Laws on Political Parties, Interest Groups, Social Movements

1) What is the meaning of political party under the Omnibus Election Code? Political party or party means an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions. This requires that the group be joined in a party corporate, articulate with the attributes of social personality, set of bylaws, rules, or charter, or agreement as to how the group shall function, be presided over and express its collective will. A political party may refer to a local regional or national party existing and duly registered and accredited by the COMELEC. COMELEC has the duty to register political parties or coalitions which in addition to other requirements must present their platform or program of government and accredit the citizen`s arms (Art. IX-C, Sec. 2 par.5) ON REGISTRATION: Comelec WILL DENY REGISTRATION : Religious denominations and sects shall not be registered; Those which seek to achieve their goals through violence or unlawful means; Those which refuse to uphold the Constitution; Those that are supported by any foreign government. Financial contributions from foreign governments and their agencies to political parties, organizations and candidates constitute interference and shall be additional ground for the cancellation of their registration with the Comelec. Registration of political parties: 1. To acquire juridical personality, qualify it for subsequent accreditation, and entitle it to right and privileges granted to political parties, a political party shall first be duly registered with the COMELEC. 2. Any registered political party that, singly or in coalition with other, fails to obtain at least 10% of the votes cast in the Constituency in which it nominated and supported a candidate or candidates in the election next following its registration shall, after notice and hearing, be deemed to have forfeited such status as a registered political party in such Constituency. 3. Any organized group of persons seeking registration as a national or regional political party may file with the COMELEC a verified petition attaching thereto its Constitution and bylaws, platforms or program of government and such other relevant information as may be required by the Commission. The Commission shall after due notice and hearing, resolve the petition within 10 days from the date it is submitted for decision. 4. No religious sect shall be registered as a political party and no political party which seeks to achieve its goal through violence shall be entitled to accreditation. 5. The COMELEC shall require publication of the petition for registration or accreditation in at least three newspapers of general circulation and shall, after due notice and hearing, resolve the petition within 15 days from the date it is submitted for decision. Nomination and Selection of official candidates: No political convention or meeting for the nomination or election of the official candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the following periods:

1. For President, Vice-President, and Senators 165 days before the day of the
election; and

2. For members of the House of Representatives and elective provincial, city or

municipal official 75 days before the day of the election A. The party-list system

1. Constitutional provision Section 5(1) of Article VI of the Constitution: The House of

Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

2. Implementing law RA 7941: Provides for the election of party-list representatives

through the party-list system and requires the Commission to undertake various activities within the prescribed periods which activities are difficult to accomplish within the periods prescribed therein. Definition of terms Under RA 7941:

a. Party-list system mechanism of proportional representation in the election of

representatives to the House of Representative from national, regional, and sectoral parties, organizations and coalitions thereof registered with the COMELEC. Component parties or organizations of a coalition may participate independently provided the coalition of which they from part does not participate in the party-list system.

b. Party either a political party or sectoral party or a coalition of parties, c. Political party organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption regularly nominates and supports certain of its leaders and members as candidates for public office.

i. National party when its constituency is spread over the geographical territory of at
least a majority of the regions.

ii. Regional party when its constituency is spread over the geographical territory of at
least a majority of the cities and provinces comprising the region.

d. Sectoral party organized group of citizens belonging to any of the sectors enumerated
in Section 2 of the Act hereof whose principal advocacy pertains to the special interests and concerns of their sector.

e. Sectoral organization a group of citizens or a coalition of groups of citizens who

share similar physical attributes or characteristics, employment, interests or concerns.

f. Coalition aggrupation of duly registered, national, regional, sectoral parties or

organizations for political and/or election purposes. 4. Registration Under COMELEC Resolution No. 2847 (June 25, 1996) a. Any organized group of persons desiring to participate in the party-list systems as a national, regional or sectoral party or organization or a coalition of such parties or organizations may register as a party, organization, or coalition, by filing with the Commission, not later than 180 days before the election, a petition verified by its president or secretary, attaching thereto its Constitution, by-laws, platforms or program of government, list of officers, coalition agreement and other relevant information as the Commission may require. b. The sectors shall include labor, peasant, fisher folk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals. 5. Petition and manifestation; filing fee Every petition or manifestation shall be filed by any authorized representative of the political or sectoral party, organization, coalition thereof with any of the following offices of the Commission: a. Law department if the petition involves national Constituency; or b. The Office of the Regional Election Director regional Constituency. No petition or manifestation shall be accepted without a filing fee of P1000 and a research fee of P20.

