Comelec nullifies Duterte Youth party-list registration

The Commission on Elections (Comelec) has upheld a decision nullifying the registration of the Duterte Youth party-list due to its failure to comply with the mandatory requirements of publication and hearing in relation to its candidacy in 2019.

Voting 5-1, the poll body en banc junked the motion of reconsideration filed by Duterte Youth that sought to reverse the June 2025 decision of the Comelec Second Division, which voided their registration for being void ab initio, or void from the beginning, due to the failure to comply with the jurisdictional requirements of publication and hearing.

Comelec Chairperson George Erwin Garcia, who previously served as counsel for Duterte Youth, inhibited from the case.

"Wherefore, premises considered, the Comelec en banc resolved, as it hereby resolves to deny the motion for reconsideration. The assailed resolution is hereby affirmed," the decision read.

In affirming the ruling, the Comelec en banc said it found "no cogent reason" to reverse the decision, adding that Duterte Youth failed to raise any valid or substantial grounds to warrant reconsideration of the assailed resolution.

"The Commission Second Division firmly stressed that, as clearly mandated by law, the duty to publish the required documents for registration lies with the party-list organization. This includes full compliance with jurisdictional requirements such as publication and shouldering the costs thereof," it said. 

"These are not mere formalities but essential legal prerequisites that Respondent-Movant must comply with. The required publication satisfies the people's constitutional right to information on matters of public concern," it added. 

The en banc likewise agreed there was no prescriptive period for the cancellation of registration of party-lists. It also upheld the division's ruling that the Duterte Youth's "withdrawal and substitution en masse, as well as the back and forth switching of Respondent-Movant's nominees on May 12, 2019 undermine the spirit and intent of the party-list system and puts a mockery in the election process, ultimately violating laws, rules, and regulations relating to elections."

"We will not anymore discuss these issues in detail as it would not serve any useful purpose and would merely repeat the same justifications and reasons already taken up in foregoing Assailed Resolution," the en banc ruling said. 

"Any further elucidations, disquisitions and disputations would merely reiterate the same points already passed upon," it added. 

Duterte Youth ranked second during the May 12 elections, garnering 2,338,564 votes and translating to three seats at the House of Representatives.

Fight not over

Meanwhile, the Duterte Youth said it would file a petition before the Supreme Court (SC) on Monday, September 1, seeking to declare the Comelec's decision as unconstitutional.

"We will file a Petition for Review in the SC on Monday to challenge this act of Comelec which is clearly very unconstitutional and a grave abuse of discretion," Duterte Youth party-list chairperson Ronald Cardema said in a press statement.

Cardema said the decision was "not suprising" as the party-list expected the poll body to circumvent the law. He also reiterated the Duterte Youth complied with the publication requirement, arguing that the Party-list Law mandates the Comelec—not the party-list group—to publish the petition for registration of partylists in two newspapers of general circulation.

"Para sa ibang Comelec Commissioners, ngayon lang tayo nakakita ng ganitong mga klaseng opisyal na kayang ipanalo ang talo, kayang ipatalo ang panalo,"  he said. 

(For the other Comelec commissioners, it is our first time to see officials circumventing the winners and losers of the elections.)

Comelec to wait

Garcia clarified that the en banc decision is not yet final and executory as the party-list may still elevate the case to the SC. He said the poll body will wait for the period of finality before enacting the ruling. 

“Wala munang gagawin ang Comelec. Hihintayin natin ang opisyal na disposisyon bilang pagrespeto sa kapangyarihan ng Korte Suprema. Ang tawag po dyan ay judicial courtesy,” said Garcia. 

(The Comelec will not do anything as of the moment. We will wait for the official disposition of the SC. That is judicial courtesy.)

"Alam niyo po kasi, sa ating umiiral na decision ay may period of finality and therefore, mukhang kinakailangan hintayin [ito],” he added. 

(You know, our decision has a period of finality and therefore, it looks like we have to wait for this to lapse.)

The Comelec en banc is also scheduled to discuss the seats to be vacated during the session on Wednesday, September 3. — VDV, GMA Integrated News

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