Comelec hit for revoking proclamation of Mikey's party-list group

President Gloria Macapagal-Arroyo's former election lawyer hit the Commission on Elections on Tuesday for retracting the proclamation of Ang Galing Pinoy, the party-list group of the president's son. In a radio interview, lawyer Romulo Macalintal, who is the party-list's legal counsel, said that once a candidate or party-list group is proclaimed, the Comelec no longer has jurisdiction over it. "Iyan ay jurisdiction na ng House Electoral Tribunal (It is now under the jurisdiction of the House of Representatives Electoral Tribunal). The moment you make a proclamation di pwedeng i-annul yan (you can no longer annul it)," Macalintal told dzRH radio. Macalintal quit as Mrs. Arroyo's election lawyer last May due to his position favoring the postponement of the May 10 elections. Last Monday, the Comelec proclaimed 28 party-list groups, including that of presidential son Ang Galing Pinoy (AGP), which claims to represent security guards and tricycle drivers. The group has presidential son and Pampanga Rep. Juan Miguel "Mikey" Arroyo as its first nominee. But the poll body revoked the proclamation due to a pending disqualification case filed by Bayan Muna Rep. Satur Ocampo and Gabriela Rep. Liza Maza, who questioned whether Mikey, who is reportedly out of the country, is indeed a member of AGP claims to represent. Critics doubted that Mikey really represented members of AGP who are tricycle drivers and security guards, given that he has a net worth of P99.2 million as reflected in his Statement of Assets, Liabilities and Net Worth (SALN) for 2008. Militant group Akbayan likewise asked the poll body to declare immediately the disqualification of the nominees of AGP for failing to comply with a requirement mandated by the law. Comelec Resolution 8807 requires party-list groups to submit documentary evidence to prove that their nominees truly belong to the marginalized and underrepresented sector they seek to represent. On Tuesday, Macalintal said the Comelec could not retract AGP's proclamation just because nominees face disqualification cases. "The Comelec will commit a grave error if it recalls the proclamation of Ang Galing party-list," Macalintal said in a text message sent to GMANews.TV. "Wala namang disqualification case against AGP. Ang dapat siguro malaman ng Comelec magkaiba ang party list at nominee walang disqualification. Kung ma-disqualify si Mikey, e di ang susunod, o mag put up ng bagong nominee," he said. (There is no disqualification case against AGP itself. Comelec should remember the party list and the nominee are different entities. If Mikey is disqualified, AGP can nominate someone else or have the second nominee take Mikey's place.) Macalintal pointed out how the Comelec had proclaimed several congressmen and other local winning candidates with pending disqualification cases. But the lawyer did not cite in his text message anyone in particular. "There's unequal treatment for AGP as Comelec seems to give in to mob rule and public lynching of Mikey," Macalintal said. Last Monday, the Comelec had also recalled the proclamation of 12 other party-list groups due to pending petitions for cancellation of registration and for facing petitions for disqualification of nominees. — with Sophia Dedace, Mark Merueñas/LBG, GMANews.TV