TITLE: ABANG LINGKOD PARTY LIST V.

COMELEC
G.R. NO. 206952 DATE: October 22, 2013
PONENTE: REYES, J. TOPIC: Party-list Representation (Par. 2)
FACTS OF THE CASE:
ABANG LINGKOD is a sectoral organization that represents the interests of peasant farmers and
fisherfolks, and was registered under the party-list system on December 22, 2009. It participated in the May 2010
elections, but failed to obtain the number of votes needed for a seat in the House of Representatives.

After manifesting intent to participate in the 2013 elections, COMELEC manifested that Party List groups
submit Manifestations of Intent to screen them for the elections in compliance with RA 7941 and the guidelines
set forth in Ang Bagong Bayani-OFW Labor Party v. COMELEC. Petitioner, along with fifty other party lists, was
denied registration to the elections.

The COMELEC opined that Petitioner failed to establish track record of uplifting marginalized and
underrepresented sectors and those nominees of the said party are neither marginalized and underrepresented
or involved in plights meant to uplift said sectors. COMELEC also insinuates insult when it found that certain
images submitted by Petitioner for their track record were doctored with logos meant to misrepresent the events
as Abang Lingkod events.
PROCEDURAL HISTORY:
This is a petition for certiorari filed by Abang Lingkod Party-List (ABANG LINGKOD) assailing the
Resolution 1 dated May 10, 2013 issued by the COMELEC in SPP No. 12-238 (PLM), which, inter alia, affirmed
the cancellation of ABANG LINGKOD's registration as a party-list group
STATEMENT OF ISSUE/S:
Whether or Not the COMELEC gravely abused its discretion in cancelling ABANG LINGKOD's
registration under the party-list system.
HOLDING
YES. The Court ruled that the COMELEC gravely abused its discretion in cancelling ABANG LINGKOD’s
registration under the party-list system.

COMELEC’s arguments hinged on the fact that Petitioner misrepresented certain images to appear to
justify for their cause AND that Abang Lingkod failed to show their track record of helping the marginalized and
underrepresented in the past.

The Court ruled that the guidelines and requirements for party-list registration, set in Sec 5 of RA 7941,
Ang Bagong Bayani, and Atong Paglaum did not require track record proof, but rather only documents in terms of
their constitution, by-laws, platform, coalition agreement, and other relevant information.

Track records are not required with national and regional organizations and there is no logic in treating
sectoral organizations differently. Also, while the Court does not condone misrepresentation of proof vis-à-vis
photoshopping, since a track record is not required, then the misrepresentation is no longer grounds for
cancellation of registration.

Furthermore, only the nominees of the party-lists are required to show proof of track record of advocacy
towards the sector, if such nominees do not belong to the marginalized or underrepresented community
themselves. But in the instance that nominees are unable to prove track record, this would still not be ground for
cancellation of registration.
notes, if any:
Sectoral parties or organizations may either be "marginalized and underrepresented" or lacking in "well-
defined political constituencies." It is enough that their principal advocacy pertains to the special interests and
concerns of their sector