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x - - - - - - - - - - - - - - - - - - - - - - - x G. In determining who may participate in the coming and subsequent party-list elections, the COMELEC shall adhere to the following parameters: 1. Furthermore, no petitioner had previously questioned the procedure that was adopted by the COMELEC on the review of the parties registration; instead, the groups voluntarily submitted to the Commissions jurisdiction and actively participated in its proceedings. Citing the concurring and dissenting opinion of then Chief Justice Puno: "....
203976 ALLIANCE FOR RURAL AND AGRARIAN RECONSTRUCTION, INC. The minority expressed that "[e]xcluding the major political parties in party-list elections is manifestly against the Constitution, the intent of the Constitutional Commission, and R. Thus, we remand all the present petitions to the COMELEC. The COMELECs resolve to suspend its own rules was sanctioned by law, as it was aimed for a speedy disposition of matters before the Commission. It was even a more divided court when the same issues were tackled in the case of BANAT v. Ostensibly, the rationale of the majority in BANAT was to prevent major political parties from dominating organizations of the marginalized.
204125 AGAPAY NG INDIGENOUS PEOPLES RIGHTS ALLIANCE, INC. x - - - - - - - - - - - - - - - - - - - - - - - x G. BANAT merely formalized the prevailing practice when it expressly prohibited major political parties from participating in the party-list system, even through their sectoral wings. However, major political parties should participate in party-list elections only through their sectoral wings. Thus,to participate in party-list elections, a major political party that fields candidates in the legislative district elections must organize a sectoral wing, like a labor, peasant, fisherfolk, urban poor, professional, women or youth wing, that can register under the party-list system. 7941, which provides that "component parties or organizations of a coalition may participate independently (in party-list elections) provided the coalition of which they form part does not participate in the party-list system." Section 9 of R. This provision prescribes a special qualification only for the nominee from the youth sector. In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. As regards the COMELECs resolve to determine, after summary evidentiary hearings, the continuing compliance of previously-registered and accredited party-list groups, the COMELEC En Banc denied the parties of their right to due process and has violated the principle of res judicata that should have otherwise worked in the petitioners favor. The requisite character of these parties or organizations must be consistent with the purpose of the party list system, as laid down in the Constitution and RA 7941." The ponencia then proceeded to put the interpretation of a statute at par with the text of article VI, section 5 (1) and (2) the Constitution, thus: "The foregoing provision on the party list system is not self-executory.
204126 KAAGAPAY NG NAGKAKAISANG AGILANG PILIPINONG MAGSASAKA (KAP), formerly known as AKO AGILA NG NAGKAKAISANG MAGSASAKA (AKO AGILA), represented by its Secretary General, Leo R. (f) A coalition refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes. This inherent inconsistency in Ang Bagong Bayani has been compounded by the COMELECs refusal to register sectoral wings officially organized by major political parties. Thus, major political parties can participate in subsequent party-list elections since the prohibition is expressly limited only to the 1988 party-list elections. 7941 allow major political parties to participate in party-list elections so as to encourage them to work assiduously in extending their constituencies to the "marginalized and underrepresented" and to those who "lack well-defined political constituencies." The participation of major political parties in party-list elections must be geared towards the entry, as members of the House of Representatives, of the "marginalized and underrepresented" and those who "lack well-defined political constituencies," giving them a voice in law-making. 7941 prescribes the qualifications of party-list nominees. No person shall be nominated as party-list representative unless he is a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election. For the petitioners, the COMELEC En Banc cannot dismiss with the procedural requirement on the filing of motions for reconsideration under Rule 19 of the 1993 COMELEC Rules of Procedure before it can review a decision or resolution rendered by any of its divisions in quasi-judicial proceedings. The reasoning of the ponencia of that case derived from his fundamental principle that: "...
x - - - - - - - - - - - - - - - - - - - - - - - x G. A political party, whether major or not, that fields candidates in legislative district elections can participate in party-list elections only through its sectoral wing that can separately register under the party-list system. The OSG specifically cites Sections 5 to 9 of RA 7941 and the eight-point guidelines in Ang Bagong Bayani. This is borne out in the party list elections held in 2001 where major political parties were initially allowed to campaign and be voted for.
203960 1st CONSUMERS ALLIANCE FOR RURAL ENERGY, INC. Three different groups may participate in the party-list system: (1) national parties or organizations, (2) regional parties or organizations, and (3) sectoral parties or organizations. National parties or organizations and regional parties or organizations do not need to organize along sectoral lines and do not need to represent any "marginalized and underrepresented" sector. Political parties can participate in party-list elections provided they register under the party-list system and do not field candidates in legislative district elections. Fourth, the COMELEC faithfully applied the grounds for denial and cancellation of a groups registration, as provided by statute and prevailing jurisprudence. There is no gainsaying the fact that the party-list parties are no match to our traditional political parties in the political arena.
