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Question

C. Political Parties and the Party-List System of Representation - Grounds for Refusal or Cancellation of Registration

In accordance with Republic Act No. 7941, also known as the Party-List System Act, political parties and organizations seeking to participate in the party-list elections must register with the Commission on Elections (COMELEC). However, there are certain grounds for which the COMELEC can refuse or cancel the registration of a political party or organization. Consider the following scenario:

A newly formed political party, "People's Advocacy Party," applied for registration with the COMELEC to participate in the party-list elections. The party's platform centers around advocating for the rights of marginalized sectors and promoting sustainable development. After a thorough evaluation, the COMELEC discovered that the party's nominee, who is currently holding a position in the government, falls under the disqualification stated in Section 6 of Republic Act No. 7941. The COMELEC believes that the party's registration should be refused or cancelled based on this ground.

Based on the given scenario and the provisions of Republic Act No. 7941, answer the following:

1. Can the COMELEC refuse or cancel the registration of the "People's Advocacy Party" based on the ground mentioned? Explain.
2. If the registration of the party is refused or cancelled, what remedies are available to the party? Explain.

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Answer