA First Nominee Ty can now seat in Congress provided as soon as the ruling becomes final and executory.

On the other hand, the petitioners can file motion for reconsideration before the Comelec en banc.

Meanwhile, Comelec First Division chief Commissioner Rene Sarmiento dissented, saying that the registration of LPGMA should be cancelled since the group has failed to prove they are part of the marginalized sector.

“They are not the struggling types of LPG dealers or sellers who have difficulty eking out a living… The competition in the LPG market (also) cannot be considered a source of marginalization. Party-list System reaches out exclusively to those who cannot even have the means to put up a capital and start to compete in the market,” he said, in his 14-page dissenting opinion.