Monday, October 5, 2009

KAMPI-LAKAS CMD Merger Legal Based on SC Decision

The case filed by former Speaker Jose de Venecia questioning the validity of the merger of two powerful political party in the Philippines was turned down by the Supreme Court. The court said that the merging of Lakas and Kampi followed the procedures set by law. They have complied all the requirements and the petition of De Venecia was not covered by the jurisdiction of the courts.

Here's an excerpt of the report from GMANews

In an 18-page decision penned by Commissioner Elias Yusoph, the poll body's second division said the merger of Lakas-Christian Muslim Democrat and Kabalikat ng Malayang Pilipino has complied with the requirements stated under Section 60 of the Omnibus Election Code.

“Lakas-Kampi-CMD has fully shown that it is qualified to be registered as a political party and that it has complied with all the procedural requirements needed for it to be registered and accredited as a national political party," the resolution read.

Among the requirements are having a full name for the party, a principal headquarters, name of officers, extent of constituency, program of government, declaration to uphold the Constitution, and to not be funded by any foreign government.

The Comelec however noted that De Venecia was late with his petition, saying it came after the merged party’s accreditation had already been heard by the poll body.

“The July 16 hearing for the accreditation was published five days before in three newspapers of general circulations, all persons who oppose the accreditation are deemed to be notified, any opposition submitted after the hearing should be considered as being filed out of time," it said.

It also said De Venecia failed to present a justiciable issue to back his request to nullify the Lakas-Kampi-CMD merger.

“His alleged cause of action against the interim officers of good standing of Lakas-CMD by scheming ‘to keep the center of power in the hands of a cabal of people for their own personal and selfish ends’ is a political and not a justiciable issue over which the Commission has no jurisdiction," the resolution read.

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