POLITICAL LAW CLASS 2020

Topic: Legislative Department (Composition of Congress – On party-list)

Title: ATONG PAGLAUM, INC., represented by its President, Mr. Alan Igot, Petitioner, vs. COMMISSION
ON ELECTIONS, Respondent.
Citation: G.R. No. 203766, April 2, 2013

Facts: Fifty-two party-list groups and organizations filed petitions for certiorari and petitions for certiorari and
prohibition against the Commission on Election for disqualifying them to participate in the May 2013 party-list
elections. Grounds for disqualification include denial of petitions for registration under the party-list system or
cancellation of their registration and accreditation as
party-list organizations.

The Comelec excluded from participating in the May 2013 party-list elections those that did not satisfy these two
criteria:
1.) all national, regional, and sectoral groups or organizations must represent the “marginalized and
underrepresented” sectors, and 2.) all nominees must belong to the “marginalized and underrepresented” sector
they represent.

Issue: Whether or not the party-list system is exclusive for sectoral parties only.
Whether or not major political parties are prohibited from participated in party-list elections.
Whether or not only members of the sector can be party-list nominees.

Ruling:
1. No. Section 5(1) Article VI of the Constitution expresses that the party-list system is compose of three groups,
and the sectoral parties belong to only one of the three groups. These groups are the
a) ) national parties or organizations,
b) ) regional parties or organizations, and
c) ) sectoral parties or organizations.

R.A. No. 7941 does not require national and regional parties or organizations to represent the "marginalized and
underrepresented" sectors. To require all national and regional parties under the party-list system to represent
the "marginalized and underrepresented" is to deprive and exclude, by judicial fiat, ideology-based and cause-
oriented parties from the party-list system. To exclude them from the party-list system is to prevent them from
joining the parliamentary struggle, leaving as their only option the armed struggle. To exclude them from the
party-list system is, apart from being obviously senseless, patently contrary to the clear intent and express
wording of the 1987 Constitution and R.A. No. 7941.

Under the party-list system, an ideology-based or cause-oriented political party is clearly different from a sectoral
party. A political party need not be organized as a sectoral party and need not represent any particular sector.
There is no requirement in R.A. No. 7941 that a national or regional political party must represent a "marginalized
and underrepresented" sector. It is sufficient that the political party consists of citizens who advocate the same
ideology or platform, or the same governance principles and policies, regardless of their economic status as
citizens.

The phrase "marginalized and underrepresented" should refer only to the sectors in Section 5 that are, by their
nature, economically "marginalized and underrepresented." These sectors are: labor, peasant, fisherfolk, urban
poor, indigenous cultural communities, handicapped, veterans, overseas workers, and other similar sectors. For
these sectors, a majority of the members of the sectoral party must belong to the "marginalized and
underrepresented."

CANETE GLYKIE D.
JD-NT M3
POLITICAL LAW CLASS 2020

Section 6 of R.A. No. 7941 provides another compelling reason for holding that the law does not require national
or regional parties, as well as certain sectoral parties in Section 5 of R.A. No. 7941, to represent the "marginalized
and underrepresented." Section 6 provides the grounds for the COMELEC to refuse or cancel the registration of
parties or organizations after due notice and hearing. None of the 8 grounds to refuse or cancel registration refers
to nonrepresentation of the "marginalized and underrepresented."

2. No. The 1987 Constitution and R.A. No. 7941 allow major political parties to participate in party-list elections so
as to encourage them to work assiduously in extending their constituencies to the "marginalized and
underrepresented" and to those who "lack well-defined political constituencies."

The participation of major political parties in party-list elections must be geared towards the entry, as members of
the House of Representatives, of the "marginalized and underrepresented" and those who "lack well-defined
political constituencies," giving them a voice in law-making. Thus, to participate in party-list elections, a major
political party that fields candidates in the legislative district elections must organize a sectoral wing, like a labor,
peasant, fisherfolk, urban poor, professional, women or youth wing, that can register under the party-list system.

Such sectoral wing of a major political party must have its own constitution, by-laws, platform or program of
government, officers and members, a majority of whom must belong to the sector represented. The sectoral wing
is in itself an independent sectoral party, and is linked to a major political party through a coalition. This linkage is
allowed by Section 3 of R.A. No. 7941, which provides that "component parties or organizations of a coalition may
participate independently (in party-list elections) provided the coalition of which they form part does not
participate in the party-list system."

3. No. Section 9 of R.A. No. 7941 prescribes the qualifications of party-list nominees. This provision prescribes a
special qualification only for the nominee from the youth sector. A party-list nominee must be a bona fide
member of the party or organization which he or she seeks to represent. In the case of sectoral parties, to be a
bona fide party-list nominee one must either belong to the sector represented, or have a track record of advocacy
for such sector. The nominees of the sectoral party either must belong to the sector, or must have a track record
of advocacy for the sector represented.

