5.
atong paglaum v comelec
facts :
these is compilation of 54 petitions for certiorari and prohibitions filed by 52 party list groups for
their disqualifications from comelec pursuant to resolution 9366 9531 which states rules and
regulations in regards to party list groups or organizations election, however commission on elections
denied their petitions.
petitioners prayed for TRO and writ of preliminary injunction ( to refrain from performing an act )
issue :
won comelec committted grave abuse of discretion for disqualifying the petitioners
ruling :
comelec did not commit grave abuse of discretion
the party-list system is composed of three different groups: (1) national parties or organizations; (2)
regional parties or organizations; and (3) sectoral parties or organizations. National and regional
parties or organizations are different from sectoral parties or organizations. National and regional
parties or organizations need not be organized along sectoral lines and need not represent any
particular sector.
reason for disqualification:
1. The nominees do not belong
to any of the sectors which
the group seeks to represent.
2. The nominees did not
appear to be marginalized and
underrepresented.
3. Failure to comply with the
track record requirement.
4. The party violated election
laws because its nominees
had a term-sharing
agreement.
Republic Act No. 7941 or the Party-List System Act, which is the law that implements the party-list
system prescribed in the Constitution, provides:
Section 3. Definition of Terms. (a) The party-list system is a mechanism of proportional representation
in the election of representatives to the House of Representatives from national, regional and sectoral
parties or organizations or coalitions thereof registered with the Commission on Elections (COMELEC).
Component parties or organizations of a coalition may participate independently provided the
coalition of which they form part does not participate in the party-list system.
(b) A party means either a political party or a sectoral party or a coalition of parties.
(c) A political party refers to an organized 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.
It is a national party when its constituency is spread over the geographical territory of at least a
majority of the regions. It is a regional party when its constituency is spread over the geographical
territory of at least a majority of the cities and provinces comprising the region.
(d) 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 special interest and
concerns of their sector.
(e) A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share
similar physical attributes or characteristics, employment, interests or concerns.
(f) A coalition refers to an aggrupation of duly registered national, regional, sectoral parties or
organizations for political and/or election purposes. (Emphasis supplied)
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. No.
7941 further provides that a "political party refers to an organized group of citizens advocating an
ideology or platform, principles and policies for the general conduct of government." On the other
hand, Section 3(d) of R.A. No. 7941 provides that 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 special interest and concerns of their sector." R.A. No. 7941 provides different
definitions for a political and a sectoral party. Obviously, they are separate and distinct from each
other.
"marginalized and underrepresented sectors, organizations and parties, and who lack well-defined
political constituencies,
