Atong Paglaum Decision of the Court

8/11/2019 Atong Paglaum Decision of the Court

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CASE 2013-0006: ATONG PAGLAUM, INC. VS. COMMISSIONON ELECTION AND OTHER CASES (G.R. NO. 203766 ETC.,02 APRIL 2013, CARPIO, J.) SUJECT!S: PART" LIST (RIE#TITLE: ATONG PAGLAUM VS COMELEC)

SUJECTS!DOCTRINES

$HAT ESSENTIALL" $AS THE RULING O# THE COURT:

We hold that the COMELEC did not commit grave abuse ofdiscretion in following prevailing decisions of this Court indisqualifying petitioners from participating in the coming 13 May

!13 party"list elections# $owever% since the Court adopts in this&ecision new parameters in the quali'cation of national% regional%and sectoral parties under the party"list system% therebyabandoning the rulings in the decisions applied by the COMELECin disqualifying petitioners% we remand to the COMELEC all thepresent petitions for the COMELEC to determine who are quali'edto register under the partylist system% and to participate in thecoming 13 May !13 party"list elections% under the newparameters prescribed in this &ecision#

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$HAT IS THE OJECTIVE O# THE PART" LIST S"STEMUNDER THE 1%&7 CONSTITUTION'

TO DEMOCRATIZE POLITICAL POWER BY GIVING POLITICALPARTIES THAT CANNOT WIN IN LEGISLATIVE DISTRICTELECTIONS A CHANCE TO WIN SEATS IN THE HOUSE OFREPRESENTATIVES.

)he 1*+, Constitution provides the basis for the party"list systemofrepresentation# -imply put% the party"list system is intended todemocrati.e political power by giving political parties that cannotwin in legislative district elections a chance to win seats in the$ouse of /epresentatives#0! )he voter elects two representativesin the $ouse of /epresentatives one for his or her legislative

district% and another for his or her party"list group or organi.ationof choice#

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$HO ARE INCLUDED IN THE PART" LIST S"STEM'


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SECTORAL AND WELL AS NON-SECTORAL PARTIES.

2ndisputably% the framers of the 1*+, Constitution intended theparty"listsystem to include not only sectoral parties but also non"sectoral parties# )he framers intended the sectoral parties toconstitute a part% but not the entirety% of the party"list system# A*+/ C44/5 $5 V58, +8+58 / +58+8 / 89 +58-8 84 ;# /8 ?9 4 54 89 @5/845=/ 85 898 ? 9 =/8 / 89C/88B8/#03

.

)hus% in the end% the proposal to give permanent reserved seatsto certain sectors was outvoted# 2nstead% the reservation of seatsto sectoral representatives was only allowed for the 'rst threeconsecutive terms#00

)here can be no doubt whatsoever that the framers of the 1*+,

Constitution e4pressly re5ected the proposal to ma6e the party"listsystem e4clusively for sectoral parties only% and that they clearlyintended the party"list system to include both sectoral and non"sectoral parties#


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$HAT IS THE COMMON DENOMINATOR ET$EENSECTORAL AND NON-SECTORAL PARTIES'

THEY CANNOT EXPECT TO WIN IN LEGISLATIVE DISTRICTELECTIONS BUT THEY CAN GARNER, IN NATIONWIDEELECTIONS.

)he common denominator between sectoral and non"sectoralparties is that they cannot e4pect to win in legislative districtelections but they can garner% in nationwide elections% at least thesame number of votes that winning candidates can garner inlegislative district elections# )he party"list system will be the entrypoint to membership in the $ouse of /epresentatives for boththese non"traditional parties that could not compete in legislativedistrict elections#

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$HAT COMPOSE THE PART" LIST S"STEM'

THREE DIFFERENT GROUPS: (1) NATIONAL PARTIES ORORGANIZATIONS (!) REGIONAL PARTIES ORORGANIZATIONS AND (") SECTORAL PARTIES ORORGANIZATIONS.

