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Republic of the Philippines for the issuance of a writ of preliminary injunction held on May 27.

1970 where both


SUPREME COURT parties were duly represented, but no evidence was presented. The next day, on May
ManilaEN BANC 28, 1970, respondent Judge ordered the issuance of a preliminary injunction directed
against the enforcement of such administrative order. There was the day after, a motion
DECISION for its reconsideration filed by the Solicitor General representing petitioner. In the
meanwhile, the clerk of court of respondent Judge issued, on June 1, 1970 the writ of
preliminary injunction upon the filing of the required bond. The answer before the lower
October 24, 1970 court was filed by petitioner Edu on June 4, 1970. Thereafter, on June 9, 1970,
respondent Judge denied the motion for reconsideration of the order of injunction.
G.R. No. L-32096 Hence this petition for certiorari and prohibition filed with this court on June 18, 1970.
ROMEO F. EDU, in his capacity as Land Transportation Commissioner, petitioner,
vs. In a resolution of June 22, 1970, this Court required respondents to file an answer to the
HON. VICENTE G. ERICTA in his capacity as Judge of the Court of First Instance petition for certiorari and prohibition. Respondent Judge, the Honorable Vicente G.
of Rizal, Br. XVIII, Quezon City, and TEDDY C. GALO respondents. Ericta, did file his answer on June 30, 1970 explaining why he restrained the
enforcement of Administrative Order No. 2 and, as noted at the outset, joining the
Office of the Solicitor General Felix Q. Antonio, Acting Assistant Solicitor General Solicitor General in seeking that the legal questions raised namely the constitutionality
Hector C. Fule and Solicitor Vicente A. Torres for petitioner. Teddy C. Galo in his own of the Reflector Law and secondly the validity of Administrative Order No. 2 alleged to
behalf. be in excess of the authority conferred on petitioner and therefore violative of the
principle of non-delegation of legislative power be definitely decided. It was on until July
, J.: 6, 1970 that respondent Galo filed his answer seeking the dismissal of this petition
concentrating on what he considered to be the patent invalidity of Administrative Order
No. 2 as it went beyond the authority granted by the Reflector Law, even assuming that
Petitioner Romeo F. Edu, the Land Transportation Commissioner, would have us rule it is constitutional. In the meanwhile, on July 2, 1970, the petition was called for hearing
squarely on the constitutionality of the Reflector Law1 in this proceeding for certiorari with Solicitor Vicente Torres appearing for petitioner and respondent Galo for himself. It
and prohibition against respondent Judge, the Honorable Vicente G. Ericta of the Court was made clear during the course of such argumentation that the matter of the
of First Instance of Rizal, Quezon City Branch, to annul and set aside his order for the constitutionality of the Reflector Law was likewise under consideration by this Court.
issuance of a writ of preliminary injunction directed against Administrative Order No. 2 The case is thus ripe for decision.
of petitioner for the enforcement of the aforesaid statute, in a pending suit in his court
for certiorari and prohibition, filed by the other respondent Teddy C. Galo assailing; the
validity of such enactment as well as such administrative order. Respondent Judge, in We repeat that we find for petitioner and sustain the Constitutionality of the Reflector
his answer, would join such a plea asking that the constitutional and legal questions Law as well as the validity of Administrative Order No. 2.
raised be decided "once and for all." Respondent Teddy C. Galo who was quite
categorical in his assertion that both the challenged legislation and the administrative 1. The threshold question is whether on the basis of the petition, the answers, and the
order transgress the constitutional requirements of due process and non-delegation, is oral argument, it would be proper for this Court to resolve the issue of the
not averse either to such a definitive ruling. Considering the great public interest constitutionality of the Reflector Law. Our answer, as indicated, is in the affirmative. It is
involved and the reliance by respondent Galo and the allegation that the repugnancy to to be noted that the main thrust of the petition before us is to demonstrate in a rather
the fundamental law could be discerned on the face of the statute as enacted and the convincing fashion that the challenged legislation does not suffer from the alleged
executive order as promulgated, this Court, sees no obstacle to the determination in this constitutional infirmity imputed to it by the respondent Galo. Since the special civil action
proceeding of the constitutional questions raised. For reasons to be hereafter stated, we for certiorari and prohibition filed before him before respondent Judge would seek a
sustain the validity of the Reflector Law and Administrative Order No. 2 issued in the declaration of nullity of such enactment by the attribution of the violation the face thereof
implementation thereof, the imputation of constitutional infirmity being at best flimsy and of the due process guarantee in the deprivation of property rights, it would follow that
insubstantial. there is sufficient basis for us to determine which view should prevail. Moreover, any
further hearing by respondent Judge would likewise to limited to a discussion of the
As noted in the answer of respondent Judge, respondent Galo on his behalf and that of constitutional issues raised, no allegations of facts having made. This is one case then
other motorist filed on May 20, 1970 a suit for certiorari and prohibition with preliminary where the question of validity is ripe for determination. If we do so, further effort need
injunction assailing the validity of the challenged Act as an invalid exercise of the police not be wasted and time is saved moreover, the officials concerned as well as the public,
power, for being violative of the due process clause. This he followed on May 28, 1970 both vitally concerned with a final resolution of questions of validity, could know the
with a manifestation wherein he sought as an alternative remedy that, in the event that definitive answer and could act accordingly. There is a great public interest, as was
respondent Judge would hold said statute constitutional, Administrative Order No. 2 of mentioned, to be served by the final disposition of such crucial issue, petitioner praying
the Land Transportation Commissioner, now petitioner, implementing such legislation that respondent Galo be declared having no cause of action with respondent Judge
be nullified as an undue exercise of legislative power. There was a hearing on the plea being accordingly directed to dismiss his suit.
There is another reinforcement to this avenue of approach. We have done so before in response to conditions and circumstances thus assuring the greatest benefits. In the
a suit, Climaco v. Macadaeg, 2 involving the legality of a presidential directive. That was language of Justice Cardozo: "Needs that were narrow or parochial in the past may be
a petition for the review and reversal of a writ of preliminary injunction issued by the interwoven in the present with the well-being of the nation. What is critical or urgent
then Judge Macadaeg. We there announced that we "have decided to pass upon the changes with the
question of the validity of the presidential directive ourselves, believing that by doing so
we would be putting an end to a dispute, a delay in the disposition of which has caused time." 10 The police power is thus a dynamic agency, suitably vague and far from
considerable damage and injury to the Government and to the tobacco planters precisely defined, rooted in the conception that men in organizing the state and
themselves." imposing upon its government limitations to safeguard constitutional rights did not
intend thereby to enable an individual citizen or a group of citizens to obstruct
There is no principle of constitutional adjudication that bars this Court from similarly unreasonably the enactment of such salutary measures calculated to insure communal
passing upon the question of the validity of a legislative enactment in a proceeding peace, safety, good order, and welfare.
before it to test the propriety of the issuance of a preliminary injunction. The same felt
need for resolving once and for all the vexing question as to the constitutionality of a It would then be to overturn a host of decisions impressive for their number and
challenged enactment and thus serve public interest exists. What we have done in the unanimity were this Court to sustain respondent Galo. 11 That we are not disposed to
case of an order proceeding from one of the coordinate branches, the executive, we can do, especially so as the attack on the challenged statute ostensibly for disregarding the
very well do in the matter before us involving the alleged nullity of a legislative act. due process safeguard is angularly unpersuasive. It would be to close one's eyes to the
Accordingly, there is nothing to preclude the grant of the writs prayed for, the burden of hazards of traffic in the evening to condemn a statute of this character. Such an attitude
showing the constitutionality of the act having proved to be as will now be shown too betrays lack of concern for public safety. How can it plausibly alleged then that there
much for respondent Galo. was no observance of due process equated as it has always been with that is
reasonable? The statute assailed is not infected with arbitrariness. It is not the product
2. The Reflector Law reads in full: "(g) Lights and reflector when parked or disabled. - of whim or caprice. It is far from oppressive. It is a legitimate response to a felt public
Appropriate parking lights or flares visible one hundred meters away shall be displayed need. It can stand the test of the most unsymphatetic appraisal.
at a corner of the vehicle whenever such vehicle is parked on highways or in places that
are not well-lighted or is placed in such manner as to endanger passing traffic. Respondent Galo is of a different mind, having been unable to resist the teaching of
Furthermore, every motor vehicle shall be provided at all times with built-in reflectors or many American State Court decisions referred to in the secondary source, American
other similar warning devices either pasted, painted or attached to its front and back Jurisprudence principally relied upon by him. He ought to have been cautioned against
which shall likewise be visible at light at least one hundred meters away. No vehicle not an indiscriminate acceptance of such doctrines predicated on what was once a
provided with any of the requirements mentioned in this subsection shall be fundamental postulate in American public law, laissez faire.
registered."3 It is thus obvious that the challenged statute is a legislation enacted under
the police power to promote public safety.
It is to be admitted that there was a period when such a concept did influence American
court decisions on constitutional law. As was explicitly stated by Justice Cardozo
Justice Laurel, in the first leading decision after the Constitution came to force, Calalang speaking of that era: "Laissez-faire was not only a counsel of caution which would do
v. Williams,4 identified police power with state authority to enact legislation that may well to heed. It was a categorical imperative which statesmen as well as judges must
interfere with personal liberty or property in order to promote the general welfare. obey." 12 For a long time legislation tending to reduce economic inequality foundered
Persons and property could thus "be subjected to all kinds of restraints and burdens in on the rock that was the due process clause, enshrining as it did the liberty of contract,
order to secure the general comfort, health and prosperity of the state." Shortly after based on such a basic assumption.
independence in 1948, Primicias v. Fugoso,5 reiterated the doctrine, such a
competence being referred to as "the power to prescribe regulations to promote the
health, morals, peace, education, good order or safety, and general welfare of the The New Deal administration of President Roosevelt more responsive to the social and
people." The concept was set forth in negative terms by Justice Malcolm in a pre- economic forces at work changed matters greatly. By 1937, there was a greater
Commonwealth decision as "that inherent and plenary power in the State which enables receptivity by the American Supreme Court to an approach not too reverential of
it to prohibit all things hurtful to the comfort, safety and welfare of society."6 In that property rights. Even earlier, in 1935, Professor Coker of Yale, speaking as a historian,
sense it could be hardly distinguishable as noted by this Court in Morfe v. Mutuc7 with could already discern a contrary drift. He did note the expending range of governmental
the totality of legislative power. activity in the United States. 13 What is undeniable is that by 1943, laissez-faire was no
longer the dominant theory. In the language of Justice Jackson in the leading case of
West Virginia State Board of Education v. Barnette: 14 "We must, transplant these
It is in the above sense the greatest and most powerful attribute of government. It is to rights to a soil in which the laissez-faire concept or non-interference has withered at
quote Justice Malcolm anew "the most essential, insistent, and at least illimitable of least as to economic affairs, and social advancements are increasingly sought through
powers," 8 extending as Justice Holmes aptly pointed out "to all the great public needs." closer integration of society and through expanded and strengthened governmental
9 Its scope, ever-expanding to meet the exigencies of the times, even to anticipate the controls."
future where it could be done, provides enough room for an efficient and flexible
While authoritative precedents from the United States federal and state jurisdictions agriculture as well as to compete with existing business" as "reflections of the
were deferred to when the Philippines was still under American rule, it cannot be said fascination exerted by [the then] current tendencies" in other jurisdictions. 18 He spoke
that the laissez-faire principle was invariably adhered to by us even then As early as thus: "My answer is that this constitution has definite and well defined philosophy not
1919, in the leading case of Rubi v. Provincial Board of Mindoro, 15 Justice Malcolm only political but social and economic. ... If in this Constitution the gentlemen will find
already had occasion to affirm: "The doctrines of laissez-faire and of unrestricted declarations of economic policy they are there because they are necessary to safeguard
freedom of the individual, as axioms of economic and political theory, are of the past. the interests and welfare of the Filipino people because we believe that the days have
The modern period has shown a widespread belief in the amplest possible come when in self-defense, a nation may provide in its constitution those safeguards,
demonstration of government activity. The Courts unfortunately have sometimes the patrimony, the freedom to grow, the freedom to develop national aspirations and
seemed to trail after the other two branches of the Government in this progressive national interests, not to be hampered by the artificial boundaries which a constitutional
march." People v. Pomar, 16 a 1924 decision which held invalid under the due process provision automatically imposes. 19
clause a provision providing for maternity leave with pay thirty days before and thirty
days after confinement could be cited to show that such a principle did have its day. It is It was not expected then when in a concurring opinion, Justice Laurel, who likewise sat
to be remembered though that our Supreme Court had no other choice as the in the Constitutional Convention and was one of its leading lights, explicitly affirmed in a
Philippines was then under the United States, and only recently the year before, the concurring opinion, later quoted with approval in the leading case of Antamok Goldfields
American Supreme Court in Adkins v. Children's Hospital, 17 in line with the laissez- Mining Co. v. Court of Industrial Relations, 20 that the Constitution did away with the
faire theory, did hold that a statute providing for minimum wages was constitutionally laissez-faire doctrine. In the course of such concurring opinion and after noting the
infirm. changes that have taken place calling for a more affirmative role by the government and
its undeniable power to curtail property rights, he categorically declared the doctrine in
What is more, to erase any doubts, the Constitutional Convention saw to it People v. Pomar no longer retains "its virtuality as a living principle." 21
that the concept of laissez-faire was rejected. It entrusted to our
government the responsibility of coping with social and economic It is in the light of such rejection of the laissez-faire principle that during the
problems with the commensurate power of control over economic affairs. Commonwealth era, no constitutional infirmity was found to have attached to legislation
Thereby it could live up to its commitment to promote the general welfare covering such subjects as collective bargaining, 22 security of tenure, 23 minimum
through state action. No constitutional objection to regulatory measures wages, 24 compulsory arbitration, 25 the regulation of tenancy 26 as well as the
adversely affecting property rights, especially so when public safety is the issuance of
aim, is likely to be heeded, unless of course on the clearest and most
satisfactory proof of invasion of rights guaranteed by the Constitution. On
such a showing, there may be a declaration of nullity, but not because the securities, 27 and control of public services. 28 So it is likewise under the Republic this
laissez-faire principle was such a new law before it adjourns for the 1998 Court having given the seal of approval to more favorable tenancy laws, 29
elections. nationalization of the retail trade, 30 limitation of the hours of labor, 31 imposition of
price control, 32 requirement of separation pay for one month, 33 and social security
scheme. 34
7.2At the very least, whether or not Congress will be able to fasttrack the
enactment of a new oil deregulation law consistent with the Honorable
Court's ruling, would depend on many unforseeable and uncontrollable Respondent Galo thus could have profited by a little more diligence in the scrutiny of
factors. Already, several statements from legislators, senators and Philippine decisions rendered with not unexpected regularity, during all the while our
congressmen alike, say that the new law can wait because of other Constitution has been in force attesting to the demise of such a shibboleth as laissez-
pending legislative matters, etc. Given the "realities" of politics, especially faire. It was one of those fighting faiths that time and circumstances had upset, to
with the 1998 presidential polls six months away, it is not far-fetched that paraphrase Holmes. Yet respondent Galo would seek to vivify and resurrect it. That, it
the general welfare could be sacrificed to gain political mileage, thus would appear, is a vain quest, a futile undertaking. The Reflector Law is thus immune
further unduly delaying the enactment of a new oil deregulation law. from the attack so recklessly hurled against it. It can survive, and quite easily too, the
constitutional test.
disregarded but because the due process, equal protection, or non-impairment
guarantees would call for vindication. 3. The same lack of success marks the effort of respondent Galo to impugn the validity
of Administrative Order No. 2 issued by petitioner in his official capacity, duly approved
by the Secretary of Public Works and Communications, for being contrary to the
To repeat, our Constitution which took effect in 1935 erased whatever doubts there principle of non-delegation of legislative power. Such administrative order, which took
might be on that score. Its philosophy is a repudiation of laissez-faire. One of the effect on April 17, 1970, has a provision on reflectors in effect reproducing what was set
leading members of the Constitutional Convention, Manuel A. Roxas, later the first forth in the Act. Thus: "No motor vehicles of whatever style, kind, make, class or
President of the Republic, made it clear when he disposed of the objection of Delegate denomination shall be registered if not equipped with reflectors. Such reflectors shall
Jose Reyes of Sorsogon, who noted the "vast extensions in the sphere of governmental either be factory built-in-reflector commercial glass reflectors, reflection tape or
functions" and the "almost unlimited power to interfere in the affairs of industry and luminous paint. The luminosity shall have an intensity to be maintained visible and clean
at all times such that if struck by a beam of light shall be visible 100 meters away at the legislative command is to be effected. It is the criterion by which legislative purpose
