CONSTITUTION I

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TOPIC New guidelines for party-list, controlling rule - These 13 petitioners (ASIN, Manila Teachers, ALA-EH, 1AAAP,
CASE NO. G.R. No. 203766 AKIN, AAB, AI, ALONA, ALAM, KALIKASAN, GUARDJAN,
CASE NAME Atong Paglaum et al. PPP, and PBB) were not able to secure a mandatory injunction from
this Court
PONENTE Carpio, J.
- The COMELEC excluded the names of these 13 petitioners in the
PETITIONER Atong Paglaum et al. printing of the official ballot for the 13 May 2013 party-list elections
RESPONDENT COMELEC - However, these 39 petitioners (AKB, Atong Paglaum, ARAL, ARC,
TYPE OF Consolidated petitions for Certiorari and Prohibition UNIMAD, 1BRO-PGBI, 1GANAP/GUARDIANS, A BLESSED
CASE Party-List, 1-CARE, APEC, AT, ARARO, AGRI, AKMA-PTM,
MEMBER Prisha Cruz KAP, AKO-BAHAY, BANTAY, PACYAW, PASANG MASDA,
KAKUSA, AG, ANAD, GREENFORCE, FIRM 24-K, ALIM,
ISSUE AAMA, SMART, ABP, BAYANI, AANI, A-IPRA, COCOFED,
ABANG LINGKOD, ABROAD, BINHI, BUTIL, 1st KABAGIS, 1-
1. W/N the COMELEC committed grave abuse of discretion in UTAK, SENIOR CITIZENS) were able to secure a mandatory
disqualifying petitioners from participating in the 13 May 2013 party- injunction from this Court, directing the COMELEC to include the
list elections, either by denial of their new petitions for registration names of these 39 petitioners in the printing of the official ballot for
under the party-list system, or by cancellation of their existing the 13 May 2013 party-list elections
registration and accreditation as party-list organizations. - This Decision governs only the 54 consolidated petitions that were
2. W/N the criteria for participating in the party-list system laid down in granted Status Quo Ante Orders
Ang Bagong Bayani and Barangay Association for National
Advancement and Transparency v. COMELEC (BANAT) should be RATIO DECIDENDI
applied by the COMELEC in the coming 13 May 2013 party-list
elections. 1. W/N the COMELEC committed grave abuse of discretion in
disqualifying petitioners from participating in the 13 May 2013
RELEVANT FACTS party-list elections, either by denial of their new petitions for
registration under the party-list system, or by cancellation of their
- Pursuant to the provisions of Republic Act No. 7941 (R.A. No. 7941) existing registration and accreditation as party-list organizations?
and COMELEC Resolution Nos. 9366 and 9531, approximately 280 NO.
groups and organizations registered and manifested their desire to
participate in the 13 May 2013 party-list elections The 1987 Constitution provides the basis for the party-list system of
- Several party-lists were denied of participation due to several reasons, representation. Simply put, the party-list system is intended to
such as failure of nominees to qualify, failure to represent democratize political power by giving political parties that cannot win in
marginalized sector of society, and failure to prove track record legislative district elections a chance to win seats in the House of
Representatives. The Constitution provides:

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Section 5, Article VI Indisputably, the framers of the 1987 Constitution intended the party-list
system to include not only sectoral parties but also non-sectoral parties.
(1) The House of Representatives shall be composed of not more than two The framers intended the sectoral parties to constitute a part, but not the
hundred and fifty members, unless otherwise fixed by law, who shall be entirety, of the party-list system. As explained by Commissioner Wilfredo
elected from legislative districts apportioned among the provinces, cities, Villacorta, political parties can participate in the party- list system "[F]or
and the Metropolitan Manila area in accordance with the number of their as long as they field candidates who come from the different marginalized
respective inhabitants, and on the basis of a uniform and progressive sectors that we shall designate in this Constitution."
ratio, and those who, as provided by law, shall be elected through a party-
list system of registered national, regional, and sectoral parties or In the end, the proposal to give permanent reserved seats to certain sectors
organizations. was outvoted.

