digested by: Ms. She
Facts: Petitioner under Rule 65 of the Rules of Court challenging Omnibus Resolution No. 3785 issued by the COMELEC, approving the participation of 154 organizations and parties and denying several others.
Petitioners seek to disqualify the private respondents from participating in the party-list election on the ground that it was intended to benefit the marginalized and underrepresented; and not the mainstream political parties, the non-marginalized or overrepresented.
Issues: Whether or not the Commission committed a grave abuse of discretion in promulgating Omnibus Resolution No. 3785.
Held: SC stated that the Comelec failed to appreciate fully the clear policy of the law and the Constitution. It is their duty as a quasi-judicial body to apply the law as they find it, not to reinvent or second guess it.
However, the petitions for disqualification cannot be granted outright because there should be a factual determination first.
SC laid down the following guidelines for screening party-list participants.
1. The political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in Section 5 of RA 7941. In other words, it must show ¾ through its constitution, articles of incorporation, bylaws, history, platform of government and track record¾ that it represents and seeks to uplift marginalized and underrepresented sectors. Verily, majority of its membership should belong to the marginalized and underrepresented. And it must demonstrate that in a conflict of interests, it has chosen or is likely to choose the interest of such sectors.
2. While even major political parties are expressly allowed by RA 7941 and the Constitution to participate in the party-list system, they must comply with the declared statutory policy of enabling “Filipino citizens belonging to marginalized and underrepresented sectors x x x to be elected to the House of Representatives.” In other words, while they are not disqualified merely on the ground that they are political parties, they must show, however, that they represent the interests of the marginalized and underrepresented.
3. The religious sector may not be represented in the party-list system.
4. A party or an organization must not be disqualified under Section 6 of RA 7941.
5. The party or organization must not be an adjunt of, or a project organized or an entity funded or assisted by, the government.
6. The party must not only comply with the requirements of the law; its nominees must likewise do so.
7. Not only the candidate party or organization must represent marginalized and underrepresented sectors; so also must its nominees. To repeat, under Section 2 of RA 7941, the nominees must be Filipino citizens “who belong to marginalized and underrepresented sectors, organizations and parties.”
8. As previously discussed, while lacking a well-defined political constituency, the nominee must likewise be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.”
Facts: Petitioner under Rule 65 of the Rules of Court challenging Omnibus Resolution No. 3785 issued by the COMELEC, approving the participation of 154 organizations and parties and denying several others.
Petitioners seek to disqualify the private respondents from participating in the party-list election on the ground that it was intended to benefit the marginalized and underrepresented; and not the mainstream political parties, the non-marginalized or overrepresented.
Issues: Whether or not the Commission committed a grave abuse of discretion in promulgating Omnibus Resolution No. 3785.
Held: SC stated that the Comelec failed to appreciate fully the clear policy of the law and the Constitution. It is their duty as a quasi-judicial body to apply the law as they find it, not to reinvent or second guess it.
However, the petitions for disqualification cannot be granted outright because there should be a factual determination first.
SC laid down the following guidelines for screening party-list participants.
1. The political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in Section 5 of RA 7941. In other words, it must show ¾ through its constitution, articles of incorporation, bylaws, history, platform of government and track record¾ that it represents and seeks to uplift marginalized and underrepresented sectors. Verily, majority of its membership should belong to the marginalized and underrepresented. And it must demonstrate that in a conflict of interests, it has chosen or is likely to choose the interest of such sectors.
2. While even major political parties are expressly allowed by RA 7941 and the Constitution to participate in the party-list system, they must comply with the declared statutory policy of enabling “Filipino citizens belonging to marginalized and underrepresented sectors x x x to be elected to the House of Representatives.” In other words, while they are not disqualified merely on the ground that they are political parties, they must show, however, that they represent the interests of the marginalized and underrepresented.
3. The religious sector may not be represented in the party-list system.
4. A party or an organization must not be disqualified under Section 6 of RA 7941.
5. The party or organization must not be an adjunt of, or a project organized or an entity funded or assisted by, the government.
6. The party must not only comply with the requirements of the law; its nominees must likewise do so.
7. Not only the candidate party or organization must represent marginalized and underrepresented sectors; so also must its nominees. To repeat, under Section 2 of RA 7941, the nominees must be Filipino citizens “who belong to marginalized and underrepresented sectors, organizations and parties.”
8. As previously discussed, while lacking a well-defined political constituency, the nominee must likewise be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.”
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