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CASE 2013-0006: ATONG PAGLAUM, INC. VS. COMMISSION ON ELECTION AND OTHER OTHER CASES (G.R. 203766 ETC., 02 APRIL 2013, CARPIO, J.) SUBJECT/S: PARTY LIST (BRIEF TITLE: ATONG PAGLAUM VS COMELEC) SUBJECTS/DOCTRINES WHAT ESSENTIALLY WAS THE RULING OF THE COURT:
We hold that the COMELEC did not commit grave abuse of discretion in following prevailing decisio this Court in disqualifying petitioners from participating in the coming 13 May 2013 party-list electi However, since the Court adopts in this Decision new parameters in the qualification of national , regional, and sectoral parties under the party-list system, thereby abandoning the rulings in the decisions applied by the COMELEC in disqualifying petitioners, we remand to the COMELEC all the present petitions for the COMELEC to determine who are qualified to register under the partylist system, and to participate in the coming 13 May 2013 party-list elections, under the new paramete prescribed in this Decision. WHAT IS THE OBJECTIVE OF THE PARTY LIST SYSTEM SYSTEM UNDER THE 1987 CONSTITUTION? CONSTITUTION?
TO DEMOCRATIZE POLITICAL POWER BY GIVING POLITICAL PARTIES THAT CANNOT WIN IN LEGISLA DISTRICT ELECTIONS A CHANCE TO WIN S EATS IN THE HOUSE OF REPRESENTATIVES. The 1987 Constitution provides the basis for the par ty-list system ofrepresentation. Simply put, the party-list system is intended to democratize political power by g iving political parties that cannot w legislative district elections a chance to w in seats in the House of Representatives.50 The voter elec two representatives in the House of Representatives: one for his or her legislative district, and anot for his or her party-list group or organization of choice. Read Free Foron 30this Days Sign up to vote title
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WHAT IS THE COMMON DENOMINATOR BETWEEN SECTORAL AND NON-SECTORAL PARTIES? THEY CANNOT EXPECT TO WIN IN LEGISLATIVE DISTRICT ELECTIONS BUT THEY CAN GARNER, IN NATIONWIDE ELECTIONS.
The common denominator between sectoral and non-sectoral parties is that they cannot expect to in legislative district elections but they can gar ner, in nationwide elections, at least the same numb votes that winning candidates can garner in leg islative district elections. The party-list system will b entry point to membership in the House of Representatives for both these non-traditional parties t could not compete in legislative district elections. WHAT COMPOSE THE PARTY LIST SYSTEM?
THREE DIFFERENT GROUPS: (1) NATIONAL PARTIES OR ORGANIZATIONS; (2) REGIONAL PARTIES OR ORGANIZATIONS; AND (3) SECTORAL PARTIES OR ORGANIZATIONS.
Thus, the party-list system is composed of three different groups: (1) national parties or organizatio (2) regional parties or organizations; and (3) sectoral parties o r organizations. National and regiona parties or organizations are different from secto ral parties or organizations. National and regional parties or organizations need not be organized along se ctoral lines and need not represent any particular sector.
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WHAT IS THE PROOF THAT THE PARTY LIST SYSTEM IS NOT EXCLUSIVELY FOR SECTORAL PARTIES? Unlock full access with a free trial.
SECTION 5(2), ARTICLE VI OF THE 1987 CONSTITUTION WHICH MANDATES THAT, DURING THE FIRS THREE CONSECUTIVE TERMS OF CONGRESS AFTERWith THE RATIFICATION OF THE 1987 CONSTITUTION Download Free Trial AS PROV “ONE-HALF OF THE SEATS ALLOCATED TO PARTY-LIST REPRESENTATIVES SHALL BE FILLED, Read Free For 30 Days Sign up to vote on this title BY LAW, BY SELECTION OR ELECTION FROM THE LABOR, PEASANT, URBAN POOR, INDIGENOUS Useful Not useful SECTORS CULTURAL COMMUNITIES, WOMEN, YOUTH, AND SUCH OTHER AS MAY BE PROVI DED BY Cancel anytime. THE RELIGIOUS SECTOR.” Special offer forEXCEPT students: Only $4.99/month.
