Atong Paglaum v.

COMELEC 

 What are the three groups that can participate in the PL elections?

Three different groups may participate in the party-list system. The national parties, regional parties
and sectoral parties.

Party-list Elections 

1. What is a political party? Distinguish a national party from a regional party? 

- political party refers to an organized group of citizens advocating an ideology or
platform, principles and policies for the general conduct of government and which,
as the most immediate means of securing their adoption, regularly nominates and
supports certain of its leaders and members as candidates for public office.
- It is a national party when its constituency is spread over the geographical territory
of at least a majority of the regions. It is a regional party when its constituency is
spread over the geographical territory of at least a majority of the cities and
provinces comprising the region.

2. Can all political parties participate in the PL Elections? 

- 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.

3. Should political parties organize along sectoral lines or represent the marginalized and
underrepresented in order to participate in the PL Elections?
- Sectoral parties may either be “marginalized and underrepresented” or lacking in
“well-defined political constituencies.” A majority of the members of sectoral parties
that represent the marginalized and underrepresented must belong to such sector
which they represent.

4. What are “major political parties” and how can they participate in the PL Elections? 
For purposes of the May 1998 elections, the first five (5) major political parties on
the basis of party representation in the House of Representatives at the start of the
Tenth Congress of the Philippines shall not be entitled to participate in the party-list
system. In determining the allocation of seats for the second vote, the following
procedure shall be observed: (a) The parties, organizations, and coalitions shall be
ranked from the highest to the lowest based on the number of votes they garnered
during the elections. (b) The parties, organizations, and coalitions receiving at least
two percent (2%) of the total votes cast for the party-list system shall be entitled to
one seat each: Provided, That those garnering more than two percent (2%) of the
votes shall be entitled to additional seats in proportion to their total number of
votes : Provided, finally, That each party,organization, or coalition shall be entitled to
not more than three (3) seats. (SEC. 11, RA 7941Section 11. Number of Party-List
Representatives.)
5. What is a sectoral party and how is it different from a political party? 
- sectoral party refers to an organized group of citizens belonging to any of the sectors
enumerated in Section 5 hereof whose principal advocacy pertains to the special
interests and concerns of their sector, while political party refers to an organized
group of citizens advocating an ideology or platform, principles and policies for the
general conduct of government and which, as the most immediate means of
securing their adoption, regularly nominates and supports certain of its leaders and
members as candidates for public office.

6. What must be the composition of membership of sectoral parties? 

- A majority of the members of sectoral parties or organizations that represent the
“marginalized and underrepresented” must belong to the “marginalized and
underrepresented” sector they represent. Similarly, a majority of the members of
sectoral parties or organizations that lack “well-defined political constituencies”
must belong to the sector they represent. The nominees of sectoral parties or
organizations that represent the “marginalized and underrepresented,” or that
represent those who lack “well-defined political constituencies,” either must belong
to their respective sectors, or must have a track record of advocacy for their
respective sectors. The nominees of national and regional parties or organizations
must be bona-fide members of such parties or organizations.

7. What organizations are not allowed to participate in the PL Elections? 

-  Component parties or organizations of a coalition may participate

independently provided the coalition of which they form part does not
participate in the party-list system.