Case Summary (G.R. No. 203766)
COMELEC’s Administrative Authority and Procedural Conduct
COMELEC’s power to register, review and cancel party-list applications derives from its general administrative authority (Const., Art IX-C § 2(1), 5) to enforce election laws. Resolution 9513 validly suspended the internal requirement for motions to reconsider in the interest of a speedy review, and properly set summary hearings to determine continuing compliance. Due-process requirements (notice, fair opportunity to be heard) were observed.
Constitutional Basis of the Party-List System
Section 5, Art VI of the 1987 Constitution establishes a two-track House of Representatives: (1) members elected by legislative districts; (2) members elected via a party-list system of national, regional and sectoral parties or organizations. Twenty percent of seats are allocated to party-list representatives; half of those seats in the first three terms after ratification are reserved for labor, peasant, urban poor, indigenous cultural communities, women, youth and other sectors (except religious).
Statutory Framework under RA 7941
RA 7941 implements the party-list system, defining:
• Party-list system as proportional representation of national, regional, sectoral parties/organizations.
• Political party versus sectoral party; coalition rules.
• Registration requirements (constitution, by-laws, platform, list of officers, five nominees).
• Grounds for refusal/cancellation (religious, violence, foreign control, non-compliance, untruthful statements, lapse of existence, past vote thresholds).
• Qualifications of nominees (natural-born, voter, resident, literacy, bona fide member 90 days prior, age 25+; youth sector age 25–30).
• Voting and allocation mechanics.
Judicial Precedents Guiding Party-List Qualifications
Ang Bagong Bayani (2001) laid eight guidelines: parties must represent marginalized/underrepresented sectors; major parties must also comply; religious sectors excluded; no Section 6 disqualifications; no government adjuncts; nominees must meet statutory qualifications and belong to sectors; nominees must contribute to beneficial legislation. BANAT (2009) barred major parties from party-list elections to protect weaker sectoral parties.
Ang Bagong Bayani v. COMELEC and Its Limitations
Ang Bagong Bayani overemphasized social-justice sectors, treating all participants as sectoral parties. It erred by requiring national and regional parties to be organized sectorally and represent only the economically marginalized. It also conflated party group and nominee qualifications. BANAT’s further bar on major parties was unduly restrictive and lacked constitutional text support.
Reassessment of National, Regional and Sectoral Parties
Under the Constitution and RA 7941:
- Three categories may participate: national parties (ideology/governance platform), regional parties, sectoral parties (specific interest/characteristic groups).
- National/regional parties need not be organized on sectoral lines nor represent only the economically marginalized.
- Major parties that field district candidates may participate in party-list elections only through an independently registered sectoral wing; they may not run directly or in coalition.
- Sectoral parties need show only that their principal advocacy pertains to their sector; they may be (a) economically marginalized or (b) lacking well-defined district constituencies.
Qualifications and Disqualification of Nominees
• A party-list nominee must meet Section 9(1) RA 7941 (citizenship, residency, literacy, bona fide party member 90 days prior, age).
• Sectoral nominees (first type) belong to the sector represented; or (second type) genuine advocates with track records of benefiting that sector.
• Disqualification of a nominee does not ipso facto disqualify the party; party must have at least one qualified nominee among the first three.
• Party disqualification under Section 6 RA 7941 applies only to grounds expressly listed (religious, violence, foreign control, non-compliance, untruthful statement, lapse of existence, prior election performance).
New Parameters for Party-List Registration and Nomination
For May 2013 and future elections, COMELEC should apply these unified criteria:
- Recognize national, regional, sectoral parties/organizations separately.
- National/regional parties need not represent only marginalized sectors.
- Major parties may participate only via sectoral wings.
- Sectoral parties/organizations represent either economically marginalized sectors (labor, peasant, fisherfolk, urban poor, indigenous cultural communi
Case Syllabus (G.R. No. 203766)
Procedural History
- Fifty-four petitions for certiorari and certiorari and prohibition under Rule 64, 1997 Rules of Civil Procedure were filed by party-list groups challenging COMELEC En Banc resolutions.
- Thirteen petitioners were new applicants whose petitions for registration under RA 7941 and COMELEC Res. 9366 were denied after division and automatic En Banc review.
- Forty petitioners were previously registered and accredited party-list groups whose registrations were cancelled after summary evidentiary hearings under COMELEC Res. 9513.
- The Supreme Court consolidated all petitions by Resolutions of 13 Nov 2012, 20 Nov 2012, 27 Nov 2012, 4 Dec 2012, 11 Dec 2012 and 19 Feb 2013.
