Atong Paglaum Essay
The Case of Atong Paglaum: A System of Party-List Selection Consistent with the Constitution The Facts
In order to participate in the the May 13, 2013 party-list elections, approximately 280 groups registered with the Commission on Elections (Comelec) to be included in the official ballot; however, Comelec disqualified 52 of these groups for not representing the “marginalized and underrepresented sector”, or for failing to prove that its nominees actually belong to the sectoral group they seek to represent, or for failing to establish a track record as an organization which seeks to uplift the “marginalized and underrepresented”. Of these groups, 39 petitioners were able to secure a mandatory injunction from the Supreme Court to include their groups’ names in the printing of the official ballot, whereas 13 groups were excluded. The 52 groups each filed petitions before the Court, contending that Comelec committed grave abuse of discretion by cancelling their existing registrations as qualified party-lists or by disqualifying them from the 2013 May elections.
The petitioners also questioned the rulings of Ang Bagong Bayani and BANAT, which had formed the basis for interpreting party-list selection and qualification under RA 7941, otherwise known as the Party-List System Act. These cases had previously laid down the precedent which disallowed groups and organizations which did not represent the “marginalized and underrepresented”, as well as political parties even through their sectoral wings, from directly or indirectly participating in the party-list elections. In a vote of 11-2, the Court overturned the previous two decisions, and resolved to include: (1) national parties and organizations, (2) regional parties and organizations, and (3) sectoral parties or organizations. Further, sectoral groups may be “marginalized or underrepresented”, such as those defined under RA 7941 representing farmers, laborers, fisherfolk, urban poor, overseas workers, indigenous
In order to participate in the the May 13, 2013 party-list elections, approximately 280 groups registered with the Commission on Elections (Comelec) to be included in the official ballot; however, Comelec disqualified 52 of these groups for not representing the “marginalized and underrepresented sector”, or for failing to prove that its nominees actually belong to the sectoral group they seek to represent, or for failing to establish a track record as an organization which seeks to uplift the “marginalized and underrepresented”. Of these groups, 39 petitioners were able to secure a mandatory injunction from the Supreme Court to include their groups’ names in the printing of the official ballot, whereas 13 groups were excluded. The 52 groups each filed petitions before the Court, contending that Comelec committed grave abuse of discretion by cancelling their existing registrations as qualified party-lists or by disqualifying them from the 2013 May elections.
The petitioners also questioned the rulings of Ang Bagong Bayani and BANAT, which had formed the basis for interpreting party-list selection and qualification under RA 7941, otherwise known as the Party-List System Act. These cases had previously laid down the precedent which disallowed groups and organizations which did not represent the “marginalized and underrepresented”, as well as political parties even through their sectoral wings, from directly or indirectly participating in the party-list elections. In a vote of 11-2, the Court overturned the previous two decisions, and resolved to include: (1) national parties and organizations, (2) regional parties and organizations, and (3) sectoral parties or organizations. Further, sectoral groups may be “marginalized or underrepresented”, such as those defined under RA 7941 representing farmers, laborers, fisherfolk, urban poor, overseas workers, indigenous
Bibliography: 2. An Act Providing for the Election of Party-List Representatives through the Party-List System, and Appropriating Funds Therefor [Party-List System Act], R.A. 7941. 3. Atong Paglaum v. Commission on Elections, G.R. No. 203766, Apr. 2, 2013. 4. Atong Paglaum v. Commission on Elections, G.R. No. 203766, Apr. 2, 2013. (J. Brion, separate and concurring opinion). 5. Barangay Association for National Advancement and Transparency (BANAT) v. Commission on Elections, G.R. No. 179295, Apr. 21, 2009. 6. Partido ng Manggagawa v. Commission on Elections, G.R. No. 164702, Mar. 15, 2006. 8. Veterans Federation Party v. Commission on Elections, G.R. No. 136781, Oct. 6, 2000. 1. Brief History of the Philippine Congress, available at http://www.congress.gov.ph/about/index.php?about=history (last accessed Jun. 23, 2013).