Comelec cancels Duterte Youth registration in 2-1 vote
Biel Jose Catipon
The Commission on Elections (Comelec) Second Division ruled to cancel the registration of the Duty to Energize the Republic through the Enlightenment of the Youth Sectoral Party-list Organization (Duterte Youth) as a party-list in a 2-1 vote on June 18.
The decision is based on the ground of non-compliance with the jurisdictional and continuing requirements for the registration of party-list groups, organizations, or coalitions.
Through their legal counsel, the petitioners issued a press release on the same day, expressing their gratitude to the poll body for granting the petition.
“This win not only corrects the procedural errors that allowed Duterte Youth to join the party-list elections even when it was not registered, but it also—and more importantly—upholds the rule of law,” the petitioners said in the statement.
In a 25-page resolution, the Commission addressed several issues, including whether the Petition for Cancellation was timely filed, the registration of Duterte Youth is void ab initio, and it committed other grounds for cancellation under Section 2, Rule 2 of Comelec Resolution No. 9366.
Having no prescriptive period for the cancellation of registrations, it allows the Comelec to continuously ensure compliance, prevent abuse, and address violations to uphold justice and fair representation in the party-list system.
It held that the registration of Duterte Youth is void ab initio, or as if it never existed, due to its non-compliance with the jurisdictional requirements of publication and hearing.
The resolution further stated that Duterte Youth cannot justify its non-compliance by blaming the Commission for failing to remind it to publish its petition for registration or to set a hearing, as it reflects poor accountability and a lack of good faith in fulfilling its legal obligations.
On the matter of grounds for cancellation, the Commission found that the party-list committed the following violations under Comelec Resolution No. 9366, including: untruthful statements in its Petition, particularly regarding the eligibility of its nominees; and no bona fide intention to represent the sector for which the petition was filed and thus prevent a faithful determination of the true will of the electorate.
The Commission also cited advocacy of violence or unlawful means to achieve its goals; being an adjunct of, or an entity funded or assisted by, the National Youth Commission (NYC); violation of or failure to comply with laws, rules, or regulations relating to elections; and filing the petition to put the election process in mockery or disrepute.
“Pwede pa rin silang mag-file ng motion for reconsideration upang ma-resolve ’yan ng Commission en banc,” said Comelec Chairman George Garcia, noting that the decision is not yet final.
He added that the party-list may still file a motion for reconsideration within five days after the promulgation of the ruling.
The decision stemmed from a petition filed in 2019 by Reeya Beatric Magtalas, Abigail Aleli Tan, Raainah Punzalan, and Aundell Ross Angcos.
On May 19, the poll body suspended the proclamation of Duterte Youth as a winning party-list due to its pending disqualification cases.
In the last National and Local Elections, Duterte Youth secured three seats, garnering 5.6 percent or approximately 2.3 million votes.