TITLE: Ang Ladlad v.

COMELEC
G.R. NO. 190582 DATE: April 8, 2010
PONENTE: DEL CASTILLO, J TOPIC:
FACTS OF THE CASE:

The petitioner is an organization composed of men and women who identify themselves as lesbians, gays,
bisexuals, or trans-gendered individuals (LGBTs). Incorporated in 2003, Ang Ladlad first applied for registration
with the COMELEC in 2006. The COMELEC refused to accredit Ang Ladlad as a party-list organization under
Republic Act (RA) No. 7941, otherwise known as the Party-List System Act. The application for accreditation was
denied on the ground that the organization had no substantial membership base.
PROCEDURAL HISTORY:

On November 11, 2009, after admitting the petitioner's evidence, the COMELEC (Second Division) dismissed the
Petition on moral grounds. When Ang Ladlad sought reconsideration, the COMELEC Chairman upheld the First
Assailed Resolution. He stated in his separate opinion that Ladlad's expressed sexual orientations per se cannot
be said to benefit the nation as a whole. Under Section 2 of R.A. No. 7941, it can be said that the party-list system
is a tool for the realization of aspirations of marginalized individuals whose interests are also the nation's. Until the
time comes when Ladlad is able to justify that having mixed sexual orientations and transgender identities is
beneficial to the nation, its application for accreditation under the party-list system will remain just that.

STATEMENT OF ISSUE/S:

Whether or not Ang Ladlad should be accredited as a party-list organization under Republic Act (RA) No. 7941,
otherwise known as the Party-List System Act

HOLDING

Yes. The Court directed the Commission on Election to grant the petitioner’s application for party-list accreditation.
The COMELEC is incorrect in denying Ang Ladlad's application for registration on the ground that the LGBT sector
is neither enumerated in the Constitution and RA 7941, nor is it associated with or related to any of the sectors in
the enumeration. Respondent mistakenly opines that the Court’s ruling in Ang Bagong Bayani stands for the
proposition that only those sectors specifically enumerated in the law or related to said sectors (labor, peasant,
fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas
workers, and professionals) may be registered under the party-list system. As the Court explicitly ruled in Ang
Bagong Bayani-OFW Labor Party v. Commission on Elections, "the enumeration of marginalized and under-
represented sectors is not exclusive". The crucial element is not whether a sector is specifically enumerated, but
whether a particular organization complies with the requirements of the Constitution and RA 7941.

notes, if any: