Search
Home
Saved
460 views
0
Upload
Sign In
RELATED TITLES
0
Magdalo v. Comelec Uploaded by Nemo Razalan
Books
Audiobooks
Magazines
Save
Embed
Share
Print
Download
News
Documents
Sheet Music
Join
Sarmiento vs Mison Digests
1
of 0
Llamas vs Orbos
Digest Bitonio vs. COA
Search document
political law
MAGDALO PARA SA PAGBABAGO
v.
COMMISSION ON ELECTIONS
G.R. No. 190793, 19 June 2012, EN BANC (Sereno, J .) .) Public knowledge Public knowledge of facts pertainin pertainingg to employment employment of violen violence ce and unlawful unlawful means achieve one’s one’s goals is within the determination of the COMELEC, and such fact is is sufcient deny a party registration and accreditation.
Magdalo sa Pagbabago (MAGDALO) led its Petition for Registration wit the respondent Commission on Elections (COMELEC), seeking its registratio and/or accreditation as a regional political party based in the National Capita Region (NCR) for participation in the 2010 National National and Local Elections. Elections. It wa represented by its Chairperson, Senator Antonio F. Trillanes IV (Trillanes), and it Secretary General, Francisco Ashley L. Acedillo (Acedillo).
Taking cognizance of the Oakwood incident, the COMELEC denie the Petition, claiming that MAGDALO’s purpose was to employ violence an unlawful means to achieve their goals g oals.. ISSUE:
Whether or not the COMELEC gravely abused its discretion when denied the Petition for Registration led by MAGDALO on the ground that th latter seeks to achieve its goals through violent or unlawful means HELD:
MAGDALO contends that it was grave abuse of discretion for th MAGDALO COMELEC to have denied the Petition Petition for Registration not on the basis of fac or evidence on record, record, but on mere speculation and conjectures. conjectures. This argumen cannot be given any merit. Under the Rules of Court, judicial notice notice may taken of matters that are of “public knowledge, knowledge, or are capable of unquestionab
Home
Saved
Books
Audiobooks
Magazines
News
Documents
Sheet Music
Upload
Sign In
Join
Search
Home
Saved
0
460 views
Upload
Sign In
RELATED TITLES
0
Magdalo v. Comelec Uploaded by Nemo Razalan
Books
Audiobooks
Magazines News
Documents
Sheet Music
Save
Embed
Share
Print
Download
Join
122
Sarmiento vs Mison Digests
1
of 0
Llamas vs Orbos
Digest Bitonio vs. COA
Search document
recent jurisprudence
reception of evidence thereon.
The COMELEC did not commit grave abuse of discretion in nding th MAGDALO uses violence or unlawful means to achieve its goals. Under Articl IX-C, Section 2(5) of the 1987 Constitution, parties, organizations and coalition that “seek to achieve their goals through violence or unlawful means” shall b denied registration. This disqualication is reiterated in Section 61 of B.P. 881 which provides that “no political party which seeks to achieve its goal throug violence shall be entitled to accreditation.”
In the present case, the Oakwood incident was one that was attended wit violence. As publicly announced by the leaders of MAGDALO during the sieg their objectives were to express their dissatisfaction with the administration o former President Arroyo and to divulge the alleged corruption in the military an the supposed sale of arms to enemies of the state. Ultimately, they wanted th President, her cabinet members, and the top ofcials of the AFP and the PN to resign. To achieve these goals, MAGDALO opted to seize a hotel occupie by civilians, march in the premises in full battle gear with ammunitions, and plan explosives in the building. These brash methods by which MAGDALO opte You're Reading a Preview to ventilate the grievances of its members and withdraw its support from th full violence. access with a The free trial. government constituted clearUnlock acts of COMELEC did not, therefor commit grave abuse of discretion when it treated the Oakwood standoff Download With Free Trial manifestation of the predilection of MAGDALO for resorting to violence o threats thereof in order to achieve its objectives.
The nding that MAGDALO seeks to achieve its goals through violen or unlawful means did not operate as a prejudgment of Criminal Case No. 03 2784. The power vested by Article IX-C, Section 2(5) of the Constitution Section 61 of BP 881 in the COMELEC to register political parties and ascertai the eligibility of groups to participate in the elections is purely administrative i character. In exercising this authority, the COMELEC only has to assess whethe the party or organization seeking registration or accreditation pursues its goals b employing acts considered as violent or unlawful, and not necessarily criminal i
Home
Saved
Books
Audiobooks
Magazines
News
Documents
Sheet Music
Upload
Sign In
Join
Search
Home
Saved
460 views
0
Upload
Sign In
RELATED TITLES
0
Magdalo v. Comelec Uploaded by Nemo Razalan
Books
Audiobooks
Magazines News
Documents
Sheet Music
Save
Embed
Share
Print
Download
Join
Sarmiento vs Mison Digests
1
of 0
Llamas vs Orbos
Digest Bitonio vs. COA
Search document
political law
as a political party is not a right but only a privilege given to groups who hav qualied and met the requirements provided by law.
Noteworthily, however, in view of the subsequent amnesty granted i favor of the members of MAGDALO, the events that transpired during th Oakwood incident can no longer be interpreted as acts of violence in the contex of the disqualications from party registration.
RUSSEL ULYSSES I. NIEVES
JOCELYN LB. BLANCO, in her capacity as the Regional Director, Regional Ofce No. V, v.
DEPARTMENT OF TRADE AND INDUSTRY
G.R. No. 190422, 19 June 2012, EN BANC (Reyes, J .)
A reassignment from one provincial ofce to another provincial ofce within the sam region is not considered as a “reassignment outside geographical location.” You're Reading a Preview
Russel Ulysses I. Nieves a access Trade and Industry Development Specialis Unlockisfull with a free trial. of the Department of Trade and Industry (DTI). Nieves was formerly assigne to the DTI’s ofce in Sorsogon but wasWith reassigned by to DTI’s provincial ofce i Download Free Trial Albay. A year after his reassignment to DTI-Albay, Nieves requested DTI Region V Director Jocelyn Blanco for his reassignment back to DTI-Sorsogon but was denied.
Nieves appealed his reassignment to the Civil Service Commissio (CSC) asserting that under Section 6(a) of the CSC Omnibus Revised Rules o Reassignment, he is a station-specic employee and is allowed only to be reassigne for a maximum period of one year. CSC however pointed out that Niev appointment is not station-specic but this does not mean that Nieves could b reassigned to DTI-Albay indenitely The CSC ruled that under the Revised R
Home
Saved
Books
Audiobooks
Magazines
News
Documents
Sheet Music
Upload
Sign In
Join
