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  • #34 Election ABANGLINGKOD NG

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    Andrew
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    The Supreme Court ruled that the COMELEC gravely abused its discretion in cancelling the registration of Abang Lingkod as a party-list group. The key issue was whether groups seeking registration under the party-list system still need to comply with the track record requirement. The Court held that sectoral organizations no longer need to submit evidence of past activities and track record to represent the marginalized sector. It is enough that the group's advocacy pertains to the special interests of its sector. The COMELEC erred in still requiring evidence of track record despite there being no basis for this in law.

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    The Supreme Court ruled that the COMELEC gravely abused its discretion in cancelling the registration of Abang Lingkod as a party-list group. The key issue was whether groups seeking registration under the party-list system still need to comply with the track record requirement. The Court held that sectoral organizations no longer need to submit evidence of past activities and track record to represent the marginalized sector. It is enough that the group's advocacy pertains to the special interests of its sector. The COMELEC erred in still requiring evidence of track record despite there being no basis for this in law.

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    © All Rights Reserved
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    8 views2 pages

    #34 Election ABANGLINGKOD NG

    Uploaded by

    Andrew
    The Supreme Court ruled that the COMELEC gravely abused its discretion in cancelling the registration of Abang Lingkod as a party-list group. The key issue was whether groups seeking registration under the party-list system still need to comply with the track record requirement. The Court held that sectoral organizations no longer need to submit evidence of past activities and track record to represent the marginalized sector. It is enough that the group's advocacy pertains to the special interests of its sector. The COMELEC erred in still requiring evidence of track record despite there being no basis for this in law.

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    CASE NAME

    DOCTRINE AND FACTS ISSUE RULING


    & KEYWORD

    Abang DOCTRINE: Track record is a record of past 1. WON COMELEC 1. YES. The flaw in the COMELEC's disposition lies
    Lingkod v. performance often taken as an indicator of likely gravely abused in the fact that it insists on requiring party-list
    COMELEC future performance. There is no basis in law and its discretion in groups to present evidence showing that they
    established jurisprudence to insist that groups cancelling have a track record in representing the
    GR NO. seeking registration under the party-list system Abang Lingkod’s marginalized and underrepresented. Contrary
    206952 still need to comply with the track record registration to the COMELEC's claim, sectoral parties or
    22 October requirement. Nowhere in RA 7941 is it mandated under the party- organizations, such as ABANG LINGKOD, are no
    2013 that groups seeking registration must submit list system? longer required to adduce evidence showing
    evidence to show track record as a group. their track record, i.e. proof of activities that
    they have undertaken to further the cause of
    the sector they represent. Indeed, it is enough
    KW: track
    FACTS: that their principal advocacy pertains to the
    record
    special interest and concerns of their sector.
    ABANG LINGKOD is a sectoral organization Otherwise stated, it is sufficient that the ideals
    that represents the interests of peasant fanners and represented by the sectoral organizations are
    fisher folks. On August 16, 2012, ABANG geared towards the cause of the sector/s, which
    LINGKOD, in compliance with the COMELEC's they represent
    August 9, 2012Resolution, filed with the
    COMELEC pertinent documents to prove its
    continuing compliance with the requirements
    under R.A. No. 7941.After due proceedings, the
    COMELEC En Banc in a Resolution dated
    November 72012, cancelled ABANG
    LINGKOD's registration as a party-list group. The
    COMELEC En Banc pointed out that ABANG
    LINGKOD failed to establish its track record in
    uplifting the cause of the marginalized and
    underrepresented; ABANG LINGKOD claims
    that there was no valid justification for the
    COMELEC to cancel its registration considering
    that it complied with the six-point parameters in
    screening party-list groups laid down in Atong
    Paglaum

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