Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.

147589 June 26, 2001

ANG BAGONG BAYAN !O"# $ABOR PARTY (under the acronym OFW ! represented herein by its secretary"#eneral! MO%AMMA& OMAR "AJAR&O, petitioner! $s% ANG BAGONG BAYAN !O"# $ABOR PARTY GO' GO' P% $ PP NES( T%E TRUE MARCOS $OYA$ ST ASSOC AT ON O" T%E P% $ PP NES( P% $ PP NE $OCA$ AUTONOMY( C T )ENS MO*EMENT "OR JUST CE, ECONOMY, EN* RONMENT AN& PEACE( C%AMBER O" REA$ ESTATE BU $&ERS ASSOC AT ON( SPORTS + %EA$T% A&*ANCEMENT "OUN&AT ON, NC.( ANG $A,AS NG O*ERSEAS CONTRACT #OR,ERS -OC#.( BAGONG BAYAN ORGAN )AT ON /n0 o12e34 un0e3 5O36/n78/17on49Co/:717on45 o; O<n7=u4 Re4o:u17on No. >785( PART &O NG MASANG P $ P NO( $A,AS NUC&!UM&P( NAT ONA$ ST PEOP$E?S COA$ T ON( $ABAN NG &EMO,RAT ,ONG P $ P NO( A,SYON &EMO,RAT ,O( P&P! $ABAN( $ BERA$ PARTY( NAC ONA$ STA PARTY( ANG BU%AY %AYAANG YUMABONG( /n0 o12e34 un0e3 5Po:717@/: P/317e45 o; O<n7=u4 Re4o:u17on No. >785. respondents% &"""""""""""""""""""""""""""""""""""""""""""""""""""""""""& G.R. No. 14761> June 26, 2001 BAYAN MUNA, petitioner! $s% COMM SS ON ON E$ECT ONS( NAT ONA$ ST PEOP$E?S COA$ T ON -NPC.( $ABAN NG &EMO,RAT ,ONG P $ P NO -$&P.( PART &O NG MASANG P $ P NO -PMP.( $A,AS!NUC&! UM&P( $ BERA$ PARTY( MAMAMAYANG AYA# SA &ROGA( CREBA( NAT ONA$ "E&ERAT ON O" SUGARCANE P$ANTERS( JEEP( /n0 BAGONG BAYAN ORGAN )AT ON, respondents% PANGAN BAN, J.: 'he party"list system is a social (ustice tool desi#ned not only to #i$e more la) to the #reat masses of our people )ho ha$e less in life! but also to enable them to become $eritable la)ma*ers themsel$es! empo)ered to participate directly in the enactment of la)s desi#ned to benefit them% +t intends to ma*e the mar#inali,ed and the underrepresented not merely passi$e recipients of the -tate.s bene$olence! but acti$e participants in the mainstream of representati$e democracy% 'hus! allo)in# all indi$iduals and #roups! includin# those )hich no) dominate district elections! to ha$e the same opportunity to participate in party"list elections )ould desecrate this lofty ob(ecti$e and mon#reli,e the social (ustice mechanism into an atrocious $eneer for traditional politics% 'he Case Before us are t)o Petitions under Rule /0 of the Rules of Court! challen#in# Omnibus Resolution No% 1230 4issued by the Commission on Elections (Comelec on March 5/! 5664% 'his Resolution appro$ed the participation of 407 or#ani,ations and parties! includin# those herein impleaded! in the 5664 party"list elections% Petitioners see* the dis8ualification of pri$ate respondents! ar#uin# mainly

that the party"list system )as intended to benefit the mar#inali,ed and underrepresented9 not the mainstream political parties! the non"mar#inali,ed or o$errepresented% 'he Factual Antecedents With the onset of the 5664 elections! the Comelec recei$ed se$eral Petitions for re#istration filed by sectoral parties! or#ani,ations and political parties% Accordin# to the Comelec! :;$<erifications )ere made as to the status and capacity of these parties and or#ani,ations and hearin#s )ere scheduled day and ni#ht until the last party );as< heard% With the number of these petitions and the obser$ance of the le#al and procedural re8uirements! re$ie) of these petitions as )ell as deliberations ta*es a lon#er process in order to arri$e at a decision and as a result the t)o (5 di$isions promul#ated a separate Omnibus Resolution and indi$idual resolution on political parties% 'hese numerous petitions and processes obser$ed in the disposition of these petition;s< hinder the early release of the Omnibus Resolutions of the =i$isions )hich )ere promul#ated only on 46 February 5664%: 5 'hereafter! before the February 45! 5664 deadline prescribed under Comelec Resolution No% 175/ dated =ecember 55! 5666! the re#istered parties and or#ani,ations filed their respecti$e Manifestations! statin# their intention to participate in the party"list elections% Other sectoral and political parties and or#ani,ations )hose re#istrations )ere denied also filed Motions for Reconsideration! to#ether )ith Manifestations of their intent to participate in the party"list elections% -till other re#istered parties filed their Manifestations beyond the deadline% 'he Comelec #a$e due course or appro$ed the Manifestations (or accreditations of 407 parties and or#ani,ations! but denied those of se$eral others in its assailed March 5/! 5664 Omnibus Resolution No% 1230! )hich )e 8uote> :We carefully deliberated the fore#oin# matters! ha$in# in mind that this system of proportional representation scheme )ill encoura#e multi"partisan ;sic< and enhance the inability of small! ne) or sectoral parties or or#ani,ation to directly participate in this electoral )indo)% :+t )ill be noted that as defined! the .party"list system. is a .mechanism of proportional representation. in the election of representati$es to the ?ouse of Representati$es from national! re#ional! and sectoral parties or or#ani,ations or coalitions thereof re#istered )ith the Commission on Elections% :?o)e$er! in the course of our re$ie) of the matters at bar! )e must reco#ni,e the fact that there is a need to *eep the number of sectoral parties! or#ani,ations and coalitions! do)n to a mana#eable le$el! *eepin# only those )ho substantially comply )ith the rules and re#ulations and more importantly the sufficiency of the Manifestations or e$idence on the Motions for Reconsiderations or Oppositions%: 1 On April 46! 5664! A*bayan Citi,ens Action Party filed before the Comelec a Petition prayin# that :the names of ;some of herein respondents< be deleted from the .Certified @ist of Political PartiesA-ectoral PartiesAOr#ani,ationsACoalitions Participatin# in the Party @ist -ystem for the May 47! 5664 Elections. and that said certified list be accordin#ly amended%: +t also as*ed! as an alternati$e! that the $otes cast for the said respondents not be counted or can$assed! and that the latter.s nominees not be proclaimed% 7 On April 44! 5664! Bayan Muna and Bayan Muna"Bouth also filed a Petition for Cancellation of Re#istration and Nomination a#ainst some of herein respondents% 0 On April 43! 5664! the Comelec re8uired the respondents in the t)o dis8ualification cases to file Comments )ithin three days from notice% +t also set the date for hearin# on April 5/! 5664! / but subse8uently reset it to May 1! 5664% 2 =urin# the hearin#! ho)e$er! Commissioner Ralph C% @antion merely directed the parties to submit their respecti$e memoranda% 3

