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Abundo v COMELEC

1. So did not the SC reiterate the three requisites for the 3 term limit rule to apply
 the official concerned has been elected for 3 consecutive terms in the same
local government post
 the official has fully served 3 consecutive terms
 G: Should be elected not only a candidate because you might have lost the
elections
 G: In this particular case, it’s a reversal of fortune because in this case he was not
proclaimed the winner so he was not able to take his oath to assume office; in
the middle of the term he was latter on proclaimed the winner; during the interim
wherein he was waiting for the result of the election protest he was a private
individual
2. Take note of the first requisite which is election. In this case no less than the
COMELEC is now saying that “you were the one who was elected”; does it not count
as one term then?
 No bc he was not able to serve the term
 G: Go back to requisites; in case of doubt rule in favor of 3 term limit rule because
the court is zealous in guarding against excessive terms of office
3. What about the one who was proclaimed first and served for quite some time; did it
count as one term for him?
 No, because the candidate does not fall under the contemplation of the 2
requisites
o 1st: was not validly elected; void proclamation is no proclamation at
all
o 2nd: did not fully serve the term bc forced to vacate office thus it was
interrupted; no choice but to vacate because there was a writ of
execution
 G: Lucy torres story- Richard Gomez first who ran but was disqualified for
material misrepresentation as to his residence bc it was Lucy who actually
resided in Ormoc; Lucy was domiciled in Ormoc so it was her residence thus she
replaced Richard; Lucy was disqualified shortly before the end of her term bc the
COMELEC said that Richard not a candidate to begin with so he cannot be
validly substituted; Lucy “theoretically” had to vacate; Lucy’s term interrupted
so does not count so she can still run for a 3rd and 4th term

Qualifications for Distict Representatives


4. what are the requisites
 natural born citizen of the PH
 registered voter
 resident of the PH for a period for not less than 1y immediately preceding the
day of the election
 able to read and write
 bona fide member of the party or organization which he seeks to represent
for at least 90 days preceding the day of the election
 at least 25 days years of age on the day of the election
5. if you know, when can you be not necessarily natural born but still Filipino and can
run for public office [aka naturalized]
 governor to brgy kagawad: need not be natural born but fil citizen only
 G: natural born citizenship required only from president to district rep & also
ARMM governor, vice-governor and assemblymen
 G: literacy for governor to brgy kagawad it is the ability to read and write the
local dialect
6. party list representatives qualifications
 natural born citizen
 able to read and write
 district voter…
7. district voter where
 Anywhere bc a party list does not represent a legislative district
8. difference between nominee and party list representative
 nominee: those submitted by the party list to the COMELEC; another term
for candidate in relation to party lists
 representative: when your party list wins a seat you become a representative;
candidate chosen by sector or voting public
9. for the youth sector, what if at the time I was elected so my party list won a seat I was
already 29 so during my incumbency I became 31, should I give up my seat
 allowed to complete the term of office because qualified at the time of
election
 G: maturing age at the time of incumbency does not disqualify you
10. party list groups: do you really need to wallow in poverty or be dirt poor
 no, financial status is not a requirement
11. are you saying if I am a billionaire I can be a party list nominee
 yes, as long as you are representing the interest of the marginalized; you need
not be a member of the sector you represent as long as you have a track
record of advocacy espousing the interests of that particular sector
 G: So candidates who are disqualified because of the 3 term limit rule can still
join Congress, can still become a representative through the back gate
 G: GMA’s son was the representative of security guards. How do you expect him
to advance the interests of security guards of the country? But since he was
about to exceed the 3 term limit rule he wanted to be part of Congress by being
a party list rep
 G: basically masking your disqualification with a party list nomination

