ARTICLE Viil

POLITICAL PARTIES

Sec. 60, Political party

“Political party” or “party,” when used In this Act,
means an organized group of persons pursuing the same
ideology, political ideas or platforms of government and
includes Its branches and divisions, To acquire juridical
personality, qualify it for subsequent accreditation,
and to entitle it to the rights and privileges herein
granted to political parties, a political party shall first
be duly registered with the Commission. Any registered
political party that, singly or In coalition with others,
fails to obtain at least ten percent of the votes cast In
the constituency In which it nominated and supported a
candidate or candidates in the election next following its
registration shall, after notice and hearing, be deemed
to have forfeited such status, as a registered political
party In such constituency.

Sec. 60.1. — Definitions

_»A political party is “an organized group of persons pursuing the
same political ideals in a government.” In order that a group of persons
be organized, all of them must be joined in a corporate body, articulate,
with the attributes of a social personality. In addition, it must have a
constitution, by-laws, rules, or some kind of charter. Furthermore, some
kind of agreement, written or unwritten, must exist on how the group
is to function, how it will be presided over, and how it is to express its
collective will. Although the platform of the Goodwill Party embodied
many ideals of a political character, nowhere appeared the existence of
“an organized group of persons” pursuing said ideals. Petitioner's claim
of a membership of 453,989 individuals is not enough. Lagasca v. De
Vera, 79 Phil. 376 (1947).

143
 144 ELECTIO IN LAWS

Siete ert, ARTICLE Vill

Sec. 60.2 .e
— Siz POLITICAL PARTIES 145
ng, bu if it has th ‘
l may have but a small ollowi ’ Funds Therefor. Was a
iti
Code, it may properly text of statute,
legal purer a party” under the Election Pproved on March 3,195. See Appendix for
elec, 70 Phil. 793
lain benefits under the law. Sumulong v. Com The four unique a
(1940). are: First, the wien eee acai fa sie Party-list system
is not enough to all party-list congressmen shall not excee
A claim of a membership of 453,989 individuals “an organizeq
:
membership of the House of Representa
d twent
ch emnt ofee
y perce the total
shoul d be
constitute a party, but it is necessary that there under the party-list. Second, the
tives, including those el
).
group.” Lagasca vs. de Vera, 79 Phil. 376 (1947 two percent threshold — only ea
Parties garnering a minimum of two
percent of the total valid vies
Sec. 60.3. — Purpose cast for the party-list system are “qualified” to have
a seat in the Hous
e
of Representatives., Third, the three-seat limit — each quali
The purpose of the law ‘recognizing the legal personality of regardless of the number of votes it actually obtai
fied party
political aggroupments for election purposes Is to foster and encourage ned, is entitled to a
maximum of three seats; that is, one ‘qualifying’ and two
the formation of political parties inspired by high political ideas in additional
seats. Fourth, proportional representation — the additional seats
government. Sumulong v. Comelec, 70 Phil. 703 (1940). which
a qualified party is entitled to shall be computed ‘in proportion to their
total number of votes. Ang Bagong Bayani-OFW Labor Party v.
Sec. 60.4. — Advantages of political party and joining one, Comelec, G.R. No. 147589, June 25, 2003, 359 SCRA 698.
Those who join or become members of associations, such as
The last sentence of Section 7 of R.A. No.7941 reading: “[T] he
political parties or any other lawful groups or organizations, necessarily
names of the party-list nominees shall not be shown on the certified list”
enjoy certain benefits and ‘privileges which are incident to, ‘or are
is. certainly not a justifying card for the Comelec to deny the requested
consequences of, such membership. “The official candidates of an disclosure. To us, the prohibition imposed on the Comelec under said
organized political party may be distinguished from an independent Section 7 is limited in scope and duration, meaning, that itextends only
candidate. The former are bound by the party’s rules. They owe loyalty to the certified list that the same provision requires to be posted in the
to the party, its tenets, its policies, its platforms and programs of polling places on election day. To stretch the coverage of the prohibition
government. To the electorate, they represent the party, its principles, to the absolute is to read into the law something that is not intended.
ideals and objectives. This is not true of an independent candidate. As it were, there is absolutely nothing in R.A. No. 7941 that prohibits
If the electoral law has bias in favor of political parties, it is because the Comelec from disclosing or even publishing through mediums
political parties constitute a basic element of the democratic institutional other than the “Certified List” the names of the party-list nominees.
apparatus. Government derives its strength from the support, active The Comelec obviously misread the limited non-disclosure aspect of
or passive, of a coalition of elements of society. In modern times the provision as an absolute bar to public disclosure before the May
the political party has become the instrument for the organization of virtually
2007 elections. The interpretation thus given by the Comelec
societies. This is predicated on the doctrine that government exists with on the last sentence of Section Tof
tacks an unconstitutional dimension
the consent of the governed. Political parties perform an “essential
R.A. No. 7941.
function in the management of succession to power, as well as in the
election s —
process of obtaining popular consent to the course of public policy. The Comelec’s reasoning that a party-list- d
” cannot be acne pen
Peralta v. Comelec, 82 SCRA 30 (1978). election of personalities is valid to a point. It a = .
e which oe
to justify its assailed non-disclosure stanc
ging, pie
Sec. 60.5 — Party-list system with a weighty presumption of invalidity, impin ae eae
Ayer Se ad
R.A. No. a fundamental right: to information. 160 z
7941, An Act Providing for the Electi 29, 1988,
,
Representatives through the g for the -Li
Election of Party-List Capulong, G.R. No. L-82380, April
Party-List System, and Appropriating
 mene
ELECTION LAWS
146 ARTICLE VIN “a
POLITICAL PARTIES
j : ‘ : a vote for a party, suc h vote, y in th e
the vote castina party-list election , who, in appropriate cases, would alleged political party, but petitioner chose not to offer any evidence at
ould be é a vote for its nominees, : all, the controversy could only be decided with the evidence in view,
end, w f Representatives.
sit in the House O°
eventually S# “ since a person who alleges a fact has the burden of proving it. A court
é much aware of newspaper reports detailing
disinclination to release cannot decide a question of fact by merely relying on an allegation of
progr real LS the Comelec’s
lst nominees. st isto be stressed, however, thatthe
the petitioner which is denied by the respondent. Lagasca vs. De Vera,
the Pa 79 Phil. 376 (1947).

andgaia wide decisional laws. And lest it be overlooked,

applicable statutory and oe Sec. 61. Registration
the Court always assumes, at the firstinstance, the presumptive validity
and offices. Any organized group of persons seeking regis-
and regularity of official acts of governmentofficials
tration as a national or regional political party may file
contexts that thex people
has been repeatedly saidid infi various
ious COr
with the Commission a verified petition attaching thereto
nave te right w elect their representatives on the basis of an informed its constitution and by-laws, platforms or program of
that
j Hence the need for voters to be informed about matters government and such other relevant infor-mation as
be achieved in a system may be required by the Commission. The Commission
have a bearing on their choice. The ideal cannot
of the shall after due notice and hearing, resolve the petition
of blind voting, as veritably advocated in the assailed resolution within ten days from the date it is submitted for decision.
Comelec. The Court, since the 1914 case of Gardiner v. Romulo, G.R.
No. L-8921, January 9, 1914, 26 Phil. 521 has consistently made it clear No religious sect shall be registered as a political
that it frowns upon any interpretation of the law or rules that would party and no political party which seeks to achieve its
hinder in any way the free and intelligent casting of the votes in an goal through violence shall be entitled to accreditation.
election Rodriquez v. Comelec, G. R. No. L-61545, December 27, 1982,
119 SCRA 465. So it must be here for’ still other reasons articulated Sec. 61.1. — Constitutional provisions
earlier, Bantay Republic Act or BARA 7941 v. Comelec, G.R. No. The Comelec is authorized by the Constitution to:
177271; Rosales v. Comelec, G.R. No. 177314, May 4, 2007.
“Register, after sufficient publication, political parties,
Sec. 60.6. — Practice tip organizations, or coalitions which, inaddition to otherrequirements,
Counsel who wishes to prove the existence of a political party must present their platform or program of government, and
must establish the existence of an organized accredit citizens’ arms of the Commission on Elections. Religious
group of persons that
compose the party, by showing that all of them are joined denominations and sects shall not be registered. Those which
in a corporate seek to achieve their goals through violence or unlawful means, ”
body,articulate, with the attributes of a social
personality, with a
constitution, by-laws, rules, or some kind or refuse to uphold and adhere to this Constitution, or which are
of charter, or some kind of
ane written or unwritten on how supported by any foreign government shall likewise be refused
the group is to function, how
presided over, and how it is to express registration.
its collective will. Where
“Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or candidates
related to elections constitute interference in national affairs, and,
when accepted, shall be additional ground for cancellation of thei
registration with the Commission, in addition to other penalties
that may be prescribed by law.” Const, Art. IX-C, § 2, par. (3).
 ELECTION LAWS ARTICLE VIII 149
148 ' POLITICAL PARTIES