204094 ALLIANCE FOR NATIONALISM AND DEMOCRACY (ANAD), Petitioner, vs. x - - - - - - - - - - - - - - - - - - - - - - - x G. x x x x Third, x x x the religious sector may not be represented in the party-list system. x x x x Fourth, a party or an organization must not be disqualified under Section 6 of RA 7941, which enumerates the grounds for disqualification as follows: "(1) It is a religious sect or denomination, organization or association, organized for religious purposes; (2) It advocates violence or unlawful means to seek its goal; (3) It is a foreign party or organization; (4) It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes; (5) It violates or fails to comply with laws, rules or regulations relating to elections; (6) It declares untruthful statements in its petition; (7) It has ceased to exist for at least one (1) year; or (8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered." Fifth, the party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by, the government. x x x x Sixth, the party must not only comply with the requirements of the law; its nominees must likewise do so. In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. In refuting the petitioners claim of grave abuse of discretion against the COMELEC, the OSG submitted the following arguments: First, the COMELEC has the power to review existing party-list groups or organizations' compliance with the requirements provided by law and the guidelines set by jurisprudence on the party-list system. Congress cannot pass a law so that we read in the text of the Constitution the requirement that even national and regional parties or organizations should likewise be sectoral.
203922 ASSOCIATION OF PHILIPPINE ELECTRIC COOPERATIVES (APEC),represented by its President Congressman Ponciano D. Similarly, a majority of the members of sectoral parties or organizations that lack "well-defined political constituencies" must belong to the sector they represent. Furthermore, notwithstanding the new standards that the ponencia now provides for party-list groups, the remand of all 53 petitions to the COMELEC is unnecessary. Not only do we vote today without a precedent having a clear vote, we also do so with the benefit of hindsight.
x - - - - - - - - - - - - - - - - - - - - - - - x G. The sectors that lack "well-defined political constituencies" include professionals, the elderly, women, and the youth. A majority of the members of sectoral parties or organizations that represent the "marginalized and underrepresented" must belong to the "marginalized and underrepresented" sector they represent. I signify my assent to the ponencias rulings on the procedural issue; however, consistent with afore-quoted pronouncement of the Court in Ang Bagong Bayani, I signify my strong dissent on major points in the ponencias resolution of the substantive issue, including its discussions on the nature of the party-list system and its disposition on the qualifications of political parties which seek to participate under the party-list system of representation. Furthermore, the opinion failed to foresee that even parties and organizations that claim to represent the "marginalized" could crowd out each other further weakening the system.
x - - - - - - - - - - - - - - - - - - - - - - - x G. In BANAT, the majority officially excluded major political parties from participating in party-list elections, abandoning even the lip-service that Ang Bagong Bayani accorded to the 1987 Constitution and R. The minority in BANAT, however, believed that major political parties can participate in the party-list system through their sectoral wings. Such experimentations, in clear contravention of the 1987 Constitution and R. However, for the coming party-list elections, we must now impose and mandate the party-list system actually envisioned and authorized under the 1987 Constitution and R. Similarly, even as we acknowledge here that the COMELEC did not commit grave abuse of discretion, we declare that it would not be in accord with the 1987 Constitution and R. For this purpose, we suspend our rule that a party may appeal to this Court from decisions or orders of the COMELEC only if the COMELEC committed grave abuse of discretion. Third, the requirements of due process were satisfied because the petitioners were given a fair and reasonable opportunity to be heard. Cifra, is a general manager/president; 3rd Nominee, Atty. It was a divided court, one where there was a majority to sustain the result but not enough to establish doctrine.
203981 ASSOCIATION FOR RIGHTEOUSNESS ADVOCACY ON LEADERSHIP (ARAL) PARTY-LIST, represented herein by Ms. Agustin, the partys Secretary General, Petitioner, vs. x - - - - - - - - - - - - - - - - - - - - - - - x G. (Emphasis supplied) In 2009, by a vote of 8-7 in BANAT, this Court stretched the Ang Bagong Bayani ruling further. 7941 that major political parties can participate in party-list elections. This Court cannot engage in socio-political engineering and judicially legislate the exclusion of major political parties from the party-list elections in patent violation of the Constitution and the law." The experimentations in socio-political engineering have only resulted in confusion and absurdity in the party-list system. In following prevailing jurisprudence, the COMELEC could not have committed grave abuse of discretion. In BANAT, however, the Court did not declare that the COMELEC committed grave abuse of discretion. 7941 to apply the criteria in Ang Bagong Bayani and BANAT in determining who are qualified to participate in the coming party-list elections. Second, the COMELECs review of the parties qualifications was a valid exercise by the COMELEC of its administrative powers; hence, the COMELEC En Banc could have, even at the first instance, ruled on it. Alvarez, is a lawyer, business, former DOTC Secretary and Congressman; 2nd Nominee, Emmanuel D. There were strong cogent dissenting opinions coming from Justices Mendoza and Vitug when Ang Bagong Bayani v. Only six (6) justices concurred with the reasoning of the ponencia. There was no majority therefore in upholding the reasoning and ratio decidendi proposed by the ponencia in that case.