ABANG LINGKOD LINGKOD v. COMELEC COMELEC
GR No. 206952; October 22, 2013 Doctrine: 1987 Consti Sec 5: Party-Lists: Meaning of National, Regional, & Sectoral
Organization Facts: ABANG LINGKOD ( AL for brevity in this digest) is a
sectoral organization that represents peasant farmers and fisherfolk. On August 12, 2012, COMELEC required registered party-list groups to undergo summary evidentiary hearing to determine their compliance with requirements in RA 7941 and the guidelines in B agong Bayani v COMELEC. In 2013, the Court in Atong Paglaum v. COMELEC prescribed additional parameters for screening for party-lists. Prior to the hearing, COMELEC cancelled AL’s registration as party for failing to establish its track record in uplifting the cause of the marginalized and underrepresented and for misrepresentation. According to COMELEC, proof of consistent participation and advocacy was required but AL only showed proof of projects (via pictures of the projects) that are sporadic and seasonal; furthermore, COMELEC reveals that there was misrepresentation as AL “photoshopped” pictures of two of their projects to include the name of the same party-list in the banners. According to AL, COMELEC gravely abused its discretion when it cancelled AL’s registration. AL’s registration. AL files petition to reverse COMELEC’s cancellation of AL’s AL’s registration as a party-list.
Issues:
1. WON AL was denied due process when COMELEC cancelled its registration. 2. WON COMELEC gravely abused its discretion in cancelling AL’s registration under the party-list system. Held: The petition is meritorious. Court rules for the
reversal of cancellation. 1. Yes. AL was denied due process. The essence of due process is simply an opportunity to be heard and explain oneself. The Supreme Court granted the petition of AL and 54 other petitions p etitions by other party-lists. 2. Yes. The flaw in COMELEC’s disposition lies is that it insists on requiring party-list groups to present track record evidence in representing the marginalized. The guidelines and requirements for party-list registration, set in Sec 5 of RA 7941, Ang 7941, Ang Bagong Bayani, Bayani, and Atong and Atong Paglaum Paglaum did did not require track record proof, but rather only documents in terms of their constitution, by-laws, platform, coalition agreement, and other relevant information. Track records are not required with national and regional organizations and there is no logic in treating secto ral organizations differently. Also, while the Court does not condone misrepresentation of proof vis-à-vis photoshopping, since track records is not required, th en the misrepresentation is no longer grounds for cancellation of registration. Furthermore, only the nominees of the party-lists are required to show proof of track record of advocacy towards the sector, if such nominees do not belong to the marginalized or underrepresented community themselves. But in the instance that nominees are unable to prove track record, this would still not be ground for cancellation of registration.
Irvin Christian D. San Pedro 1-E
