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    ABANG LINGKOD PARTY-LIST V COMELEC

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    Chilzia Rojas
    The Supreme Court ruled that the cancellation of ABANG LINGKOD's registration as a party-list group was improper for three reasons: 1) Track record is no longer a requirement under the party-list system and ABANG LINGKOD was not required to prove its past performance. 2) The lack of track records for some of ABANG LINGKOD's nominees does not affect the registration of the party-list group itself. 3) While ABANG LINGKOD misrepresented its activities, track record is no longer a valid consideration so its altered photographs cannot be grounds for cancellation. Cancelling its registration would undermine the will of voters.

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    ABANG LINGKOD PARTY-LIST V COMELEC

    Uploaded by

    Chilzia Rojas
    108 views1 page
    The Supreme Court ruled that the cancellation of ABANG LINGKOD's registration as a party-list group was improper for three reasons: 1) Track record is no longer a requirement under the party-list system and ABANG LINGKOD was not required to prove its past performance. 2) The lack of track records for some of ABANG LINGKOD's nominees does not affect the registration of the party-list group itself. 3) While ABANG LINGKOD misrepresented its activities, track record is no longer a valid consideration so its altered photographs cannot be grounds for cancellation. Cancelling its registration would undermine the will of voters.

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    31. ABANG LINGKOD PARTY-LIST v COMELEC

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    The Supreme Court ruled that the cancellation of ABANG LINGKOD's registration as a party-list group was improper for three reasons: 1) Track record is no longer a requirement under the party-list system and ABANG LINGKOD was not required to prove its past performance. 2) The lack of track records for some of ABANG LINGKOD's nominees does not affect the registration of the party-list group itself. 3) While ABANG LINGKOD misrepresented its activities, track record is no longer a valid consideration so its altered photographs cannot be grounds for cancellation. Cancelling its registration would undermine the will of voters.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    108 views1 page

    ABANG LINGKOD PARTY-LIST V COMELEC

    Uploaded by

    Chilzia Rojas
    The Supreme Court ruled that the cancellation of ABANG LINGKOD's registration as a party-list group was improper for three reasons: 1) Track record is no longer a requirement under the party-list system and ABANG LINGKOD was not required to prove its past performance. 2) The lack of track records for some of ABANG LINGKOD's nominees does not affect the registration of the party-list group itself. 3) While ABANG LINGKOD misrepresented its activities, track record is no longer a valid consideration so its altered photographs cannot be grounds for cancellation. Cancelling its registration would undermine the will of voters.

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    © All Rights Reserved
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    of 1

    31. ABANG LINGKOD PARTY-LIST ABANG LINGKOD, Petitioner, vs. COMMISSION ON ELECTIONS, Respondent.

    G.R. No. 206952; October 22, 2013; REYES, J.:


    TOPIC: Legislative Department – Membership, Election, and Qualification
    FACTS: The party-list ABANG LINGKOD, a sectoral organization representing the interests of peasant fanners and fisherfolks,
    participated in but lost in the May 2010 elections. In 2012, it manifested before the COMELEC its intent to participate in the May
    2013 elections. It complied with the COMELEC’s Resolution requiring previously registered party-list groups that have filed their
    respective Manifestations of Intent to undergo summary evidentiary hearing for purposes of determining their continuing compliance
    with the requirements under RA 7941 (An Act Providing For The Election Of Party-List Representatives Through The Party-List
    System And Appropriating Funds Therefor) and the guidelines set forth in Ang Bagong Bayani-OFW Labor Party v. COMELEC. The
    COMELEC en banc cancelled, however, ABANG LINGKOD's registration as a party-list group pointing out that it failed to establish its
    track record in uplifting the cause of the marginalized and underrepresented; that it failed to show that its nominees are themselves
    marginalized and underrepresented or that they have been involved in activities aimed at improving the plight of the marginalized
    and underrepresented sectors it claims to represent. The case was remanded to the COMELEC but it affirmed the cancellation of
    registration without any summary evidentiary hearing on the ground, among others, that ABANG LINGKOD declared untruthful
    statement in its bid for accreditation as a party-list group in the May 2013 elections pointing out that it deliberately submitted
    digitally altered photographs of activities to make it appear that it had a track record in representing the marginalized and
    underrepresented. (Photoshop pictures showing a seminar, Medical Mission, Disaster Management Training, and Book-giving)
    ISSUE: WON the cancellation of ABANG LINGKOD’s registration under the party-list system was proper.
    RULING: The Court ruled in the negative.
    The flaw in the COMELEC's disposition lies in the fact that it insists on requiring party-list groups to present evidence
    showing that they have a track record in representing the marginalized and underrepresented. Track record is a record of past
    performance often taken as an indicator of likely future performance. As a requirement imposed in the above-mentioned Ang Bagong
    Bayani case for groups intending to participate in the party-list elections, track record pertains to the actual activities undertaken
    by groups to uplift the cause of the sector/s, which they represent. Section 5, RA 7941, however, does not require groups intending
    to register under the party-list system to submit proof of their track record as a group but are merely required to attach to their
    verified petitions their "constitution, by-laws, platform of government, list of officers, coalition agreement, and other relevant
    information as may be required by the COMELEC." For purposes of registration under the party-list system, national or regional
    parties or organizations need not represent any marginalized and underrepresented sector; that representation of the marginalized
    and underrepresented is only required of sectoral organizations that represent the sectors stated under Section 5 of R.A. No. 7941
    that are, by their nature, economically marginalized and underrepresented. There was no mention that sectoral organizations
    intending to participate in the party-list elections are still required to present a track record. It is enough that their principal
    advocacy pertains to the special interest and concerns of their sector. Otherwise stated, it is sufficient that the ideals
    represented by the sectoral organizations are geared towards the cause of the sector/s, which they represent.
    If at all, evidence showing a track record in representing the marginalized and underrepresented sectors is only required
    from nominees of sectoral parties or organizations that represent the marginalized and underrepresented who do not factually belong
    to the sector represented by their party or organization. x x x The track record of groups intending to register under the party-list
    system was required under the first guideline of Ang Bagong Bayani for a very specific purpose to show that the national, regional,
    and sectoral parties or organizations that would be allowed to participate in the party-list elections are truly representative of the
    marginalized and underrepresented sectors. It was necessary then to require groups seeking registration under the party-list system
    since representation of the marginalized and underrepresented, as understood in the context of Ang Bagong Bayani is easy to claim
    and feign.
    As to the nominees of ABANG LINGKOD which do not have track records showing their participation in activities aimed at
    improving the conditions of the sector that the group represents, the same would not affect the registration of ABANG LINGKOD as a
    party-list group. The nominee of a party-list groups may either be: first one who actually belongs to the sector which the party-list
    group represents, in which case the track record requirement does not apply; or second one who does not actually belong to the
    sector which the party-list group represents but has a track record showing the nominee's active participation in activities aimed at
    uplifting the cause of the sector which the group represents. In the case at bar, 3 of the 5 nominees of ABANG LINGKOD are farmers
    and, thus, are not required to present a track record showing their active participation in activities aimed to promote the sector
    which ABANG LINGKOD represents. The two nominees that do not actually belong to the sector it represents is immaterial and would
    not result in the cancellation of ABANG LINGKOD's registration as a party-list group. This is clear from the sixth parameter laid down
    by the Court in Atong Paglaum which states that "national, regional and sectoral organizations shall not be disqualified if some of
    their nominees are disqualified, provided that they have at least one nominee who remains qualified." The disqualification of the
    nominees must simply be regarded as failure to qualify for an office or position. It should not, in any way, blemish the qualifications
    of the party-list group itself with defect. The party-list group must be treated as separate and distinct from its nominees such that
    qualifications of the latter must not be considered part and parcel of the qualifications of the former.
    Anent the photographs submitted by ABANG LINGKOD, these only show book-giving and medical missions, which are
    activities it conducted which do not specifically or directly pertain to the interest or advocacy espoused by ABANG LINGKOD. The
    Court does not, however, condone the deceit perpetrated by ABANG LINGKOD in connection with its bid for continued registration
    under the party-list system. Nevertheless, as the track record is no longer a requirement, a group’s misrepresentation as to its track
    record cannot be used as a ground to deny or cancel its registration - it is no longer material to its qualification under the party-list
    system. The digitally altered photographs of activities submitted by ABANG LINGKOD to prove its continuing qualification under RA
    7941 only pertain to its track record, which, as already discussed, is no longer a requirement under the new parameters laid down in
    Atong Paglaum. Likewise, upholding the cancellation of ABANG LINGKOD s registration, notwithstanding that it was able to obtain
    sufficient number of votes for a legislative seat, would serve no purpose other than to subvert the will of the electorate who voted to
    give ABANG LINGKOD the privilege to represent them in the House of Representatives.

    The petition was granted.

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