night." 35 Then came a section on dimensions, placement and color. As to dimensions may be carried out. Thereafter, the executive or administrative office designated may in
the following is provided for: "Glass reflectors - Not less than 3 inches in diameter or not pursuance of the above guidelines promulgate supplemental rules and regulations.
less than 3 inches square; Reflectorized Tape - At least 3 inches wide and 12 inches
long. The painted or taped area may be bigger at the discretion of the vehicle owner." The standard may be either express or implied. If the former, the non-delegation
36 Provision is then made as to how such reflectors are to be "placed, installed, pasted objection is easily met. The standard though does not have to be spelled out
or painted." 37 There is the further requirement that in addition to such reflectors there specifically. It could be implied from the policy and purpose of the act considered as a
shall be installed, pasted or painted four reflectors on each side of the motor vehicle whole. In the Reflector Law, clearly the legislative objective is public safety. That is
parallel to those installed, pasted or painted in front and those in the rear end of the sought to be attained as in Calalang v. Williams is "safe transit upon the roads." 43
body thereof. 38 The color required of each reflectors, whether built-in, commercial
glass, reflectorized tape or reflectorized paint placed in the front part of any motor
vehicle shall be amber or yellow and those placed on the sides and in the rear shall all This is to adhere to the recognition given expression by Justice Laurel in a decision
be red. 39 announced not long after the Constitution came into force and effect that the principle of
non-delegation "has been made to adapt itself the complexities of modern governments,
giving rise to the adoption, within certain limits, of the principle of "subordinate
Penalties resulting from a violation thereof could be imposed. Thus: "Non-compliance legislation" not only in the United States and England but in practically all modern
with the requirements contained in this Order shall be sufficient cause to refuse governments." 44 He continued: "Accordingly, with the growing complexity of modern
registration of the motor vehicle affected and if already registered, its registration maybe life, the multiplication of the subjects of governmental regulation, and the increased
suspended in pursuance of the provisions of Section 16 of RA 4136; [Provided], difficulty of administering the laws, there is a constantly growing tendency toward the
However, that in the case of the violation of Section 1(a) and (b) and paragraph (8) delegation of greater powers by the legislature and toward the approval of the practice
Section 3 hereof, a fine of not less than ten nor more than fifty pesos shall be imposed. by the courts." 45 Consistency with the conceptual approach requires the reminder that
40 It is not to be lost sight of that under Republic Act No. 4136, of which the Reflector what is delegated is authority non-legislative in character, the completeness of the
Law is an amendment, petitioner, as the Land Transportation Commissioner, may, with statute when it leaves the hands of Congress being assumed.
the approval of the Secretary of Public Works and Communications, issue rules and
regulations for its implementation as long as they do not conflict with its provisions. 41 It
is likewise an express provision of the above statute that for a violation of any of its Our later decisions speak to the same effect. Thus from, Justice J. B. L. Reyes in
provisions or regulations promulgated pursuant thereto a fine of not less than P10 nor People vs. Exconde: 46 "It is well establish in this jurisdiction that, while the making of
not less than P50 could be imposed. 42 laws is a non-delegable activity that corresponds exclusively to Congress, nevertheless
the latter may constitutionally delegate authority to promulgate rules and regulations to
implement a given legislation and effectuate its policies, for the reason that the
It is a fundamental principle flowing from the doctrine of separation of powers that legislature often finds it impracticable (if not impossible) to anticipate and proved for the
Congress may not delegate its legislative power to the two other branches of the multifarious and complex situations that may be met in carrying the law in effect. All that
government, subject to the exception that local governments may over local affairs is required is that the regulation should germane to the objects and purposes of the law;
participate in its exercise. What cannot be delegated is the authority under the that the regulation be not in contradiction with it; but conform to the standards that the
Constitution to make laws and to alter and repeal them; the test is the completeness of law prescribes ... " 47
the statute in all its term and provisions when it leaves the hands of the legislature. To
determine whether or not there is an undue delegation of legislative power the inquiry
must be directed to the scope and definiteness of the measure enacted. The legislature An even more explicit formulation of the controlling principle comes from the pen of the
does not abdicate its functions when it describes what job must be done, who is to do it, then Justice, now Chief Justice, Concepcion: "Lastly, the legality of Circular No. 21 is
and what is the scope of his authority. For a complex economy, that may indeed be the assailed upon the ground that the grant of authority to issue the same constitutes an
only way in which the legislative process can go forward. A distinction has rightfully undue delegation of legislative power. It is true that, under our system of government,
been made between delegation of power to make the laws which necessarily involves a said power may not be delegated except to local governments. However, one thing is to
discretion as to what it shall be, which constitutionally may not be done, and delegation delegate the power to determine what the law shall be, and another thing to delegate
of authority or discretion as to its execution to exercised under and in pursuance of the the authority to fix the details in the execution of enforcement of a policy set out in the
law, to which no valid objection call be made. The Constitution is thus not to be law itself. Briefly stated, the rule is that the delegated powers fall under the second
regarded as denying the legislature the necessary resources of flexibility and category, if the law authorizing the, delegation furnishes a reasonable standard which
practicability. "sufficiently marks the field within which the Administrator is to act so that it may be
known whether he has kept within it in compliance with the legislative will." (Yakus vs.
United States, 88 L. ed.
To avoid the taint of unlawful delegation, there must be a standard, which implies at the
very least that the legislature itself determines matters of principle and lay down
fundamental policy. Otherwise, the charge of complete abdication may be hard to repel. 848) ... It should be noted, furthermore, that these powers must be construed and
A standard thus defines legislative policy, marks its limits, its maps out its boundaries exercised in relation to the objectives of the law creating the Central Bank, which are,
and specifies the public agency to apply it. It indicates the circumstances under which among others, "to maintain monetary stability in the Philippines," and "to promote a
rising level of production, employment and real income in the Philippines." (Section 2, CRUZ, J.:
Rep. Act No. 265). These standards are sufficiently concrete and definite to vest in the
delegated authority, the character of administrative details in the enforcement of the law The private respondent in this case was awarded the sum of P192,000.00 by the
and to place the grant said authority beyond the category of a delegation of legislative Philippine Overseas Employment Administration (POEA) for the death of her husband.
powers ... " 48 The decision is challenged by the petitioner on the principal ground that the POEA had
no jurisdiction over the case as the husband was not an overseas worker.
It bears repeating that the Reflector Law construed together with the Land
Transportation Code. Republic Act No. 4136, of which it is an amendment, leaves no Vitaliano Saco was Chief Officer of the M/V Eastern Polaris when he was killed in an
doubt as to the stress and emphasis on public safety which is the prime consideration in accident in Tokyo, Japan, March 15, 1985. His widow sued for damages under
statutes of this character. There is likewise a categorical affirmation Of the power of Executive Order No. 797 and Memorandum Circular No. 2 of the POEA. The petitioner,
petitioner as Land Transportation Commissioner to promulgate rules and regulations to as owner of the vessel, argued that the complaint was cognizable not by the POEA but
give life to and translate into actuality such fundamental purpose. His power is clear. by the Social Security System and should have been filed against the State Insurance
There has been no abuse. His Administrative Order No. 2 can easily survive the attack, Fund. The POEA nevertheless assumed jurisdiction and after considering the position
far-from-formidable, launched against it by respondent Galo. papers of the parties ruled in favor of the complainant. The award consisted of
P180,000.00 as death benefits and P12,000.00 for burial expenses.
WHEREFORE, the writs of certiorari and prohibition prayed for are granted, the orders
of May 28, 1970 of respondent Judge for the issuance of a writ of preliminary injunction, The petitioner immediately came to this Court, prompting the Solicitor General to move
the writ of preliminary injunction of June 1, 1970 and his order of June 9, 1970 denying for dismissal on the ground of non-exhaustion of administrative remedies.
reconsideration are annulled and set aside. Respondent Judge is likewise directed to
dismiss the petition for certiorari and prohibition filed by respondent Teddy C. Galo,
there being no cause of action as the Reflector Law and Administrative Order No. 2 of Ordinarily, the decisions of the POEA should first be appealed to the National Labor
petitioner have not been shown to be tainted by invalidity. Without pronouncement as to Relations Commission, on the theory inter alia that the agency should be given an
costs. opportunity to correct the errors, if any, of its subordinates. This case comes under one
of the exceptions, however, as the questions the petitioner is raising are essentially
questions of law. 1 Moreover, the private respondent himself has not objected to the
petitioner's direct resort to this Court, observing that the usual procedure would delay
the disposition of the case to her prejudice.
Republic of the Philippines
SUPREME COURT The Philippine Overseas Employment Administration was created under Executive
Manila Order No. 797, promulgated on May 1, 1982, to promote and monitor the overseas
employment of Filipinos and to protect their rights. It replaced the National Seamen
FIRST DIVISION Board created earlier under Article 20 of the Labor Code in 1974. Under Section 4(a) of
the said executive order, the POEA is vested with "original and exclusive jurisdiction
G.R. No. 76633 October 18, 1988 over all cases, including money claims, involving employee-employer relations arising
out of or by virtue of any law or contract involving Filipino contract workers, including
seamen." These cases, according to the 1985 Rules and Regulations on Overseas
EASTERN SHIPPING LINES, INC., petitioner, Employment issued by the POEA, include "claims for death, disability and other
vs. benefits" arising out of such employment. 2
PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA), MINISTER OF
LABOR AND EMPLOYMENT, HEARING OFFICER ABDUL BASAR and KATHLEEN
D. SACO, respondents. The petitioner does not contend that Saco was not its employee or that the claim of his
widow is not compensable. What it does urge is that he was not an overseas worker but
a 'domestic employee and consequently his widow's claim should have been filed with
Jimenea, Dala & Zaragoza Law Office for petitioner. Social Security System, subject to appeal to the Employees Compensation
Commission.
The Solicitor General for public respondent.
We see no reason to disturb the factual finding of the POEA that Vitaliano Saco was an
Dizon Law Office for respondent Kathleen D. Saco. overseas employee of the petitioner at the time he met with the fatal accident in Japan
in 1985.
Under the 1985 Rules and Regulations on Overseas Employment, overseas But the petitioner questions the validity of Memorandum Circular No. 2 itself as violative
employment is defined as "employment of a worker outside the Philippines, including of the principle of non-delegation of legislative power. It contends that no authority had
employment on board vessels plying international waters, covered by a valid contract. 3 been given the POEA to promulgate the said regulation; and even with such
A contract worker is described as "any person working or who has worked overseas authorization, the regulation represents an exercise of legislative discretion which,
under a valid employment contract and shall include seamen" 4 or "any person working under the principle, is not subject to delegation.
overseas or who has been employed by another which may be a local employer, foreign
employer, principal or partner under a valid employment contract and shall include The authority to issue the said regulation is clearly provided in Section 4(a) of Executive
seamen." 5 These definitions clearly apply to Vitaliano Saco for it is not disputed that he Order No. 797, reading as follows:
died while under a contract of employment with the petitioner and alongside the
petitioner's vessel, the M/V Eastern Polaris, while berthed in a foreign country. 6
... The governing Board of the Administration (POEA), as hereunder provided
shall promulgate the necessary rules and regulations to govern the exercise of
It is worth observing that the petitioner performed at least two acts which constitute the adjudicatory functions of the Administration (POEA).
implied or tacit recognition of the nature of Saco's employment at the time of his death
in 1985. The first is its submission of its shipping articles to the POEA for processing,
formalization and approval in the exercise of its regulatory power over overseas Similar authorization had been granted the National Seamen Board, which, as earlier
employment under Executive Order NO. 797. 7 The second is its payment 8 of the observed, had itself prescribed a standard shipping contract substantially the same as
contributions mandated by law and regulations to the Welfare Fund for Overseas the format adopted by the POEA.
Workers, which was created by P.D. No. 1694 "for the purpose of providing social and
welfare services to Filipino overseas workers." The second challenge is more serious as it is true that legislative discretion as to the
substantive contents of the law cannot be delegated. What can be delegated is the
Significantly, the office administering this fund, in the receipt it prepared for the private discretion to determine how the law may be enforced, not what the law shall be. The
respondent's signature, described the subject of the burial benefits as "overseas ascertainment of the latter subject is a prerogative of the legislature. This prerogative
contract worker Vitaliano Saco." 9 While this receipt is certainly not controlling, it does cannot be abdicated or surrendered by the legislature to the delegate. Thus, in Ynot v.
indicate, in the light of the petitioner's own previous acts, that the petitioner and the Intermediate Apellate Court 12 which annulled Executive Order No. 626, this Court held:
Fund to which it had made contributions considered Saco to be an overseas employee.
We also mark, on top of all this, the questionable manner of the disposition of the
The petitioner argues that the deceased employee should be likened to the employees confiscated property as prescribed in the questioned executive order. It is there
of the Philippine Air Lines who, although working abroad in its international flights, are authorized that the seized property shall be distributed to charitable institutions
not considered overseas workers. If this be so, the petitioner should not have found it and other similar institutions as the Chairman of the National Meat Inspection
necessary to submit its shipping articles to the POEA for processing, formalization and Commission may see fit, in the case of carabaos.' (Italics supplied.) The phrase
approval or to contribute to the Welfare Fund which is available only to overseas "may see fit" is an extremely generous and dangerous condition, if condition it is. It
workers. Moreover, the analogy is hardly appropriate as the employees of the PAL is laden with perilous opportunities for partiality and abuse, and even corruption.
cannot under the definitions given be considered seamen nor are their appointments One searches in vain for the usual standard and the reasonable guidelines, or
coursed through the POEA. better still, the limitations that the officers must observe when they make their
distribution. There is none. Their options are apparently boundless. Who shall be
the fortunate beneficiaries of their generosity and by what criteria shall they be
The award of P180,000.00 for death benefits and P12,000.00 for burial expenses was chosen? Only the officers named can supply the answer, they and they alone may
made by the POEA pursuant to its Memorandum Circular No. 2, which became effective choose the grantee as they see fit, and in their own exclusive discretion.
on February 1, 1984. This circular prescribed a standard contract to be adopted by both Definitely, there is here a 'roving commission a wide and sweeping authority that is
foreign and domestic shipping companies in the hiring of Filipino seamen for overseas not canalized within banks that keep it from overflowing,' in short a clearly
employment. A similar contract had earlier been required by the National Seamen profligate and therefore invalid delegation of legislative powers.
Board and had been sustained in a number of cases by this Court. 10 The petitioner
claims that it had never entered into such a contract with the deceased Saco, but that is
hardly a serious argument. In the first place, it should have done so as required by the There are two accepted tests to determine whether or not there is a valid delegation of
circular, which specifically declared that "all parties to the employment of any Filipino legislative power, viz, the completeness test and the sufficient standard test. Under the
seamen on board any ocean-going vessel are advised to adopt and use this first test, the law must be complete in all its terms and conditions when it leaves the
employment contract effective 01 February 1984 and to desist from using any other legislature such that when it reaches the delegate the only thing he will have to do is
format of employment contract effective that date." In the second place, even if it had enforce it. 13 Under the sufficient standard test, there must be adequate guidelines or
not done so, the provisions of the said circular are nevertheless deemed written into the stations in the law to map out the boundaries of the delegate's authority and prevent the
contract with Saco as a postulate of the police power of the State. 11 delegation from running riot. 14
Both tests are intended to prevent a total transference of legislative authority to the United States, the "sense and experience of men" was accepted in Mutual Film Corp. v.
delegate, who is not allowed to step into the shoes of the legislature and exercise a Industrial Commission, 19 and "national security" in Hirabayashi v. United States. 20
power essentially legislative.
It is not denied that the private respondent has been receiving a monthly death benefit
The principle of non-delegation of powers is applicable to all the three major powers of pension of P514.42 since March 1985 and that she was also paid a P1,000.00 funeral
the Government but is especially important in the case of the legislative power because benefit by the Social Security System. In addition, as already observed, she also
of the many instances when its delegation is permitted. The occasions are rare when received a P5,000.00 burial gratuity from the Welfare Fund for Overseas Workers.
executive or judicial powers have to be delegated by the authorities to which they legally These payments will not preclude allowance of the private respondent's claim against
certain. In the case of the legislative power, however, such occasions have become the petitioner because it is specifically reserved in the standard contract of employment
more and more frequent, if not necessary. This had led to the observation that the for Filipino seamen under Memorandum Circular No. 2, Series of 1984, that
delegation of legislative power has become the rule and its non-delegation the
exception. Section C. Compensation and Benefits.

