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    Atong Paglaum Vs Comelec Case Digest

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    Jessamine Orioque
    1. The Supreme Court ruled that while the COMELEC followed guidelines in disqualifying 52 party-list groups from the 2013 elections, the cases were remanded back for possible re-qualification under new parameters. 2. The new parameters established that national and regional parties do not need to represent marginalized sectors, political parties can participate through sectoral wings, and sectors can advocate for special interests beyond just marginalized groups. 3. Parties and nominees must demonstrate majority membership in their represented sector, and nominees must belong to or advocate for their sector; however, parties will not be disqualified if some but not all nominees are disqualified.

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    Atong Paglaum Vs Comelec Case Digest

    Uploaded by

    Jessamine Orioque
    698 views2 pages
    1. The Supreme Court ruled that while the COMELEC followed guidelines in disqualifying 52 party-list groups from the 2013 elections, the cases were remanded back for possible re-qualification under new parameters. 2. The new parameters established that national and regional parties do not need to represent marginalized sectors, political parties can participate through sectoral wings, and sectors can advocate for special interests beyond just marginalized groups. 3. Parties and nominees must demonstrate majority membership in their represented sector, and nominees must belong to or advocate for their sector; however, parties will not be disqualified if some but not all nominees are disqualified.

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    Atong Paglaum vs Comelec Case digest

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    1. The Supreme Court ruled that while the COMELEC followed guidelines in disqualifying 52 party-list groups from the 2013 elections, the cases were remanded back for possible re-qualification under new parameters. 2. The new parameters established that national and regional parties do not need to represent marginalized sectors, political parties can participate through sectoral wings, and sectors can advocate for special interests beyond just marginalized groups. 3. Parties and nominees must demonstrate majority membership in their represented sector, and nominees must belong to or advocate for their sector; however, parties will not be disqualified if some but not all nominees are disqualified.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    698 views2 pages

    Atong Paglaum Vs Comelec Case Digest

    Uploaded by

    Jessamine Orioque
    1. The Supreme Court ruled that while the COMELEC followed guidelines in disqualifying 52 party-list groups from the 2013 elections, the cases were remanded back for possible re-qualification under new parameters. 2. The new parameters established that national and regional parties do not need to represent marginalized sectors, political parties can participate through sectoral wings, and sectors can advocate for special interests beyond just marginalized groups. 3. Parties and nominees must demonstrate majority membership in their represented sector, and nominees must belong to or advocate for their sector; however, parties will not be disqualified if some but not all nominees are disqualified.

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    d.

    Judicial power does not include the power to rewrite the Constitution
    Atong Paglaum, Inc. v Comelec
    G.R. No. 203766
    April 2, 2013

    Facts:

    52 party-list groups and organizations filed separate petitions with the Supreme Court in
    an effort to reverse various resolutions by the COMELEC disqualifying them from the
    May 2013 party-list 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, their
    nominees did not come from a marginalized and underrepresented sector, and/or some
    of the organizations or groups were not truly representative of the sector they intend to
    represent in Congress.
    Issues:

    1. Whether COMELEC committed grave abused of discretion in disqualifying


    petitioners from participating in the May 2013 party-list election.

    Ruling:

    NO. COMELEC merely followed the guidelines set in the cases of Ang Bagong Bayani
    and BANAT. However, cases were remanded back to the COMELEC because
    petitioners may now possibly qualify to participate in the coming 13 May 2013 party-list
    elections under the new parameters prescribed by this Court.
    In determining who may participate in the party-list elections, the COMELEC
    shall adhere to the following parameters:

    1. Three different groups may participate in the party-list system: (1) national parties or
    organizations, (2) regional parties or organization, and (3) 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.
    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.

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