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Published on Feb View Download 0. This resolution approved the participation of organizations and parties, including those impleaded, in the party list elections.
Petitioners seek the disqualification of private respondents, arguing mainly that the party list system was intended to benefit the marginalized and underrepresented; not the mainstream political parties, the none-marginalized or overrepresented.
Whether or not political parties may participate in the party-list electionsb.
Whether or not the party-list system is exclusive to marginalized and underrepresented sectors and organizations. The Petitions are partly meritorious.
Bagong Bayani vs, Comelec Legislative Department
These cases should be remanded to the COMELEC which will determine, after summary evidentiary hearings, whether the parties and organizations enumerated in the assailed Omnibus Resolution satisfy the requirements of the Constitution and RA Political parties, even the major ones, may participate in the party-list elections.
Under the Constitution and RAprivate respondents cannot be disqualified from the party-list elections, merely on the ground that they are political parties. Section 5, Article VI of the Constitution provides that members of the House of Representatives may “be elected through a party-list system of registered national, regional, and sectoral parties or organizations. For its part, Section 2 of RA also provides for “a party-list system of registered national, regional and sectoral parties or organizations or coalitions thereof, x x x.
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That political parties may participate in the party-list elections does not mean, however, that any political party — or any organization or group for that matter — may do so. The requisite character of these parties or organizations must be consistent with the purpose of the party-list system, as laid down in the Constitution and RA Section 5, Bagonb VI of the Constitution.
The provision on the party-list system is not self-executory. It is, in fact, interspersed with phrases like “in accordance with law” or “as may be provided by law”; it was thus up to Congress to sculpt in granite the lofty objective of the Constitution. Hence, RA was enacted.
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Considering the extreme urgency of determining the winners in the last party-list elections, the Comelec is directed to begin its hearings sxlazar the parties and organizations that appear to have garnered such number of votes as to qualify for seats in the House of Representatives. The Resolution of this Court dated May 9,directing the Comelec to refrain from proclaiming any winner during the last party-list election, dalazar remain in force until after the Comelec itself will have complied and reported its compliance with the foregoing disposition.
This Decision is immediately executory upon the Commission on Elections receipt thereof. No pronouncement as to costs.
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