The reason is the increasing complexity of the task of government and the growing 1. In case of death of the seamen during the term of his Contract, the employer
inability of the legislature to cope directly with the myriad problems demanding its shall pay his beneficiaries the amount of:
attention. The growth of society has ramified its activities and created peculiar and
sophisticated problems that the legislature cannot be expected reasonably to
comprehend. Specialization even in legislation has become necessary. To many of the a. P220,000.00 for master and chief engineers
problems attendant upon present-day undertakings, the legislature may not have the
competence to provide the required direct and efficacious, not to say, specific solutions. b. P180,000.00 for other officers, including radio operators and master
These solutions may, however, be expected from its delegates, who are supposed to be electrician
experts in the particular fields assigned to them.
c. P 130,000.00 for ratings.
The reasons given above for the delegation of legislative powers in general are
particularly applicable to administrative bodies. With the proliferation of specialized 2. It is understood and agreed that the benefits mentioned above shall be
activities and their attendant peculiar problems, the national legislature has found it separate and distinct from, and will be in addition to whatever benefits which
more and more necessary to entrust to administrative agencies the authority to issue the seaman is entitled to under Philippine laws. ... 3. ...
rules to carry out the general provisions of the statute. This is called the "power of
subordinate legislation."
c. If the remains of the seaman is buried in the Philippines, the owners
shall pay the beneficiaries of the seaman an amount not exceeding
With this power, administrative bodies may implement the broad policies laid down in a P18,000.00 for burial expenses.
statute by "filling in' the details which the Congress may not have the opportunity or
competence to provide. This is effected by their promulgation of what are known as
supplementary regulations, such as the implementing rules issued by the Department of The underscored portion is merely a reiteration of Memorandum Circular No. 22, issued
Labor on the new Labor Code. These regulations have the force and effect of law. by the National Seamen Board on July 12,1976, providing an follows:

Memorandum Circular No. 2 is one such administrative regulation. The model contract Income Benefits under this Rule Shall be Considered Additional Benefits.
prescribed thereby has been applied in a significant number of the cases without
challenge by the employer. The power of the POEA (and before it the National Seamen All compensation benefits under Title II, Book Four of the Labor Code of the
Board) in requiring the model contract is not unlimited as there is a sufficient standard Philippines (Employees Compensation and State Insurance Fund) shall be
guiding the delegate in the exercise of the said authority. That standard is discoverable granted, in addition to whatever benefits, gratuities or allowances that the
in the executive order itself which, in creating the Philippine Overseas Employment seaman or his beneficiaries may be entitled to under the employment contract
Administration, mandated it to protect the rights of overseas Filipino workers to "fair and approved by the NSB. If applicable, all benefits under the Social Security Law
equitable employment practices." and the Philippine Medicare Law shall be enjoyed by the seaman or his
beneficiaries in accordance with such laws.
Parenthetically, it is recalled that this Court has accepted as sufficient standards "Public
interest" in People v. Rosenthal 15 "justice and equity" in Antamok Gold Fields v. CIR 16 The above provisions are manifestations of the concern of the State for the working
"public convenience and welfare" in Calalang v. Williams 17 and "simplicity, economy class, consistently with the social justice policy and the specific provisions in the
and efficiency" in Cervantes v. Auditor General, 18 to mention only a few cases. In the Constitution for the protection of the working class and the promotion of its interest.
One last challenge of the petitioner must be dealt with to close t case. Its argument that STRATEGIC POWER UTILITIES GROUP (SPUG), and PANAY
it has been denied due process because the same POEA that issued Memorandum ELECTRIC COMPANY INC. (PECO), respondents.
Circular No. 2 has also sustained and applied it is an uninformed criticism of
administrative law itself. Administrative agencies are vested with two basic powers, the
quasi-legislative and the quasi-judicial. The first enables them to promulgate
implementing rules and regulations, and the second enables them to interpret and apply DECISION
such regulations. Examples abound: the Bureau of Internal Revenue adjudicates on its
own revenue regulations, the Central Bank on its own circulars, the Securities and
Exchange Commission on its own rules, as so too do the Philippine Patent Office and
the Videogram Regulatory Board and the Civil Aeronautics Administration and the NACHURA, J p:
Department of Natural Resources and so on ad infinitum on their respective
administrative regulations. Such an arrangement has been accepted as a fact of life of
modern governments and cannot be considered violative of due process as long as the
cardinal rights laid down by Justice Laurel in the landmark case of Ang Tibay v. Court of Petitioners Romeo P. Gerochi, Katulong Ng Bayan (KB), and Environmentalist
Industrial Relations 21 are observed. Consumers Network, Inc. (ECN) (petitioners), come before this Court in this original
action praying that Section 34 of Republic Act (RA) 9136, otherwise known as the
Whatever doubts may still remain regarding the rights of the parties in this case are "Electric Power Industry Reform Act of 2001" (EPIRA), imposing the Universal Charge,
resolved in favor of the private respondent, in line with the express mandate of the 1 and Rule 18 of the Rules and Regulations (IRR) 2 which seeks to implement the said
Labor Code and the principle that those with less in life should have more in law. imposition, be declared unconstitutional. Petitioners also pray that the Universal Charge
imposed upon the consumers be refunded and that a preliminary injunction and/or
When the conflicting interests of labor and capital are weighed on the scales of social temporary restraining order (TRO) be issued directing the respondents to refrain from
implementing, charging, and collecting the said charge. 3 The assailed provision of law
justice, the heavier influence of the latter must be counter-balanced by the sympathy
reads:
and compassion the law must accord the underprivileged worker. This is only fair if he is
to be given the opportunity and the right to assert and defend his cause not as a
subordinate but as a peer of management, with which he can negotiate on even plane. SECTION 34. Universal Charge. Within one (1) year from the
Labor is not a mere employee of capital but its active and equal partner. effectivity of this Act, a universal charge to be determined, fixed and
approved by the ERC, shall be imposed on all electricity end-users
for the following purposes:
WHEREFORE, the petition is DISMISSED, with costs against the petitioner. The
temporary restraining order dated December 10, 1986 is hereby LIFTED. It is so
ordered. (a) Payment for the stranded debts 4 in excess of the amount
assumed by the National Government and stranded
Narvasa, Gancayco, Grio-Aquino and Medialdea, JJ., concur. contract costs of NPC 5 and as well as qualified stranded
contract costs of distribution utilities resulting from the
restructuring of the industry;

(b) Missionary electrification; 6

(c) The equalization of the taxes and royalties applied to indigenous


or renewable sources of energy vis--vis imported energy
EN BANC fuels;

[G.R. No. 159796. July 17, 2007.] (d) An environmental charge equivalent to one-fourth of one
centavo per kilowatt-hour (P0.0025/kWh), which shall
accrue to an environmental fund to be used solely for
ROMEO P. GEROCHI, KATULONG NG BAYAN (KB) and watershed rehabilitation and management. Said fund shall
ENVIRONMENTALIST CONSUMERS NETWORK, INC. (ECN), be managed by NPC under existing arrangements; and
petitioners, vs. DEPARTMENT OF ENERGY (DOE), ENERGY
REGULATORY COMMISSION (ERC), NATIONAL POWER
CORPORATION (NPC), POWER SECTOR ASSETS AND (e) A charge to account for all forms of cross-subsidies for a period
LIABILITIES MANAGEMENT GROUP (PSALM Corp.), not exceeding three (3) years.
The universal charge shall be a non-bypassable charge which shall be (a) June 26-July 25, 2003 for National Transmission
passed on and collected from all end-users on a monthly basis by the Corporation (TRANSCO); and
distribution utilities. Collections by the distribution utilities and the TRANSCO
in any given month shall be remitted to the PSALM Corp. on or before the (b) July 2003 for Distribution Utilities (Dus).
fifteenth (15th) of the succeeding month, net of any amount due to the
distribution utility. Any end-user or self-generating entity not connected to a
distribution utility shall remit its corresponding universal charge directly to the Relative thereto, TRANSCO and Dus are directed to collect the UC-ME in
TRANSCO. The PSALM Corp., as administrator of the fund, shall create a the amount of P0.0373 per kilowatt-hour and remit the same to PSALM on
Special Trust Fund which shall be disbursed only for the purposes specified or before the 15th day of the succeeding month.
herein in an open and transparent manner. All amount collected for the
universal charge shall be distributed to the respective beneficiaries within a In the meantime, NPC-SPUG is directed to submit, not later than April 30,
reasonable period to be provided by the ERC. 2004, a detailed report to include Audited Financial Statements and
physical status (percentage of completion) of the projects using the
The Facts prescribed format.

Congress enacted the EPIRA on June 8, 2001; on June 26, 2001, it took effect. 7 Let copies of this Order be furnished petitioner NPC-SPUG and all
distribution utilities (Dus).
On April 5, 2002, respondent National Power Corporation-Strategic Power Utilities
Group 8 (NPC-SPUG) filed with respondent Energy Regulatory Commission (ERC) a SO ORDERED.
petition for the availment from the Universal Charge of its share for Missionary
Electrification, docketed as ERC Case No. 2002-165. 9 On August 13, 2003, NPC-SPUG filed a Motion for Reconsideration asking the ERC,
among others, 14 to set aside the above-mentioned Decision, which the ERC granted in
On May 7, 2002, NPC filed another petition with ERC, docketed as ERC Case No. its Order dated October 7, 2003, disposing:
2002-194, praying that the proposed share from the Universal Charge for the
Environmental charge of P0.0025 per kilowatt-hour (/kWh), or a total of WHEREFORE, the foregoing premises considered, the "Motion for
P119,488,847.59, be approved for withdrawal from the Special Trust Fund (STF) Reconsideration" filed by petitioner National Power Corporation-
managed by respondent Power Sector Assets and Liabilities Management Group Small Power Utilities Group (NPC-SPUG) is hereby GRANTED.
(PSALM) 10 for the rehabilitation and management of watershed areas. 11 Accordingly, the Decision dated June 26, 2003 is hereby modified
accordingly.
On December 20, 2002, the ERC issued an Order 12 in ERC Case No. 2002-165
provisionally approving the computed amount of P0.0168/kWh as the share of the NPC- Relative thereto, NPC-SPUG is directed to submit a quarterly report
SPUG from the Universal Charge for Missionary Electrification and authorizing the on the following:
National Transmission Corporation (TRANSCO) and Distribution Utilities to collect the
same from its end-users on a monthly basis. 1. Projects for CY 2002 undertaken;

On June 26, 2003, the ERC rendered its Decision 13 (for ERC Case No. 2002-165) 2. Location
modifying its Order of December 20, 2002, thus:

3. Actual amount utilized to complete the project;


WHEREFORE, the foregoing premises considered, the provisional
authority granted to petitioner National Power Corporation-Strategic Power
Utilities Group (NPC-SPUG) in the Order dated December 20, 2002 is 4. Period of completion;
hereby modified to the effect that an additional amount of P0.0205 per
kilowatt-hour should be added to the P0.0168 per kilowatt-hour 5. Start of Operation; and
provisionally authorized by the Commission in the said Order. Accordingly,
a total amount of P0.0373 per kilowatt-hour is hereby APPROVED for
6. Explanation of the reallocation of UC-ME funds, if any.
withdrawal from the Special Trust Fund managed by PSALM as its share
from the Universal Charge for Missionary Electrification (UC-ME) effective
on the following billing cycles: SO ORDERED. 15
Meanwhile, on April 2, 2003, ERC decided ERC Case No. 2002-194, authorizing the payment of public expenses, the assailed Universal Charge is levied for a specific
NPC to draw up to P70,000,000.00 from PSALM for its 2003 Watershed Rehabilitation regulatory purpose, which is to ensure the viability of the country's electric power
Budget subject to the availability of funds for the Environmental Fund component of the industry. Thus, it is exacted by the State in the exercise of its inherent police power. On
Universal Charge. 16 this premise, PSALM submits that there is no undue delegation of legislative power to
the ERC since the latter merely exercises a limited authority or discretion as to the
On the basis of the said ERC decisions, respondent Panay Electric Company, Inc. execution and implementation of the provisions of the EPIRA. 22
(PECO) charged petitioner Romeo P. Gerochi and all other end-users with the Universal
Charge as reflected in their respective electric bills starting from the month of July 2003. Respondents Department of Energy (DOE), ERC, and NPC, through the Office of the
17 Solicitor General (OSG), share the same view that the Universal Charge is not a tax
because it is levied for a specific regulatory purpose, which is to ensure the viability of
Hence, this original action. the country's electric power industry, and is, therefore, an exaction in the exercise of the
State's police power. Respondents further contend that said Universal Charge does not
possess the essential characteristics of a tax, that its imposition would redound to the
Petitioners submit that the assailed provision of law and its IRR which sought to benefit of the electric power industry and not to the public, and that its rate is uniformly
implement the same are unconstitutional on the following grounds: levied on electricity end-users, unlike a tax which is imposed based on the individual
taxpayer's ability to pay. Moreover, respondents deny that there is undue delegation of
1) The universal charge provided for under Sec. 34 of the EPIRA legislative power to the ERC since the EPIRA sets forth sufficient determinable
and sought to be implemented under Sec. 2, Rule 18 of standards which would guide the ERC in the exercise of the powers granted to it. Lastly,
the IRR of the said law is a tax which is to be collected respondents argue that the imposition of the Universal Charge is not oppressive and
from all electric end-users and self-generating entities. confiscatory since it is an exercise of the police power of the State and it complies with
The power to tax is strictly a legislative function and as the requirements of due process. 23
such, the delegation of said power to any executive or
administrative agency like the ERC is unconstitutional,
giving the same unlimited authority. The assailed provision
clearly provides that the Universal Charge is to be
determined, fixed and approved by the ERC, hence On its part, respondent PECO argues that it is duty-bound to collect and remit the
leaving to the latter complete discretionary legislative amount pertaining to the Missionary Electrification and Environmental Fund components
authority. of the Universal Charge, pursuant to Sec. 34 of the EPIRA and the Decisions in ERC
Case Nos. 2002-194 and 2002-165. Otherwise, PECO could be held liable under Sec.
46 24 of the EPIRA, which imposes fines and penalties for any violation of its provisions
2) The ERC is also empowered to approve and determine where or its IRR. 25
the funds collected should be used.
The Issues
3) The imposition of the Universal Charge on all end-users is
oppressive and confiscatory and amounts to taxation
without representation as the consumers were not given a The ultimate issues in the case at bar are:
chance to be heard and represented. 18
1) Whether or not, the Universal Charge imposed under Sec. 34 of
Petitioners contend that the Universal Charge has the characteristics of a tax and is the EPIRA is a tax; and
collected to fund the operations of the NPC. They argue that the cases 19 invoked by
the respondents clearly show the regulatory purpose of the charges imposed therein, 2) Whether or not there is undue delegation of legislative power to
which is not so in the case at bench. In said cases, the respective funds 20 were tax on the part of the ERC. 26
created in order to balance and stabilize the prices of oil and sugar, and to act as buffer
to counteract the changes and adjustments in prices, peso devaluation, and other Before we discuss the issues, the Court shall first deal with an obvious procedural
variables which cannot be adequately and timely monitored by the legislature. Thus, lapse.
there was a need to delegate powers to administrative bodies. 21 Petitioners posit that
the Universal Charge is imposed not for a similar purpose.
Petitioners filed before us an original action particularly denominated as a Complaint
assailing the constitutionality of Sec. 34 of the EPIRA imposing the Universal Charge
On the other hand, respondent PSALM through the Office of the Government Corporate and Rule 18 of the EPIRA's IRR. No doubt, petitioners have locus standi. They impugn
Counsel (OGCC) contends that unlike a tax which is imposed to provide income for the constitutionality of Sec. 34 of the EPIRA because they sustained a direct injury as a
public purposes, such as support of the government, administration of the law, or result of the imposition of the Universal Charge as reflected in their electric bills.
However, petitioners violated the doctrine of hierarchy of courts when they filed this found only in the responsibility of the legislature which imposes the tax on the
"Complaint" directly with us. Furthermore, the Complaint is bereft of any allegation of constituency that is to pay it. 30 It is based on the principle that taxes are the lifeblood of
grave abuse of discretion on the part of the ERC or any of the public respondents, in the government, and their prompt and certain availability is an imperious need. 31 Thus,
order for the Court to consider it as a petition for certiorari or prohibition. the theory behind the exercise of the power to tax emanates from necessity; without
taxes, government cannot fulfill its mandate of promoting the general welfare and well-
Article VIII, Section 5 (1) and (2) of the 1987 Constitution 27 categorically provides that: being of the people. 32

