Case Digest (G.R. No. 169752) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Arangay Association for National Advancement and Transparency (BANAT) v. Commission on Elections (COMELEC) en banc sitting as the National Board of Canvassers, G.R. No. 179271, BANAT filed on 27 June 2007 a petition for certiorari and mandamus assailing NBC Resolution No. 07-041 (PL) dated 3 August 2007, which denied its request to proclaim the full 20 percent party-list allocation as moot and academic. COMELEC, acting as NBC, had earlier on 9 July 2007 issued NBC Resolution No. 07-60, partially proclaiming thirteen party-list groups that surpassed a two-percent threshold and deferring complete seat allocation pending full canvass under the Veterans Federation Party v. COMELEC formula. Intervenors included Arts Business and Science Professionals (ABS), Aangat Tayo, Coalition of Associations of Senior Citizens, Bayan Muna, Abono, and A Teacher. Both petitions arose from the 14 May 2007 elections in which 15,950,900 votes were cast under the party-list system and the COMELEC’s Case Digest (G.R. No. 169752) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Petitions
- ARANGAY Association for National Advancement and Transparency (BANAT) filed NBC No. 07-041 (PL) challenging COMELEC’s partial proclamation and sought full party-list seat allocation.
- BAYAN Muna, A Teacher, and Abono filed NBC No. 07-60 challenging COMELEC’s partial proclamation of 13 parties (9 July 2007) under the two-percent rule; they questioned use of the Veterans formula.
- Intervenors in G.R. No. 179271: ABS, Aangat Tayo, Senior Citizens; in G.R. No. 179295: Veterans Freedom Party.
- COMELEC Canvassing and Resolutions
- 14 May 2007 elections: 15,950,900 votes for 93 party-list participants.
- NBC Resolution No. 07-60 (9 July 2007): partial proclamation of 13 parties with ≥2% of projected 16.7 million votes; advised to apply Veterans formula after canvass.
- NBC Resolution No. 07-72: allocated additional seats using Veterans formula.
- NBC Resolution No. 07-88 (3 Aug 2007): denied BANAT’s petition as moot and academic.
- Subsequent proclamations of AGAP, AMIN, An Waray; 19 May 2008 certification lists 15 parties and their seats.
Issues:
- Constitutional and Statutory Validity
- Is the 20% party-list allocation in Art. VI, Sec. 5(2) mandatory or a ceiling?
- Is the three-seat cap under R.A. 7941, Sec. 11(b) constitutional?
- Is the 2% threshold in Sec. 11(b) constitutional?
- How should party-list seats be allocated?
- Participation of Political Parties
- May major political parties participate in party-list elections, directly or indirectly?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)