ration Code, but for the purpose of bringing an action

edure for regist in the courts, it has
Sec. 61.2 — Proc Proceduri e, Rule 32,
specifics the proce- to be incorporated under the corporation law, becau
se “only natural or
nizations. juridical persons may be parties in a civil action,” under the Rules
The Comets aerate ion © parties or orga Court, Rule 3, § 1. However, this technical defect may be cured by
of
dure for the registrat
allowing the substitution of the real parties in interest for the petitioner.
of registration
See, 61,3.
— Necessity n. (Nacionalista Party v. Bautista, 85 Phil. 101 (1949).
is for registration and accreditatio
he listing of political parties d
means by wh ich the
government is enable to Sec. 61.6. — Recognition of political parties
Registration
aeis | eid: the activities of various elements participating
amie tion, Accreditation is the means by which the registration The COMELEC misapplied equity in the present case. For all its
by conferring benefits to registered conceded merits, equity is available only in the absence of law and not
i iet is made ¢' ffective as its replacement. (Zankiko v. Cezar, G.R. No. 131277, 362 Phil. 184
c, 82 SCRA 30 (1 978).
rehxal pi Peralta v. Comele [1999], 302 SCRA 559). Equity is described as justice without legality,
tion which simply means that it cannot supplant, although it may, as often
Sec. 61.4 — Requirements for registra happens, supplement the law, The COMELEC should have decided
nt
The COMELEC may require the submission. of any releva the case on the basis of the party constitution and election laws. It
coalition
information in the registration of a party, organization, or chose not to because of its irrational fear of treading, as respondent
g, the
under R.A. No. 7941; and it may refuse, after due notice and hearin Aquino put it, on “unchartered” territories. But, as shown above, these
registration of any national, regional or sectoral party, organization or territories have long been charted by jurisprudence and, in any case,
coalition based on any of the grounds enumerated in Section 6 thereof, the COMELEC need not have sailed far from the shore to arrive at the
among which is that the organization has declared untruthful statements correct conclusion. In truth, the COMELEC Resolution is indecision in
in its petition. Thus, the COMELEC, after evaluating the documents the guise of equity.
submitted by petitioner, denied the latter’s plea for registration as a
sectoral party, not on the basis of its failure to prove its nationwide Worse, the COMELEC divided the LDP into “wings,” each of
presence, but for its failure to show that it represents and seeks to uplift which may nominate candidates for every elective position. Both
marginalized and underrepresented sectors. Further, the COMELEC wings are also entitled to. representatives in the election committees
found that petitioner made an untruthful statement in the pleadings and that the Commission may create. In the event that the LDP is accorded
documents it submitted. Cadangen & Alliance of Civil Servants, Inc. dominant minority party election status, election retums of odd-
v. Comelec, G.R. No, 177179, June 5, 2009. numbered precincts shall be furnished the Angara wing and those of
even-numbered precincts, the Aquino wing.
A group, in order to be considered a political party, must be f
“an organized group.” All the members must be joined in a corporate By creating the two wings, the COMELEC effectively diffused
body, articulate, with the attributes of a social personality. It must have the LDP’s strength and undeniably emasculated its chance of obtaining
a constitution, by-laws, rules, or some kind of charter,
Some kind of
the Commission’s nod as the dominant minority party.
agreement, written or unwritten, must exist on how
the group is to By allowing each wing to nominate different candidates, the
function, how it will be presided, and how it
is to express its collective COMELEC planted the seeds of confusion among the electorate, who
will. Lagasca v. De Vera, 79 Phil. 376