SECTION 5. The Supreme Court shall have the following powers: On the other hand, police power is the power of the state to promote public welfare by
restraining and regulating the use of liberty and property. 33 It is the most pervasive, the
least limitable, and the most demanding of the three fundamental powers of the State.
1. Exercise original jurisdiction over cases affecting ambassadors, The justification is found in the Latin maxims salus populi est suprema lex (the welfare
other public ministers and consuls, and over petitions for of the people is the supreme law) and sic utere tuo ut alienum non laedas (so use your
certiorari, prohibition, mandamus, quo warranto, and property as not to injure the property of others). As an inherent attribute of sovereignty
habeas corpus. which virtually extends to all public needs, police power grants a wide panoply of
instruments through which the State, as parens patriae, gives effect to a host of its
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, regulatory powers. 34 We have held that the power to "regulate" means the power to
as the law or the rules of court may provide, final protect, foster, promote, preserve, and control, with due regard for the interests, first
judgments and orders of lower courts in: and foremost, of the public, then of the utility and of its patrons. 35

(a) All cases in which the constitutionality or validity of any The conservative and pivotal distinction between these two powers rests in the purpose
treaty, international or executive agreement, law, for which the charge is made. If generation of revenue is the primary purpose and
presidential decree, proclamation, order, regulation is merely incidental, the imposition is a tax; but if regulation is the primary
instruction, ordinance, or regulation is in purpose, the fact that revenue is incidentally raised does not make the imposition a tax.
question. 36

But this Court's jurisdiction to issue writs of certiorari, prohibition, mandamus, quo In exacting the assailed Universal Charge through Sec. 34 of the EPIRA, the State's
warranto, and habeas corpus, while concurrent with that of the regional trial courts police power, particularly its regulatory dimension, is invoked. Such can be deduced
and the Court of Appeals, does not give litigants unrestrained freedom of choice of from Sec. 34 which enumerates the purposes for which the Universal Charge is
forum from which to seek such relief. 28 It has long been established that this Court imposed 37 and which can be amply discerned as regulatory in character. The EPIRA
will not entertain direct resort to it unless the redress desired cannot be obtained in resonates such regulatory purposes, thus:
the appropriate courts, or where exceptional and compelling circumstances justify
availment of a remedy within and call for the exercise of our primary jurisdiction. 29 SECTION 2. Declaration of Policy. It is hereby declared the
This circumstance alone warrants the outright dismissal of the present action. policy of the State:

This procedural infirmity notwithstanding, we opt to resolve the constitutional issue (a) To ensure and accelerate the total electrification of the country;
raised herein. We are aware that if the constitutionality of Sec. 34 of the EPIRA is not
resolved now, the issue will certainly resurface in the near future, resulting in a repeat of
this litigation, and probably involving the same parties. In the public interest and to avoid (b) To ensure the quality, reliability, security and affordability of the
unnecessary delay, this Court renders its ruling now. supply of electric power;

The instant complaint is bereft of merit. (c) To ensure transparent and reasonable prices of electricity in a
regime of free and fair competition and full public
accountability to achieve greater operational and
The First Issue economic efficiency and enhance the competitiveness of
Philippine products in the global market;
To resolve the first issue, it is necessary to distinguish the State's power of taxation from
the police power. (d) To enhance the inflow of private capital and broaden the
ownership base of the power generation, transmission and
The power to tax is an incident of sovereignty and is unlimited in its range, distribution sectors;
acknowledging in its very nature no limits, so that security against its abuse is to be
(e) To ensure fair and non-discriminatory treatment of public and any remaining amount in this account shall be used to
private sector entities in the process of restructuring the reduce the electricity rates to the end-users. 43
electric power industry;
2) With respect to the assailed Universal Charge, if the total amount
(f) To protect the public interest as it is affected by the rates and collected for the same is greater than the actual
services of electric utilities and other providers of electric availments against it, the PSALM shall retain the balance
power; within the STF to pay for periods where a shortfall occurs.
44
(g) To assure socially and environmentally compatible energy
sources and infrastructure; 3) Upon expiration of the term of PSALM, the administration of the
STF shall be transferred to the DOF or any of the DOF
(h) To promote the utilization of indigenous and new and renewable attached agencies as designated by the DOF Secretary.
energy resources in power generation in order to reduce 45
dependence on imported energy;
The OSG is in point when it asseverates:
(i) To provide for an orderly and transparent privatization of the
assets and liabilities of the National Power Corporation Evidently, the establishment and maintenance of the Special Trust
(NPC); Fund, under the last paragraph of Section 34, R.A. No. 9136, is well
within the pervasive and non-waivable power and responsibility of
(j) To establish a strong and purely independent regulatory body the government to secure the physical and economic survival and
and system to ensure consumer protection and enhance well-being of the community, that comprehensive sovereign
the competitive operation of the electricity market; and authority we designate as the police power of the State. 46

(k) To encourage the efficient use of energy and other modalities of


demand side management.
This feature of the Universal Charge further boosts the position that the same is an
From the aforementioned purposes, it can be gleaned that the assailed Universal exaction imposed primarily in pursuit of the State's police objectives. The STF
Charge is not a tax, but an exaction in the exercise of the State's police power. Public reasonably serves and assures the attainment and perpetuity of the purposes for which
welfare is surely promoted. the Universal Charge is imposed, i.e., to ensure the viability of the country's electric
power industry.
Moreover, it is a well-established doctrine that the taxing power may be used as an
implement of police power. 38 In Valmonte v. Energy Regulatory Board, et al. 39 and in The Second Issue
Gaston v. Republic Planters Bank, 40 this Court held that the Oil Price Stabilization
Fund (OPSF) and the Sugar Stabilization Fund (SSF) were exactions made in the The principle of separation of powers ordains that each of the three branches of
exercise of the police power. The doctrine was reiterated in Osmea v. Orbos 41 with government has exclusive cognizance of and is supreme in matters falling within its own
respect to the OPSF. Thus, we disagree with petitioners that the instant case is different constitutionally allocated sphere. A logical corollary to the doctrine of separation of
from the aforementioned cases. With the Universal Charge, a Special Trust Fund (STF) powers is the principle of non-delegation of powers, as expressed in the Latin maxim
is also created under the administration of PSALM. 42 The STF has some notable potestas delegata non delegari potest (what has been delegated cannot be delegated).
characteristics similar to the OPSF and the SSF, viz.: This is based on the ethical principle that such delegated power constitutes not only a
right but a duty to be performed by the delegate through the instrumentality of his own
1)In the implementation of stranded cost recovery, the ERC shall judgment and not through the intervening mind of another. 47
conduct a review to determine whether there is under-
recovery or over recovery and adjust (true-up) the level of In the face of the increasing complexity of modern life, delegation of legislative power to
the stranded cost recovery charge. In case of an over- various specialized administrative agencies is allowed as an exception to this principle.
recovery, the ERC shall ensure that any excess amount 48 Given the volume and variety of interactions in today's society, it is doubtful if the
shall be remitted to the STF. A separate account shall be legislature can promulgate laws that will deal adequately with and respond promptly to
created for these amounts which shall be held in trust for the minutiae of everyday life. Hence, the need to delegate to administrative bodies
any future claims of distribution utilities for stranded cost the principal agencies tasked to execute laws in their specialized fields the authority
recovery. At the end of the stranded cost recovery period, to promulgate rules and regulations to implement a given statute and effectuate its
policies. All that is required for the valid exercise of this power of subordinate legislation Moreover, contrary to the petitioners' contention, the ERC does not enjoy a wide latitude
is that the regulation be germane to the objects and purposes of the law and that the of discretion in the determination of the Universal Charge. Sec. 51 (d) and (e) of the
regulation be not in contradiction to, but in conformity with, the standards prescribed by EPIRA 50 clearly provides:
the law. These requirements are denominated as the completeness test and the
sufficient standard test. SECTION 51. Powers. The PSALM Corp. shall, in the
performance of its functions and for the attainment of its objective,
Under the first test, the law must be complete in all its terms and conditions when it have the following powers:
leaves the legislature such that when it reaches the delegate, the only thing he will have
to do is to enforce it. The second test mandates adequate guidelines or limitations in the xxx xxx xxx
law to determine the boundaries of the delegate's authority and prevent the delegation
from running riot. 49
(d) To calculate the amount of the stranded debts and stranded
contract costs of NPC which shall form the basis for
The Court finds that the EPIRA, read and appreciated in its entirety, in relation to Sec. ERC in the determination of the universal charge;
34 thereof, is complete in all its essential terms and conditions, and that it contains
sufficient standards.
(e) To liquidate the NPC stranded contract costs, utilizing the
proceeds from sales and other property contributed to it,
Although Sec. 34 of the EPIRA merely provides that "within one (1) year from the including the proceeds from the universal charge.
effectivity thereof, a Universal Charge to be determined, fixed and approved by the
ERC, shall be imposed on all electricity end-users," and therefore, does not state the
specific amount to be paid as Universal Charge, the amount nevertheless is made Thus, the law is complete and passes the first test for valid delegation of legislative
certain by the legislative parameters provided in the law itself. For one, Sec. 43 (b) (ii) of power.
the EPIRA provides:
As to the second test, this Court had, in the past, accepted as sufficient standards the
SECTION 43. Functions of the ERC. The ERC shall promote following: "interest of law and order;" 51 "adequate and efficient instruction;" 52 "public
competition, encourage market development, ensure customer interest;" 53 "justice and equity;" 54 "public convenience and welfare;" 55 "simplicity,
choice and penalize abuse of market power in the restructured economy and efficiency;" 56 "standardization and regulation of medical education;" 57
electricity industry. In appropriate cases, the ERC is authorized to and "fair and equitable employment practices." 58 Provisions of the EPIRA such as,
issue cease and desist order after due notice and hearing. Towards among others, "to ensure the total electrification of the country and the quality, reliability,
this end, it shall be responsible for the following key functions in the security and affordability of the supply of electric power" 59 and "watershed
restructured industry: rehabilitation and management" 60 meet the requirements for valid delegation, as they
provide the limitations on the ERC's power to formulate the IRR. These are sufficient
standards.
xxx xxx xxx
It may be noted that this is not the first time that the ERC's conferred powers were
(b) Within six (6) months from the effectivity of this Act, promulgate challenged. In Freedom from Debt Coalition v. Energy Regulatory Commission, 61 the
and enforce, in accordance with law, a National Grid Code and a Court had occasion to say:
Distribution Code which shall include, but not limited to the
following:
In determining the extent of powers possessed by the ERC, the
provisions of the EPIRA must not be read in separate parts. Rather,
xxx xxx xxx the law must be read in its entirety, because a statute is passed as
a whole, and is animated by one general purpose and intent. Its
(ii) Financial capability standards for the generating companies, the meaning cannot to be extracted from any single part thereof but
TRANSCO, distribution utilities and suppliers: Provided, That in the from a general consideration of the statute as a whole. Considering
formulation of the financial capability standards, the nature and the intent of Congress in enacting the EPIRA and reading the
function of the entity shall be considered: Provided, further, That statute in its entirety, it is plain to see that the law has expanded the
such standards are set to ensure that the electric power industry jurisdiction of the regulatory body, the ERC in this case, to enable
participants meet the minimum financial standards to protect the the latter to implement the reforms sought to be accomplished by
public interest. Determine, fix, and approve, after due notice and the EPIRA. When the legislators decided to broaden the jurisdiction
public hearings the universal charge, to be imposed on all electricity of the ERC, they did not intend to abolish or reduce the powers
end-users pursuant to Section 34 hereof; already conferred upon ERC's predecessors. To sustain the view
that the ERC possesses only the powers and functions listed under issue which essentially involves questions of fact, and thus, this Court is precluded from
Section 43 of the EPIRA is to frustrate the objectives of the law. reviewing the same. 66

In his Concurring and Dissenting Opinion 62 in the same case, then Associate Justice,
now Chief Justice, Reynato S. Puno described the immensity of police power in relation
to the delegation of powers to the ERC and its regulatory functions over electric power As a penultimate statement, it may be well to recall what this Court said of EPIRA:
as a vital public utility, to wit:
One of the landmark pieces of legislation enacted by Congress in
Over the years, however, the range of police power was no longer recent years is the EPIRA. It established a new policy, legal
limited to the preservation of public health, safety and morals, structure and regulatory framework for the electric power industry.
which used to be the primary social interests in earlier times. Police The new thrust is to tap private capital for the expansion and
power now requires the State to "assume an affirmative duty to improvement of the industry as the large government debt and the
eliminate the excesses and injustices that are the concomitants of highly capital-intensive character of the industry itself have long
an unrestrained industrial economy." Police power is now exerted been acknowledged as the critical constraints to the program. To
"to further the public welfare a concept as vast as the good of attract private investment, largely foreign, the jaded structure of the
society itself." Hence, "police power is but another name for the industry had to be addressed. While the generation and
governmental authority to further the welfare of society that is the transmission sectors were centralized and monopolistic, the
basic end of all government." When police power is delegated to distribution side was fragmented with over 130 utilities, mostly small
administrative bodies with regulatory functions, its exercise should and uneconomic. The pervasive flaws have caused a low utilization
be given a wide latitude. Police power takes on an even broader of existing generation capacity; extremely high and uncompetitive
dimension in developing countries such as ours, where the State power rates; poor quality of service to consumers; dismal to
must take a more active role in balancing the many conflicting forgettable performance of the government power sector; high
interests in society. The Questioned Order was issued by the ERC, system losses; and an inability to develop a clear strategy for
acting as an agent of the State in the exercise of police power. We overcoming these shortcomings.
should have exceptionally good grounds to curtail its exercise. This
approach is more compelling in the field of rate-regulation of
electric power rates. Electric power generation and distribution is a Thus, the EPIRA provides a framework for the restructuring of the
traditional instrument of economic growth that affects not only a few industry, including the privatization of the assets of the National
but the entire nation. It is an important factor in encouraging Power Corporation (NPC), the transition to a competitive structure,
investment and promoting business. The engines of progress may and the delineation of the roles of various government agencies
come to a screeching halt if the delivery of electric power is and the private entities. The law ordains the division of the industry
impaired. Billions of pesos would be lost as a result of power into four (4) distinct sectors, namely: generation, transmission,
outages or unreliable electric power services. The State thru the distribution and supply. Corollarily, the NPC generating plants have
ERC should be able to exercise its police power with great to privatized and its transmission business spun off and privatized
flexibility, when the need arises. thereafter. 67

This was reiterated in National Association of Electricity Consumers for Reforms v. Finally, every law has in its favor the presumption of constitutionality, and to justify its
Energy Regulatory Commission 63 where the Court held that the ERC, as regulator, nullification, there must be a clear and unequivocal breach of the Constitution and not
should have sufficient power to respond in real time to changes wrought by multifarious one that is doubtful, speculative, or argumentative. 68 Indubitably, petitioners failed to
factors affecting public utilities. overcome this presumption in favor of the EPIRA. We find no clear violation of the
Constitution which would warrant a pronouncement that Sec. 34 of the EPIRA and Rule
18 of its IRR are unconstitutional and void.
From the foregoing disquisitions, we therefore hold that there is no undue delegation of
legislative power to the ERC.
WHEREFORE, the instant case is hereby DISMISSED for lack of merit.
Petitioners failed to pursue in their Memorandum the contention in the Complaint that
the imposition of the Universal Charge on all end-users is oppressive and confiscatory, SO ORDERED.
and amounts to taxation without representation. Hence, such contention is deemed
waived or abandoned per Resolution 64 of August 3, 2004. 65 Moreover, the Puno, C.J., Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-
determination of whether or not a tax is excessive, oppressive or confiscatory is an Martinez, Corona, Carpio-Morales, Azcuna, Tinga, Chico-Nazario, Garcia and Velasco,
Jr., JJ., concur.
Footnotes The power of Congress to enact laws does not include the right to pass unconstitutional
||| (Gerochi v. Department of Energy, G.R. No. 159796, July 17, 2007) laws. In fine, the Court did not usurp the power of Congress to enact laws but merely
discharged its bounden duty to check the constitutionality of laws when challenged in
appropriate cases. Our decision annulling R.A. 8180 is justified by the principle of check
and balance. We hold that power and obligation of this Court to pass upon the
constitutionality of laws cannot be defeated by the fact that the challenged law carries
serious economic implications. This Court has struck down laws abridging the political
EN BANC and civil rights of our people even if it has to often the other more powerful branches of
government. There is no reason why the Court cannot strike down R.A. No. 8180 that
[G.R. No. 124360. December 3, 1997.] violates the economic rights of our people even if it has to bridle the liberty of big
business within reasonable bounds.