For the May 2013 party-list elections, the Court imposes and mandates the party-list system actually envisioned
and authorized under the 1987 Constitution and RA 7491. In determining who may participate in the 2013 and
subsequent party-list elections, the COMELEC shall adhere to the following parameters:

1) Three different groups may participate in the party-list system:

a) national parties or organizations,
b) regional parties or organizations, and
c) sectoral parties or organizations.
2) National parties or organizations and regional parties or organizations do not need to organize along sectoral
lines and do not need to represent any "marginalized and underrepresented" sector.

CANETE GLYKIE D.
JD-NT M3
POLITICAL LAW CLASS 2020

3) Political parties can participate in party-list elections provided they register under the party-list system and
do not field candidates in legislative district elections. A political party, whether major or not, that fields
candidates in legislative district elections can participate in party-list elections only through its sectoral wing
that can separately register under the party-list system. The sectoral wing is by itself an independent sectoral
party, and is linked to a political party through a coalition.

4) Sectoral parties or organizations may either be "marginalized and underrepresented" or lacking in"well-
defined political constituencies." It is enough that their principal advocacy pertains to the special interest and
concerns of their sector. The sectors that are "marginalized and underrepresented" include labor, peasant,
fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and overseas workers. The
sectors that lack "well-defined political constituencies" include professionals, the elderly, women, and the
youth.

5) A majority of the members of sectoral parties or organizations that represent the "marginalized and
underrepresented" must belong to the "marginalized and underrepresented" sector they represent.
Similarly, a majority of the members of sectoral parties or organizations that lack "well- defined political
constituencies" must belong to the sector they represent. The nominees of sectoral parties or organizations
that represent the "marginalized and underrepresented," or that represent those who lack "well-defined
political constituencies," either must belong to their respective sectors, or must have a track record of
advocacy for their respective sectors. The nominees of national and regional parties or organizations must be
bona-fide members of such parties or organizations.

6) National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees
are disqualified, provided that they have at least one nominee who remains qualified.

ALROBEN J. GOH, Petitioner, vs. HON. LUCILO R. BAYRON and COMMISSION ON ELECTIONS, Respondents G.R.
No. 212584; November 24, 2014

Doctrine: The constitution allowed the enactment af a law authorizing the transfer of funds for the purpose of
augmenting an item from savings in another item in the appropriation of the government branch or constitutional
concern. The purpose and conditions for which funds may be transferred were specified.

FACTS: Petitioner Alroben J. Goh filed a recall petition to the Commission on Elections (COMELEC) due to loss of
trust and confidence against the respondent Hon. Lucilo R. Bayron by violating the provisions of the Anti-Graft and
Corrupt Practices Act, Code of Conduct and Ethical Standards for Public officials and other related gross negligence
of duty, dishonesty and immaturity as mayor of the Puerto, Princessa City. After which, the COMELEC promulgated
Resolution No. 9864 wherein the said resolution found the recall petition sufficient in form and substance but the
funds of any recall elections were suspended.

The Office of the Deputy Executive Director (ODEDO) recommends the COMELEC the issuance of a resolution
certifying to the sufficiency of the petition for recall of the respondent after review of the reports wherein it was
stated in the said resolution that all expenses incidental to recall elections shall be borne by the COMELEC as
stipulated in Section 75 of the Local Government Code. Section 75. Expenses Incident to Recall Elections. All
expenses incidental to recall elections shall be borne by the COMELEC. For this purpose, there shall be included in
the annual General Appropriations Act as contingency fund at the disposal of the Commission for the conduct of
recall elections.

Respondent filed an Omnibus Motion for Reconsideration and Clarification with the Commission which prayed for
the dismissal of the recall petition. Thereafter, the petitioner filed a comment which prayed for the COMELEC’s
denial of the respondent’s motion wherein Resolution No. 9882 was promulgated by the Commission which
suspends any proceeding relative to recall process, as stated in the said resolution, does not have an appropriation
in the 2014 General Appropriations Act (GAA) and it does not provide the COMELEC with legal authority to commit
public funds for the recall process.

CANETE GLYKIE D.
JD-NT M3
POLITICAL LAW CLASS 2020

ISSUE: Whether the 2014 General Appropriations Act (GAA) has no budget for the conduct of recall election
therefore said recall cannot be conducted.

RULING: No, the 2014 GAA provides the line item appropriation to allow COMELEC to conduct recall elections.
The Court held that the Commission on Elections (COMELEC) committed grave abuse of discretion in issuing
Resolution Nos. 9864 and 9882. The 2014 GAA provides the line item appropriation to allow the COMELEC to
perform its constitutional mandate of conducting recall elections. There is no need for supplemental legislation to
authorize the COMELEC to conduct recall elections for 2014. In addition, one of the specific functions of the
Commission is to conduct recall elections. When the Commission receives a budgetary appropriation for its
“Current Operating Expenditures,” such appropriation includes expenditures to carry out its constitutional
functions, including the conduct of recall elections.

The Court set aside Resolution No. 9864 insofar as it directed the suspension of any and all proceedings in the
recall petition. Further, the court set aside Resolution No. 9882 and direct the COMELEC to immediately carry out
the recall elections of the Respondent in accordance with the provisions of the Local Government Code.

CANETE GLYKIE D.
JD-NT M3