6. Procedure: a. Upon receipt of the petition, the Law Department or the Regional Election Director, as the case may be, shall determine whether the petition is in due form and substance and thereafter shall verify the existence of the petitioner in the Constituency and all matters required, and within 7 days after such inquiry, submit the petition and its supporting documents, filing fee, together with his findings and recommendations to the Commission, through the Law Department; b. The Commission shall, after due notice and hearing, resolve the petition within 15 days from the date it was submitted for decision but not later than 90 days before the Election Day. Manifestation to participate in the party-list system Any party, organization, or coalition already registered with the Commission need not register anew. However, such party organization or coalition shall file with the Commission, not later than 90 days before the election, a manifestation of its desire to participate in the party-list system. Removal and/or cancellation of registration Any Commission may motu proprio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds: a. It is a religious sect or denomination, organization or association organized for religious purposes; b. It advocates violence or unlawful means to seek its goal; c. It is a foreign party or organization;

d. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or member or indirectly through third parties for partisan election purposes; e. It violates or fails to comply with laws, rules or regulations relating to elections; f. It declares untruthful statements in its petition; g. It has ceased to exist for at least 1 year; or h. It fails to participate in the last 2 preceding elections for the Constituency in which it was registered. Certified list of registered parties The Commission shall, not later than 15 days before election, prepare a certified list of national, regional, or sectoral parties, organizations or coalition which have applied or manifested their desire to participate under the party list system and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the party-list nominees shall not be shown on the certified list. Nomination of party-list representative Each registered party, organization, or coalition shall submit to the Commission not later than 90 days before the election a list of names, not less than 5, from which party-list representative shall be chosen in case it obtains the required number of votes. Limitations of party-list nominations: a. A party may be nominated by one party, organization/coalition in one list only. Any person giving consent to be nominated more than once shall be disqualified. b. Only persons who have given their consent in writing may be named in the list; c. The list shall not include any candidate for any elective office in the same election or a person who has not lost his bid for an elective office in the immediately preceding elections; d. No change of name or alteration in the order of nominees shall be allowed after the same has been submitted to the Commission EXCEPT in cases where the nominee dies, his nomination is withdrawn in writing and under oath, or become incapacitated, in which case the name of the substitute nominee shall be placed last in the list; and e. Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned. Qualifications of party-list nominees: a. A natural-born citizen of the Philippines; b. A registered voter; c. A resident of the Philippines for a period of not less than one year immediately preceding the day of the election; d. Able to read and write; e. A bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election; and f. At least 25 years of age on the day of the election. In a case of a nominee of the youth sector, he must at least be 25 but not more than 30 years of age on the day of the election. Any youth sectoral representative who attains the age of 30 during his term shall be allowed to continue in the office until the expiration of his term. Manner of voting Every voter shall be entitled to 2 votes. The first is a vote for the candidate for member of the House of Representatives in his legislative district, and the second, a vote for the party, organization or coalition he wants represented in the House of Representatives. A vote cast for a party, sectoral organization, or coalition not entitled to be voted shall not be counted.

Number of party-list representative The party-list representatives shall Constitute 20% of the total number of the members of the House of Representative including those under the party-list. In determining the allocation of seats for the second vote, the following procedures shall be observed: a. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections; and b. The parties, organizations receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat. Those garnering more than 2% of the votes shall be entitled to additional seats in proportion to their total number of vote. However, each party, organization or coalition shall be entitled to not more than 3 seats. Procedure in allocating seats fir party-list representatives The Commission shall tally all the votes for the parties, organizations, and coalitions on a nationwide basis, rank them according to the number of votes received and allocate a party-list representatives proportionately according to the percentage of votes obtained by each party, organization, and coalition as against the total nationwide votes cast for the party-list system. How party-list representatives are chosen According to their ranking in said list. Term of office they shall serve for a term of 3 years which shall begin, unless otherwise provided for by law, at noon on the 30th day of June next following their election. No party-list representative shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term. Change of affiliation; effect any selected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat. If he changes his political or sectoral affiliation within 6 months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization. . Vacancy the vacancy shall automatically filled by the next representative from the list of nominees in the order submitted to the Commission by the same party, organization, or coalition, such representative shall serve for the unexpired term. If the list is exhauster, the party, organization, or coalition shall submit additional nominees. Rights of party-list representatives entitled to the same salaries and emoluments as the regular members of the House of Representative. Governing laws; other matters for purposes of the election of Members of the House of Representative under the party-list system and other matters in connection therewith which are not provided in the Act, the relevant provisions of the Omnibus Election Code, as amended, shall apply.

