BAGONG BAYANI CASE

Guidelines for Screening Party-List Participants 8 paraeters

The Court, therefore, deems it proper to remand the case to the Comelec for the latter to determine, after summary
evidentiary hearings, whether the 154 parties and organizations allowed to participate in the party-list elections comply
with the requirements of the law. n this light, the Court finds it appropriate to lay down the following guidelines, culled from
the law and the Constitution, to assist the Comelec in its wor!.
First, the political party, sector, organization or coalition must represent the marginalized and underrepresented groups
identified in "ection 5 of #$ %&41. n other words, it must show -- through its constitution, articles of incorporation, 'ylaws,
history, platform of government and trac! record -- that it represents and see!s to uplift marginalized and
underrepresented sectors. (erily, ma)ority of its mem'ership should 'elong to the marginalized and underrepresented.
$nd it must demonstrate that in a conflict of interests, it has chosen or is li!ely to choose the interest of such sectors.
Second, while even ma)or political parties are e*pressly allowed 'y #$ %&41 and the Constitution to participate in the
party-list system, they must comply with the declared statutory policy of ena'ling +,ilipino citizens 'elonging to
marginalized and underrepresented sectors * * * to 'e elected to the -ouse of #epresentatives.+ n 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. The counsel of $!syon .emo!rati!o and other similarly situated
political parties admitted as much during the /ral $rgument, as the following quote shows0
+12"TC3 4$56$57$50 am not disputing that in my question. $ll am saying is, the political party must claim to
represent the marginalized and underrepresented sectors8
$TT9. :$425$50 9es, 9our -onor, the answer is yes.+
5;
Third, in view of the o')ections
5<
directed against the registration of $ng 7uhay -ayaang 9uma'ong, which is allegedly a
religious group, the Court notes the e*press constitutional provision that the religious sector may not 'e represented in the
party-list system. The e*tent of the constitutional proscription is demonstrated 'y the following discussion during the
deli'erations of the Constitutional Commission0
+=#. /4>3. * * *
n the event that a certain religious sect with nationwide and even international networ!s of mem'ers and supporters, in
order to circumvent this prohi'ition, decides to form its own political party in emulation of those parties had mentioned
earlier as deriving their inspiration and philosophies from well-esta'lished religious faiths, will that also not fall within this
prohi'ition8
=#. =/5"/.. f the evidence shows that the intention is to go around the prohi'ition, then certainly the Comelec can
pierce through the legal fiction.+
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The following discussion is also pertinent0
+=#. (>>$C/#T$. ?hen the Commissioner proposed +3@C34T #3>6/2" 6#/24",+ he is not, of course,
prohi'iting priests, imams or pastors who may 'e elected 'y, say, the indigenous community sector to represent their
group.
#3(. #6/". 5ot at all, 'ut am o')ecting to any'ody who represents the glesia ni :risto, the Catholic Church, the
4rotestant Church et cetera.+
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,urthermore, the Constitution provides that +religious denominations and sects shall not 'e registered.+
5A
The prohi'ition
was e*plained 'y a mem'er
5%
of the Constitutional Commission in this wise0 +BTC he prohi'ition is on any religious
organization registering as a political party. do not see any prohi'ition here against a priest running as a candidate. That
is not prohi'ited hereD it is the registration of a religious sect as a political party.+
5E
Fourth, a party or an organization must not 'e disqualified under "ection A of #$ %&41, which enumerates the grounds
for disqualification as follows0
+F1G t is a religious sect or denomination, organization or association organized for religious purposesD
F;G t advocates violence or unlawful means to see! its goalD
F<G t is a foreign party or organizationD
F4G t is receiving support from any foreign government, foreign political party, foundation, organization, whether
directly or through any of its officers or mem'ers or indirectly through third parties for partisan election purposesD
F5G t violates or fails to comply with laws, rules or regulations relating to electionsD
FAG t declares untruthful statements in its petitionD
F%G t has ceased to e*ist for at least one F1G yearD or
FEG t fails to participate in the last two F;G preceding elections or fails to o'tain at least two per centum F;HG of the
votes cast under the party-list system in the two F;G preceding elections for the constituency in which it has
registered.+
5&
5ote should 'e ta!en of paragraph 5, which disqualifies a party or group for violation of or failure to comply with election
laws and regulations. These laws include "ection ; of #$ %&41, which states that the party-list system see!s to +ena'le
,ilipino citizens 'elonging to marginalized and underrepresented sectors, organizations and parties * * * to 'ecome
mem'ers of the -ouse of #epresentatives.+ $ party or an organization, therefore, that does not comply with this policy
must 'e disqualified.
