Gabriela's proclamation labeled as unconstitutional by NTF-Elcac.
In a contentious turn of events, the Commission on Elections (Comelec) en banc proclaimed Gabriela as the 64th party-list group in the 2025 midterm elections on September 17. However, this decision has sparked a legal dispute with the National Task Force to End Local Communist Armed Conflict (NTF-Elcac).
NTF-Elcac, which has a history of political and legal disputes with Gabriela dating back to 2019, has filed a petition with the Supreme Court (SC) to nullify Gabriela's proclamation. Arian Jane Ramos, a former Gabriela member and ex-CPP-NPA-NDF cadre, has also raised objections to Gabriela's recent return to the House of Representatives.
Ramos warned that granting congressional representation to a group allegedly linked to the CPP-NPA goes beyond procedure and risks legitimizing armed conflict. She served as secretary of Guerrilla Front 55 in Southern Mindanao and believes the group's party-list seat risks legitimizing the system of recruitment and deception that endangers youth and communities.
For NTF-Elcac, Gabriela's presence in Congress represents what it views as an infiltration of government by organizations allegedly tied to the communist insurgency. The petition filed by NTF-Elcac seeks a "status quo ante" order, a temporary restraining order (TRO), and a writ of preliminary injunction.
The Supreme Court is now tasked with deciding whether Comelec overstepped its authority in filling a 64th seat, whether Gabriela's unresolved disqualification case would bar it from serving, and whether NTF-Elcac's claims hold legal weight.
The proclamation of Gabriela as the 64th party-list group was made possible due to the disqualification of Duterte Youth Party-List. Gabriela's first nominee, former Kabataan Rep. Sarah Jane Elago, has accepted the certificate of proclamation and pledged to advance rights and accountability in Congress.
Elago and Gabriela view their seat in the House of Representatives as not merely symbolic - it is the culmination of decades of advocacy work by the group in representing women, marginalized communities, and grassroots movements. Elago has promised to use her position to further advance these causes.
However, the constitutional ceiling of 20 percent party-list representation in the House, equivalent to 63 seats out of 317, has been a point of contention. NTF-Elcac's petition is based on this constitutional limit of authorized party-list group members.
As the legal battle unfolds, the future of Gabriela's seat in the House of Representatives hangs in the balance. The Supreme Court's decision will likely have significant implications for the representation of marginalized sectors in the Philippine Congress.
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