Mean)hile! dissatisfied )ith the pace of the Comelec! An# Ba#on# Bayani"OFW @abor Party filed a Petition Cbefore this Court on April 4/! 5664% 'his Petition! doc*eted as DR No% 47203C! assailed Comelec Omnibus Resolution No% 1230% +n its Resolution dated April 42! 5664! 46 the Court directed respondents to comment on the Petition )ithin a non"e&tendible period of fi$e days from notice% 44 On April 42! 5664! Petitioner Bayan Muna also filed before this Court a Petition! 45 doc*eted as DR No% 472/41! also challen#in# Comelec Omnibus Resolution No% 1230% +n its Resolution dated May C! 5664! 41 the Court ordered the consolidation of the t)o Petitions before it9 directed respondents named in the second Petition to file their respecti$e Comments on or before noon of May 40! 56649 and called the parties to an Oral Ar#ument on May 42! 5664% +t added that the Comelec may proceed )ith the countin# and can$assin# of $otes cast for the party"list elections! but barred the proclamation of any )inner therein! until further orders of the Court% 'hereafter! Comments 47 on the second Petition )ere recei$ed by the Court and! on May 42! 5664! the Oral Ar#ument )as conducted as scheduled% +n an Order #i$en in open court! the parties )ere directed to submit their respecti$e Memoranda simultaneously )ithin a non"e&tendible period of fi$e days% 40 +ssues> =urin# the hearin# on May 42! 5664! the Court directed the parties to address the follo)in# issues> :4% Whether or not recourse under Rule /0 is proper under the premises% More specifically! is there no other plain! speedy or ade8uate remedy in the ordinary course of la)E :5% Whether or not political parties may participate in the party"list elections% :1% Whether or not the party"list system is e&clusi$e to .mar#inali,ed and underrepresented. sectors and or#ani,ations% :7% Whether or not the Comelec committed #ra$e abuse of discretion in promul#atin# Omnibus Resolution No% 1230%: 4/ 'he Court.s Rulin# 'he Petitions are partly meritorious% 'hese cases should be remanded to the Comelec )hich )ill determine! after summary e$identiary hearin#s! )hether the 407 parties and or#ani,ations enumerated in the assailed Omnibus Resolution satisfy the re8uirements of the Constitution and RA 2C74! as specified in this =ecision% First Issue: Recourse Fnder Rule /0 Respondents contend that the recourse of both petitioners under Rule /0 is improper because there are other plain! speedy and ade8uate remedies in the ordinary course of la)% 42 'he Office of the -olicitor Deneral ar#ues that petitioners should ha$e filed before the Comelec a petition either for dis8ualification or for cancellation of re#istration! pursuant to -ections 4C! 56! 54 and 55 of Comelec Resolution No% 1162"A 43 dated No$ember C! 5666% 4C

We disa#ree% At bottom! petitioners attac* the $alidity of Comelec Omnibus Resolution 1230 for ha$in# been issued )ith #ra$e abuse of discretion! insofar as it allo)ed respondents to participate in the party"list elections of 5664% +ndeed! under both the Constitution 56 and the Rules of Court! such challen#e may be brou#ht before this Court in a $erified petition for certiorari under Rule /0% Moreo$er! the assailed Omnibus Resolution )as promul#ated by Respondent Commission en banc9 hence! no motion for reconsideration )as possible! it bein# a prohibited pleadin# under -ection 4 (d ! Rule 41 of the Comelec Rules of Procedure% 54 'he Court also notes that Petitioner Bayan Muna had filed before the Comelec a Petition for Cancellation of Re#istration and Nomination a#ainst some of herein respondents% 55 'he Comelec! ho)e$er! did not act on that Petition% +n $ie) of the pendency of the elections! Petitioner Bayan Muna sou#ht succor from this Court! for there )as no other ade8uate recourse at the time% -ubse8uent e$ents ha$e pro$en the ur#ency of petitioner.s action9 to this date! the Comelec has not yet formally resol$ed the Petition before it% But a resolution may (ust be a formality because the Comelec! throu#h the Office of the -olicitor Deneral! has made its position on the matter 8uite clear% +n any e$ent! this case presents an e&ception to the rule that certiorari shall lie only in the absence of any other plain! speedy and ade8uate remedy% 51 +t has been held that certiorari is a$ailable! not)ithstandin# the presence of other remedies! :)here the issue raised is one purely of la)! )here public interest is in$ol$ed! and in case of ur#ency%: 57 +ndeed! the instant case is indubitably imbued )ith public interest and )ith e&treme ur#ency! for it potentially in$ol$es the composition of 56 percent of the ?ouse of Representati$es% Moreo$er! this case raises transcendental constitutional issues on the party"list system! )hich this Court must ur#ently resol$e! consistent )ith its duty to :formulate #uidin# and controllin# constitutional principles! precepts! doctrines! or rules%: 50 Finally! procedural re8uirements :may be #lossed o$er to pre$ent a miscarria#e of (ustice! )hen the issue in$ol$es the principle of social (ustice & & & )hen the decision sou#ht to be set aside is a nullity! or )hen the need for relief is e&tremely ur#ent and certiorari is the only ade8uate and speedy remedy a$ailable%: 5/ Second Issue: Participation of Political Parties +n its Petition! An# Ba#on# Bayani"OFW @abor Party contends that :the inclusion of political parties in the party"list system is the most ob(ectionable portion of the 8uestioned Resolution%: 52 For its part! Petitioner Bayan Muna ob(ects to the participation of :ma(or political parties%: 53 On the other hand! the Office of the -olicitor Deneral! li*e the impleaded political parties! submits that the Constitution and RA No% 2C74 allo) political parties to participate in the party"list elections% +t ar#ues that the party"list system is! in fact! open to all :re#istered national! re#ional and sectoral parties or or#ani,ations%: 5C We no) rule on this issue% Fnder the Constitution and RA 2C74! pri$ate respondents cannot be dis8ualified from the party"list elections! merely on the #round that they are political parties% -ection 0! Article G+ of the Constitution pro$ides that members of the ?ouse of Representati$es may :be elected throu#h a party"list system of re#istered national! re#ional! and sectoral parties or or#ani,ations%:

Furthermore! under -ections 2 and 3! Article +H (C of the Constitution! political parties may be re#istered under the party"list system% :-ec% 2% No $otes cast in fa$or of a political party! or#ani,ation! or coalition shall be $alid! e&cept for those re#istered under the party"list system as pro$ided in this Constitution% :-ec% 3% Political parties! or or#ani,ations or coalitions re#istered under the party"list system! shall not be represented in the $oters. re#istration boards! boards of election inspectors! boards of can$assers! or other similar bodies% ?o)e$er! they shall be entitled to appoint poll )atchers in accordance )ith la)%: 16 =urin# the deliberations in the Constitutional Commission! Comm% Christian -% Monsod pointed out that the participants in the party"list system may :be a re#ional party! a sectoral party! a national party! FN+=O! 14Ma#sasa*a! or a re#ional party in Mindanao%: 15 'his )as also clear from the follo)in# e&chan#e bet)een Comms% Iaime 'adeo and Blas Ople> 11 :MR% 'A=EO% Nanini)ala ba *ayo na an# party list ay p)eden# pa#hati"hatian n# FN+=O! P=P" @aban! PNP! @iberal at NacionalistaE MR% OP@E% Maaari yan sapa#*at bu*as an# party list system sa lahat n# m#a partido%: +ndeed! Commissioner Monsod stated that the purpose of the party"list pro$ision )as to open up the system! in order to #i$e a chance to parties that consistently place third or fourth in con#ressional district elections to )in a seat in Con#ress% 17 ?e e&plained> :'he purpose of this is to open the system% +n the past elections! )e found out that there )ere certain #roups or parties that! if )e count their $otes nation)ide! ha$e about 4!666!666 or 4!066!666 $otes% But they )ere al)ays third or fourth place in each of the districts% -o! they ha$e no $oice in the Assembly% But this )ay! they )ould ha$e fi$e or si& representati$es in the Assembly e$en if they )ould not )in indi$idually in le#islati$e districts% -o! that is essentially the mechanics! the purpose and ob(ecti$es of the party"list system%: For its part! -ection 5 of RA 2C74 also pro$ides for :a party"list system of re#istered national! re#ional and sectoral parties or or#ani,ations or coalitions thereof! & & &%: -ection 1 e&pressly states that a :party: is :either a political party or a sectoral party or a coalition of parties%: More to the point! the la) defines :political party: as :an or#ani,ed #roup of citi,ens ad$ocatin# an ideolo#y or platform! principles and policies for the #eneral conduct of #o$ernment and )hich! as the most immediate means of securin# their adoption! re#ularly nominates and supports certain of its leaders and members as candidates for public office%: Furthermore! -ection 44 of RA 2C74 lea$es no doubt as to the participation of political parties in the party"list system% We 8uote the pertinent pro$ision belo)> :& & & :For purposes of the May 4CC3 elections! the first fi$e (0 ma(or political parties on the basis of party representation in the ?ouse of Representati$es at the start of the 'enth Con#ress of the Philippines shall not be entitled to participate in the party"list system% & & &: +ndubitably! therefore! political parties J e$en the ma(or ones "" may participate in the party"list elections%

Third Issue: Mar#inali,ed and Fnderrepresented 'hat political parties may participate in the party"list elections does not mean! ho)e$er! that any political party "" or any or#ani,ation or #roup for that matter "" may do so% 'he re8uisite character of these parties or or#ani,ations must be consistent )ith the purpose of the party"list system! as laid do)n in the Constitution and RA 2C74% -ection 0! Article G+ of the Constitution! pro$ides as follo)s> :(4 'he ?ouse of Representati$es shall be composed of not more than t)o hundred and fifty members! unless other)ise fi&ed by la)! )ho shall be elected from le#islati$e districts apportioned amon# the pro$inces! cities! and the Metropolitan Manila area in accordance )ith the number of their respecti$e inhabitants! and on the basis of a uniform and pro#ressi$e ratio! and those )ho! as pro$ided by la)! shall be elected throu#h a party"list system of re#istered national! re#ional! and sectoral parties or or#ani,ations% (5 'he party"list representati$es shall constitute t)enty per centum of the total number of representati$es includin# those under the party list% For three consecuti$e terms after the ratification of this Constitution! one"half of the seats allocated to party"list representati$es shall be filled! as pro$ided by la)! by selection or election from the labor! peasant! urban poor! indi#enous cultural communities! )omen! youth! and such other sectors as may be pro$ided by la)! e&cept the reli#ious sector%: (Emphasis supplied% Not)ithstandin# the sparse lan#ua#e of the pro$ision! a distin#uished member of the Constitutional Commission declared that the purpose of the party"list pro$ision )as to #i$e :#enuine po)er to our people: in Con#ress% ?ence! )hen the pro$ision )as discussed! he e&ultantly announced> :On this first day of Au#ust 4C3/! )e shall! hopefully! usher in a ne) chapter to our national history! by #i$in# #enuine po)er to our people in the le#islature%:10 'he fore#oin# pro$ision on the party"list system is not self"e&ecutory% +t is! in fact! interspersed )ith phrases li*e :in accordance )ith la): or :as may be pro$ided by la):9 it )as thus up to Con#ress to sculpt in #ranite the lofty ob(ecti$e of the Constitution% ?ence! RA 2C74 )as enacted% +t laid out the statutory policy in this )ise> :-EC% 5% =eclaration of Policy% "" 'he -tate shall promote proportional representation in the election of representati$es to the ?ouse of Representati$es throu#h a party"list system of re#istered national! re#ional and sectoral parties or or#ani,ations or coalitions thereof! )hich )ill enable Filipino citi,ens belon#in# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties! and )ho lac* )ell"defined political constituencies but )ho could contribute to the formulation and enactment of appropriate le#islation that )ill benefit the nation as a )hole! to become members of the ?ouse of Representati$es% 'o)ards this end! the -tate shall de$elop and #uarantee a full! free and open party system in order to attain the broadest possible representation of party! sectoral or #roup interests in the ?ouse of Representati$es by enhancin# their chances to compete for and )in seats in the le#islature! and shall pro$ide the simplest scheme possible%: 'he Mar#inali,ed and Fnderrepresented to Become @a)ma*ers 'hemsel$es 'he fore#oin# pro$ision mandates a state policy of promotin# proportional representation by means of the Filipino"style party"list system! )hich )ill :enable: the election to the ?ouse of Representati$es of Filipino citi,ens!