Fifth, the party or organization must not 'e an ad)unct of, or a pro)ect organized or an entity funded or assisted 'y, the
government. 7y the very nature of the party-list system, the party or organization must 'e a group of citizens, organized
'y citizens and operated 'y citizens. t must 'e independent of the government. The participation of the government or its
officials in the affairs of a party-list candidate is not only illegal
AI
and unfair to other parties, 'ut also deleterious to the
o')ective of the law0 to ena'le citizens 'elonging to marginalized and underrepresented sectors and organizations to 'e
elected to the -ouse of #epresentatives.
Sixth, the party must not only comply with the requirements of the lawD its nominees must li!ewise do so. "ection & of #$
%&41 reads as follows0
+"3C. &. Jualifications of 4arty->ist 5ominees. K 5o person shall 'e nominated as party-list representative unless he is a
natural-'orn citizen of the 4hilippines, a registered voter, a resident of the 4hilippines for a period of not less than one F1G
year immediately preceding the day of the election, a'le to read and write, a 'ona fide mem'er of the party or
organization which he see!s to represent for at least ninety F&IG days preceding the day of the election, and is at least
twenty-five F;5G years of age on the day of the election.
n case of a nominee of the youth sector, he must at least 'e twenty-five F;5G 'ut not more than thirty F<IG years of age on
the day of the election. $ny youth sectoral representative who attains the age of thirty F<IG during his term shall 'e allowed
to continue in office until the e*piration of his term.+
Seventh, not only the candidate party or organization must represent marginalized and underrepresented sectorsD so also
must its nominees. To repeat, under "ection ; of #$ %&41, the nominees must 'e ,ilipino citizens +who 'elong to
marginalized and underrepresented sectors, organizations and parties.+ "urely, the interests of the youth cannot 'e fully
represented 'y a retireeD neither can those of the ur'an poor or the wor!ing class, 'y an industrialist. To allow otherwise is
to 'etray the "tate policy to give genuine representation to the marginalized and underrepresented.
Eighth, as previously discussed, while lac!ing a well-defined political constituency, the nominee must li!ewise 'e a'le to
contri'ute to the formulation and enactment of appropriate legislation that will 'enefit the nation as a whole. "enator 1ose
>ina e*plained during the 'icameral committee proceedings that +the nominee of a party, national or regional, is not going
to represent a particular district * * *.+
A1
PAGLA!" CASE
# PA$A"E%E$S
Thus, we remand all the present petitions to the C/=3>3C. n determining who may participate in the coming 1< =ay
;I1< and su'sequent party-list elections, the C/=3>3C shall adhere to the following parameters0
1. Three different groups may participate in the party-list system0 F1G national parties or organizations, F;G regional
parties or organizations, and F<G sectoral parties or organizations.
2. 5ational 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. 4olitical parties can participate in party-list elections provided they register under the party-list system and do
not field candidates in legislative district elections. $ political party, whether ma)or 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 'y itself an independent sectoral party, and is lin!ed to a
political party through a coalition.
4. "ectoral parties or organizations may either 'e +marginalized and underrepresented+ or lac!ing in +well-defined
political constituencies.+ t is enough that their principal advocacy pertains to the special interest and concerns of
their sector. The sectors that are +marginalized and underrepresented+ include la'or, peasant, fisherfol!, ur'an
poor, indigenous cultural communities, handicapped, veterans, and overseas wor!ers. The sectors that lac! +well-
defined political constituencies+ include professionals, the elderly, women, and the youth.
5. $ ma)ority of the mem'ers of sectoral parties or organizations that represent the +marginalized and
underrepresented+ must 'elong to the +marginalized and underrepresented+ sector they represent. "imilarly, a
ma)ority of the mem'ers of sectoral parties or organizations that lac! +well-defined political constituencies+ must
'elong to the sector they represent. The nominees of sectoral parties or organizations that represent the
+marginalized and underrepresented,+ or that represent those who lac! +well-defined political constituencies,+
either must 'elong to their respective sectors, or must have a trac! record of advocacy for their respective
sectors. The nominees of national and regional parties or organizations must 'e 'ona-fide mem'ers of such
parties or organizations.
6. 5ational, regional, and sectoral parties or organizations shall not 'e disqualified if some of their nominees are
disqualified, provided that they have at least one nominee who remains qualified.