(2) The party-list representatives shall constitute twenty per centum of the The indisputable intent of the framers of the 1987 Constitution to include
total number of representatives including those under the party list. For in the party-list system both sectoral and non-sectoral parties is clearly
three consecutive terms after the ratification of this Constitution, one-half written in Section 5 (1), Article VI of the Constitution.
of the seats allocated to party-list representatives shall be filled, as
provided by law, by selection or election from the labor, peasant, urban What the framers intended, and what they expressly wrote in Section 5
poor, indigenous cultural communities, women, youth, and such other (1), could not be any clearer: the party-list system is composed of three
sectors as may be provided by law, except the religious sector. different groups, and the sectoral parties belong to only one of the three
groups. The text of Section 5 (1) leaves no room for any doubt that
Sections 7 and 8, Article IX-C national and regional parties are separate from sectoral parties.

Sec. 7. No votes cast in favor of a political party, organization, or Moreover, Section 5 (2), Article VI of the 1987 Constitution mandates
coalition shall be valid, except for those registered under the party-list that, during the first three consecutive terms of Congress after the
system as provided in this Constitution. ratification of the 1987 Constitution, "one- half of the seats allocated to
party-list representatives shall be filled, as provided by law, by selection
Sec. 8. Political parties, or organizations or coalitions registered under or election from the labor, peasant, urban poor, indigenous cultural
the party-list system, shall not be represented in the voters' registration communities, women, youth, and such other sectors as may be provided
boards, boards of election inspectors, boards of canvassers, or other by law, except the religious sector." This provision clearly shows again
similar bodies. However, they shall be entitled to appoint poll watchers that the party-list system is not exclusively for sectoral parties for two
in accordance with law. obvious reasons.

Commissioner Christian S. Monsod, the main sponsor of the party-list First, the other one-half of the seats allocated to party-list representatives
system, stressed that "the party-list system is not synonymous with that of would naturally be open to non-sectoral party-list representatives, clearly
the sectoral representation." negating the idea that the party- list system is exclusively for sectoral
parties representing the "marginalized and underrepresented." Second, the

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reservation of one-half of the party-list seats to sectoral parties applies hand, limiting to the "marginalized and underrepresented" the sectoral
only for the first "three consecutive terms after the ratification of this parties for labor, peasant, fisherfolk, urban poor, indigenous cultural
Constitution," clearly making the party-list system fully open after the end communities, handicapped, veterans, overseas workers, and other sectors
of the first three congressional terms. that by their nature are economically at the margins of society, will give
the "marginalized and underrepresented" an opportunity to likewise win
Hence, the clear intent, express wording, and party-list structure ordained seats in the House of Representatives.
in Section 5 (1) and (2), Article VI of the 1987 Constitution cannot be
disputed: the party-list system is not for sectoral parties only, but also for This interpretation will harmonize the 1987 Constitution and R.A. No.
non-sectoral parties. 7941 and will give rise to a multi-party system where those "marginalized
and underrepresented," both in economic and ideological status, will have
Under the party-list system, an ideology-based or cause-oriented political the opportunity to send their own members to the House of
party is clearly different from a sectoral party. A political party need not Representatives.
be organized as a sectoral party and need not represent any particular
sector. It is sufficient that the political party consists of citizens who Because the COMELEC followed the jurisprudence that will be discussed
advocate the same ideology or platform, or the same governance below, they cannot be faulted for grave abuse of discretion.
principles and policies, regardless of their economic status as citizens.
2. W/N the criteria for participating in the party-list system laid down
Section 6 of RA 7941 provides the grounds for the COMELEC to refuse in Ang Bagong Bayani and Barangay Association for National
or cancel the registration of parties or organizations after due notice and Advancement and Transparency v. COMELEC (BANAT) should be
hearing. None of the 8 grounds to refuse or cancel registration refers to applied by the COMELEC in the coming 13 May 2013 party-list
non-representation of the "marginalized and underrepresented." elections? NO.