4% )ho belon# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties9 and 5% )ho lac* )ell"defined constituencies9 but 1% )ho could contribute to the formulation and enactment of appropriate le#islation that )ill benefit the nation as a )hole% 'he *ey )ords in this policy are :proportional representation!: :mar#inali,ed and underrepresented!: and :lac* of)ell"defined constituencies%: :Proportional representation: here does not refer to the number of people in a particular district! because the party"list election is national in scope% Neither does it allude to numerical stren#th in a distressed or oppressed #roup% Rather! it refers to the representation of the :mar#inali,ed and underrepresented: as e&emplified by the enumeration in -ection 0 of the la)9 namely! :labor! peasant! fisherfol*! urban poor! indi#enous cultural communities! elderly! handicapped! )omen! youth! $eterans! o$erseas )or*ers! and professionals%: ?o)e$er! it is not enou#h for the candidate to claim representation of the mar#inali,ed and underrepresented! because representation is easy to claim and to fei#n% 'he party"list or#ani,ation or party must factually and truly represent the mar#inali,ed and underrepresented constituencies mentioned in -ection 0% 1/ Concurrently! the persons nominated by the party"list candidate" or#ani,ation must be :Filipino citi,ens belon#in# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties%: Finally! :lac* of )ell"defined constituenc;y< : refers to the absence of a traditionally identifiable electoral #roup! li*e $oters of a con#ressional district or territorial unit of #o$ernment% Rather! it points a#ain to those )ith disparate interests identified )ith the :mar#inali,ed or underrepresented%: +n the end! the role of the Comelec is to see to it that only those Filipinos )ho are :mar#inali,ed and underrepresented: become members of Con#ress under the party"list system! Filipino"style% 'he intent of the Constitution is clear> to #i$e #enuine po)er to the people! not only by #i$in# more la) to those )ho ha$e less in life! but more so by enablin# them to become $eritable la)ma*ers themsel$es% Consistent )ith this intent! the policy of the implementin# la)! )e repeat! is li*e)ise clear> :to enable Filipino citi,ens belon#in# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties! & & &! to become members of the ?ouse of Representati$es%: Where the lan#ua#e of the la) is clear! it must be applied accordin# to its e&press terms% 12 'he mar#inali,ed and underrepresented sectors to be represented under the party"list system are enumerated in -ection 0 of RA 2C74! )hich states> :-EC% 0% Re#istration% "" Any or#ani,ed #roup of persons may re#ister as a party! or#ani,ation or coalition for purposes of the party"list system by filin# )ith the COME@EC not later than ninety (C6 days before the election a petition $erified by its president or secretary statin# its desire to participate in the party"list system as a national! re#ional or sectoral party or or#ani,ation or a coalition of such parties or or#ani,ations! attachin# thereto its constitution! by"la)s! platform or pro#ram of #o$ernment! list of officers! coalition a#reement and other rele$ant information as the COME@EC may re8uire> Pro$ided! that the sector shall include labor! peasant! fisherfol*! urban poor! indi#enous cultural communities! elderly! handicapped! )omen! youth! $eterans! o$erseas )or*ers! and professionals%:

While the enumeration of mar#inali,ed and underrepresented sectors is not e&clusi$e! it demonstrates the clear intent of the la) that not all sectors can be represented under the party"list system% +t is a fundamental principle of statutory construction that )ords employed in a statute are interpreted in connection )ith! and their meanin# is ascertained by reference to! the )ords and the phrases )ith )hich they are associated or related% 'hus! the meanin# of a term in a statute may be limited! 8ualified or speciali,ed by those in immediate association% 13 'he Party"@ist -ystem =esecrated by the O-D Contentions Not)ithstandin# the unmista*able statutory policy! the Office of the -olicitor Deneral submits that RA No% 2C74 :does not limit the participation in the party"list system to the mar#inali,ed and underrepresented sectors of society%: 1C +n fact! it contends that any party or #roup that is not dis8ualified under -ection / 76 of RA 2C74 may participate in the elections% ?ence! it admitted durin# the Oral Ar#ument that e$en an or#ani,ation representin# the super rich of Forbes Par* or =asmariKas Gilla#e could participate in the party"list elections% 74 'he declared policy of RA 2C74 contra$enes the position of the Office of the -olicitor Deneral (O-D % We stress that the party"list system see*s to enable certain Filipino citi,ens J specifically those belon#in# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties J to be elected to the ?ouse of Representati$es% 'he assertion of the O-D that the party"list system is not e&clusi$e to the mar#inali,ed and underrepresented disre#ards the clear statutory policy% +ts claim that e$en the super"rich and o$errepresented can participate desecrates the spirit of the party"list system% +ndeed! the la) crafted to address the peculiar disad$anta#es of Payatas ho$el d)ellers cannot be appropriated by the mansion o)ners of Forbes Par*% 'he interests of these t)o sectors are manifestly disparate9 hence! the O-D.s position to treat them similarly defies reason and common sense% +n contrast! and )ith admirable candor! Atty% @orna Pata(o"Lapunan 75 admitted durin# the Oral Ar#ument that a #roup of ban*ers! industrialists and su#ar planters could not (oin the party"list system as representati$es of their respecti$e sectors% 71 While the business mo#uls and the me#a"rich are! numerically spea*in#! a tiny minority! they are neither mar#inali,ed nor underrepresented! for the star* reality is that their economic clout en#enders political po)er more a)esome than their numerical limitation% 'raditionally! political po)er does not necessarily emanate from the si,e of one.s constituency9 indeed! it is li*ely to arise more directly from the number and amount of one.s ban* accounts% +t is ironic! therefore! that the mar#inali,ed and underrepresented in our midst are the ma(ority )ho )allo) in po$erty! destitution and infirmity% +t )as for them that the party"list system )as enacted "" to #i$e them not only #enuine hope! but #enuine po)er9 to #i$e them the opportunity to be elected and to represent the specific concerns of their constituencies9 and simply to #i$e them a direct $oice in Con#ress and in the lar#er affairs of the -tate% +n its noblest sense! the party"list system truly empo)ers the masses and ushers a ne) hope for #enuine chan#e% Gerily! it in$ites those mar#inali,ed and underrepresented in the past J the farm hands! the fisher fol*! the urban poor! e$en those in the under#round mo$ement J to come out and participate! as indeed many of them came out and participated durin# the last elections% 'he -tate cannot no) disappoint and frustrate them by disablin# and desecratin# this social (ustice $ehicle% Because the mar#inali,ed and underrepresented had not been able to )in in the con#ressional district elections normally dominated by traditional politicians and $ested #roups! 56 percent of the seats in the ?ouse of Representati$es )ere set aside for the party"list system% +n ar#uin# that e$en those sectors )ho normally controlled 36 percent of the seats in the ?ouse could participate in the