Atong Paglaum v COMELEC


12. for example, I am to represent PWDs but I am an athlete, can I do that
 yes, you need not be a member of the sector you represent for as long as you
have a track record of advocacy
13. what is a track record of advocacy
 body of work developed for a significant period of time; complete credentials
insofar as your advocacy for a particular sector is concerned
 G: mere photo op not enough as it does not amount to a track record
14. how long is a long period of time
 case to case basis
 G: COMELEC resolution wherein one must prove membership in that particular
sector, aside from track record
15. what do you understand by marginalized
 Wala tagda
16. what about lacking well-defined political constituencies
 some sectors that fail to secure a seat because membership is not enough
17. summarize who are really qualified to be PL nominees
 members of the sector or those with a track record of advocacy
 citizenship requirement
 ability to read and write
 member of the sector you represent at least 90d prior to date of election
 at least 25 …
18. are they natural born citizens or just Filipino citizens
 natural born

Sectors to be Represented by PL
19. under Consti, what are the sectors to be represented
 labor
 peasant
 urban poor
 fisherfolk
 women
 youth
 others as may be provided by law…
20. when you say “other as may be provided by law” what does it mean
 not self-executing
 G: Congress given leeway to add as long as in the enumeration they are similarly
situated
21. so can Congress add to that enumeration
 yes
22. so did Congress add
 yes, the PL law
23. who were added
 veterans
 OFWs
 PWDs
24. how do you classify the sectors
 marginalized or underrepresented
 lacking well-defined political constituents
25. who fall under marginalized
 urban poor
 indigenous cultural communities
26. who fall under lacking well-defined constituencies
 women
 youth
27. PWDs, do they lack well-defined political constituencies
 yeah, they are only few in number in a particular district but if you total them
in the entire PH they could produce enough votes to have a representative
 G:in a particular district, dili nila kaya or there are not enough numbers for them
but in totality nationwide it would be more than enough to have a seat in
Congress by way of PL
28. can the religious sector be represented
 no, it is an exception
29. can Congress legislate allowing the religious sector to be represented
 no, contrary to mandate of Consti [separation of church and state]
30. when congress added to the enumeration, is that the end of it
 no, because Congress may still legislate to add to the enumeration
31. if a particular sector is not one of those enumerated under the are you saying they
cant send a PL group to Congress
 no, as long as they comply with the requirements provided by the Consti and
none of the disqualifications

Ang Ladlad v COMELEC


32. did the COMELEC raise the issue that the LGBT community is not one of those
sectors enumerated by law for the first time on appeal
 no, sa SC na
 G: mere afterthought meaning they ran out of arguments
 G: SC admonished COMELEC for imposing its morality upon the populace; you
cannot legislate morality
33. Insofar as the PL enumeration is concerned, is that exclusive
 No
 G: even if the law says “these are the sectors” it does not end there bc it is not
exclusive; can still be part of a PL group even if it is not enumerated

34. Example of group not in enumeration but can be part


 Construction workers
35. Can there be a sector for bar flunkers
 Uhmm no
36. OFWs: why do we say they are marginalized when in fact they are earning much
 They pertain to a special class constrained to go out of the country to seek
greener pastures they should be represented in Congress
37. Professionals: why do we allow them to be a PL group
 PL representation should not be limited to those marginalized and
underrepresented but also to those idealogically based
 G: Its not all about money as such is not a sufficient ground to disqualify so long
as you have some special interest to advance in Congress

Nature of List of Nominees | BA-RA 7941 v COMELEC


38. How do you classify the information insofar as the list of nominees is concerned
 confidential
39. COMELEC invoked which law
 No specific answer but
 it prohibited the
 COMELEC from disclosing the names of the PL nominees
 G: SC said that that it is confidential info may be valid to a point but it cannot
supersede the more primordial consideration of the people’s right to information
on matters of public concern
 G: What prompted the COMELEC to classify it as confidential was that it was
during this time that mikey arroyo represented the security guards so COMELEC
was shy
40. what are matters of public concern
 Affects the public either directly or indirectly
 G: Neither jurisprudence nor law define matters of public concern
 G: Anything that sparks public curiosity is a matter of public concern
41. Does jurisprudence ever define matters of public concern
 No but SC in this case compared it to another case where it said that
disclosure of the name of the sanitary officers was matters of public concern
so SC said how much more for those who occupy lofty positions of a PL rep
 G: if we were to follow the argument of COMELEC it would result in blind
voting because essentially the people will never know who are the people
behind that particular PL