NBC Resolution No. 10-059

Promulgation: 07 October 2010

IN THE MATTER OF THE LIFTING OF THE DEFERMENT OF THE PROCLAMATION OF PARTY-LIST GROUP ALLIANCE FOR NATIONALISM AND DEMOCRACY (ANAD) AS WINNER ENTITLED TO ONE (1) SEAT IN THE PARTY-LIST ELECTION OF MAY 10, 2010

WHEREAS, on May 31, 2010, the Commission, sitting en banc as the National Board of canvassers for Party-List, promulgated NBC Resolution No. 10-009, proclaiming twenty-eight (28) party-list groups and allocating thirty-five (35) party-list seats in connection with the May 10, 2010 National and Local elections;

WHEREAS under said NBC Resolution No. 10-009 the proclamation of the Alliance for Nationalism and Democracy (ANAD) among other party list groups was deferred due to a pendency of a petition for cancelation of registration (SPP No. 01 - (11);

WHEREAS, two (2) other separate petitions were filed pertaining to the Certificates of Nomination of ANAD, as follow:

a. Petition to Deny Due Course Certificate of Nomination entitled "Constante L. Raval, et.al, vs.
Pastor M. Alcover, Jr. et. al." {SPP No. 10-021
(DCN) - Second Division}; and

b. Petition for the Cancellation and or Nullification of the 2nd Certificate of Nomination and Certificate of Acceptance entitled ".ANAD vs. David S. OdiJao, et.a1.," {SPP No. 10-022 (DCN) - Second Division};

WHEREAS, on August 02, 2010, the Commission (Second Division) in its Resolution in SPP No. 10-021 resolved to dismiss the complaint for the cancellation of the registration of ANAD. On September 29, 2010, the aforesaid Resolution was declared final and executory, the Entry of
Judgment of which was issued on September 30, 2010;

WHEREAS, on August 05, 2010, the Commission (Second Division) in its Resolution in SPP. No. 10-022 resolved to grant the petition of ANAD, and annulled the Certificates of Nomination and Acceptance of respondents Odilao, et. al., of which the respondents-movant filed a
Motion for Reconsideration;

WHEREAS, on August 11, 2010, the Commission (Second Division) in its Resolution in SPA No, 10-021, resolved to deny the petition seeking to deny due course to the Certificates of Nomination of ANAD, of which the petitioners - movant filed a Motion for Reconsideration;

WHEREAS, on September 2l, 2011, the Commission in its Resolution in SPA No. 10-022 denied the Motion for Reconsideration of the August 05, 2010 Resolution of the Commission (Second Division};

WHEREAS, on October 05, 2010, the Commission in its Resolution in SPA No. 10-021 likewise denied the Motion for Reconsideration of the August 11, 2010 Resolution of the Commission (Second Division);

NOW, THEREFORE, in view of the foregoing, the Commission en banc, sitting as the National Board of Canvassers for Party-List, RESOLVED, as it hereby RESOLVES to lift the deferment of the Alliance for Nationalism and Democracy (ANAD), and to so proclaim Alliance for
Nationalism and Democracy (ANAD), as winner the party-list election of May 10, 2010 entitled to one (1) seat.


SO ORDERED.


(Sgd.) JOSE A.R. MELO
Chairman
(Sgd.) RENE V. SARMIENTO
Commissioner
(Sgd.) NICODEMO T. FERRER
Commissioner
(Sgd.) LUCENITO N. TAGLE
Commissioner
(On Official Business)
ARMANDO C. VELASCO

Commissioner
(Sgd.) ELIAS R. YUSOPH
Commissioner
(Sgd.) GREGORIO Y. LARRAZABAL
Commissioner


Attachment(s)