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PAGLAUM VS. COMELEC (Newly Decided Case On Party-List System) New Parameters
PAGLAUM VS. COMELEC (Newly Decided Case On Party-List System) New Parameters
PAGLAUM VS. COMELEC (Newly Decided Case On Party-List System) New Parameters
and regional parties or organizations must be bona fide members of such parties or organizations.
1.
First, the justices said, voting 13-0, three different groups are allowed to participate in the party-list system: national parties or organizations; regional parties or organizations; and sectoral parties or organizations. Second, 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.
2.
3.
Third, Political parties can participate in party-list elections provided they register under the party-list system and do not field candidates in legislative district elections. A political party, whether major or not, that fields candidates in legislative district election can participate in party-list elections only through its sectoral wing that can separately register under the party-list system. The sectoral wing is by itself an independent party, and is linked to a political party through a coalition,
4.
Fourth, sectoral parties or organizations may either be marginalized and underrepresented or lacking in well-defined political constituencies. Here, the justices voted 11-2, adding: It is enough that their principal advocacy pertains to the special interest and concerns of the sector. The sectors that are marginalized and underrepresented include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans and overseas workers. The sectors that lack well-defined political constituencies include professionals, the elderly, women and the youth.
5.
Fifth, the justices, voting 13-0 again, ruled that the majority of the members of sectoral parties or organization that represent the marginalized and underrepresented must belong to the marginalized and underrepresented sector that they represent. Similarly, the justices added, a majority of the members of sectoral parties or organization that lack well-defined political constituencies must belong to the sector that they represent. The nominees of either sector must either belong to their respective sectors, or must have a track record of advocacy for their respective sectors; while the nominees of national
What I understand from the Supreme Court decision in its entirety is that economic marginalization remains a requirement for the economic sectors because that is the source of their weakness, but not necessarily for the national and regional parties. For these latter parties, what is sufficient is political or ideological marginalization, even if the ponencia prefers to limit the word marginalization. In this sense, the new
decision is a partial departure from the decision in Ang Bagong Bayani. Thus, social justice as the soul of the system remains intact.