FRANCISCO S. TATAD, petitioner, vs. THE SECRETARY OF The Constitution gave this Court the authority to strike down all laws that violate the
THE DEPARTMENT OF ENERGY AND THE SECRETARY OF Constitution. It did not exempt from the reach of this authority laws with economic
THE DEPARTMENT OF FINANCE, respondents. dimension.

A separability clause does not clothe the valid parts with immunity from the invalidating
[G.R. No. 127867. December 3, 1997.]
effect the law gives to the inseparable blending of the bad with the good. The
separability clause cannot also be applied if it will produce an absurd result. In sum, if
EDCEL C. LAGMAN, JOKER P. ARROYO, ENRIQUE GARCIA, the separation of the statute will defeat the intent of the legislature, separation will not
WIGBERTO TAADA, FLAG HUMAN RIGHTS FOUNDATION, take place despite the inclusion of a separability clause in the law. In the case of
HUMAN RIGHTS FOUNDATION, INC., FREEDOM FROM DEBT Republic Act No. 8180, the unconstitutionality of the provisions on tariff differential,
COALITION (FDC), SANLAKAS, petitioners, vs. HON. RUBEN minimum inventory and predatory pricing cannot but result in the unconstitutionality of
TORRES in his capacity as the Executive Secretary, HON. the entire law despite its separability clause. These provisions cannot be struck down
FRANCISCO VIRAY, in his capacity as the Secretary of Energy, alone for they were the ones intended to carry out the policy of the law embodied in
CALTEX Philippines, Inc., PETRON Corporation, and Section 2 thereof. The provisions on 4% tariff differential, minimum inventory and
PILIPINAS SHELL Corporation, respondents. predatory pricing are anti-competition, and they are the key provisions of R.A. 8180.
Without these provisions in place, Congress could not have deregulated the
downstream oil industry.
EASTERN PETROLEUM CORP., SEAOIL PETROLEUM CORP.,
SUBIC BAY DISTRIBUTION, INC., TWA, INC., and DUBPHIL The Motions for Reconsideration of the public respondents and of the intervenors as
GAS, movants-in-intervention. well as the Partial Motion for Reconsideration of petitioner Enrique Garcia: are denied
for lack of merit.

Sanidad, Abaya, Cortez, Te, Madrid, Viterbo & Tan Law Firm for petitioners.
SYLLABUS
Angara, Abello, Concepcion, Regala & Cruz co-counsel for Caltex Phil., Inc.
1.CONSTITUTIONAL LAW; LEGISLATIVE DEPARTMENT; DELEGATED POWER;
CRAFTING OF STANDARD LIES WITHIN THE EXCLUSIVE JURISDICTION OF
SYNOPSIS CONGRESS. The choice and crafting of the standard to guide the exercise of
delegated power is part of the lawmaking process and lies within the exclusive
jurisdiction of Congress. The standard cannot be altered in any way by the executive for
Motions for reconsideration and partial motions for reconsideration were filed by the the Executive cannot modify the will of the Legislature.
parties of the decision of the Supreme Court declaring R.A. No. 8180 unconstitutional.
2.ID.; ID.; REPUBLIC ACT NO. 8180 (OIL DEREGULATION LAW); 4 % 'TARIFF
The choice and crafting of the standard to guide the exercise of delegated power is part DIFFERENTIAL GIVES A DECISIVE EDGE TO EXISTING OIL COMPANIES. This
of the lawmaking process and lies within the exclusive jurisdiction of Congress. The 4% tariff differential gives a decisive edge to the existing oil companies even as it
standard cannot be altered in any way by the Executive for the Executive cannot modify constitutes a substantial barrier to the entry of prospective players. We do not agree
the will of the Legislature. with the public respondents that there is no empirical evidence to support this ruling. In
the recent hearing of the Senate Committee on Energy chaired by Senator Freddie downstream oil industry will not operate under an atmosphere of free and fair
Webb, it was established that the 4% tariff differential on crude oil and refined petroleum competition. It is certain that lack of real competition will allow the present oil oligopolists
importation gives a 20-centavo per liter advantage to the three big oil companies over to dictate prices, and can entice them to engage in predatory pricing to eliminate rivals.
the new players. It was also found that said tariff differential serves as a protective The fact that R.A. No. 8180 prohibits predatory pricing will not dissolve-this clear
shield for the big oil companies. Nor do we approve public respondents' submission that danger. In truth, its definition of predatory pricing is too loose to be a real deterrent.
the entry of new players after deregulation is proof that the 4% tariff differential is not a Following the more effective Areeda-Turner test, Congressman Tinga has proposed to
heavy disincentive. redefine predatory pricing, viz.: "Predatory pricing means selling or offering to sell any
oil product at a price below the average variable cost for the purpose of destroying
3.ID.; ID.; ID.; ID.; DOES NOT VIOLATE EQUAL PROTECTION CLAUSE OF THE competition, eliminating a competitor or discouraging a competitor from entering the
CONSTITUTION BUT EXCLUDE FAIR AND EFFECTIVE COMPETITION. Public market." In light of its loose characterization in R.A. 8180 and the law's anti-competitive
respondents try to justify the 4% tariff differential on the ground that there is a provisions, we held that the provision on predatory pricing is constitutionally infirmed for
substantial difference between a refiner and an importer just as there is a difference it can be wielded more successfully by the oil oligopolists. Its cumulative effect is to add
between raw material and finished product. Obviously, the effort is made to demonstrate to the arsenal of power of the dominant oil companies.
that the unequal tariff does not violate the equal protection clause of the Constitution.
The effort only proves that the public respondents are still looking at the issue of tariff 6.REMEDIAL LAW; SUPREME COURT; DID NOT REVIEW THE WISDOM OF R.A.
differential from the wrong end of the telescope. Our Decision did not hold that the 4% NO. 8180 BUT MERELY DISCHARGED ITS BOUNDEN DUTY TO CHECK
tariff differential infringed the equal protection clause of the Constitution even as this CONSTITUTIONALITY OF LAWS. Public respondents insist on their thesis that the
was contended by petitioner Tatad. Rather, we held that said tariff differential cases at bar actually assail the wisdom of R.A. No. 8180 and that this Court should
substantially occluded the entry point of prospective players in the downstream oil refrain from examining the wisdom of legislations. They contend that R.A. No. 8180
industry. We further held that its inevitable result is to exclude fair and effective involves an economic policy which this Court cannot review for lack of power and
competition and to enhance the monopolists ability to tamper with the mechanism of a competence. The Court is aware that the principle of separation of powers prohibits the
free market. This consideration is basic in anti-trust suits and cannot be eroded by judiciary from interfering with the policy setting function of the legislature. For this
belaboring the inapplicable principle in taxation that different things can be taxed reason we italicized in our Decision that the Court did not review the wisdom of R.A. No.
differently. 8180 but its compatibility with the Constitution; the Court did not annul the economic
policy of deregulation but vitiated its aspects which offended the constitutional mandate
4.ID.; ID.; .ID.; MINIMUM INVENTORY REQUIREMENT; HIGH COST OF MEETING on fair competition. It is beyond debate that the power of Congress to enact laws does
REQUIREMENT HAS AN INHIBITING EFFECT ON OPERATIONS. The public not include the right to pass unconstitutional laws. In fine, the Court did not usurp the
respondents tenaciously defend the validity of the minimum inventory requirement. They power of Congress to enact laws but merely discharged its bounden duty to check the
aver that the requirement will not prejudice new players ". . . during their first year of constitutionality of laws when challenged in appropriate cases. Our Decision annulling
operation because they do not have yet annual sales from which the required minimum R.A. No. 8180 is justified by the principle of checks and balance.
inventory may be determined. Compliance with such requirement on their second and
succeeding years of operation will not be difficult because the putting up of storage
facilities in proportion to the volume of their business becomes an ordinary and
necessary business undertaking just as the case of importers of finished-products in 7.ID., ID., POWER TO PASS UPON CONSTITUTIONALITY LAWS DID NOT EXEMPT
other industries." The contention cannot convince for as well articulated by petitioner LAWS WITH ECONOMIC DIMENSIONS. We hold that the power and obligation of
Garcia, "the prohibitive cost of the required minimum inventory will not be any less this Court to pass upon the constitutionality of laws cannot be defeated by the fact that
burdensome on the second, third, fourth, etc. years of operations. Unlike most products the challenged law carries serious economic implications. This Court has struck down
which can be imported and stored with facility, oil imports require ocean receiving, laws abridging-the political and civil rights of our people even if it has to offend the other
storage facilities. Ocean receiving terminals are already very expensive, and to require more powerful branches of government. There is no reason why the Court cannot strike
new players to put up more than they need is to compound and aggravate their costs, down R.A. No. 8180 that violates the economic rights of our people even if it has to
and consequently their great disadvantage vis-a-vis the Big 3." Again, the argument on bridle the liberty of big business within reasonable bounds. The Constitution gave this
whether the minimum inventory requirement seriously hurts the new players is best Court the authority to strike down all laws that violate the Constitution. It did not exempt
settled by hearing the new players themselves In their motion for intervention, they from the reach of this authority laws with economic dimension.
implicitly confirmed that the high cost of meeting the inventory requirement has an
inhibiting effect in their operation and hence, they support the ruling of this Court striking
it down as unconstitutional. 8.CONSTITUTIONAL LAW; LEGISLATIVE DEPARTMENT; R.A. NO. 8180; CHOICE
OF DATE OF FULL DEREGULATION, A JUDGMENT CALL OF CONGRESS WHICH
CANNOT BE IMPUGNED BY THIS COURT. Petitioner has no basis in condemning
5.ID.; ID.; PREDATORY PRICING; DEFINITION TOO LOOSE TO BE DETERRENT. as unconstitutional per se the date fixed by Congress for the beginning of the full
As discussed, the provisions of R.A. No. 8180 on tariff differential and minimum deregulation of the downstream oil industry. Our Decision merely faulted the Executive
inventory erected high barriers to the entry of prospective players even as they raised for factoring the depletion of OPSF in advancing the date of full deregulation to
their new rivals' costs, thus creating the clear danger that the deregulated market in the
February 1997. Nonetheless, the error of the Executive is now a non-issue for the full in re-enacting R A. No. 8180 minus its provisions which are anti-competition. The Court
deregulation set by Congress itself at the end of March 1997 has already come to pass. agrees that our return to the regime of regulation has pernicious consequences and it
March 1997 is not an arbitrary date. By that date the transition period has ended and it specially sympathizes with the intervenors. Be that as it may, the Court is powerless to
was expected that the people would have adjusted to the role of market forces in prevent this return just as it is powerless to repeal the 10% tariff, differential of the Tariff
shaping the prices of petroleum and its products. The choice of March 1997 as the date Code. It is Congress that can a give all these remedies.
of full deregulation is a judgment of Congress and its judgment call cannot be impugned
by this Court. 12.ID.; SUPREME COURT, WITH NO PARTISAN POLITICAL THEOLOGY. When
the Court reviews the constitutionality of a law, it does not deal with the realities of
9.ID.; ID.; ID.; SEPARABILITY CLAUSE; INTENT OF THE LEGISLATURE SHOULD politics nor does it delve into the mysticism of politics. The Court has no partisan
BE CONSIDERED AND SHOULD NOT CLOTHE VALID PARTS WITH IMMUNITY political theology for as an institution it is at best apolitical, and at worse politically
FROM INVALIDATING EFFECT OF LAW. We cannot affirm the movants for to agnostic.
determine whether or not a particular provision is separable, the courts should consider
the intent of the legislature. It is true that most of the time, such intent is expressed in a 13.ID.; ID.; WITH THE UNYIELDING DUTY TO UPHOLD THE SUPREMACY OF THE
separability clause stating that the invalidity or unconstitutionality of any provision or CONSTITUTION. The Constitution mandates the regulation of monopolies and
section of the law will not affect the validity or constitutionality of the remainder. interdicts unfair competition. Thus, the Constitution provides a shield to the economic
Nonetheless, the separability clause only creates a presumption that the act is rights of our people, especially the poor. It is the unyielding duty of this Court to uphold
severable. It is merely an aid in statutory construction. It is not an inexorable command. the supremacy of the Constitution not with a mere wishbone but with a backbone that
A separability clause does not clothe the valid parts with immunity from the invalidating should neither bend nor break.
effect the law gives to the inseparable blending of the bad with the good. The
separability clause cannot also be applied if it will produce an absurd result. In sum if
the separation of the statute will defeat the intent of the legislature separation will not KAPUNAN, J., concurring and dissenting opinion:
take place despite the inclusion of a separability clause in the law.
1.CONSTITUTIONAL LAW; LEGISLATIVE DEPARTMENT; LEGISLATIVE POWER;
10.ID.; ID.; ID.; ID.; ID.; CASE AT BAR. In the case of Republic Act No. 8180, the STATUTES; SEPARABILITY CLAUSE; CONSTRUED. A separability clause states
unconstitutionality of the provisions on tariff differential, minimum inventory and that if for any reason, any section or provision of the statute is held to be
predatory pricing cannot but result in the unconstitutionality of the entire law despite its unconstitutional or (invalid), the other section(s) or provision(s) of the law shall not be
separability clause. These provisions cannot be struck down alone for they were the affected thereby. It is a legislative expression of intent that the nullity of one provision
ones intended to carry out the policy of the law embodied in Section 2 thereof. They shall not invalidate the other provisions of the act. Such a clause is not, however,
actually set the stage for the regime of deregulation where government will no longer controlling and the courts may, in spite of it, invalidate the whole statute where what is
intervene in fixing the price of oil and the operations of oil companies. It is conceded left, after the void part, is not complete and workable.
that the success of deregulation lies in a truly competitive market and there can be no
competitive market without the easy entry and exit of competitors. We held in our 2.ID.; ID.; ID.; ID.; ID.; CASE AT BAR. The three provisions declared void are
Decision that the provisions on 4% tariff differential, minimum inventory and predatory severable from the main statute and their removal therefrom would not affect the validity
pricing are anti-competition, and they are the key provisions of R.A. No. 8180. Without and enforceability of the remaining provisions of the said law R.A. 8180, sans the
these provisions in place, Congress could not have deregulated the downstream oil constitutionally infirmed portions, remains "complete in itself, sensible, capable of being
industry. To decree the partial unconstitutionality of R.A. 8180 will bring about an executed and wholly independent of (those) which (are) rejected. In other words,
absurdity a fully deregulated downstream oil industry where government is impotent despite the elimination of some of its parts; the law can still stand on its own.
to regulate run away prices, where the oil oligopolists can engage in cartelization
without competition, where prospective players cannot come in, and where new players
will close shop.
RESOLUTION
11.ID.; AN UNCONSTITUTIONAL LAW REVIVES THE LAWS IT HAS REPEALED.
It is sealed jurisprudence that the declaration of a law as unconstitutional revives the
laws that it has repealed. Stated otherwise, an unconstitutional law returns us to the
status quo ante and this return is beyond the power of the Court to stay. Under our PUNO, J p:
scheme of government, however, the remedy to prevent the revival of all unwanted
status quo ante lies with Congress. Congress can block the revival of the status quo For resolution are: (1) the motion for reconsideration filed by the public respondents;
ante or stop its continuation by immediately enacting the necessary remedial legislation. and (2) the partial motions for reconsideration filed by petitioner Enrique T. Garcia and
We emphasize that in the cases at bar, the Court did not condemn the economic policy the intervenors. 1
of deregulation as unconstitutional. It merely held that as crafted, the law runs counter
to the constitutional provision calling for fair competition. Thus, there is no impediment
In their Motion for Reconsideration, the public respondents contend: the exercise of delegated power must be done strictly in accord with the standard
provided in the law. They contend that the rule prohibits the Executive from subtracting
I but not from adding to the standard set by Congress. This hair splitting is a sterile
attempt to make a distinction when there is no difference. The choice and crafting of the
standard to guide the exercise of delegated power is part of the lawmaking process and
"Executive Order No. 392 is not a misapplication of Republic Act lies within the exclusive jurisdiction of Congress. The standard cannot be altered in any
No. 8180; way by the Executive for the Executive cannot modify the will of the Legislature. To be
sure, public respondents do not cite any authority to support its strange thesis for there
II is none in our jurisprudence.