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Hence, the clear intent, express wording, and party-list structure ordained in Section 5(1) and (2), A VI of the 1987 Constitution cannot be disputed: the party-list system is not for sectoral parties only also for non-sectoral parties. WHAT IS THE DIFFERENCE BETWEEN A POLITICAL PARTY AND A SECTORAL PARTY. THE DIFFERENCE IS STATED IN R.A. NO. 7941. POLITICAL PARTY REFERS TO AN ORGANIZED GROUP OF CITIZENS ADVOCATING AN IDEOLOGY OR PLATFORM, PRINCIPLES AND POLICIES FOR THE GENERAL CONDUCT OF GOVERNMENT.”
A SECTORAL PARTY REFERS TO AN ORGANIZED GROUP OF CITIZENS BELONGING TO ANY OF THE SECTORS ENUMERATED IN SECTION 5 HEREOF WHOSE PRINCIPAL ADVOCACY PERTAINS TO THE SPE INTEREST AND CONCERNS OF THEIR SECTOR.”
Section 3(a) of R.A. No. 7941 defines a “party” as “either a political party or a sectoral party or a coalition of parties.” Clearly, a political party is different from a sectoral party. Section 3(c) of R.A. N 7941 further provides that a “political party refe rs to an organized group of citizens advocating an
ideology or platform, principles and policies for the general c onduct of government.” On the other Section 3(d) of R.A. No. 7941 provides that a “sectoral party refers to an or ganized group of citizens You're Reading a Preview belonging to any of the sectors e numerated in Section 5 hereof whose principal advocacy pertains special interest and concerns of their sector.” R.A. No.with 7941 provides Unlock full access a free trial. different definitions for a poli and a sectoral party. Obviously, they are separate and distinct from each other.
Download With Free Trial Master your with Scribd DOES R.A.semester NO. 7941 REQUIRE NATIONAL AND REGIONAL PARTIES TO REPRESENT THE MARGINALIZE Read Free Foron 30this Days Sign up to vote title AND UNDERREPRESENTED SECTORS? & The New York Times Useful Not useful Cancel anytime.
TO REQUIRE ALL NATIONAL AND REGIONAL PARTIES UNDER THE PARTY-LIST SYSTEM TO Special offer forNO. students: Only $4.99/month. REPRESENT THE “MARGINALIZED AND UNDERREPRESENTED” I S TO DEPRIVE AND EXCLUDE, BY JUD
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Section 5 of R.A. No. 7941 states that “the sectors shall include labor, peasant, fisherfolk, urban poo indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers professionals.”56 The sectors mentioned in Section 5 are not all necessarily “marginalized and underrepresented.” For sure, “professionals” are not by definition “marginalized and underrepresented,” not even the elderly, women, and the youth. However, professionals, the elder women, and the youth may “lack well -defined political constituencies,” and can thus organize themselves into sectoral parties in advocacy of the special interests andconcerns of their respective sectors.
Section 6 of R.A. No. 7941 prov ides another compelling reason for holding that the law does not re national or regional parties, as well as ce rtain sectoral parties in Section 5 of R.A. No. 7941, to repre the “marginalized and underrepresented.” Section 6 provides the grounds for the COMELEC to refu cancel the registration of parties o r organizations after due notice and hearing.
WHAT IS THE CONSEQUENCE IF WE INTERPRET THAT ALL THE SECTORS MENTIONED IN SECTION 5 A MARGINALIZED AND UNDERREPRESENTED?
IT WOULD LEAD TO ABSURDITIES. On the contrary, to even interpret that all the sectors me ntioned in Section 5 are “marginalized and You're Reading a Preview underrepresented” would lead to absurdities. Unlock full access with a free trial.
