Abang Lingkod vs Comelec Digest

G.R. No. 206952 : OCTOBER 22, 2013 ABANG LINGKOD L INGKOD PARTY PARTY-LIST -LIST (ABANG LINGKOD), P!"!"o#$ P!" !"o#$,, %. CO&&ISSION CO&&I SSION ON ELECTIONS, R'o##!'. REYES, *.: +ACTS: ABANG LINGKOD is a sectoral organization that represents the interests of peasant farmers and sherfolks, and was registered registered nder the part!"list s!stem on Decem#er $$, $%%&' It failed to o#tain the nm#er of (otes needed in the )a! $%*% elections for a seat in the +ose of epresentati(es' On Agst *-, $%*$, ABANG LINGKOD, in compliance with the .O)/L/. Agst &, $%*$ resoltion, led with the .O)/L/. pertinent docments to pro(e its contining compliance with the re0irements nder 'A' No' 1&2*' In a esoltion dated No(em#er 1, $%*$, the .O)/L/. /n Banc cancelled ABANG LINGKOD registration as a part!"list grop' It pointed ot that ABANG LINGKOD failed to esta#lish its track record in plifting the case of the marginalized and nderrepresented3 that it merel! o4ered photographs of some alleged acti(ities it condcted after the )a! $%*% elections' ABANG LINGKOD eld a petitioner for certiorari alleging that the .O)/L/. gra(el! a#sed its discretion in cancelling its registration nder the part!"list s!stem' 5he said petition was consolidated with the separate petitions led #! 6* other part!"list grops whose registration were cancelled or who were denied registration nder the part!"list s!stem' 5he said part!"list grops, inclding ABANG LINGKOD, were a#le to o#tain stats 0o ante orders from the cort'  5he .ort remanded remanded to the .O)/L/. .O)/L/. the cases of pre(iosl! pre(iosl! registered registered part!"list part!"list grops, grops, inclding that of ABANG LINGKOD, to determine whether the! are 0alied nder the part!"list s!stem prsant to the new parameters laid down #! the .ort and, in the a7rmati(e, #e allowed to participate in the )a! $%*8 part!"list elections' On )a! *%, $%*8, the .O)/L/. issed the herein assailed esoltion, which, inter alia, a7rmed the cancellation of ABANG LINGKOD9s registration nder the part!"list s!stem' 5he .O)/L/. issed the esoltion esoltion dated )a! *%, $%*8 sans an! smmar! e(identiar! hearing, citing the pro:imit! of the )a! *8, $%*8 elections as the reason therefor' On )a! *$, $%*8, ABANG LINGKOD soght a reconsideration of the .O)/L/.9s esoltion dated )a! *%, $%*8' +owe(er, on )a! *6, $%*8, ABANG LINGKOD withdrew the motion for reconsideration recons ideration it led with the .O)/L/. and, instead, institted the instant petition with this .ort, alleging that there ma! not #e enogh time for the .O)/L/. to pass pon the merits of its motion for reconsideration considering that the election retrns were alread! #eing can(assed and consolidated #! the .O)/L/.'

ISSE: !$ o$ #o! ABANG LINGKOD /' #"  $o''