party"list elections for the remainin# 56 percent! the O-D and the Comelec disre#ard the fundamental difference bet)een the con#ressional district elections and the party"list elections% As earlier noted! the purpose of the party"list pro$ision )as to open up the system! 77 in order to enhance the chance of sectoral #roups and or#ani,ations to #ain representation in the ?ouse of Representati$es throu#h the simplest scheme possible% 70 @o#ic sho)s that the system has been opened to those )ho ha$e ne$er #otten a foothold )ithin it "" those )ho cannot other)ise )in in re#ular elections and )ho therefore need the :simplest scheme possible: to do so% Con$ersely! it )ould be illo#ical to open the system to those )ho ha$e lon# been )ithin it "" those pri$ile#ed sectors that ha$e lon# dominated the con#ressional district elections% 'he import of the open party"list system may be more $i$idly understood )hen compared to a student dormitory :open house!: )hich by its nature allo)s outsiders to enter the facilities% Ob$iously! the :open house: is for the benefit of outsiders only! not the dormers themsel$es )ho can enter the dormitory e$en )ithout such special pri$ile#e% +n the same $ein! the open party"list system is only for the :outsiders: )ho cannot #et elected throu#h re#ular elections other)ise9 it is not for the non"mar#inali,ed or o$errepresented )ho already fill the ran*s of Con#ress% Gerily! allo)in# the non"mar#inali,ed and o$errepresented to $ie for the remainin# seats under the party"list system )ould not only dilute! but also pre(udice the chance of the mar#inali,ed and underrepresented! contrary to the intention of the la) to enhance it% 'he party"list system is a tool for the benefit of the underpri$ile#ed9 the la) could not ha$e #i$en the same tool to others! to the pre(udice of the intended beneficiaries% 'his Court! therefore! cannot allo) the party"list system to be sullied and prostituted by those )ho are neither mar#inali,ed nor underrepresented% +t cannot let that flic*er of hope be snuffed out% 'he clear state policy must permeate e$ery discussion of the 8ualification of political parties and other or#ani,ations under the party"list system% Re;u1/17on o; 12e SeA/3/1e OA7n7on4 'he -eparate Opinions of our distin#uished collea#ues! Iustices Iose C% Gitu# and Gicente G% Mendo,a! are anchored mainly on the supposed intent of the framers of the Constitution as culled from their deliberations% 'he fundamental principle in constitutional construction! ho)e$er! is that the primary source from )hich to ascertain constitutional intent or purpose is the lan#ua#e of the pro$ision itself% 'he presumption is that the )ords in )hich the constitutional pro$isions are couched e&press the ob(ecti$e sou#ht to be attained% 7/ +n other )ords! $erba le#is still pre$ails% Only )hen the meanin# of the )ords used is unclear and e8ui$ocal should resort be made to e&traneous aids of construction and interpretation! such as the proceedin#s of the Constitutional Commission or Con$ention! in order to shed li#ht on and ascertain the true intent or purpose of the pro$ision bein# construed% 72 +ndeed! as cited in the -eparate Opinion of Iustice Mendo,a! this Court stated in Ci$il @iberties Fnion $% E&ecuti$e -ecretary 73 that :the debates and proceedin#s of the constitutional con$ention ;may be consulted< in order to arri$e at the reason and purpose of the resultin# Constitution & & & only )hen other #uides fail as said proceedin#s are po)erless to $ary the terms of the Constitution )hen the meanin# is clear% =ebates in the constitutional con$ention .are of $alue as sho)in# the $ie)s of the indi$idual members! and as indicatin# the reason for their $otes! but they #i$e us no li#ht as to the $ie)s of the lar#e ma(ority )ho did not tal*! much less of the mass or our fello) citi,ens )hose $otes at the polls #a$e that instrument the force of fundamental la)% We thin* it safer to construe the constitution from )hat appears upon its face%. 'he proper interpretation therefore

depends more on ho) it )as understood by the people adoptin# it than in the framers. understandin# thereof%: -ection 0! Article G+ of the Constitution! relati$e to the party"list system! is couched in clear terms> the mechanics of the system shall be pro$ided by la)% Pursuant thereto! Con#ress enacted RA 2C74% +n understandin# and implementin# party"list representation! )e should therefore loo* at the la) first% Only )hen )e find its pro$isions ambi#uous should the use of e&traneous aids of construction be resorted to% But! as discussed earlier! the intent of the la) is ob$ious and clear from its plain )ords% -ection 5 thereof une8ui$ocally states that the party"list system of electin# con#ressional representati$es )as desi#ned to :enable underrepresented sectors! or#ani,ations and parties! and )ho lac* )ell"defined political constituencies but )ho could contribute to the formulation and enactment of appropriate le#islation that )ill benefit the nation as a )hole & & &%: 'he criteria for participation is )ell defined% 'hus! there is no need for recourse to constitutional deliberations! not e$en to the proceedin#s of Con#ress% +n any e$ent! the framers. deliberations merely e&press their indi$idual opinions and are! at best! only persuasi$e in construin# the meanin# and purpose of the constitution or statute% Be it remembered that the constitutionality or $alidity of -ections 5 and 0 of RA 2C74 is not an issue here% ?ence! they remain parts of the la)! )hich must be applied plainly and simply% Fourth Issue: Dra$e Abuse of =iscretion From its assailed Omnibus Resolution! it is manifest that the Comelec failed to appreciate fully the clear policy of the la) and the Constitution% On the contrary! it seems to ha$e i#nored the facet of the party"list system discussed abo$e% 'he O-D as its counsel admitted before the Court that any #roup! e$en the non"mar#inali,ed and o$errepresented! could field candidates in the party"list elections% When a lo)er court! or a 8uasi"(udicial a#ency li*e the Commission on Elections! $iolates or i#nores the Constitution or the la)! its action can be struc* do)n by this Court on the #round of #ra$e abuse of discretion% 7C+ndeed! the function of all (udicial and 8uasi"(udicial instrumentalities is to apply the la) as they find it! not to rein$ent or second"#uess it% 06 +n its Memorandum! Petitioner Bayan Muna passionately pleads for the outri#ht dis8ualification of the ma(or political parties J Respondents @a*as"NFC=! @=P! NPC! @P and PMP J on the #round that under Comelec Resolution No% 7621! they ha$e been accredited as the fi$e (si&! includin# P=P" @aban ma(or political parties in the May 47! 5664 elections% +t ar#ues that because of this! they ha$e the :ad$anta#e of #ettin# official Comelec Election Returns! Certificates of Can$ass! preferred poll )atchers & & &%: We note! ho)e$er! that this accreditation does not refer to the party"list election! but! inter alia! to the election of district representati$es for the purpose of determinin# )hich parties )ould be entitled to )atchers under -ection 5/ of Republic Act No% 24//% What is needed under the present circumstances! ho)e$er! is a factual determination of )hether respondents herein and! for that matter! all the 407 pre$iously appro$ed #roups! ha$e the necessary 8ualifications to participate in the party"list elections! pursuant to the Constitution and the la)% Bayan Muna also ur#es us to immediately rule out Respondent Mamamayan Aya) sa =ro#a (MA= ! because :it is a #o$ernment entity usin# #o$ernment resources and pri$ile#es%: 'his Court! ho)e$er!