- Status Quo Ante Orders were issued in all cases; 41 petitioners secured mandatory injunctions to include their names on the official ballot.
Facts
- Under RA 7941 and COMELEC Res. 9366/9531, some 280 groups filed for party-list registration for the May 2013 elections.
- The COMELEC, upon division rulings and motions for reconsideration, denied 13 new registration petitions, citing lack of sectoral representation, track record and nominee qualifications.
- The COMELEC En Banc, acting under Res. 9513, conducted summary hearings and cancelled 41 existing party-list registrations for similar grounds.
- Excluded petitioners’ names were omitted from ballots by COMELEC Res. 9604 of 7 Jan 2013.
Issues
- May the COMELEC En Banc, by COMELEC Res. 9513, automatically review division rulings and hold summary hearings without motions for reconsideration?
- Did the COMELEC commit grave abuse of discretion in disqualifying petitioners under the “marginalized and underrepresented” criteria of Ang Bagong Bayani and related standards?
Ruling
- The COMELEC did not commit grave abuse of discretion by following prevailing jurisprudence.
- Ang Bagong Bayani’s sectoral-only interpretation is contrary to Article VI, Sec. 5 and RA 7941’s text; national and regional parties need not be sectoral or marginalized.
- All 54 petitions are GRANTED in part. Thirteen new applicants are remanded to COMELEC for registration review only, but shall not join May 2013 elections. Forty-one existing registrants are remanded to COMELEC to determine both registration and participation in May 2013 elections under revised criteria.
- The COMELEC may conduct summary evidentiary hearings in accordance with new parameters.
Rationale
- Article VI, Sec. 5(1) vests seats to registered national, regional and sectoral parties; commas separate these groups from one another.
- RA 7941 distinguishes political parties (ideology- or platform-based) from sectoral parties (interest- or characteristic-based); Section 6 grounds for disqualification do not include non-representation of marginalized sectors.
- COMELEC’s administrative power under Art. IX-C, Sec. 2(5) authorizes registration and review; summary hearings and automatic review serve the State’s duty to ensure free, honest and credible elections.
- The “marginalized and underrepresented” standard must be applied only to genuinely sectoral parties whose membership and nominees must belong to or advocate for their sectors; national and regional parties need only regular party qualifications.
- COMELEC’s disqualification of groups solely because some nominees lacked sectoral status is a misapplication of law; parties and nominees must be treated separately.
Party-List System Under the Constitution
- Article VI, Sec. 5(1): House members from legislative districts and via party-list of registered national, regional, sectoral parties/organizations.
- Article VI, Sec. 5(2): Twenty percent of House seats for party-list; first three terms half of those seats to labor, peasant, urban poor, indigenous cultural communities, women, youth, other sectors except religious.
- Article IX-C, Sec. 2(5): COMELEC power to register political parties, organizations or coalitions.
Party-List System Act (RA 7941)
- Section 2: State policy to enable Filipino citizens belonging to marginalized and underrepresented sectors and lacking well-defined constituencies to become House members.
- Section 3: Definitions of political party, sectoral party, organization, coalition.
- Section 5: Petition for registration; sectors include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, professionals.
- Section 6: Grounds for refusal or cancellation of registration (religious, violence, foreign support, violation of laws, untruthful petition, ceased to exist, election non-participation/votes).
- Section 8: Nomination of at least five candidates.
- Section 9: Qualifications of party-list nominees.
- Section 11: Seats guaranteed to parties with at least 2% of votes, maximum three seats.
Jurisprudential Development
- Ang Bagong Bayani v. COMELEC (2001): allowed national parties but required they “represent the marginalized and underrepresented,” banned religious sects, applied eight-point guidelines.
- BANAT v. COMELEC (2009): disallowed major political parties from party-list entirely; narrow 8-7 decision.
COMELEC Res. 9513 and Review Process
- August 2 2012: automatic En Banc review of division rulings granting new registrations; suspension of Rule 19 (motions for reconsideration).
- Summary evidentiary hearings for existing party-list groups filing intent to participate to determine continuing compliance.
- Notices, lists of items to be submitted (witness names, affidavits, documents).
COMELEC Findings
- All 13 new applicants denied: sectors not marginalized, lack of track record, nominees unqualified under Ang Bagong Bayani criteria.
- Forty existing registrants cancelled: most for failure to represent marginalized sectors, conflicting sectoral interests, lack of sectoral membership or nominee qualifications, or s