4ELD: BANG LINGKOD /' #o! #" o  $o''. POLITICAL LA: "#"'!$!"%  $o''  5he essence of de process process is simpl! simpl! an opportnit! opportnit! to #e heard heard or as applied applied to administrati(e administrati(e or 0asi";dicial proceedings, proceedings, an opportnit! to e:plain one9s side or an opportni opportnit! t! to seek reconsideration of the action or rling complained of' A formal or trial t!pe hearing is not at all times and in all instances essential' 5he re0irements are satised when the parties are a4orded fair and reasona#le opportnit! to e:plain their side of the contro(ers! at hand'
that the .O)/L/. had a4orded ABANG LINGKOD s7cient opportnit! to present e(idence esta#lishing its 0alication as a part!"list grop' It was notied throgh esoltion No' &6*8 that its registration was to #e re(iewed #! the .O)/L/.' 5hat ABANG LINGKOD was a#le to le its )anifestation of Intent and other pertinent docments to pro(e its contining compliance with the re0irements nder 'A' No' 1&2*, which the .O)/L/. set for smmar! hearing on three separate dates, #elies its claim that it was denied de process'  5here was no necessit! for the .O)/L/. to condct frther smmar! e(identiar! hearing to assess the 0alication of ABANG LINGKOD prsant to Atong =aglam' ABANG LINGKOD9s )anifestation of Intent and all the e(idence addced #! it to esta#lish its 0alication as a part!" list grop are alread! in the possession of the .O)/L/.' 5hs, condcting frther smmar! e(identiar! hearing for the sole prpose of determining ABANG LINGKOD9s 0alication nder the part!"list s!stem prsant to Atong =aglamwold ;st #e a sper>it!' .ontrar! to ABANG LINGKOD9s claim, the .ort, in Atong =aglam, did not categoricall! re0ire the .O)/L/. to condct a smmar! e(identiar! hearing for the prpose of determining the 0alications of the petitioners therein prsant to the new parameters for screening part!"list grops'

POLITICAL LA: #77!"o# o $!8-7"'! $"'!$!"o# .ort nds that the .O)/L/. gra(el! a#sed its discretion in cancelling the registration of ABANG LINGKOD nder the part!"list s!stem' 5he .O)/L/. a7rmed the cancellation of ABANG LINGKOD9s registration on the grond that it declared ntrthfl statement in its #id for accreditation as a part!"list grop in the )a! $%*8 elections, pointing ot that it deli#eratel! s#mitted digitall! altered photographs of acti(ities to make it appear that it had a track record in representing the marginalized and nderrepresented' /ssentiall!, ABANG LINGKOD9s registration was cancelled on the grond that it failed to addce e(idence showing its track record in representing the marginalized and nderrepresented' 'A' No' 1&2* did not re0ire grops intending to register nder the part!"list s!stem to s#mit proof of their track record as a grop' 5he track record re0irement was onl! imposed in Ang Bagong Ba!ani where the .ort held that national, regional, and sectoral parties or organizations seeking registration nder the part!"list s!stem mst pro(e throgh their, inter alia, track record that the! trl! represent the marginalized and nderrepresented' In Atong =aglam, the .ort has modied to a great e:tent the ;risprdential doctrines on who ma! register nder the part!"list s!stem and the representation of the marginalized and nderrepresented' ?or prposes of registration nder the part!"list s!stem, national or regional parties or organizations need not represent an! marginalized and nderrepresented sector3 that representation of the marginalized and nderrepresented is onl! re0ired of sectoral organizations that represent the sectors stated nder @ection 6 of 'A' No' 1&2* that are, #! their natre, economicall! marginalized and nderrepresented' .ontrar! to the .O)/L/.9s claim, sectoral parties or organizations, sch as ABANG LINGKOD, are no longer re0ired to addce e(idence showing their track record, i'e' proof of acti(ities that the! ha(e ndertaken to frther the case of the sector the! represent' Indeed, it is enogh that their principal ad(ocac! pertains to the special interest and concerns of their sector' Otherwise stated, it is s7cient that the ideals represented #! the sectoral organizations are geared towards the case of the sectors, which the! represent' Dissenting, )r' stice Leonen, howe(er, maintains that parties or organizations intending to register nder the part!"list s!stem are still re0ired to present a track record notwithstanding the .ort9s prononcement in Atong =aglam3 that the track record that wold ha(e to #e presented wold onl! di4er as to the natre of their groporganization' +e opines that sectoral organizations mst pro(e their links with the marginalized and nderrepresented while national or regional parties or organizations mst show that the! ha(e #een e:isting as a #ona de organization'