ANG BAGONG BAYANI VS COMELEC

 

ANG BAGONG BAYANI VS COMELEC

FACTS:

Akbayan and Ang Bagong Bayani filed their MOTIONS before Comelec to have some party-list groups DELETED FROM THE OFFICIAL LIST OF PARTIES. (for the 2001 elections) They contend that there are SOME POLITICAL PARTIES (PMP, LAKAS-NUCD, NPC, LDP, AKSYON DEMOCRATICO, PDP-LABAN, NATIONALISTA) included in the party-list system. They argue that the party-list system is for the marginalized and underrepresented.

ISSUE:

Whether COMELEC was correct in including some of these political parties in the Party-List Election.

RULING:

SC: THEY ARE QUALIFIED. These political parties cannot be disqualified from the party-list election merely on the ground that they are political parties. The Constitution provides that the members of the House may be elected through a party list system of REGISTERED NATIONAL, REGIONAL AND SECTORAL PARTIES OR ORGANIZATIONS.

Under the Party List Law RA 7941, a PARTY is defined as either a political party or a sectoral party or a coalition of parties. A political party is also defined as a group of citizens advocating an ideology or platform, principles, and policies for the general conduct of government, and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. Thus, political parties, even the major ones, may participate in the party-list elections.

While RA 7941 mentions the labor, peasants, fisher folk, urban poor, ICCs, elderly, handicapped, women, youth, veterans, OFWs and professionals as marginalized and underrepresented, the ENUMERATION IS NOT EXCLUSIVE.

Looking into the Policy behind RA 7941, it is not enough for a candidate to claim representation among these enumerated groups because representation is easy to claim and feign. The party list group (even political parties) must factually and truly represent the marginalized and underrepresented.

Again, the POLICY OF THE LAW: To enable Filipinos belonging to the marginalized and underrepresented sectors who lack well defined political constituencies but who could contribute to legislation.

SC: CASE REMANDED TO COMELEC TO DETERMINE QUALIFICATIONS OF THESE POLITICAL PARTIES.

GUIDELINES:

1. Party must truly represent the marginalized and underrepresented sectors

2. Major political parties allowed but they must still represent the marginalized

3. Religious sector may not be represented but a religious leader may be a nominee

4. Must not be disqualified under Sec 6 RA 7941

5. Must be independent from the government (not adjunct, not funded, not assisted)

6. Nominees must themselves be qualified (age, residence, citizenship)

7. Nominees must belong to the marginalized/underrep

8. Nominee must be able to contribute to appropriate legislation

 

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