The phrase "marginalized and underrepresented" should refer only to the To recall, Ang Bagong Bayani expressly declared, in its second guideline
sectors in Section 5 that are,by their nature, economically "marginalized for the accreditation of parties under the party-list system, that "while
and underrepresented." These sectors are: labor, peasant, fisherfolk, urban even major political parties are expressly allowed by RA 7941 and the
poor, indigenous cultural communities, handicapped, veterans, overseas Constitution to participate in the party-list system, they must comply with
workers, and other similar sectors. For these sectors, majority of the the declared statutory policy of enabling 'Filipino citizens belonging to
members of the sectoral party must belong to the "marginalized and marginalized and underrepresented sectors . . . to be elected to the House
underrepresented." of Representatives.'" However, the requirement in Ang Bagong Bayani, in
its second guideline, that "the political party . . . must represent the
The recognition that national and regional parties, as well as sectoral marginalized and underrepresented," automatically disqualified major
parties of professionals, the elderly, women and the youth, need not be political parties from participating in the party-list system. This inherent
"marginalized and underrepresented" will allow small ideology-based and inconsistency in Ang Bagong Bayani has been compounded by the
cause-oriented parties who lack "well-defined political constituencies" a COMELEC's refusal to register sectoral wings officially organized by
chance to win seats in the House of Representatives. On the other major political parties. BANAT merely formalized the prevailing practice

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when it expressly prohibited major political parties from participating in must comply with the declared statutory policy of enabling "Filipino
the party-list system, even through their sectoral wings. citizens belonging to marginalized and underrepresented sectors . . . to be
elected to the House of Representatives." . ...
Section 9 of R.A. No. 7941 prescribes the qualifications of party-list xxx xxx xxx
nominees. This provision prescribes a special qualification only for the Third, . . . the religious sector may not be represented in the party-list
nominee from the youth sector. system.
xxx xxx xxx
Section 9. Qualifications of Party-List Nominees. — No person shall be Fourth, a party or an organization must not be disqualified under Section
nominated as party-list representative unless he is a natural-born citizen 6 of RA 7941, which enumerates the grounds for disqualification as
of the Philippines, a registered voter, a resident of the Philippines for a follows:
period of not less than one (1) year immediately preceding the day of the "(1) It is a religious sect or denomination, organization or association,
election, able to read and write, a bona fide member of the party or organized for religious purposes;
organization which he seeks to represent for at least ninety (90) days (2) It advocates violence or unlawful means to seek its goal;
preceding the day of the election, and is at least twenty-five (25) years (3) It is a foreign party or organization;
of age on the day of the election. (4) It is receiving support from any foreign government, foreign political
party, foundation, organization, whether directly or through any of its o
In case of a nominee of the youth sector, he must at least be twenty-five cers or members or indirectly through third parties for partisan election
(25) but not more than thirty (30) years of age on the day of the election. purposes;
Any youth sectoral representative who attains the age of thirty (30) (5) It violates or fails to comply with laws, rules or regulations relating to
during his term shall be allowed to continue in office until the expiration elections;
of his term. (6) It declares untruthful statements in its petition;
(7) It has ceased to exist for at least one (1) year; or
In the case of sectoral parties, to be a bona fide party-list nominee one (8) It fails to participate in the last two (2) preceding elections
must either belong to the sector represented, or have a track record of or fails to obtain at least two per centum (2%) of the votes cast under the
advocacy for such sector. party-list system in the two (2) preceding elections for the constituency in
which it has registered."
Ang Bagong Bayani laid down the guidelines for qualifying those who Fifth, the party or organization must not be an adjunct of, or a project
desire to participate in the party-list system: organized or an entity funded or assisted by, the government.
xxx xxx xxx
First, the political party, sector, organization or coalition must represent Sixth, the party must not only comply with the requirements of the law; its
the marginalized and underrepresented groups identified in Section 5 of nominees must likewise do so.
RA 7941.
Seventh, not only the candidate party or organization must represent
Second, while even major political parties are expressly allowed by RA marginalized and underrepresented sectors; so also must its nominees.
7941 and the Constitution to participate in the party-list system, they

