Seat of current An Waray rep at risk after Comelec cancels party-list's registration

Metro Manila (CNN Philippines, June 3) — An Waray Party-list Rep. Florencio Gabriel Noel is in danger of losing his seat at the House of Representatives after the Commission on Elections (Comelec) on Friday canceled the party-list's registration.

In a message to reporters, Comelec spokesperson John Rex Laudiangco said the An Waray Party-list can still file a motion for reconsideration five days upon receipt of the decision.

"The resolution has yet to become final and executory. But should it be so, please recall that the primary qualification to be able to participate in the Party List System of Representation Elections is its registration, and such qualification must be continually possessed," Laudiangco said.

Laudiangco explained that the House of Representatives has the power to expel any member who fails to continually possess all the qualifications.

"The House of Representatives Electoral Tribunal (HRET) has the jurisdiction over any issue on membership of the HoR and/or may take cognizance of a quo warranto case questioning the qualification (or lack of) of any sitting member," the poll body's spokesperson said.

"Both the House and the HRET may use as basis the Comelec's resolution and factual findings on the matter," he added.

Laudiangco also said that it is the lower chamber which will declare the existence of a vacancy and initiate the call to the Comelec to either hold special elections, or proclaim the next nominee in line or the next winning party-list to have a seat.

The Comelec on Friday said its Second Division canceled the registration of An Waray Party-list for failing to comply with election rules and regulations.

READ: Comelec 2nd Division cancels An Waray Party-list's registration

This comes a decade after An Waray allowed its second nominee, Atty. Victoria Isabel Noel, to sit as one of its representatives in the House of Representatives in the 16th Congress, knowing "fully well" that Comelec has not issued a Certificate of Proclamation entitling her to do so.

— With reports from CNN Philippines correspondent Paige Javier.