)hus% the party"list system is composed of 895 @5/8=5B+ 718 national parties or organi.ations9 78 regional partiesor organi.ations9 and 738 sectoral parties or organi.ations#:ational and regional parties or organi.ations are @5/8 fromsectoral parties or organi.ations# :ational and regional parties ororgani.ations need not be organi.ed along sectoral lines and neednot represent any particular sector#

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$HAT IS THE PROO# THAT THE PART" LIST S"STEM IS NOT

ECLUSIVEL" #OR SECTORAL PARTIES'


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SECTION #(!), ARTICLE VI OF THE 1$%& CONSTITUTIONWHICH MANDATES THAT, DURING THE FIRST THREECONSECUTIVE TERMS OF CONGRESS AFTER THERATIFICATION OF THE 1$%& CONSTITUTION, 'ONE-HALF OF

THE SEATS ALLOCATED TO PARTY-LIST REPRESENTATIVESSHALL BE FILLED, AS PROVIDED BY LAW, BY SELECTION ORELECTION FROM THE LABOR, PEASANT, URBAN POOR,INDIGENOUS CULTURAL COMMUNITIES, WOMEN, YOUTH,AND SUCH OTHER SECTORS AS MAY BE PROVIDED BY LAW,EXCEPT THE RELIGIOUS SECTOR.

Moreover% -ection 078% ;rticle


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any class or type of party that quali'es under the three groupsconstituting the party"list system#

H/, 89 5 /8/8, *+5 ?5/=, / +58-885B8B5 5/ / S8/ (1) / (2), A58 VI 891%&7 C/88B8/ //8 +B8: 89 +58-884 /8 5 85 +58 /, B8 5 //-85 +58#

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$HAT IS THE DI##ERENCE ET$EEN A POLITICAL PART"AND A SECTORAL PART".

THE DIFFERENCE IS STATED IN R.A. NO. &$1.

POLITICAL PARTY REFERS TO AN ORGANIZED GROUP OFCITIZENS ADVOCATING AN IDEOLOGY OR PLATFORM,PRINCIPLES AND POLICIES FOR THE GENERAL CONDUCT OFGOVERNMENT.


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A SECTORAL PARTY REFERS TO AN ORGANIZED GROUP OFCITIZENS BELONGING TO ANY OF THE SECTORSENUMERATED IN SECTION # HEREOF WHOSE PRINCIPALADVOCACY PERTAINS TO THE SPECIAL INTEREST AND

CONCERNS OF THEIR SECTOR.

-ection 37a8 of /#;# :o# ,*>1 de'nes a =party as =895 +8 +58 5 85 +58 or a coalition of parties#Clearly% a political party is di?erent from a sectoral party# -ection37c8 of /#;# :o# ,*>1 further provides that a =+8 +58refers to an organi.ed =5B+ 8/ *+*/02 *

0+3425 6 74*/869, 7600743 *+ 74003 5 89=/5 /B8 =F5/4/8# On the other hand% -ection37d8 of /#;# :o# ,*>1 provides that a =85 +58 refers to anorgani.ed group of citi.ens belonging to any of the sectorsenumerated in -ection 0 hereof ?9 +5/+ F+58/ 8 89 + /858 / /5/ 89585# /#;# :o# ,*>1 provides di?erent de'nitions for a politicaland a sectoral party# Obviously% they are separate and distinctfrom each other#

DOES R.A. NO. 7%1 REUIRE NATIONAL AND REGIONALPARTIES TO REPRESENT THE MARGINALIED ANDUNDERREPRESENTED SECTORS'


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NO. TO RE;UIRE ALL NATIONAL AND REGIONAL PARTIESUNDER THE PARTY-LIST SYSTEM TO REPRESENT THE'MARGINALIZED AND UNDERREPRESENTED IS TODEPRIVE AND EXCLUDE, BY 1# Ander the party"list system%an ideology"based or cause"oriented political party is clearlydi?erent from a sectoral party# ; political party need not beorgani.ed as a sectoral party and need not represent anyparticular sector# )here is no requirement in /#;# :o# ,*>1 that anational or regional political party must represent a =marginali.ed

and underrepresented sector# 2t is suBcient that the politicalparty consists of citi.ens who advocate the same ideology orplatform% or the same governance principles and policies%5=5 895 /4 88B 8/#


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-ection 0 of /#;# :o# ,*>1 states that =the sectors shall includelabor% peasant% 'sherfol6% urban poor% indigenous culturalcommunities% 5% handicapped% ?4/% B89% veterans%overseas wor6ers% and +5/.0 )he sectors mentioned

in -ection 0 are not all necessarily =marginali.ed andunderrepresented# Dor sure% =professionals are not by de'nition=marginali.ed and underrepresented% not even the elderly%women% and the youth# $owever% professionals% the elderly%women% and the youth may =lac6 well"de'ned politicalconstituencies% and can thus organi.e themselves into sectoralparties in advocacy of the special interests andconcerns of theirrespective sectors#

