ESCUDERO QUESTIONS ARBITRARY DISQUALIFICATION
OF PARTY-LIST GROUPS

Opposition Senator Chiz Escudero is crying foul over what he says is the arbitrary decision of the Commission on Elections (COMELEC) to disqualify particular groups that are particularly identified with the opposition.

Escudero said four groups have been targeted for disqualification by the poll body including the Magdalo group and Filipinos for Peace, Justice, and Progress Movement (FPJPM), groups that have been very vocal against the Arroyo administration.

"These are very legitimate groups whose intentions are to serve the public with reform in mind. I cannot comprehend why the poll body easily decided on disqualifying them," he said.

Another group which was disqualified by COMELEC was Migrante, the militant group representing overseas Filipino workers. "The OFWs have lost a voice in Congress when the COMELEC rejected their application. Despite fulfilling the requirements, the poll body found a way to block this group known to be vocal against the President's foreign policy," he said.

Escudero also called the COMELEC'S decision to disqualify party-list Ang Ladlad from participating in the 2010 elections as vague and requires more legal explanation.

Escudero said the Comelec may have committed a grave abuse of authority when they based their decision on immorality. The poll body even used faith as a reason for junking the group's application.

According to the resolution, "Should this commission grant the petition, we will be exposing our youth to an environment that does not conform to the teachings of our faith."

Escudero, however, said that these moral claims are too ambiguous to justify the party's disqualification. "Are the COMELEC Commissioners saying that immorality is only exclusive to lesbians, gays, bisexuals, and transsexuals (LGBT)?" he pointed out.

The 40-year-old senator added that the legal basis that the COMELEC used was Article 2, Section 13 of the Philippine Constitution. In that provision, "The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civil affairs."

"In their own words, COMELEC Commissioner Nicodemus Ferrer said that there are enough gays in Congress that would make them represented in society already. If these allegations are true, then are these legislators against nation-building because of their sexuality?" he asked

Escudero said that he sees no contradiction with being a member of the LGBT community and inculcating patriotism and nationalism. "The Comelec has dug a hole so deep that it has to answer so many questions that they cannot respond to in a legal manner," he said