TO WHAT DOES THE PHRASE MARGINALIZED AND UNDERREPRESENTED REFER TO TAKING INTO ACCOUNT THE BROAD POLICY DECLARATION IN SECTION 2OFTrial R.A. NO. 7941 WITH ITS SPECIFIC Download With Free IMPLEMENTING PROVISIONS, BEARING IN MIND THE APPLICABLE PROVISIONS OF THE 1987 Read Free Foron 30this Days Sign up to vote title CONSTITUTION ON THE MATTER? Useful Not useful
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PHRASE SHOULD REFER ONLY TO THE SECTORS IN SEC TION 5 THAT ARE, BY THEIR NATURE, Special offer forTHE students: Only $4.99/month. ECONOMICALLY “MARGINALIZED AND UNDERREPRESENTED.”
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HOW ABOUT THE NOMINEES OF THE THE SECTORAL PARTY?
EITHER THEY MUST BELONG TO THE SECTOR OR MUST HAVE A TRACK RECORD OF ADVOCACY FOR SECTOR. The nominees of the sectoral party either must belong to the sector, or must have a track record of advocacy for the sector represe nted. Belonging to the “marginalized and underrepresented” sector not mean one must “wallow in poverty, destitution or infirmity.” It is sufficient that one, or his or h sector, is below the middle class. More specifically, the economically “marginalized and underrepresented” are those who fall in the low income group as classified by the National Statistic Coordination Board.58 HOW ABOUT SECTORAL PARTIES OF PROFESSIONALS, THE ELDERLY, WOMEN AND THE YOUTH, DO NEED TO BE MARGINALIZED?
NO. THEY BELONG TO IDEOLOGY-BASED AND CAUSE ORIENTED PARTIES. ALLOWING THEM TO RUN PARTY LIST WILL GIVE GIVE SMALL IDEOLOGY-BASED AND CAUSE-ORIENTED PARTIES WHO LACK “WELL-DEFINED POLITICAL CONSTITUENCIES” A CHANCE TO WIN SEATS IN THE HOUSE OF REPRESENTATIVES. The recognition that national and regional parties, as well as sectoral parties of professionals, the elderly, women and the youth, need not be “marginalized and underrepresented” will allow small ideology-based and cause-oriented parties who lack “well-defined political constituencies” a chance win seats in the House of Representatives. On the other hand, limiting to the “marginalized and You're Reading a Preview underrepresented” the sectoral parties for labor, peasant, fisherfolk, urban poor, indigenous cultur communities, handicapped, veterans, Unlock overseas workers, other full access withand a free trial. sectors that by their nature are economically at the margins of society, will give the “marginalized and underrepresented” an opportunity to likewise win seats in theDownload House of RWith epresentatives. Free Trial This interpretation will harmoniz 1987 Constitution and R.A. No. 7941 and will give rise to a multi-party system where those Read Free Foron 30this Days Sign up to vote title “marginalized and underrepresented,” both in economic and ideological status, will have the Useful Not useful opportunity to send their own members to the House of Representatives.
Master your semester with Scribd & The New York Times Special offer for students: Only $4.99/month. WHAT IS ONE RESULT OF THIS INTERPRETATION?
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necessarily those that do not belong to major political parties. This automatically reserves the natio and regional parties under the party-list system to those who “lack well -defined political constituencies,” giving them the opportunity to have members in t he House of Representatives.
WHY ARE POLITICAL PARTIES ALLOWED TO PARTICIPATE IN THE PARTY LIST ELECTIONS THROUGH T SECTORAL WINGS?
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 1987 Constitution and R.A. No. 7941 allow major political parties to participate in party-list elec so as to encourage them to work assiduously in extending their constituencies to the “marginalized underrepresented” and to those who “lack well-defined political constituencies.” The participation major political parties in party-list elections must be geared towards the entry, as members of the H of Representatives, of the “marginalized and underrepresented” and those who “lack well-defined political constituencies,” giving them a voice in lawmaking.
Thus, to participate in party-list elections, a major political party t hat fields candidates in the legisla district elections must organize a sector al wing, like a labor, peasant, fisherfolk, urban poor, professional, women or youth wing, that can register under the party-list system. WHAT IS THE REQUIREMENT FOR A SECTORAL WING?
