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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Constitutional Law 1 –Law 121 Prof. Dante Gatmaytan Abang Lingkod Party-list (ABANG – LINGKOD) v. Commission on Elections (COMELEC)
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Petition for certiorari filed by ABANG LINGKOD assailing the Resolution issued by the COMELEC en banc wh affirmed the cancellation of Abang Lingkod’s registration as a party -list party -list group.
FACTS:
Abang Lingkod - sectoral organization that represents represents the interests of peasant farmers and fisherfolk were registered under the party-list system. o
It participated in May 2010 elections but failed to obtain number of votes for a seat in the H of Representative.
o
ABANG LINGKOD manifested before the COMELEC its intent to participate in the May 2013 elections.
August 2, 2012 – COMELEC issued Resolution No. 9513 which required previous party-lists that have
their Manifestations of Intent to undergo summary evidentiary hearing for the purposes of determini
their continuing compliance with the requirements under RA 7941 and the guidelines set f orth in Ang
Bagong Bayani-OFW Labor Party v. COMELEC. They also released a resolution where they set summa evidentiary hearings of the previously registered party-list groups. o
Following the resolution, ABANG LINKGOD filed with the COMELEC pertinent documents to prove that it is in compliance with the requirements under RA 7941.
After due proceedings, COMELEC en banc decided in its resolution that ABANG LINGKOD’s reg istratio
a party-list is cancelled because it failed to establish its track record regarding their activities which sh
that they are indeed uplifting the cause of the marginalized and the underrepresented. The COMELEC
further added that ABANG LINGKOD also failed to show that its nominees are p art of the marginalize underrepresented underrepresented or that they were involved in activities which aim to shed light to the plight of the marginalized or underrepresented sector it represents.
Abang Lingkod then filed a petition for certiorari, alleging that the COMELEC committed grave abuse discretion in cancelling its registration under the party-list system.
April 2, 2013 - Court in Atom Paglaum, Inc. V. COMELEC COMELEC laid down new parameters to be observed b COMELEC in screening parties, organizations or associations seeking registration under the party -list o
: 1) national parties or Three different groups may participate in the party-list Sign system up to vote on this title 3) sectoralNot organizations, 2) regional parties or organizations , and parties or organizations Useful useful
o
National/Regional National/Regional parties or organizations do not need to organize along sectoral lines an not need to represent any marginalized or underrepresented secto r.
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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Constitutional Law 1 –Law 121 Prof. Dante Gatmaytan
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underrepresented” sector they represent. Similarly, majority of the members of the secto
parties or organizations that lack “well -defined political constituencies” must belong to th
sector they represent. The nominees of sectoral parties that represent “marginalized and underrepresented” or that represent those who lack “well defined political constituencies”
must belong to their respective sectors or must have a track record or advocacy fir their respective sectors. o
National, regional, and sectoral parties or organizations shall not be disqualified if some of
nominees are disqualified, provided that they have at least one nominee who remains qualified.
Court remanded to the COMELEC the cases previously registered as party-lists including ABANG LING to determine whether or not they are still in compliance with the new guidelines set forth in Atom Paglaum.
COMELEC, after reviewing the party-lists again, issued the assailed resolution which affirmed the cancellation of Abang Lingkod’s registration under the party -list system. o
Held tha t in cancelling Abang Lingkod’s registration, it is not enough that the party -list claim
representation of a marginalized or an underrepresented sector because representation is e
to claim and that it is reasonable to require from groups consistent participation and advoca
the sector is seeks to represent. And it also held that the pictures submitted by Abang Lingko
show their track record appears to have been edited to show in the banners that Abang Ling participated in the activites.
Abang Lingkod filed for reconsideration, withdrew motion and filed a petition of certiorari You'rebut Reading a said Preview instead. o
Unlock full access with a freeoftrial. They claim that COMELEC committed grave abuse discretion when it affirmed the ca ncell
of its registration without a summary evidentiary hearing.
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ISSUE/S: 1.
W/N ABANG LINGKOD was denied of due process when the COMELEC affirmed the cancellation of its registration under the party-list system without any summary evidentiary hearing
2.
W/N COMELEC gravely abused its discretion in cancelling ABANG LINGKO D’s registration under the p list system
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JUDGMENT: PETITION IS G RANTED. Resolution issued by COMELEC cancelling the registration of Abang Lingko REVERSED.
