46 Atong Paglaum Et Al Vs COMELEC

ATONG PAGLAUM, INC. v.
COMELEC
GR No. 203766 : April 2, 2013
CARPIO, J.
FACTS:
52 party-list groups and organizations filed separate petitions totaling 54 with the Supreme
Court (SC) in an effort to reverse various resolutions issued by the COMELEC disqualifying
them from the May 2013 election race. The COMELEC in its assailed resolutions issued in
October, November and December of 2012, ruled, among others, that these party-list groups
and organizations failed to represent a marginalized and underrepresented sector, and/or some
of the organizations or groups are not truly representative of the sector they intend to represent
in Congress.
Petitioners argued that the COMELEC committed grave abuse of discretion amounting to lack
or excess of jurisdiction in disqualifying petitioners in the May 13, 2013 party-list elections, either
by denial of their new petitions for registration under the party-list system or cancellation of their
existing registration and accreditation as party-list organizations, and whether the criteria for
participating the party-list system laid down in Ang Bagong Bayani and Barangay Association
for National Advancement and Transparency (BANAT) v. COMELEC case be applied in May
2013 party-list election.
ISSUE: Whether or not the COMELEC committed grave abuse of discretion in disqualifying
the petitioners from an election race.
HELD: No. The COMELEC merely followed the guidelines set in the cases of Ang Bagong
Bayani and BANAT. However, the SC remanded the cases back to COMELEC as the SC now
provides for new guidelines which abandoned some principles established in the two
aforestated cases.
Commissioner Christian Monsod, the main sponsor of the party-list system, stressed that the
party-list system is not synonymous with that of the sectoral representation. Indisputably, the
framers of the 1987 Constitution intended the party-list system to include not only sectoral
parties but also non-sectoral. The framers intended the sectoral parties to constitute a part but
not the entirety, of the party-list system. Political parties can also participate in the party-list
system as long as they filed candidates who come from the different marginalized sectors.
Republic Act No. 7941 (or the Party-list system Act) Sec. 3 (a) defines a “party” as “either
political or a sectoral party or a coalition of parties”. Clearly a political party is different from a
sectoral party. Accordingly, a political party refers to an organized group of citizens advocating
an ideology or platform, principles and policies for the general conduct of government. Sectoral
party on the other hand, refers to an organized group of citizens belonging to any of the sectors
enumerated in Section 5 hereofwhose principal advocacy pertains to the special interest and
concerns of their sector. Obviously, they are separate and distinct from each other. There is
no requirement in RA 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.
With different claims why COMELEC excluded the petitioners from participating in May 2013
elections, new parameters were prescribed by this court and said petitions be remanded to
COMELEC because petitioners may now possibly qualify, to wit:
1. Groups that may participate in the party-list system:

a. National parties, b. Regional parties, c. sectoral parties or organizations
2. National parties or organizations do not need to organize along sectoral lines and do not
need to represent any marginalized and underrepresented sector
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 organization 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 lacking in “well-defined
political constituencies”, either must belong to their respective sectors or must have a
track record of advocacy for their respected sectors. The nominees of national and
regional parties or organizations must be bonafide members of such parties or
organizations.
6. National, regional and sectoral parties or organizations shall not be qualified if some of
their nominees are disqualified, provided that they have at least one nominee who
remains qualified.

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ATONG PAGLAUM, INC. v.

1. Groups that may participate in the party-list system:

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