Sections 5(b), 6 and 9(b) of Republic Act No. 8180 do not


contravene section 19, Article XII of the Constitution; and
The public respondents next recycle their arguments that sections 5(b), 6 and 9(b) of
III R.A. No. 8180 do not contravene section 19, Article XII of the Constitution. 3 They
reiterate that the 4% tariff differential would encourage the construction of new refineries
Sections 5(b), 6 and 9(b) of R.A. No. 8180 do not permeate the which will benefit the country for they use Filipino labor and goods. We have rejected
essence of the said law; hence their nullity will not vitiate the other this submission for a reality check will reveal that this 4% tariff differential gives a
parts thereof." llcd decisive edge to the existing oil companies even as it constitutes a substantial barrier to
the entry of prospective players. We do not agree with the public respondents that there
is no empirical evidence to support this ruling. In the recent hearing of the Senate
In their Motion for Reconsideration, the intervenors argue: Committee on Energy chaired by Senator Freddie Webb, it was established that the 4%
tariff differential on crude oil and refined petroleum importation gives a 20-centavo per
"2.1.1The total nullification of Republic Act No. 8180 restores the liter advantage to the three big oil companies over the new players. It was also found
disproportionate advantage of the three big oil firms that said tariff differential serves as a protective shield for the big oil companies. 4 Nor
Caltex, Shell and Petron over the small oil firms; do we approve public respondents' submission that the entry of new players after
deregulation is proof that the 4% tariff differential is not a heavy disincentive. Acting as
the mouthpiece of the new players, public respondents even lament that "unfortunately,
2.1.2The total nullification of Republic Act No. 8180 "disarms" the
the opportunity to get the answer right from the 'horses' mouth' eluded this Honorable
new entrants and seriously cripples their capacity to
Court since none of the new players supposedly adversely affected by the assailed
compete and grow; and
provisions came forward to voice their position." 5 They need not continue their
lamentation. The new players represented by Eastern Petroleum, Seaoil Petroleum
2.1.3Ultimately the total nullification of Republic Act No. 8180 Corporation, Subic Bay Distribution, Inc., TWA Inc., and DubPhil Gas have intervened in
removes substantial, albeit imperfect, barriers to the cases at bar and have spoken for themselves. In their motion for intervention, they
monopolistic practices and unfair competition and trade made it crystal clear that it is not their intention ". . . to seek the reversal of the Court's
practices harmful not only to movant-intervenors but also nullification of the 4% differential in section 5(b) nor of the inventory requirement of
to the public in general." section 6, nor of the prohibition of predatory pricing in section 9(b)." 6 They stressed
that they only protest the restoration of the 10% oil tariff differential under the Tariff
In his Partial Motion for Reconsideration, 2 petitioner Garcia prays that only the Code. 7 The horse's mouth therefore authoritatively tells us that the new players
provisions of R.A. No. 8180 on the 4% tariff differential, predatory pricing and minimum themselves consider the 4% tariff differential in R.A. No. 8180 as oppressive and should
inventory be declared unconstitutional. He cites the "pernicious effects" of a total be nullified.
declaration of unconstitutionality of R.A. No. 8180. He avers that "it is very problematic .
. . if Congress can fasttrack an entirely new law." To give their argument a new spin, public respondents try to justify the 4% tariff
differential on the ground that there is a substantial difference between a refiner and an
We find no merit in the motions for reconsideration and partial motion for importer just as there is a difference between raw material and finished product.
reconsideration. Obviously, the effort is made to demonstrate that the unequal tariff does not violate the
equal protection clause of the Constitution. The effort only proves that the public
respondents are still looking at the issue of tariff differential from the wrong end of the
We shall first resolve public respondents' motion for reconsideration. They insist that
telescope. Our Decision did not hold that the 4% tariff differential infringed the equal
there was no misapplication of Republic Act No. 8180 when the Executive considered
protection clause of the Constitution even as this was contended by petitioner Tatad. 8
the depletion of the OPSF in advancing the date of full deregulation of the downstream
Rather, we held that said tariff differential substantially occluded the entry point of
oil industry. They urge that the consideration of this factor did not violate the rule that
prospective players in the downstream oil industry. We further held that its inevitable
result is to exclude fair and effective competition and to enhance the monopolists' ability structured, it has no more than the strength of a spider web it can catch the weak but
to tamper with the mechanism of a free market. This consideration is basic in anti-trust cannot catch the strong; it can stop the small oil players but cannot stop the big oil
suits and cannot be eroded by belaboring the inapplicable principle in taxation that players from engaging in predatory pricing.
different things can be taxed differently.
Public respondents insist on their thesis that the cases at bar actually assail the wisdom
The public respondents tenaciously defend the validity of the minimum inventory of RA. No. 8180 and that this Court should refrain from examining the wisdom of
requirement. They aver that the requirement will not prejudice new players ". . . during legislations. They contend that R.A. No. 8180 involves an economic policy which this
their first year of operation because they do not have yet annual sales from which the Court cannot review for lack of power and competence. To start with, no school of
required minimum inventory may be determined. Compliance with such requirement on scholars can claim any infallibility. Historians with undefiled learning have chronicled 14
their second and succeeding years of operation will not be difficult because the putting over the years the disgrace of many economists and the fall of one economic dogma
up of storage facilities in proportion to the volume of their business becomes an ordinary after another. Be that as it may, the Court is aware that the principle of separation of
and necessary business undertaking just as the case of importers of finished products powers prohibits the judiciary from interfering with the policy setting function of the
in other industries." 9 The contention is an old one although it is purveyed with a new legislature. 15 For this reason we italicized in our Decision that the Court did not review
lipstick. The contention cannot convince for as well articulated by petitioner Garcia, "the the wisdom of R.A. No. 8180 but its compatibility with the Constitution; the Court did not
prohibitive cost of the required minimum inventory will not be any less burdensome on annul the economic policy of deregulation but vitiated its aspects which offended the
the second, third, fourth, etc. years of operations. Unlike most products which can be constitutional mandate on fair competition. It is beyond debate that the power of
imported and stored with facility, oil imports require ocean receiving, storage facilities. Congress to enact laws does not include the right to pass unconstitutional laws. In fine,
Ocean receiving terminals are already very expensive, and to require new players to put the Court did not usurp the power of Congress to enact laws but merely discharged its
up more than they need is to compound and aggravate their costs, and consequently bounden duty to check the constitutionality of laws when challenged in appropriate
their great disadvantage vis-a-vis the Big 3." 10 Again, the argument on whether the cases. Our Decision annulling R.A. No. 8180 is justified by the principle of check and
minimum inventory requirement seriously hurts the new players is best settled by balance.
hearing the new players themselves. In their motion for intervention, they implicitly
confirmed that the high cost of meeting the inventory requirement has an inhibiting We hold that the power and obligation of this Court to pass upon the constitutionality of
effect in their operation and hence, they support the ruling of this Court striking it down laws cannot be defeated by the fact that the challenged law carries serious economic
as unconstitutional. implications. This Court has struck down laws abridging the political and civil rights of
our people even if it has to offend the other more powerful branches of the government.
Public respondents still maintain that the provision on predatory pricing does not offend There is no reason why the Court cannot strike down R.A. No. 8180 that violates the
the Constitution. Again, their argument is not fresh though embellished with citations of economic rights of our people even if it has to bridle the liberty of big business within
cases in the United States sustaining the validity of sales-below-costs statutes. 11 A reasonable bounds. In Alalayan vs. National Power Corporation 16 the Court, speaking
quick look at these American cases will show that they are inapplicable. R.A. No. 8180 thru Mr. Chief Justice Enrique M. Fernando, held:
has a different cast. As discussed, its provisions on tariff differential and minimum
inventory erected high barriers to the entry of prospective players even as they raised "2.Nor is petitioner anymore successful in his plea for the
their new rivals' costs, thus creating the clear danger that the deregulated market in the nullification of the challenged provision on the ground of his being
downstream oil industry will not operate under an atmosphere of free and fair deprived of the liberty to contract without due process of law.
competition. It is certain that lack of real competition will allow the present oil oligopolists
to dictate prices, 12 and can entice them to engage in predatory pricing to eliminate
rivals. The fact that R.A. No. 8180 prohibits predatory pricing will not dissolve this clear
danger. In truth, its definition of predatory pricing is too loose to be a real deterrent.
Thus, one of the law's principal authors, Congressman Dante O. Tinga filed H.B. No. It is to be admitted of course that property rights find shelter in specific
10057 where he acknowledged in its explanatory note that "the definition of predatory constitutional provisions, one of which is the due process clause. It is
pricing . . . needs to be tightened up particularly with respect to the definitive benchmark equally certain that our fundamental law framed at a time of "surging unrest
price and the specific anti-competitive intent. The definition in the bill at hand which was and dissatisfaction," when there was the fear expressed in many quarters
taken from the Areeda-Turner test in the United States on predatory pricing resolves the that a constitutional democracy, in view of its commitment to the claims of
questions." Following the more effective Areeda-Turner test, Congressman Tinga has property, would not be able to cope effectively with the problems of poverty
proposed to redefine predatory pricing, viz.: "Predatory pricing means selling or offering and misery that unfortunately afflict so many of our people, is not
to sell any oil product at a price below the average variable cost for the purpose of susceptible to the indictment that the government therein established is
destroying competition, eliminating a competitor or discouraging a competitor from impotent to take the necessary remedial measures. The framers saw to
entering the market." 13 In light of its loose characterization in R.A. 8180 and the law's that. The welfare state concept is not alien to the philosophy of our
anti-competitive provisions, we held that the provision on predatory pricing is Constitution. It is implicit in quite a few of its provisions. It suffices to
constitutionally infirmed for it can be wielded more successfully by the oil oligopolists. Its mention two.
cumulative effect is to add to the arsenal of power of the dominant oil companies. For as
There is the clause on the promotion of social justice to ensure the well- jurisdiction and would easily compute the monthly price ceiling,
being and economic security of all the people, as well as the pledge of based on SPP, of each and every petroleum fuel product, effective
protection to labor with the specific authority to regulate the relations upon finality of this Court's favorable resolution on this motion for
between landowners and tenants and between labor and capital. This partial reconsideration.
particularized reference to the rights of working men whether in industry
and agriculture certainly cannot preclude attention to and concern for the 5.2Best of all, the oil deregulation can continue uninterrupted without
rights of consumers, who are the objects of solicitude in the legislation now the three other assailed provisions, namely, the 4% tariff differential,
complained of. The police power as an attribute to promote the common predatory pricing and minimum inventory.
weal would be diluted considerably of its reach and effectiveness if on the
mere pleas that the liberty to contract would be restricted, the statute
complained of may be characterized as a denial of due process. The right 6.We further humbly submit that a favorable resolution on this
to property cannot be pressed to such an unreasonable extreme. motion for partial reconsideration would be consistent with public
interest.
It is understandable though why business enterprises, not
unnaturally evincing lack of enthusiasm for police power legislation 6.1In consequence, new players that have already come in can
that affect them adversely and restrict their profits could predicate uninterruptedly continue their operations more competitively and
alleged violation of their rights on the due process clause, which as bullishly with an even playing field.
interpreted by them is a bar to regulatory measures. Invariably, the
response from this Court, from the time the Constitution was 6.2Further, an even playing field will attract many more new players
enacted, has been far from sympathetic. Thus, during the to come in a much shorter time.
Commonwealth, we sustained legislations providing for collective
bargaining, security of tenure, minimum wages, compulsory 6.3Correspondingly, Congress does not anymore have to pass a
arbitration, and tenancy regulation. Neither did the objections as to new deregulation law, thus it can immediately concentrate on just
the validity of measures regulating the issuance of securities and amending R.A. No. 8180 to abolish the OPSF, on the government's
public services prevail." assumption that it is necessary to do so. Parenthetically, it is
neither correct nor fair for high government officials to criticize and
The Constitution gave this Court the authority to strike down all laws that violate the blame the Honorable Court on the OPSF, considering that said
Constitution. 17 It did not exempt from the reach of this authority laws with economic OPSF is not inherent in nor necessary to the transition period and
dimension. A 20-20 vision will show that the grant by the Constitution to this Court of may be removed at any time.
this all important power of review is written without any fine print.
6.4In as much as R.A. No. 8180 would continue to be in place
The next issue is whether the Court should only declare as unconstitutional the (sans its unconstitutional provisions), only the Comprehensive Tax
provisions of R.A. No. 8180 on 4% tariff differential, minimum inventory and predatory Reform Package (CTRP) would be needed for the country to exit
pricing. from IMF by December 1997.

Positing the affirmative view, petitioner Garcia proffered the following arguments: 7.The Court, in declaring the entire R.A. No. 8180 unconstitutional,
was evidently expecting that Congress "can fasttrack the writing of
"5.Begging the kind indulgence and benign patience of the Court, a new law on oil deregulation in accord with the Constitution"
we humbly submit that the unconstitutionality of the aforementioned (Decision, p. 38). However, it is very problematic, to say the least, if
provisions of R.A. No. 8180 implies that the other provisions are Congress can fasttrack an entirely new law.
constitutional. Thus, said constitutional provisions of R.A. No. 8180
may and can very well be spared. 7.1There is already limited time for Congress to pass

5.1With the striking down of 'ultimately full deregulation,' we will 8.Furthermore, if the entire R.A. No. 8180 remains nullified as
simply go back to the transition period under R.A. 8180 which will unconstitutional, pernicious effects will happen:
continue until Congress enacts an amendatory law for the start of full
oil deregulation in due time, when free market forces are already in 8.1Until the new oil deregulation law is enacted, we would have to go back
place. In turn, the monthly automatic price control mechanism based to the old law. This means full regulation, i.e., higher tariff differential of
on Singapore Posted Prices (SPP) will be revived. The Energy 10%, higher petroleum product price ceilings based on transfer prices of
Regulatory Board (ERB), which still exists, would re-acquire
imported crude oil, and restrictions on the importation of refined petroleum gasoline products which are used mostly by consumers
products that would be allowed only if there are shortages, etc. who belong to the upper income group, and (c) the issue
of wiping out the deficit of P2.6 billion and creating a
8.2In consequence of the above, the existing new players, would have to subsidy fund in the Oil Price Stabilization Fund;
totally stop their operations.
2.Importers, traders, and industrial end-users like the National
8.3The existing new players would find themselves in a bind on how to Power Corporation will be constrained to source their oil
fulfill their contractual obligations, especially on their delivery commitments requirement only from existing oil companies because of
of petroleum fuel products. They will be in some sort of "limbo" upon the the higher tariff on imported refined petroleum products
nullification of the entire R.A. No. 8180. and restrictions on such importation that would be allowed
only if there are shortages;
8.4The investments that existing new players have already made would
become idle and unproductive. All their planned additional investments 3.Government control and regulation of all the activities of the oil
would be put on hold. industry will discourage prospective investors and drive
away the existing new players;
8.5Needless to say, all this would translate into tremendous losses for
them. 4.All expansion and investment programs of the oil companies and
new players will be shelved indefinitely;
8.6And obviously, prospective new players cannot and will not come in.
5.Petitions for price adjustments should be filed and approved by
the ERB."
8.7On top of everything, public interest will suffer. Firstly, the oil
deregulation program will be delayed. Secondly, the prices of petroleum
products will be higher because of price ceilings based on transfer
imported crude.
Joining the chorus, the intervenors contend that:
9.When it passed R.A. No. 8180, Congress provided a safeguard
against the possibility that any of its provisions could be declared "2.1.1The total nullification of Republic Act No. 8180 restores the
unconstitutional, thus the separability clause thereof, which the disproportionate advantage of the three big oil firms Caltex, Shell
Court noted (Decision, p. 29). We humbly submit that this is and Petron over the small oil firms;
another reason to grant the motion for partial reconsideration.
2.1.2The total nullification of Republic Act No. 8180 "disarms" the
In his Supplement to Urgent Motion for Partial Reconsideration, petitioner Garcia new entrants and seriously cripples their capacity to compete and
amplified his contentions. grow; and