-ection of /#;# :o# ,*>1 provides another compelling reason forholding that the law does not require national or regional parties%as well as certain sectoral parties in -ection 0 of /#;# :o# ,*>1% torepresent the =marginali.ed and underrepresented# -ection provides the grounds for the COMELEC to refuse or cancel theregistration of parties or organi.ations after due notice andhearing#

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$HAT IS THE CONSEUENCE I# $E INTERPRET THAT ALL

THE SECTORS MENTIONED IN SECTION AREMARGINALIED AND UNDERREPRESENTED'


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$HAT ARE THESE SECTORS'

THESE SECTORS ARE: LABOR, PEASANT, FISHERFOL=,URBAN POOR, INDIGENOUS CULTURAL COMMUNITIES,HANDICAPPED, VETERANS, OVERSEAS WOR=ERS, ANDOTHER SIMILAR SECTORS.

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SHOULD ALL O# THE MEMERS O# THE SECTORAL PART"ELONG TO THE MARGINALIED ANDUNDERREPRESENTED'

ONLY A MA


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HO$ AOUT THE NOMINEES O# THE THE SECTORALPART"'

EITHER THEY MUST BELONG TO THE SECTOR OR MUSTHAVE A TRAC= RECORD OF ADVOCACY FOR THAT SECTOR.

T9 /4/ 89 85 +58 895 4B8 /= 889 85, 5 4B8 9F 85 55 F 5 8985 5+5/8# elonging to the =marginali.ed andunderrepresented sector does not mean one must =wallow inpoverty% destitution or in'rmity# 2t is suBcient that one% or his orher sector% is below the middle class# More speci'cally% theeconomically =marginali.ed and underrepresented are those whofall in the low income group as classi'ed by the :ational-tatistical Coordination oard#0+

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HO$ AOUT SECTORAL PARTIES O# PRO#ESSIONALS, THEELDERL", $OMEN AND THE "OUTH, DO THE" NEED TO EMARGINALIED'

NO. THEY BELONG TO IDEOLOGY-BASED AND CAUSEORIENTED PARTIES. ALLOWING THEM TO RUN AS PARTYLIST WILL GIVE GIVE SMALL IDEOLOGY-BASED ANDCAUSE-ORIENTED PARTIES WHO LAC= 'WELL-DEFINEDPOLITICAL CONSTITUENCIES A CHANCE TO WIN SEATS INTHE HOUSE OF REPRESENTATIVES.

)he recognition that national and regional parties% as well as

sectoral parties of professionals% the elderly% women and theyouth% need not be =marginali.ed and underrepresented willallow small ideology"based and cause"oriented parties who lac6=well"de'ned political constituencies a chance to win seats in the$ouse of /epresentatives# On the other hand% limiting to the=marginali.ed and underrepresented the 85 parties forlabor% peasant% 'sherfol6% urban poor% indigenous culturalcommunities% handicapped% veterans% overseas wor6ers% andother sectors that by their nature are economically at the marginsof society% will give the =marginali.ed and underrepresented an

opportunity to li6ewise win seats in the $ouse of /epresentatives#)his interpretation will harmoni.e the 1*+, Constitution and /#;#:o# ,*>1 and will give rise to a multi"party system where those=marginali.ed and underrepresented% >/? 0 390 *+0+3420*4 /*/@% will have the opportunity to send their ownmembers to the $ouse of /epresentatives#


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$HAT IS ONE RESULT O# THIS INTERPRETATION'

IT WILL MA=E THE PARTY-LIST SYSTEM HONEST ANDTRANSPARENT.

)his interpretation will also ma6e the party"list system honest andtransparent% eliminating the need for relatively well"o? party"list

representatives to masquerade as =wallowing in poverty%destitution and in'rmity% even as they attend sessions inCongress riding in -A


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$H" ARE POLITICAL PARTIES ALLO$ED TO PARTICIPATE INTHE PART" LIST ELECTIONS THROUGH THEIR SECTORAL$INGS'

TO ENCOURAGE THEM TO WOR= ASSIDUOUSLY INEXTENDING THEIR CONSTITUENCIES TO THE'MARGINALIZED AND UNDERREPRESENTED AND TOTHOSE WHO 'LAC= WELL-DEFINED POLITICALCONSTITUENCIES.

)he 1*+, Constitution and /#;# :o# ,*>1 allow ma5or politicalparties to participate in party"list elections so as to encouragethem to wor6 assiduously in e4tending their constituencies to the=marginali.ed and underrepresented and to those who =lac6well"de'ned political constituencies# )he participation of ma5orpolitical parties in party"list elections must be geared towards the

entry% as members of the $ouse of /epresentatives% of the=marginali.ed and underrepresented and those who =lac6 well"de'ned political constituencies% giving them a voice inlawma6ing#

)hus% to participate in party"list elections% a ma5or political party

that 'elds candidates in the legislative district elections mustorgani.e a sectoral wing% li6e a labor% peasant% 'sherfol6% urbanpoor% professional% women or youth wing% that can register underthe party"list system#


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$HAT IS THE REUIREMENT #OR A SECTORAL $ING'

IT MUST MUST HAVE ITS OWN CONSTITUTION, BY-LAWS,

PLATFORM OR PROGRAM OF GOVERNMENT, OFFICERS ANDMEMBERS, A MA


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$HAT IS THE UALI#ICATION O# A PART"-LIST NOMINEE'

HE MUST BE A BONA-FIDE MEMBER OF THE PARTY ORORGANIZATION WHICH HE OR SHE SEE=S TO REPRESENT.

IN THE CASE OF SECTORAL PARTIES, TO BE A BONA FIDEPARTY-LIST NOMINEE ONE MUST EITHER BELONG TO THE

SECTOR REPRESENTED, OR HAVE A TRAC= RECORD OFADVOCACY FOR SUCH SECTOR.

; party"list nominee must be a bona fde member of the party ororgani.ation which he or she see6s to represent# I/ 89 85 +58, 8 >* +3 +58-8 /4/ /4B8 895 /= 8 89 85 5+5/8, 5 9F 85 55 F 5 B9 85#

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PARTYLIST ELECTIONS ONLY THROUGH ITS SECTORALWING THAT CAN SEPARATELY REGISTER UNDER THE PARTY-LIST SYSTEM. THE SECTORAL WING IS BY ITSELF ANINDEPENDENT SECTORAL PARTY, AND IS LIN=ED TO A

POLITICAL PARTY THROUGH A COALITION.

. SECTORAL PARTIES OR ORGANIZATIONS MAY EITHER BE'MARGINALIZED AND UNDERREPRESENTED OR LAC=INGIN 'WELL-DEFINED POLITICAL CONSTITUENCIES. IT ISENOUGH THAT THEIR PRINCIPAL ADVOCACY PERTAINS TO

THE SPECIAL INTEREST AND CONCERNS OF THEIR SECTOR.THE SECTORS THAT ARE 'MARGINALIZED ANDUNDERREPRESENTED INCLUDE LABOR, PEASANT,FISHERFOL=, URBAN POOR, INDIGENOUS CULTURALCOMMUNITIES, HANDICAPPED, VETERANS, AND OVERSEAS

! RULE IN RELATION TO RULE #, 1$$& RULES OF CIVILPROCEDURE. WOR=ERS. THE SECTORS THAT LAC= 'WELL-DEFINED POLITICAL CONSTITUENCIES INCLUDEPROFESSIONALS, THE ELDERLY, WOMEN, AND THE YOUTH.

#. A MA


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REPRESENT THOSE WHO LAC= 'WELL-DEFINED POLITICALCONSTITUENCIES, EITHER MUST BELONG TO THEIRRESPECTIVE SECTORS, OR MUST HAVE A TRAC= RECORDOF ADVOCACY FOR THEIR RESPECTIVE SECTORS. THE

NOMINEES OF NATIONAL AND REGIONAL PARTIES ORORGANIZATIONS MUST BE BONA-FIDE MEMBERS OF SUCH

PARTIES OR ORGANIZATIONS.

. NATIONAL, REGIONAL, AND SECTORAL PARTIES OR

ORGANIZATIONS SHALL NOT BE DIS;UALIFIED IF SOME OFTHEIR NOMINEES ARE DIS;UALIFIED, PROVIDED THAT

THEY HAVE AT LEAST ONE NOMINEE WHO REMAINS;UALIFIED.

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Atong Paglaum Decision of the Court