Rights and Obligations of Political Parties

1. The selection of a member of the Senate Electoral Tribunal (SET)/ House of Representatives Electoral Tribunal (HRET) particularly in the 6 members who must be a member of a house of Congress (9 is the total membership, 3 of whom are supreme court justices) shall be chosen on the basis of proportional representation from the political parties and the parties or organization registered under the party- list system. (Art. VI, Section 17, 1987 Constitution) 2. Composition of the Commission on Appointments headed by the Senate President as ex-officio chairman shall choose 12 Senators and 12 Members of the House of Representatives on the basis of proportional representation from the political parties and parties/organization registered under the party-list system. (Art. VI, Section 18, 1987 Constitution) 3. A free and open party-list system shall be allowed to evolve according to the free choice of the people (Art. IX, Section 6, Constitution) 4. No votes cast in favor of a political party, organization or coalition shall be valid except party-list groups (Art. IX Section 7, Constitution). 5. Political Parties/Organizations/Coalition under the Party-list system shall not be represented in the voter`s registration boards, board of canvassers or other similar bodies. However they shall be entitled to appoint poll watchers in accordance with the law (Ibid, Section 8). 6. ERB shall notify within 15 days before the start of the campaign period representatives of all registered political parties and members of the Board of Election inspectors to inspect and verify the completeness of the voters registration records. After verification and certification, the Board shall seal the book of voters in the presence of the Board inspectors at the start of the campaign period and take custody of the same until their distribution to the Board on the day of the election. 7. Under RA 6646, The COMELEC shall promulgate rules and regulations regarding the sale of air time for partisan political purposes during the campaign period to insure that equal time as to duration and quality is available to all candidates for the same officer or political parties at the same rates or given free of charge. 8. What are the LIMITATIONS upon expenses? The aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows: 1. For candidates for every voter currently registered in the constituency where he filed his certificate of candidacy: a. President and Vice-President Ten pesos; b. For other candidates Three pesos; c. Candidate without any political party and without support from any political party Five pesos; 2. For political parties Five pesos for every voter current registered in the constituency or constituencies where it has official candidates. Any provision of law to the contrary notwithstanding, any contribution in cash or in kind to any candidate or

political party or coalition of parties for campaign purposes, duly reported to the Commission shall not be subject to the payment of any gift tax. 9. What are prohibited donations by candidate?

1. Who are prohibited: Candidate, his or her spouse or any relative within the 2nd degree
of consanguinity or affinity, or his campaign manager, agent, or representative. The prohibition applies to treasurers, agents or representatives of any political party. 2. When does the prohibition apply: During the campaign period, on the day before and on the day of the election. 3. What are EXCLUDED from prohibited donations: Direct or indirect donation, contribution or gift in cash or kind, or undertake or contribute to the construction or repair of roads, bridges, schoolhouses, puericulture centers, pavements, or any structure for public use or the use of any religious or civic organizations, such as religious stipends, titles or collections on Sundays or other designated collection days, as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period. Statement of contributions and expenditures: 1. Time for filing Every candidate and treasurer of a political party shall, within 30 days after the day of the election, file in duplicate with the offices of the Commission, full, true and itemized statements of all contributions and expenditures in connection with the election. It shall be the duty of every city or municipal election registrar to advise in writing, by personal delivery or registered mail within 5 days from the date of election all candidates residing in his jurisdiction to comply with their obligation to file their statements of contributions and expenditures. 2. Effect of failure to file No person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures above required. The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required within the period prescribed by the Act. a. Administrative fine ranging from P1,000 to P30,000 in the discretion of the Commission, EXCEPT candidates for elective barangay office. b. The fine shall be paid within 30 days from receipt of notice of such failure; otherwise, it shall enforceable by a writ of execution issued by the Commission against the properties of the offender; c. For the commission of a second or subsequent offense, the administrative fine shall be from P2,000 to P60,000, in the discretion of the Commission. In addition, the offender shall be subject to perpetual disqualification to hold public office.

10.OFFICIAL WATCHERS Every political party or coalition of political parties, and every candidate shall be each entitled to one watchers in every polling place and canvassing center; Those belonging to the same political slate or ticker shall collectively be entitled to only one watcher Panlalawigan, Panglungsod and bayan There shall be 6 principal watchers, representing 6 accredited major political parties, who shall be designated by the comelec upon nomination; The political parties shall be determined by the comelec on the basis of the following circumstances: 1. Established record of the said parties; their showing in the past elections; 2. Number of incumbent elective officials belonging to them 90 days before date of election; 3. Identifiable political organizations and strengths as evidenced by their organized chapters;

4. Ability to fill a completer slate of candidates from municipal level to president; 5. Other analogous circumstances that may determine their relative organizations and strengths. Copies of the Certificate of shall be given to representatives of any 3 of the 6 major political parties based on their agreement; if no agreement the comelec shall determine to whom the copies be given.Thereafter, the parties who received copies shall have the duty to furnish authentic copies to other parties. 11.Pre- proclamation controversy Any question or matter pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. 12.Prohibitions relating to canvassing: a. Any chairman or member of the Board of Canvassers who fails to give due notice of the date, time and place of the meeting of said board to the candidates, political parties and/or members of the board; 13.Prohibitions relating to candidacy and campaign: a. Any political party which holds political conventions or meetings to nominate its official candidates earlier than the period fixed in the Omnibus Election Code; 14. Failure to provide certified voters and deactivated voters list to candidates and heads of representatives of political parties upon written request; (NYS,2013)