Professional Documents
Culture Documents
v.
COMELEC
G.R.No. 203766
April 2, 2013
En Banc
Garin, D.
M.
Facts:
Issue:
Whether or not the COMELEC committed
grave abuse of discretion in disqualifying
the said party-lists
Whether the criteria for participating in the
party-list system laid down in BANAT v.
COMELEC should be applied
Held:
First:
No.
The COMELEC merely followed the
guidelines set in the ofBANAT
Second:
No.
Since the Supreme Court remanded
the cases back to the COMELEC as
the Supreme Court now provides for
new guidelines which abandoned
some principles established in the
two aforestated cases
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.
4. Sectoral parties or
organizations may either be:
(a) marginalized and
underrepresented
(b) lacking in well-defined
political constituencies.
5.
The nominees of sectoral parties or
organizations:
must have a track record of advocacy f
or their respective sectors.
bona-fide members of such parties or
organizations.
Majority of the members of sectoral
party, of either type, must belong to the
sector they represent
CRITIQUE
Equating minor political parties to major political
parties would be detrimental to the former, since
it has lesser fund and machineries as compared
with the latter
Accommodating all kinds of organizations would
be chaotic to democratic institutions
Political instability due to fragile coalitions