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Eighth, . . . the nominee must likewise be able to contribute to the not need to represent any "marginalized and underrepresented"
formulation and enactment of appropriate legislation that will bene t the sector.
nation as a whole.
3. Political parties can participate in party-list elections provided they
By a vote of 8-7 in BANAT, this Court stretched the Ang Bagong Bayani register under the party-list system and do not field candidates in
ruling further. In BANAT, the majority officially excluded major political legislative district elections. A political party, whether major or not,
parties from participating in party-list elections, abandoning even the lip- that fields candidates in legislative district elections can participate in
service that Ang Bagong Bayani accorded to the 1987 Constitution and party-list elections only through its sectoral wing that can separately
R.A. No. 7941 that major political parties can participate in party-list register under the party-list system. The sectoral wing is by itself an
elections. independent sectoral party, and is linked to a political party through
a coalition.
We cannot, however, fault the COMELEC for following prevailing
jurisprudence in disqualifying petitioners. In following prevailing 4. Sectoral parties or organizations may either be "marginalized and
jurisprudence, the COMELEC could not have committed grave abuse of underrepresented" or lacking in "well-defined political
discretion. However, for the coming 13 May 2013 party- list elections, we constituencies." It is enough that their principal advocacy pertains to
must now impose and mandate the party-list system actually envisioned the special interest and concerns of their sector. The sectors that are
and authorized under the 1987 Constitution and R.A. No. 7941. "marginalized and underrepresented" include labor, peasant,
fisherfolk, urban poor, indigenous cultural communities,
We declare that it would not be in accord with the 1987 Constitution and handicapped, veterans, and overseas workers. The sectors that lack
R.A. No. 7941 to apply the criteria in Ang Bagong Bayani and BANAT "well-defined political constituencies" include professionals, the
in determining who are qualified to participate in the coming 13 May 2013 elderly, women, and the youth.
party-list elections. For this purpose, we suspend our rule that a party may
appeal to this Court from decisions or orders of the COMELEC only if 5. Majority of the members of sectoral parties or organizations that
the COMELEC committed grave abuse of discretion. represent the "marginalized and underrepresented" must belong to
the "marginalized and underrepresented" sector they represent.
In determining who may participate in the coming 13 May 2013 and Similarly, majority of the members of sectoral parties or
subsequent party-list elections, the COMELEC shall adhere to the organizations that lack "well-defined political constituencies" must
following parameters: belong to the sector they represent. The nominees of sectoral parties
or organizations that represent the "marginalized and
1. Three different groups may participate in the party-list system: (1) underrepresented," or that represent those who lack "well-defined
national parties or organizations, (2) regional parties or political constituencies," either must belong to their respective
organizations, and (3) sectoral parties or organizations. sectors, or must have a track record of advocacy for their respective
sectors. The nominees of national and regional parties or
2. National parties or organizations and regional parties or organizations must be bona- de members of such parties or
organizations do not need to organize along sectoral lines and do organizations.

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6. National, regional, and sectoral parties or organizations shall not

be disqualified if some of their nominees are disqualified, provided
that they have at least one nominee who remains qualified.

The COMELEC excluded from participating in the 13 May 2013 party-

list elections those that did not satisfy these two criteria: (1) all national,
regional, and sectoral groups or organizations must represent the
"marginalized and underrepresented" sectors, and (2) all nominees must
belong to the "marginalized and underrepresented" sector they represent.
However, the disqualification of petitioners, and their nominees,
under such circumstances is contrary to the 1987 Constitution and
R.A. No. 7941.

The present petitions should be remanded to the COMELEC not because

the COMELEC committed grave abuse of discretion in disqualifying
petitioners, but because petitioners may now possibly qualify to
participate in the coming 13 May 2013 party-list elections under the
new parameters prescribed by this Court.

DISPOSITIVE POSITION

Wherefore, all the 54 PETITIONS are GRANTED.

DOCTRINE/PRECEDENT

- See new guidelines in the ratio decidendi.