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Lokin, Jr. vs. Commission on Elections (COMELEC)

LUIS K. LOKIN, JR., as the second nominee of CITIZENS BATTLE AGAINST CORRUPTION (CIBAC), Petitioner, versus COMMISSION ON ELECTIONS and the HOUSE OF REPRESENTATIVES, Respondents.

G.R. Nos. 179431-32 | 2010-06-22

D E C I S I O N

BERSAMIN, J.:

The principal question posed in these consolidated special civil actions for certiorari and mandamus is whether the Commission on Elections (COMELEC) can issue implementing rules and regulations (IRRs) that provide a ground for the substitution of a party-list nominee not written in Republic Act (R.A.) No. 7941,[1] otherwise known as the Party-List System Act, the law that the COMELEC thereby implements.

Common Antecedents

The Citizens' Battle Against Corruption (CIBAC) was one of the organized groups duly registered under the party-list system of representation that manifested their intent to participate in...