is not a trier of facts% 04 +t is not e8uipped to recei$e e$idence and determine the truth of such factual alle#ations% Basic rudiments of due process re8uire that respondents should first be #i$en an opportunity to sho) that they 8ualify under the #uidelines promul#ated in this =ecision! before they can be depri$ed of their ri#ht to participate in and be elected under the party"list system% Duidelines for -creenin# Party"@ist Participants 'he Court! therefore! deems it proper to remand the case to the Comelec for the latter to determine! after summary e$identiary hearin#s! )hether the 407 parties and or#ani,ations allo)ed to participate in the party"list elections comply )ith the re8uirements of the la)% +n this li#ht! the Court finds it appropriate to lay do)n the follo)in# #uidelines! culled from the la) and the Constitution! to assist the Comelec in its )or*% First! the political party! sector! or#ani,ation or coalition must represent the mar#inali,ed and underrepresented #roups identified in -ection 0 of RA 2C74% +n other )ords! it must sho) "" throu#h its constitution! articles of incorporation! byla)s! history! platform of #o$ernment and trac* record "" that it represents and see*s to uplift mar#inali,ed and underrepresented sectors% Gerily! ma(ority of its membership should belon# to the mar#inali,ed and underrepresented% And it must demonstrate that in a conflict of interests! it has chosen or is li*ely to choose the interest of such sectors% -econd! )hile e$en ma(or political parties are e&pressly allo)ed by RA 2C74 and the Constitution to participate in the party"list system! they must comply )ith the declared statutory policy of enablin# :Filipino citi,ens belon#in# to mar#inali,ed and underrepresented sectors & & & to be elected to the ?ouse of Representati$es%: +n other )ords! )hile they are not dis8ualified merely on the #round that they are political parties! they must sho)! ho)e$er! that they represent the interests of the mar#inali,ed and underrepresented% 'he counsel of A*syon =emo*rati*o and other similarly situated political parties admitted as much durin# the Oral Ar#ument! as the follo)in# 8uote sho)s> :IF-'+CE PANDAN+BAN> + am not disputin# that in my 8uestion% All + am sayin# is! the political party must claim to represent the mar#inali,ed and underrepresented sectorsE A''B% LAPFNAN> Bes! Bour ?onor! the ans)er is yes%: 05 'hird! in $ie) of the ob(ections01 directed a#ainst the re#istration of An# Buhay ?ayaan# Bumabon#! )hich is alle#edly a reli#ious #roup! the Court notes the e&press constitutional pro$ision that the reli#ious sector may not be represented in the party"list system% 'he e&tent of the constitutional proscription is demonstrated by the follo)in# discussion durin# the deliberations of the Constitutional Commission> :MR% OP@E% & & & +n the e$ent that a certain reli#ious sect )ith nation)ide and e$en international net)or*s of members and supporters! in order to circum$ent this prohibition! decides to form its o)n political party in emulation of those parties + had mentioned earlier as deri$in# their inspiration and philosophies from )ell"established reli#ious faiths! )ill that also not fall )ithin this prohibitionE MR% MON-O=% +f the e$idence sho)s that the intention is to #o around the prohibition! then certainly the Comelec can pierce throu#h the le#al fiction%:07

'he follo)in# discussion is also pertinent> :MR% G+@@ACOR'A% When the Commissioner proposed :EHCEP' RE@+D+OF- DROFP-!: he is not! of course! prohibitin# priests! imams or pastors )ho may be elected by! say! the indi#enous community sector to represent their #roup% REG% R+DO-% Not at all! but + am ob(ectin# to anybody )ho represents the +#lesia ni Lristo! the Catholic Church! the Protestant Church et cetera%: 00 Furthermore! the Constitution pro$ides that :reli#ious denominations and sects shall not be re#istered%:0/ 'he prohibition )as e&plained by a member 02 of the Constitutional Commission in this )ise> :;'< he prohibition is on any reli#ious or#ani,ation re#isterin# as a political party% + do not see any prohibition here a#ainst a priest runnin# as a candidate% 'hat is not prohibited here9 it is the re#istration of a reli#ious sect as a political party%: 03 Fourth! a party or an or#ani,ation must not be dis8ualified under -ection / of RA 2C74! )hich enumerates the #rounds for dis8ualification as follo)s> :(4 +t is a reli#ious sect or denomination! or#ani,ation or association or#ani,ed for reli#ious purposes9 (5 +t ad$ocates $iolence or unla)ful means to see* its #oal9 (1 +t is a forei#n party or or#ani,ation9 (7 +t is recei$in# support from any forei#n #o$ernment! forei#n political party! foundation! or#ani,ation! )hether directly or throu#h any of its officers or members or indirectly throu#h third parties for partisan election purposes9 (0 +t $iolates or fails to comply )ith la)s! rules or re#ulations relatin# to elections9 (/ +t declares untruthful statements in its petition9 (2 +t has ceased to e&ist for at least one (4 year9 or (3 +t fails to participate in the last t)o (5 precedin# elections or fails to obtain at least t)o per centum (5M of the $otes cast under the party"list system in the t)o (5 precedin# elections for the constituency in )hich it has re#istered%: 0C Note should be ta*en of para#raph 0! )hich dis8ualifies a party or #roup for $iolation of or failure to comply )ith election la)s and re#ulations% 'hese la)s include -ection 5 of RA 2C74! )hich states that the party"list system see*s to :enable Filipino citi,ens belon#in# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties & & & to become members of the ?ouse of Representati$es%: A party or an or#ani,ation! therefore! that does not comply )ith this policy must be dis8ualified% Fifth! the party or or#ani,ation must not be an ad(unct of! or a pro(ect or#ani,ed or an entity funded or assisted by! the #o$ernment% By the $ery nature of the party"list system! the party or or#ani,ation must be a #roup of citi,ens! or#ani,ed by citi,ens and operated by citi,ens% +t must be independent of the #o$ernment% 'he participation of the #o$ernment or its officials in the affairs of a party"list candidate is not only ille#al/6 and unfair to other parties! but also deleterious to the ob(ecti$e of the