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IT MUST MUST HAVE ITS OWN CONSTITUTION, BY-LAWS, OR PROGRAM OF GOVERNM Unlock full access with aPLATFORM free trial. OFFICERS AND MEMBERS, A MAJORITY OF WHOM MUST BELONG TO THE SECTOR REPRESENTED.
Download With Free Trial Master your semester with Scribd Such sectoral wing of a major political party must have its own constitution, by-laws, platform or Read Free For 30 Days Sign up to vote on this title program of government, officers and members, a majority of whom must belong to the sector & The New YorkTheTimes useful to a m ajor po Useful Not represented. sectoral wing is in itself an independent sectoral party, and is linked Cancel anytime.
through coalition. This linkage is allowed by Section 3 o f R.A. No. 7941, which provides that Special offer forparty students: Only a$4.99/month. “component parties or organizations of a coalition may participate independently (in party-list elec
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WHAT ARE NOW THE NEW PARAMETERS TO BE FOLLOWED BY COMELEC? THEY ARE AS FOLLOWS:
1. THREE DIFFERENT GROUPS MAY PARTICIPATE IN THE PARTY-LIST SYSTEM: (1) NATIONAL PARTIES ORGANIZATIONS, (2) REGIONAL PARTIES OR ORGANIZATIONS, AND (3) SECTORAL PARTIES OR ORGANIZATIONS.
2. NATIONAL PARTIES OR ORGANIZATIONS AND REGIONAL PARTIES OR ORGANIZATIONS DO NOT N TO ORGANIZE ALONG SECTORAL LINES AND DO NOT NEED TO REPRESENT ANY “MARGINALIZED AN UNDERREPRESENTED” SECTOR.
3. POLITICAL PARTIES CAN PARTICIPATE IN P ARTY-LIST ELECTIONS PROVIDED THEY REGISTER UNDE THE PARTY-LIST SYSTEM AND DO NOT FIELD CANDIDATES IN L EGISLATIVE DISTRICT ELECTIONS. A POLITICAL PARTY, WHETHER MAJOR OR NOT, THAT FIELDS CANDIDATES IN LEGI SLATIVE DISTRICT ELECTIONS CAN PARTICIPATE IN PARTYLIST ELECTIONS ONLY THROUGH ITS SECTORAL WING THAT SEPARATELY REGISTER UNDER THE PARTY-LIST SYSTEM. THE SECTORAL WING IS BY I TSELF AN INDEPENDENT SECTORAL PARTY, AND IS LINKED TO A POLITICAL PARTY THROUGH A COALITION.
4. SECTORAL PARTIES OR ORGANIZATIONS MAY EITHER BE “MARGINALIZED AND UNDERREPRESEN OR LACKING IN “WELL-DEFINED POLITICAL CONSTITUENCIES.” IT IS ENOUGH THAT THEIR PRINCIPAL ADVOCACY PERTAINS TO THE SPECIAL INTEREST AND CONCERNS OF THEIR SECTOR. THE SECTORS T ARE “MARGINALIZED AND UNDERREPRESENTED” INCLUDE LABOR, PEASANT, FISHERFOLK, URBAN You're Reading a Preview POOR, INDIGENOUS CULTURAL COMMUNITIES, HANDICAPPED, VETERANS, AND OVERSEAS Unlock full access with a free trial.
62 RULE 64 IN RELATION TO RULE 65, 1997 RULES OF C IVIL PROCEDURE. WORKERS. THE SECTORS T LACK “WELL-DEFINED POLITICAL CONSTITUENCIES” INCLUDE THE ELDERLY, WOME Download With Free PROFESSIONALS, Trial AND THE YOUTH. Read Free Foron 30this Days Sign up to vote title
Master your semester with Scribd & The New York OF Times Useful Not useful 5. A MAJORITY THE MEMBERS OF SECTORAL PARTIES OR ORGANIZATIONS THAT REPRESENT TH Cancel anytime.
AND UNDERREPRESENTED” MUST BELONG TO THE “MARGINALIZED AND Special offer for“MARGINALIZED students: Only $4.99/month. UNDERREPRESENTED” SECTOR THEY REPRESENT. SIMILARLY, A MAJORITY OF THE MEMBERS OF
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