(1947). i are apt to be confounded by two candidates from a single political party.
Sec. 61.5. — Necessity of incorporation In Recabo, Jr. v. Commission on Elections, (G.R. No. 134293, June 21,
1999, 308 SCRA 793) the Supreme Court declared that the electoral
a Sone: may be organized
and registered as a politica process envisions one candidate from a political party for each position,
Ommussion ‘on Elections for l ‘party
thé purpose of the Electi and disunity and discord amongst members of a political party should
on
 ELECTION LAWS
ARTICLE VII
150
POLITICAL PARTIES 151
admonition against
Jowed to create & MP ockery th lies to
ereof, The
government and track record — that
political parties but it represents and seeks to uplift
note electoral process notLEC.onl APP marginalized and underrepresented secto
membership
rs, Verily, majority of its
should belong to the marginalized
and underrepresented,
BN asi representatives in the election And it must demonstrate that in a conflict of inter
pe ests, it has chosen or
ing aia Goel the significance of political is likely to choose the interest of such sectors.
ee Co ibe the opposition. The COMELEC has Second, while even major political parties are expressly
to
i : litical situation of the Philippines where, allowed
by R.A. No. 7941 and the Constitution to Participate in the party-l
c, 76 ist
pens eel concurring opinion in Sotto v. Comele system, they must comply with the declared statutory policy of
enabling
i ra ig) ta aminstation party bas alvays been unnecessarily “Filipino citizens belonging to marginalized and underrepresente
d
oppasition
rnd dangerously to big andadministhetration party too small to e’an
. The purpose’ of according
sectors x x x to be elected to the House of Representatives,” In other
i words, while they are not disqualified merely on the ground that they
Suen a and eaesetatil to a minority party is precisely to are political parties, they must show, however, that they represent the
performed
a as an effective check on the majority. The COMELEC interests of the marginalized and underrepresented.
as
a disservice to the opposition and, ultimately, to the voting public, Third, in view of the objections directed against the registration of
its Resolution facilitated, rather than forestalled, the division of the Ang Buhay Hayaang Yumabong, which is allegedlay religious group,
G.R.
minority party. Laban Ng Demokratikong Pilipino % Comelec, the Court notes the express constitutional provision that the religious
No. 161265, February 24, 2004, sector may not be represented in the party-list system. Furthermore,
the Constitution provides that “religious denominations and sects shall
Sec. 62. Publication of petition forregistration or accreditation not be registered.” The prohibition was explained by a member of the
The Commission shall require publication of the» «| Constitutional Commission in this wise: “(T]he prohibition is on any
petition for registration or accreditation in at least three religious organization registering as a political party. | do not see any
newspapers of general circulation and shall, after due prohibition here against a priest running as a candidate. That is not
notice and hearing, resolve the petition within fifteen prohibited here; it is the registration of a religious sect as a political
days from the date It is submitt ed
for decision. «© 7) party.”
See.
1
62.1. — Le, Party-list
Saaay j
system Trulia) blade e
eh
Gaysd
Fourth, a party or an organization must not be disqualified
under Section 6 of R.A. No. 7941, which enumerates the grounds for
R.A. No. 7941, An Act Providing for the Election of Party-List
disqualification as follows:
Representatives through the Party-List System, and Appropriating P
Funds
si Therefor, was approved on March 3, 1995. : “(1): It is a religious sect or denomination, organization or
association organized for religious purposes;
Sec. 62.2. — Guidelines for screening party-list participants
(2) It advocates violence or unlawful means to seek its
_ The Supreme Court laid down the following guide goal;
lines, culled