la)> to enable citi,ens belon#in# to mar#inali,ed and underrepresented sectors and or#ani,ations to be elected to the ?ouse of Representati$es% -i&th! the party must not only comply )ith the re8uirements of the la)9 its nominees must li*e)ise do so% -ection C of RA 2C74 reads as follo)s> :-EC% C% Nualifications of Party"@ist Nominees% J No person shall be nominated as party"list representati$e unless he is a natural"born citi,en of the Philippines! a re#istered $oter! a resident of the Philippines for a period of not less than one (4 year immediately precedin# the day of the election! able to read and )rite! a bona fide member of the party or or#ani,ation )hich he see*s to represent for at least ninety (C6 days precedin# the day of the election! and is at least t)enty"fi$e (50 years of a#e on the day of the election% +n case of a nominee of the youth sector! he must at least be t)enty"fi$e (50 but not more than thirty (16 years of a#e on the day of the election% Any youth sectoral representati$e )ho attains the a#e of thirty (16 durin# his term shall be allo)ed to continue in office until the e&piration of his term%: -e$enth! not only the candidate party or or#ani,ation must represent mar#inali,ed and underrepresented sectors9 so also must its nominees% 'o repeat! under -ection 5 of RA 2C74! the nominees must be Filipino citi,ens :)ho belon# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties%: -urely! the interests of the youth cannot be fully represented by a retiree9 neither can those of the urban poor or the )or*in# class! by an industrialist% 'o allo) other)ise is to betray the -tate policy to #i$e #enuine representation to the mar#inali,ed and underrepresented% Ei#hth! as pre$iously discussed! )hile lac*in# a )ell"defined political constituency! the nominee must li*e)ise be able to contribute to the formulation and enactment of appropriate le#islation that )ill benefit the nation as a )hole% -enator Iose @ina e&plained durin# the bicameral committee proceedin#s that :the nominee of a party! national or re#ional! is not #oin# to represent a particular district & & &%:/4 EA7:o6ue 'he linchpin of this case is the clear and plain policy of the la)> :to enable Filipino citi,ens belon#in# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties! and )ho lac* )ell"defined political constituencies but )ho could contribute to the formulation and enactment of appropriate le#islation that )ill benefit the nation as a )hole! to become members of the ?ouse of Representati$es%: Crucial to the resolution of this case is the fundamental social (ustice principle that those )ho ha$e less in life should ha$e more in la)% 'he party"list system is one such tool intended to benefit those )ho ha$e less in life% +t #i$es the #reat masses of our people #enuine hope and #enuine po)er% +t is a messa#e to the destitute and the pre(udiced! and e$en to those in the under#round! that chan#e is possible% +t is an in$itation for them to come out of their limbo and sei,e the opportunity% Clearly! therefore! the Court cannot accept the submissions of the Comelec and the other respondents that the party"list system is! )ithout any 8ualification! open to all% -uch position does not only )ea*en the electoral chances of the mar#inali,ed and underrepresented9 it also pre(udices them% +t )ould #ut the substance of the party"list system% +nstead of #eneratin# hope! it )ould create a mira#e% +nstead of enablin# the mar#inali,ed! it )ould further )ea*en them and a##ra$ate their mar#inali,ation%

+n effect! the Comelec )ould ha$e us belie$e that the party"list pro$isions of the Constitution and RA 2C74 are nothin# more than a play on dubious )ords! a moc*ery of noble intentions! and an empty offerin# on the altar of people empo)erment% -urely! this could not ha$e been the intention of the framers of the Constitution and the ma*ers of RA 2C74% W?EREFORE! this case is REMAN=E= to the Comelec! )hich is hereby =+REC'E= to immediately conduct summary e$identiary hearin#s on the 8ualifications of the party"list participants in the li#ht of the #uidelines enunciated in this =ecision% Considerin# the e&treme ur#ency of determinin# the )inners in the last party"list elections! the Comelec is directed to be#in its hearin#s for the parties and or#ani,ations that appear to ha$e #arnered such number of $otes as to 8ualify for seats in the ?ouse of Representati$es% 'he Comelec is further =+REC'E= to submit to this Court its compliance report )ithin 16 days from notice hereof%
1wphi1.nt

'he Resolution of this Court dated May C! 5664! directin# the Comelec :to refrain from proclaimin# any )inner: durin# the last party"list election! shall remain in force until after the Comelec itself )ill ha$e complied and reported its compliance )ith the fore#oin# disposition% 'his =ecision is immediately e&ecutory upon the Commission on Elections. receipt thereof% No pronouncement as to costs% -O OR=ERE=% Bellosillo, Melo, Puno, Kapunan, Pardo, Buena, and Gon a!a"#e$es, %%., concur% &a'ide, %r., (.%., in the result% )itu! and Mendo a, %%., see dissentin# opinion% *uisu+,in!, &e -eon, %r., and Sando'al"Gutierre , %%., (oin the dissent of %. )icente M. Mendo a. .nares"Santia!o, %., abroad on official business%

"oo1no1e4 -i#ned by Chairman Alfredo @% Benipayo and Commissioners @u,$iminda D% 'ancan#co! Rufino -% B% Ia$ier! Ralph C% @antion! Mehol L% -adain! Resurreccion O% Borra and Florentino A% 'uason Ir%
4 5

Omnibus Resolution No% 1230! p% 419 #ollo (DR No% 47203C ! p% 76% I,id%! pp% 54"559 #ollo! pp% 73"7C% #ollo (DR No% 47203C ! pp% 525"521% #ollo (DR No% 47203C ! pp% 506"5/1% #ollo (DR No% 47203C ! pp% 535"531% -ee #ollo (DR No% 472/41 ! p% 551% '-N (DR No% 47203C and 472/41 ! May 42! 5664! p% 7C%

#ollo (DR No% 47203C ! pp% 7"21% #ollo (DR No% 47203C ! p% 27%

46

Comments )ere filed by MA=! Ba#on# Bayani! 'he 'rue Marcos @oyalists! the Comelec! Partido n# Masan# Pilipino! the @iberal Party! the Office of the -olicitor Deneral! CREBA! @a*as"NFC="FM=P! the Philippine @ocal Autonomy Mo$ement! A*syon =emo*rati*o! Citi,ens. =ru# Watch Foundation! An# Buhay ?ayaan# Bumabon#! An# @a*as n# OCW! and -ports and ?ealth Foundation%
44 45

#ollo (DR No% 472/41 ! pp% 1"70% #ollo (DR No% 472/41 ! p% 7/%

41

'hese )ere filed by the Office of the -olicitor Deneral! the Comelec! the Ba#on# Bayani Or#ani,ation! Mamamayan Aya) sa =ro#a! and the Philippine @ocal Autonomy Mo$ement%
47

Memoranda )ere filed by Petitioners Bayan Muna and An# Ba#on# Bayani"OFW @abor Party9 and Respondents Mamamayan Aya) sa =ro#a! CREBA! the Ba#on# Bayani Or#ani,ation! the Office of the -olicitor Deneral! and A*syon =emo*rati*o% Manifestations instead of memoranda )ere filed by @a*as"NFC= and OCW%
40 4/

-ee the May 42! 5664 Resolution! p% 59 #ollo (DR No% 472/41 ! p% 33%

-ee! e%#%! the Ba#on# Bayani Or#ani,ation.s Memorandum! pp% 1"79 A*syon =emo*rati*o.s Memorandum! pp% 5"19 and MA=.s Memorandum! pp% 1"/%
42

Rules and re#ulations #o$ernin# the filin# of a petition for re#istration! a manifestation to participate! and the names of nominees under the party"list system of representation in connection )ith the May 47! 5664 national and local elections%
43 4C