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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Constitutional Law 1 –Law 121 Prof. Dante Gatmaytan
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Court just remanded the cases filed by the party-list group to reassess their qualifications in pursuant the new parameters laid down in Atom Paglaum but did require COMELEC to conduct a hearing. The only gave COMELEC the option to conduct further summary evidentiary hearing should they deem it
appropriate to do so. Lastly, the fact that Abang Lingkod was able to file a motion f or reconsideration the COMELEC negates its claim that it was denied due process. 2.
YES. COMELEC gravely abused its discretion in ca ncelling the registration of Abang Lingkod under the party-list system.
COMELEC affirmed the cancellation on the ground that it declared untruthful statement in it
for accreditation through the digitally altered photos for the submission of the track record o the group. o
RA 7941, Sec. 5 did not require groups intending to register under the party-list syst
to show their track record as a group. The track record requirement was ONLY impo
in Ang Bagong Bayani where the court held that national, regional, and sectoral par
or organizations seeking registration under the party-list system must prove throug
their track record that they truly represent the marginalized and the underrepresen Track record mentioned in Ang Bagong Bayani is different to the submission or
presentation of “constitution, bylaws, platform of government, list of officers, coali agreement and other relevant information” which is required in Sec. 5 of RA 7941 o
Under the decision in Atom Paglaum it was established there that the national or
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regional parties need not to represent any marginalized and underrepresented sect and that it is only required of sectoral BUT, still, according to the Unlock full access with aorganizations. free trial.
Paglaum decision in sectoral organizations it is enough that their principal advocacy pertains to the special interests andFree concerns Download With Trialof their sector. o
At the very least, evidence showing track record in representing marginalized and underrepresented sectors is only required from nominees of sectoral parties.
Dissent of Leonen: he maintains that parties or organizations intending to register under the party-list system are still required to present a track record notwithstanding the Court’s pronouncement in Atong Paglaum. And that, sectoral orgs. Must prove their links to the
up to vote on this title marginalized and underrepresented white nationalSign or regional parties must show that they h been existing as a bonafide org. o
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To submit to the dissent wiykd result into a n absurd and unjust situation “Varying t
record” would unnecessarily put premium on groups intending to register as natio
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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Constitutional Law 1 –Law 121 Prof. Dante Gatmaytan
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Failure of Abang Lingkod to present track record of its nominiees justified the cancellation of registration o
Assuming, that the nominees of Abang Lingkod do not have track records showing t
participation in activities, same would not affect the registration of Abang Lingkod a party-list. o
Disqualification of one or some of the nominees of party-list group should not automatically result in the disqualification of the group.
In the case of Abang Lingkod, three of the five nominees are farmers and a thus, not required to present their track record.
DISSENT, LEONEN:
COMELEC did not gravely abuse its discretion. o
Thus, certiorari must not be granted because it should only be exercised when grave abuse o discretion is shown
Atom Paglaum v. COMELEC did not remove the legal r equirement that party-list groups must have proof of their existence and genuineness as provided by law. o
Proof that national, regional, sectoral parties exist are g enuine is required by the law to
determine whether a party-list is eligible for registration, under RA 7941 Sec 2. Kind of reco that is required by law is different from what is required in Ang Bagong Bayani. o
The law which defined political parties and sectoral parties pertains to the use of ideology,
You're Reading a Preview platform, principles, policies, advocacy of special interests and concerns of the sector and
existence of constituencies in defining parties all pertain to evidence of a duly existing and Unlock full access with a free trial. genuine party-list group. – This is what RA 7941 requires from all parties who aspires to
participate in the party-list elections. o
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Atom Paglaum did not remove the genuineness and bondafide existence requirements for
registration with the COMELEC. It only qualified that the nominees of secotral parties need n prove both membership in their sector and their record of advocacy.
COMELEC did not commit grave abuse of discretion in cancelling ABANG LINGKOD’s registration un
the party-list system when the party- list group made an “untruthful statement” which violates RA 7941. o
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Digitally manipulated pictures submitted by ABANG wasNot done to prove the Useful it useful LINGKOD continuous qualifications of the party-list group f or registration with the COMELEC.
o
What is at issue is the genuineness and existence if the party-list group, this includes the
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