from the law and the Constitution, to assist the Comelec in
its work. (3) It is a foreign party or organization;
First; tbe political party, sector, organizati
on or coalition. must (4) It is receiving support from any foreign government,
Tepr thees en
margi ted and underrepresented: groups
naliz
Section 5 of R.A. No, 7941..In other ) identified ‘in foreign political party, foundation, organization, whether directly
HS,con words, it-must show —— through or through any of its officers or members or indirectly, through
stitution, articles of incorporation,
by-laws, history, platform of third parties, for partisan election purposes;
 ELECTION LAWS
152
ARTICLE VIII 153
comply’ with laws, rules gy POLITICAL PARTIES
It violates or fails to
6) € Jections;"’ of the election, and is at least twenty-f
regulations relating to. ive (25) years of age on the
hful st atements in its pet
ition;) day of the election.
(6) It declares untrut
r; or In case of a nominee of the youth sector,
for at least one (1) yea he must at least be
(7) Ithas ceased to exist twenty-five (25) but not more than thirty (30) years
of age on the
| It fails to: participate inthe e last
4 two (2) Ipreceding
tg the
day of the election. Any youth sectoral representa
tive who attains
ur fails to ee at least two per fen the age of thirty (30) during his term shall be allowed to continue
ye
i e ing
votes cast under the party-list system inythe ee d. ,
in office until the expiration of his term.”
registere
elections for the constituency in which it has Seventh, not only the candidate party or organization must represent
n a party
Note should be taken of paragraph 5, which Gee marginalized and underrepresented sectors; so also must its nominees.
oo aati and
or group for violation of or failure to comply with To repeat, under Section 2 of R.A. No. 7941, the nominees must be
regulations. These laws include Section 2 of R.A. No.7 ,,whic States Filipino citizens “who belong to marginalized and underrepresented
that the party-list system seeks to “enable Filipino citizens belonging to sectors, organizations and parties.” Surely, the interests of the youth
marginalized and underrepresented sectors, organizations and parties x cannot be fully represented by a retiree; neither can those of the urban
x x to become members ‘of the House:of Representatives.” A party or poor or the working class, by an industrialist. To allow otherwise is to
an organization, therefore, that does not comply with this policy must betray the State policy to give genuine representation to the marginalized
be disqualified. | i and underrepresented.
_ Fifth, the party or organization must not be an adjunct of, or a Eighth, as previously discussed, while lacking a well-defined
project organized or an entity funded or assisted by, the government. political constituency, the nominee must likewise be able to contribute
By the very nature of the party-list system, the party or organization to the formulation and enactment of appropriate legislation that will
must be a group of citizens, organized by citizens and operated by benefit the nation as a whole. Senator Jose Lina explained during the
citizens. It must be independent of the government, The participation bicameral committee proceedings that “the nominee of a party, national
of the government or its officials in the affairs of a party-list candidate or regional, is not going to represent a particular district x x x.” Ang
is not only illegal and unfair to other parties, but also deletetious Bagong Bayani-OFW Labor Party v. Comelec, G.R. No. 147589, June
to the
objective of the law: to enable citizens belonging to marginalized 26, 2001; Bayan Muna v, Comelec, G.R. No. 147613, June 26, 2001.
and
underrepresented sectors and organizations to be
elected to:the House
of Representatives, f
ee
ne

Sixth, the party must:not only comply

with the requirements of
the law; its nominees. must likewise
do so. Section 9 of R.A..No, 794]
reads as follows:
aceee

“SEC. 9. Qualifications of
Party-List Nominees. —
Person shall be nominated No
as p Ir “list, representative
unless he
PRS