O-D.s Memorandum! pp% /"479 #ollo (DR No% 472/41 ! pp% 404"40C%

-ection 4! Article G+++ of the Constitution! pro$ides> :Iudicial po)er includes the duty of the courts of (ustice to settle actual contro$ersies in$ol$in# ri#hts )hich are le#ally demandable and enforceable! and to determine )hether or not there has been a #ra$e abuse of discretion amountin# to lac* or e&cess of (urisdiction on the part of any branch or instrumentality of the Do$ernment%:
56 54

:-EC'+ON 4% What pleadin#s are not allo)ed% 'he follo)in# pleadin#s are not allo)ed> &&&

d motion for reconsideration of an en banc rulin#! resolution! order or decision e&cept in election offense cases9 &&&: =oc*eted as -PA 64"441% As earlier noted! A*bayan also filed before the Comelec a similar Petition! doc*eted as -PA"64"46C% -ee Anne&es 4 and 5! Comment of the Office of the -olicitor Deneral9 #ollo (DR No% 47203C ! pp% 506 et se8% and 5// et se8%
55

-ection 4! Rule /0% -ee Filoteo $% -andi#anbayan! 5/1 -CRA 555! October 4/! 4CC/9 BF Corporation $% CA! 533 -CRA 5/2! March 52! 4CC39 D-+- $% Olisa! 167 -CRA 754! March 46! 4CCC9 National -teel Corporation $% CA! DR No% 417712! Ianuary 14! 56669 -ahali $% Comelec! DR No% 4174/C! February 5! 5666
51

Republic $% -andi#anbayan! 5/C -CRA 14/! March 2! 4CC2! per Pan#aniban! I% -ee also AB-"CBN Broadcastin# Corporation $% Commission on Elections! DR No% 41173/! Ianuary 53! 56669 Central Ban* $% Cloribel! 77 -CRA 162! April 44! 4C25%
57

-alon#a $% Cru, PaKo! 417 -CRA 713! February 43! 4C30! per Dutierre,! Ir%! I% -ee also 'aKada $% An#ara! 525 -CRA 43! May 5! 4CC29 Duin#ona $% Don,ales! 54C -CRA 15/! March 4! 4CC1%
50 5/

AB-"CBN $% Comelec! DR No% 41173/! Ianuary 53! 5666! per Pan#aniban! I% Petition of An# Ba#on# Bayani"OFW @abor Party! p% 409 #ollo (DR No% 47203C ! p% 43% Petition of Bayan Muna! p% 439 #ollo (DR No% 472/41 ! p% 56% O-D Comment! p% 439 #ollo (DR No% 47203C ! p% 577% Emphasis supplied% -ee also PP42 and 43! Article G+ of the Constitution%

52

53

5C

16

+t may be noted that )hen the Constitution )as bein# drafted in the early days of the post" Marcos era! FN+=O )as the dominant political party%
14 15

Record of the Constitutional Commission! Gol% ++! p% 3/% Record of the Constitutional Commission! Gol% ++! p% 026% Record of the Constitutional Commission! Gol% ++! p% 3/% Record of the Constitutional Commission! Gol% ++! p% 0/4% In/ra%

11

17

10

1/

A,arcon $% -andi#anbayan! 5/3 -CRA 272! February 5/! 4CC29 Ramire, $% CA! 573 -CRA 0C6! -eptember 53! 4CC0%
12 13

35 C%I%-% -tatutes P 114% O-D Comment! p% 439 #ollo (DR No% 47203C ! p% 577% In/ra% '-N! May 42! 5664! pp% 472"473% Counsel of A*syon =emo*rati*o% '-N! May 42! 5664! pp% 423"436%

1C

76

74

75

71

Supra% -ee also P/! Article +H (C of the Constitution! )hich reads> :A free and open party system shall be allo)ed to e$ol$e accordin# to the free choice of the people! sub(ect to the pro$isions of this Article%:
77

-ection 5 of RA 2C74 states in part as follo)s> :& & &% 'o)ards this end! the -tate shall de$elop and #uarantee a full! free and open party system in order to attain the broadest possible representation of party! sectoral or #roup interests in the ?ouse of Representati$es by enhancin# their chances to compete for and )in seats in the le#islature! and shall pro$ide the simplest scheme possible%:
70

IM 'uason Q Co%! +nc% $% @and 'enure Administration! 14 -CRA 741! February 43! 4C269 cited in Ruben C% A#palo! -tatutory Construction! 4CC6 ed%! p% 144% -ee also Dold Cree* Minin# Corp% $% Rodri#ue,! // Phil 50C! 5/7 (4C13 %
7/ 72

-ee A#palo! I,id%! p% 141%

4C7 -CRA 142! February 55! 4CC4! per Fernan! CI9 8uotin# Common)ealth $% Ralph! 444 Pa 1/0! 1 Atl 556%
73

'aKada $% An#ara! 525 -CRA 43! May 5! 4CC2% -ee also -antia#o $% Duin#ona! 5C3 -CRA 20/! No$ember 43! 4CC39 Miranda $% A#uirre! 147 -CRA /61! -eptember 4/! 4CCC9 Darcia $% ?RE'! 145 -CRA 101! Au#ust 45! 4CCC%
7C 06

Geterans Federation Party et al% $% Comelec et al%! DR No% 41/234! October /! 5666%

-ee Galmonte $% Court of Appeals! 161 -CRA 523! February 43! 4CCC9 +ncion# Ir% $% CA! 502 -CRA 023! Iune 5/! 4CC/9 Palomado $% N@RC! 502 -CRA /36! Iune 53! 4CC/9 ?eirs of the @ate 'eodoro Duarin# Ir% $% CA! 5/C -CRA 531! March 2! 4CC29 -esbreKo $% Central Board of Assessment Appeals! 526 -CRA 1/6! March 57! 4CC29 PCDD $% Co(uan#co Ir%! 165 -CRA 542! Ianuary 52! 4CCC%
04 05

'-N! May 42! 5664! p% 436% Petition of An# Ba#on# Bayani"OFW @abor Party! p% 4/9 #ollo (DR No% 47203C ! p% 4C% Record of the Constitutional Commission! Gol% +! p% /1/% Record of the Constitutional Commission! Gol% ++! p% 03C% P5 (0 ! Article +H (C % Christian -% Monsod% Record of the Constitutional Commission! Gol% +! p% /17 -ee also P44! Comelec Resolution No% 1162"A% -ee P5 (7 ! Article +H (B of the Constitution% -ee also Article 5/4 (o ! BP 334%

01

07

00

0/

02

03

0C

/6

'he bicameral conference committee on the disa#reein# pro$ision of -enate Bill No% 4C41 and ?ouse Bill No% 1676! Ianuary 14! 4CC7! p% 7%
/4