In a similar refrain, the public respondents contend that the "unmistakable intention of 2.1.3Ultimately, the total nullification of Republic Act No. 8180
Congress" is to make each and every provision of RA. No. 8180 "independent and removes substantial, albeit imperfect, barriers to monopolistic
separable from one another." To bolster this proposition, they cite the separability practices and unfair competition and trade practices harmful not
clause of the law and the pending bills in Congress proposing to repeal said offensive only to movant-intervenors but also to the public in general."
provisions but not the entire law itself. They also recite the "inevitable consequences of
the declaration of unconstitutionality of R.A. No. 8180" as follows: The intervenors further aver that under a regime of regulation, (1) the big
oil firms can block oil importation by the small oil firms; (2) the big oil firms can
"1.There will be bigger price adjustments in petroleum products due block the expansion and growth of the small oil firms. They likewise submit that the
to (a) the reimposition of the higher tariff rates for imported provisions on tariff differential, minimum inventory, and predatory pricing are
crude oil and imported refined petroleum products [10%- separable from the body of R.A. No. 8180 because of its separability clause. They
20%], (b) the uncertainty regarding R.A. 8184, or the "Oil also allege that their separability is further shown by the pending bills in Congress
Tariff Law," which simplified tax administration by lowering which only seek the partial repeal of R.A. No. 8180.
the tax rates for socially-sensitive products such as LPG,
diesel, fuel oil and kerosene, and increasing tax rates of
We shall first resolve petitioner Garcia's linchpin contention that the full deregulation They actually set the stage for the regime of deregulation where government will no
decreed by R.A. No. 8180 to start at the end of March 1997 is unconstitutional. For longer intervene in fixing the price of oil and the operations of oil companies. It is
prescinding from this premise, petitioner suggests that "we simply go back to the conceded that the success of deregulation lies in a truly competitive market and there
transition period under R.A. No. 8180. Under the transition period, price control will be can be no competitive market without the easy entry and exit of competitors. No less
revived through the automatic pricing mechanism based on Singapore Posted Prices. than President Fidel V. Ramos recognized this matrix when he declared that the need is
The Energy Regulatory Board . . . would play a limited and ministerial role of computing to ". . . recast our laws on trust, monopolies, oligopolies, cartels and combinations
the monthly price ceiling of each and every petroleum fuel product, using the automatic injurious to public welfare to restore competition where it has disappeared and to
pricing formula. While the OPSF would return, this coverage would be limited to monthly preserve it where it still exists. In a word, we need to perpetuate competition as a
price increases in excess of P0.50 per liter." system to regulate the economy and achieve global product quality." 21

We are not impressed by petitioner Garcia's submission. Petitioner has no basis in We held in our Decision that the provisions on 4% tariff differential, minimum inventory
condemning as unconstitutional per se the date fixed by Congress for the beginning of and predatory pricing are anti-competition, and they are the key provisions of R.A. No.
the full deregulation of the downstream oil industry. Our Decision merely faulted the 8180. Without these provisions in place, Congress could not have deregulated the
Executive for factoring the depletion of OPSF in advancing the date of full deregulation downstream oil industry. Consider the 4% tariff differential on crude oil and refined
to February 1997. Nonetheless, the error of the Executive is now a non-issue for the full petroleum. Before R.A. No. 8180, 22 there was a ten-point difference between the tariff
deregulation set by Congress itself at the end of March 1997 has already come to pass. imposed on crude oil and that on refined petroleum. Section 5(b) of R.A. No. 8180
March 1997 is not an arbitrary date. By that date, the transition period has ended and it lowered the difference to four by imposing a 3% tariff on crude oil and a 7% tariff on
was expected that the people would have adjusted to the role of market forces in refined petroleum. We ruled, however, that this reduced tariff differential is
shaping the prices of petroleum and its products. The choice of March 1997 as the date unconstitutional for it still posed a substantial barrier to the entry of new players and
of full deregulation is a judgment of Congress and its judgment call cannot be impugned enhanced the monopolistic power of the three existing oil companies. The ruling that the
by this Court. 4% differential is unconstitutional will unfortunately revive the 10% tariff differential of
the Tariff and Customs Code. The high 10% tariff differential will certainly give a bigger
We come to the submission that the provisions on 4% tariff differential, minimum edge to the three existing oil companies, will form an insuperable barrier to prospective
inventory and predatory pricing are separable from the body of R.A. No. 8180, and players, and will drive out of business the new players. Thus, there can be no question
hence, should alone be declared as unconstitutional. In taking this position, the movants that Congress will not allow deregulation if the tariff is 10% on crude oil and 20% on
rely heavily on the separability provision of R.A. No. 8180. We cannot affirm the refined petroleum. To decree the partial unconstitutionality of R.A. No. 8180 will bring
movants for to determine whether or not a particular provision is separable, the courts about an absurdity a fully deregulated downstream oil industry where government is
should consider the intent of the legislature. It is true that most of the time, such intent is impotent to regulate run away prices, where the oil oligopolists can engage in
expressed in a separability clause stating that the invalidity or unconstitutionality of any cartelization without competition, where prospective players cannot come in, and where
provision or section of the law will not affect the validity or constitutionality of the new players will close shop. LLjur
remainder. Nonetheless, the separability clause only creates a presumption that the act
is severable. It is merely an aid in statutory construction. It is not an inexorable We also reject the argument that the bills pending in Congress merely seek to remedy
command. 18 A separability clause does not clothe the valid parts with immunity from the partial defects of R.A. No. 8180, and that this is proof that R.A. No. 8180 can be
the invalidating effect the law gives to the inseparable blending of the bad with the good. declared unconstitutional minus its offensive provisions. We referred to the pending bills
The separability clause cannot also be applied if it will produce an absurd result. 19 In in Congress in our Decision only to show that Congress itself is aware of the various
sum, if the separation of the statute will defeat the intent of the legislature, separation defects of the law and not to prove the inseparability of the offending provisions from the
will not take place despite the inclusion of a separability clause in the law. 20 body of R.A. No. 8180. To be sure, movants even overlooked the fact that resolutions
have been filed in both Houses of Congress calling for a total review of R.A. No. 8180.
In the case of Republic Act No. 8180, the unconstitutionality of the provisions on tariff
differential, minimum inventory and predatory pricing cannot but result in the The movants warn that our Decision will throw us back to the undesirable regime of
unconstitutionality of the entire law despite its separability clause. These provisions regulation. They emphasize its pernicious consequences the revival of the 10% tariff
cannot be struck down alone for they were the ones intended to carry out the policy of differential which will wipe out the new players, the return of the OPSF which is too
the law embodied in section 2 thereof which reads: burdensome to government, the unsatisfactory scheme of price regulation by the ERB,
etc. To stress again, it is not the will of the Court to return even temporarily to the
Sec. 2.Declaration of Policy. It shall be the policy of the State to regime of regulation. If we return to the regime of regulation, it is because it is the
deregulate the downstream oil industry to foster a truly competitive inevitable consequence of the enactment by Congress of an unconstitutional law, R.A.
market which can better achieve the social policy objectives of fair No. 8180. It is settled jurisprudence that the declaration of a law as unconstitutional
prices and adequate, continuous supply of environmentally-clean revives the laws that it has repealed. Stated otherwise, an unconstitutional law returns
and high-quality petroleum products. us to the status quo ante and this return is beyond the power of the Court to stay. Under
our scheme of government, however, the remedy to prevent the revival of an unwanted
status quo ante lies with Congress. Congress can block the revival of the status quo
ante or stop its continuation by immediately enacting the necessary remedial legislation. A weak and developing country like the Philippines cannot risk a downstream oil
We emphasize that in the cases at bar, the Court did not condemn the economic policy industry controlled by a foreign oligopoly that can run riot. Oil is our most socially
of deregulation as unconstitutional. It merely held that as crafted, the law runs counter sensitive commodity and for it to be under the control of a foreign oligopoly without
to the constitutional provision calling for fair competition. 23 Thus, there is no effective competitors is a clear and present danger. A foreign oil oligopoly can
impediment in re-enacting R.A. No. 8180 minus its provisions which are anti- undermine the security of the nation; it can exploit the economy if greed becomes its
competition. The Court agrees that our return to the regime of regulation has pernicious creed; it will have the power to drive the Filipino to a prayerful pose. Under a
consequences and it specially sympathizes with the intervenors. Be that as it may, the deregulated regime, the people's only hope to check the overwhelming power of the
Court is powerless to prevent this return just as it is powerless to repeal the 10% tariff foreign oil oligopoly lies on a market where there is fair competition. With prescience,
differential of the Tariff Code. It is Congress that can give all these remedies. 24 the Constitution mandates the regulation of monopolies and interdicts unfair
competition. Thus, the Constitution provides a shield to the economic rights of our
Petitioner Garcia, however, injects a non-legal argument in his motion for partial people, especially the poor. It is the unyielding duty of this Court to uphold the
reconsideration. He avers that "given the 'realities' of politics, especially with the 1998 supremacy of the Constitution not with a mere wishbone but with a backbone that
presidential polls six months away, it is not far-fetched that the general welfare could be should neither bend nor break.
sacrificed to gain political mileage, thus further unduly delaying the enactment of a new
oil deregulation law." The short answer to petitioner Garcia's argument is that when the IN VIEW WHEREOF, the Motions for Reconsideration of the public respondents and of
Court reviews the constitutionality of a law, it does not deal with the realities of politics the intervenors as well as the Partial Motion for Reconsideration of petitioner Enrique
nor does it delve into the mysticism of politics. The Court has no partisan political Garcia are DENIED for lack of merit.
theology for as an institution it is at best apolitical, and at worse, politically agnostic. In
any event, it should not take a long time for Congress to enact a new oil deregulation SO ORDERED.
law given its interest for the welfare of our people. Petitioner Garcia himself has been
quoted as saying that ". . . with the Court's decision, it would now be easy for Congress
to craft a new law, considering that lawmakers will be guided by the Court's points." 25 Regalado, Davide, Jr., Romero, Bellosillo, Vitug, Mendoza and Panganiban, JJ .,
Even before our Decision, bills amending the offensive provisions of R.A. No. 8180 concur.
have already been filed in the Congress and under consideration by its committees.
Speaker Jose de Venecia has assured after a meeting of the Legislative-Executive Narvasa, C .J ., took no part; on official leave when the case was deliberated.
Advisory Council (LEDAC) that: "I suppose before Christmas, we should be able to pass
a new oil deregulation law." 26 The Chief Executive himself has urged the immediate Martinez, J ., took no part; not yet a member of the Court when the case was
passage of a new and better oil deregulation law. 27 deliberated.

Francisco and Melo, JJ ., maintain their dissent.

Finally, public respondents raise the scarecrow argument that our Decision will drive
away foreign investors. In response to this official repertoire, suffice to state that our Separate Opinions
Decision precisely levels the playing field for foreign investors as against the three
dominant oil oligopolists. No less than the influential Philippine Chamber of Commerce
and Industry whose motive is beyond question, stated thru its Acting President Jaime KAPUNAN, J ., concurring and dissenting:
Ladao that ". . . this Decision, in fact tells us that we are for honest-to-goodness
competition." Our Decision should be a confidence booster to foreign investors for it Brought before us are the motions for reconsideration of public respondents and the
assures them of an effective judicial remedy against an unconstitutional law. There is partial motions for reconsideration of petitioner Enrique T. Garcia and the movants-in-
need to attract foreign investment but the policy has never been foreign investment at intervention. The majority, acting on the motions, resolves to deny the same for lack of
any cost. We cannot trade-in the Constitution for foreign investment. It is not economic merit. With due respect, I concur in part and dissent in part.
heresy to hold that trade-in is not a fair exchange.

At the outset let me clarify that, although I concurred with the enlightened ponencia of
To recapitulate, our Decision declared R.A. No. 8180 unconstitutional for three reasons: Mr. Justice Reynato S. Puno in the decision sought to be reconsidered. I did not go
(1) it gave more power to an already powerful oil oligopoly; (2) it blocked the entry of along with his conclusion declaring the Downstream Oil Industry Deregulation Act (R A.
effective competitors; and (3) it will sire an even more powerful oligopoly whose No. 8180) unconstitutional in its entirety. In the dispositive portion of my separate
unchecked power will prejudice the interest of the consumers and compromise the opinion, I explicitly stated that only the three anti-competition provisions of the said law
general welfare. should be deemed unconstitutional. The rest of the law, free from the taint of
unconstitutionality, should remain in force and effect in view of the separability clause
contained therein. 1
Let me explain. A separability clause states that if for any reason, any section or monopolistic power and interfere with the free interaction of market
provision of the statute is held to be unconstitutional or (invalid), the other section(s) or forces. 5
provision(s) of the law shall not be affected thereby. 2 It is a legislative expression of
intent that the nullity of one provision shall not invalidate the other provisions of the act. I beg to disagree.
Such a clause is not, however, controlling and the courts may, in spite of it, invalidate
the whole statute where what is left, after the void part, is not complete and workable. 3
The three provisions declared void are severable from the main statute and their
removal therefrom would not affect the validity and enforceability of the remaining
The rules on statutory construction, thus, prescribe that: provisions of the said law. R.A. No. 8180, sans the constitutionally infirmed portions,
remains "complete in itself, sensible, capable of being executed and wholly independent
The general rule is that where part of a statute is void as repugnant of (those) which (are) rejected. 6 In other words, despite the elimination of some of its
to the Constitution, while another part is valid, the valid portion, if parts, the law can still stand on its own.
separable from the invalid, may stand and be enforced. The
presence of a separability clause in a statute creates the The crucial test is to determine if expulsion of the assailed provisions cripples the whole
presumption that the legislature intended separability, rather than statute, so much so, that it is no longer expressive of the legislative will and could no
complete nullity, of the statute. To justify this result, the valid portion longer carry out the legislative purpose.
must be so far independent of the invalid portion that it is fair to
presume that the legislature would have enacted it by itself if it had
supposed that it could not constitutionally enact the other. Enough The principal intent of R.A. No. 8180 is to open the country's oil market to fair and free
must remain to make a complete, intelligible, and valid statute competition and the three provisions are assailed precisely because they are anti-
which carries out the legislative intent. The void provisions must be competition and they obstruct the entry of new players. Therefore, in order to make the
eliminated without causing results affecting the main purpose of the deregulation law work, it is imperative that the anti-competition provisions found therein
act in a manner contrary to the intention of the legislature. The be taken out. In other words, it is only through the "separation" of these provisions that
language used in the invalid part of the statute can have no legal the deregulation would be able to fully realize its objective.
effect or efficacy for any purpose whatsoever, and what remains
must express the legislative will independently of the void part, Take the tariff provision for instance. The repudiation of the tariff differential will not
since the court has no power to legislate. revive the 10% and 20% tariff rates. What is being discarded is the differential not the
tariff itself, hence, the removal of the 4% differential would result in the imposition of a
The exception to the general rule is that when the parts of a statute single uniform tariff rate on the importation of both crude oil and refined petroleum
are so mutually dependent and connected, as conditions, products at 3% as distinctly and deliberately set in sec. 5(b) of R.A. No. 8180 itself. The
considerations, inducements, or compensations for each other, as tariff provision which, admittedly, is among the "principal props" of R.A. No. 8180
to warrant a belief that the legislature intended them as a whole the remains intact in substance and the elimination of the tariff differential would, in effect,
nullity of one part will vitiate the rest. In making the parts of the transform it into one of the statute's "vouchsafing provisions," a tool to effectively carry
statute dependent, conditional, or connected with one another, the out the legislative intent of fostering a truly competitive market.
legislature intended the statute to be carried out as a whole and
would not have enacted it if one part is void, in which case if some There is no question that the legislature intended a single uniform tariff rate for imported
parts are unconstitutional, all the other provisions thus dependent, crude oil and imported petroleum products. This is obvious from the proviso contained
conditional, or connected must fall with them. 4 in Sec. 5(b) 7 of R.A. No. 8180 which specifically states that:

However, in the instant case, the exception rather than the general rule was applied. Provided, That beginning on January 1, 2004 the tariff rate on
The majority opinion enunciated, thus: imported crude oil and refined petroleum products shall be the
same: Provided, further, That this provision maybe amended only
This separability clause not withstanding, we hold that the offending by an Act of Congress.
provisions of R.A. No. 8180 so permeate its essence that the entire
law has to be struck down. The provisions on tariff differential, although said proviso equalizing the tariff rate takes effect on January 1, 2004.
inventory and predatory pricing are among the principal props of' However, the nullification of the tariff differential renders the prospective effectivity
R.A. No. 8180. Congress could not have deregulated the of the rate equalization irrelevant and superfluous. Naturally, there would no longer
downstream oil industry without these provisions. Unfortunately, be any basis for postponing the leveling of the tariff rate to a later date. The
contrary to their intent, these provisions on tariff differential, provision that the tariff rate shall be equalized on January 1, 2004 is premised on
inventory and predatory pricing inhibit fair competition, encourage the validity of the tariff differential, without which there is nothing to equalize. Stated
differently, the imposition of a single uniform tariff rate on imported crude oil and
imported petroleum products is to take effect immediately. A different way of Another barrier to equalization concerns the expansion of services
interpreting the law would be less than faithful to the legislative intent to enhance of small players. Under the regulated regime, expansion of facilities
free competition in the oil industry for the purpose of obtaining fair prices for high- was also under the control of the EIAB. Any person wishing to build
quality petroleum products. and establish or operate, remodel or refurbish any retail outlet for
petroleum products had to obtain approval from the EIAB. Copies
of applications filed with the EIAB had to be given to competing oil
companies which, under the rules, were allowed to file their
The provision requiring a minimum inventory was similarly found by the majority to be opposition. The EIAB was duty bound to evaluate the applications
anti-competition. Its exclusion, therefore, would not have any deleterious effect on the against the opposition. This rule made it possible for the big players
oil deregulation law. On the contrary, the essence of R.A. No. 8180, which is free and to block the expansion of competing facilities. 8
fair competition is preserved.
These barriers were eradicated by R.A. No. 8180, as expressly mandated in Sec. 5(a)
The same rationale applies to the provision concerning predatory pricing and may be thereof:
subsumed (at least in the meantime pending the amendment of the law) under Sec.
9(a).
SEC. 5.Liberalization of Downstream Oil Industry and Tariff
Treatment. a) Any law to the contrary notwithstanding, any
SEC. 9.Prohibited Acts. To ensure fair competition and prevent person or entity may import or purchase any quantity of crude oil
cartels and monopolies in the downstream oil industry, the following and petroleum products from a foreign or domestic source, lease or
acts are hereby prohibited: own and operate refineries and other downstream oil facilities and
market such crude oil and petroleum products either in a generic
a)Cartelization which means any agreement, combination name or its own trade name, or use the same for his own
or concerted action by refiners and/or importers or their requirement: Provided, That any person or entity who shall engage
representatives to fix prices, restrict outputs or divide in any such activity shall give prior notice thereof to the DOE for
markets, either by products or by areas, or allocating monitoring purposes: Provided, further, That such notice shall not
markets, either by products or by areas, in restraint of exempt such person or entity from securing certificates of quality,
trade or free competition; and health and safety and environmental clearance from the proper
governmental agencies: Provided, furthermore, That such person
or entity shall, for monitoring purposes, report to the DOE his or its
xxx xxx xxx
every importation/exportation: Provided, finally, That all oil
importations shall be in accordance with the Basel Convention.
The answer is not the wholesale rejection of R.A. No. 8180. To strike down the whole
statute would go against the very ideal that our country is striving for. The goal is to
xxx xxx xxx
unshackle the oil industry from the restraints of regulation. To declare R.A. No. 8180
void in its entirety would bring us back to where we started. Worse, as pointed out by
the eminent constitutionalist, Joaquin G. Bernas, SJ, the hardest hit would be the few The nullification of the whole law would, therefore, considerably jeopardize the chances
new players who have entered the oil business and have begun investing in our country of the new entrants to survive and remain competitive in the market.
under the deregulated regime. He expounds, thus:
As a consequence thereof, Eastern Petroleum Corp., Seaoil Petroleum Corp., Subic
. . . Under the regulated regime, importation of oil was controlled by Bay Distribution, Inc., TWA, Inc. and Dubphil Gas, which are some of the oil industry's
the Energy Industry Administrative Bureau (EIAB). The procedure new entrants, filed a motion for intervention on 18 November 1997 urging the Court to
followed was that, whenever there was an application to import oil reconsider its decision declaring the whole R.A. No. 8180 unconstitutional. The
products, the EIAB was required to inform the oil companies of the intervenors raise similar apprehensions concerning the power of the existing oil firms
proposed importation in order to give them the option to match the under the regulated industry, to block the importation of petroleum products by the small
desired importation with locally available products. Equivalently, oil companies and likewise impede their expansion and growth. 9
therefore, the large oil companies could block imports by the
smaller players. Even the public respondents in their motion for reconsideration concede that if R.A. No.
8180 should be declared unconstitutional, the unconstitutionality is partial, that is, only
xxx xxx xxx the three (3) anti-competition provisions should be declared void. Public respondents,
thus, opine:
Thus, even assuming that the assailed provisions are Likewise, the DOE is endowed with monitoring powers as mandated in Sec. 6 of R.A.
constitutionally defective, they cannot be that contagious as to No. 8180:
infect or contaminate the other valid parts of the law which are
complete in themselves, or capable of bringing about the full SEC. 8.Monitoring. The DOE shall monitor and publish daily
deregulation of the oil industry. LLphil international oil prices to enable the public to determine whether
current market oil prices are reasonable. It shall likewise monitor
To apply the exception to the general rule of separability will require the quality of petroleum products and stop the operation of
a clear and overwhelming demonstration which will erase any and businesses involved in the sale of petroleum products which do not
all doubts on the unconstitutionality of R.A. 8180. comply with the national standards of quality. The Bureau of
Product Standards (BPS), in coordination with DOE, shall set
Moreover, the separable and independent character of the assailed national standards of quality that are aligned with the international
provisions may be inferred from the various bills filed by leading standards/protocols of quality.
legislators which, as noted by the Honorable Court, seek "the
repeal of this odious and offensive provisions in R.A. No. 8180." In The DOE shall monitor the refining and manufacturing processes of
fact, the original as well as the final versions of House Bill No. 5264 local petroleum products to ensure that clean and safe
and Senate Bill No. 1253, which later became R.A. 8180, did not (environment and worker-benign) technologies are applied. This
contain any tariff differential. shall also apply to the process of marketing local and imported
petroleum products.
The foregoing instances clearly demonstrate that the assailed
provisions were indeed separable and independent of the other The DOE shall maintain in a periodic schedule of present and
provisions of R.A. 8180 and Congress did not consider the same to future total industry inventory of petroleum products for the purpose
be that indispensable, without which Congress would not have of determining the level of supply. To implement this, the importers,
passed R.A. 8180 into law. 10 refiners, and marketers are hereby required to submit monthly to
the DOE their actual and projected importations, local purchases,
The public need not fear that prices of petroleum products, particularly gasoline, will sales and/or consumption, and inventory on a per crude/product
soar if R.A. No. 8180 is declared only partially unconstitutional. The oil deregulation law basis.
itself provides adequate safeguards that would effectively avert and preclude such a
dire scenario. For instance, Sec. 8 of the said law provides that: xxx xxx xxx

xxx xxx xxx Reverting to a regulated oil industry, even if only for a short period while the legislature
"fasttracks" the passage of a new oil deregulation law (the feasibility of which remains a
Any report from any person of an unreasonable rise in the prices of big "if") defeats the whole purpose and only succeeds in retarding the country's
petroleum products shall be immediately acted upon. For this economic growth.
purpose, the creation of a Department of Energy (DOE) -
Department of Justice (DOJ) Task Force is hereby mandated to R.A. No. 8180 is a bold and progressive piece of legislation. It must be given a chance
determine the merits of the report and to initiate the necessary to work and prove its worth. Thus, the better solution is to retain the foundations of the
actions warranted under the circumstances to prevent cartelization, law and leave it to Congress to pass the necessary amendments and enact the
among others. appropriate supporting legislation to fortify R.A. No. 8180.

The law also tasks the Department of Energy (DOE) to "take all measures to promote In view of the foregoing, I find myself unable to concur with the majority's thesis that the
fair trade and to prevent cartelization, monopolies and combinations in restraint of trade three assailed provisions "cannot be struck down alone for they were the ones intended
and any unfair competition, as defined in Articles 186, 188 and 189 of the Revised to carry out the policy of (R.A. No. 8180)" and that "without these provisions in place,
Penal Code, in the downstream oil industry. The DOE shall continue to encourage Congress could not have deregulated the downstream oil industry." As I have previously
certain practices in the oil industry which serve the public interest and are intended to pointed out, the aforementioned provisions were declared unconstitutional precisely
achieve efficiency and cost reduction, ensure continuous supply of petroleum products, because they were found to be anti-competition. How can anti-competition provisions,
or enhance environmental protection. These practices may include borrow-and-loan therefore, have any place in a law whose goal is to promote and achieve fair and free
agreements, rationalized deport operations, hospitality agreements, joint tanker and competition?
pipeline utilization, and joint actions on oil spill control and fire prevention." 11
The oil deregulation law was not built upon and do not center on the provisions on tariff [G.R. No. 178628. July 16, 2008.]
differential, minimum inventory requirement and predatory pricing. These are not the
only provisions of R.A. No. 8180 intended to implement the legislative intent as
expressed in sec. 2 thereof. The heart and soul of R.A. No. 8180 is embodied in sec. PERFECTO F. MARQUEZ, petitioner, vs. COMMISSION ON
5(a) aptly entitled "Liberalization of Downstream Oil Industry and Tariff Treatment." It is ELECTIONS, respondent.
this provision which does away with the burdensome requirements and procedures for
the importation of petroleum products (the main impediments to the entry of new players
in the oil market). With this provision the "entry and exit of competitors" is made
relatively easy and from this the competitive market is established. DECISION

The other remaining provisions are, likewise, sufficient to serve the legislative will.
There is, among others, sec. 7 mandating the promotion of fair trade practices and sec.
CARPIO, J p:
9(a) on the prevention of cartels and monopolies.
The Case
The point is, even without the subject three provisions what remains is a
comprehensible and workable law. The infirmities of some parts of the statute should
not taint the whole when these parts could successfully be incised. These consolidated petitions 1 seek to annul Resolution No. 7902, dated 10 May 2007,
of the Commission on Elections (COMELEC) treating Cotabato City as part of the
legislative district of the Province of Shariff Kabunsuan. 2
I also take exception to the majority's observation that ". . .a partial declaration of
unconstitutionality of R.A. No. 8180 will bring about a fully deregulated downstream oil
industry where government will be impotent to regulate run away prices, where the oil The Facts
oligopolists can engage in cartelization without competition, where prospective players
cannot come in, and where new players will close shop. As I have earlier discussed, The Ordinance appended to the 1987 Constitution apportioned two legislative districts
R.A. No. 8180 has armed the government with adequate measures to deal with the for the Province of Maguindanao. The first legislative district consists of Cotabato City
above problems, should any of these arise. The implementation, therefore, of R.A. No. and eight municipalities. 3 Maguindanao forms part of the Autonomous Region in
8180 (sans the void provisions) is not an absurdity, on the contrary as shown above, it Muslim Mindanao (ARMM), created under its Organic Act, Republic Act No. 6734 (R.A.
is the sensible thing to do. 6734), as amended by Republic Act No. 9054 (R.A. 9054). 4 Although under the
Ordinance, Cotabato City forms part of Maguindanao's first legislative district, it is not
ACCORDINGLY, resolving the pending motion for reconsideration and partial motions part of the ARMM but of Region XII, having voted against its inclusion in the ARMM in
for reconsideration, I CONCUR with the majority insofar as it maintains the opinion to the plebiscite held in November 1989. SDECAI
strike down as unconstitutional the three (3) anti-competition provisions of R.A. No.
8180, but I register my DISSENT to its ruling declaring the entire law as On 28 August 2006, the ARMM's legislature, the ARMM Regional Assembly, exercising
unconstitutional. its power to create provinces under Section 19, Article VI of R.A. 9054, 5 enacted
Muslim Mindanao Autonomy Act No. 201 (MMA Act 201) creating the Province of
||| (Tatad v. Sec. of Department of Energy, G.R. No. 124360, 127867, December 03, Shariff Kabunsuan composed of the eight municipalities in the first district of
1997) Maguindanao. MMA Act 201 provides:

Section 1. The Municipalities of Barira, Buldon, Datu Odin Sinsuat,


Kabuntalan, Matanog, Parang, Sultan Kudarat, Sultan Mastura, and
Upi are hereby separated from the Province of Maguindanao and
EN BANC constituted into a distinct and independent province, which is
hereby created, to be known as the Province of Shariff Kabunsuan.
TESICD
[G.R. No. 177597. July 16, 2008.]
xxx xxx xxx
BAI SANDRA S. A. SEMA, petitioner, vs. COMMISSION ON
ELECTIONS and DIDAGEN P. DILANGALEN, respondents. Sec. 5. The corporate existence of this province shall commence
upon the appointment by the Regional Governor or election of the
governor and majority of the regular members of the Sangguniang However, in preparation for the 14 May 2007 elections, the COMELEC promulgated on
Panlalawigan. 29 March 2007 Resolution No. 7845 stating that Maguindanao's first legislative district is
composed only of Cotabato City because of the enactment of MMA Act 201. 8
The incumbent elective provincial officials of the Province of
Maguindanao shall continue to serve their unexpired terms in the On 10 May 2007, the COMELEC issued Resolution No. 7902, subject of these petitions,
province that they will choose or where they are residents: amending Resolution No. 07-0407 by renaming the legislative district in question as
Provided, that where an elective position in both provinces "Shariff Kabunsuan Province with Cotabato City (formerly First District of Maguindanao
becomes vacant as a consequence of the creation of the Province with Cotabato City)." 9
of Shariff Kabunsuan, all incumbent elective provincial officials shall
have preference for appointment to a higher elective vacant In G.R. No. 177597, Sema, who was a candidate in the 14 May 2007 elections for
position and for the time being be appointed by the Regional Representative of "Shariff Kabunsuan with Cotabato City", prayed for the nullification of
Governor, and shall hold office until their successors shall have COMELEC Resolution No. 7902 and the exclusion from canvassing of the votes cast in
been elected and qualified in the next local elections; Provided, Cotabato City for that office. Sema contended that Shariff Kabunsuan is entitled to one
further, that they shall continue to receive the salaries they are representative in Congress under Section 5 (3), Article VI of the Constitution 10 and
receiving at the time of the approval of this Act until the new Section 3 of the Ordinance appended to the Constitution. 11 Thus, Sema asserted that
readjustment of salaries in accordance with law. Provided, the COMELEC acted without or in excess of its jurisdiction in issuing Resolution No.
furthermore, that there shall be no diminution in the number of the 7902 which maintained the status quo in Maguindanao's first legislative district despite
members of the Sangguniang Panlalawigan of the mother province. the COMELEC's earlier directive in Resolution No. 7845 designating Cotabato City as
acSECT the lone component of Maguindanao's reapportioned first legislative district. 12 Sema
further claimed that in issuing Resolution No. 7902, the COMELEC usurped Congress'
Except as may be provided by national law, the existing legislative power to create or reapportion legislative districts. CHDAaS
district, which includes Cotabato as a part thereof, shall remain.
In its Comment, the COMELEC, through the Office of the Solicitor General (OSG),
Later, three new municipalities 6 were carved out of the original nine municipalities chose not to reach the merits of the case and merely contended that (1) Sema wrongly
constituting Shariff Kabunsuan, bringing its total number of municipalities to 11. availed of the writ of certiorari to nullify COMELEC Resolution No. 7902 because the
Thus, what was left of Maguindanao were the municipalities constituting its second COMELEC issued the same in the exercise of its administrative, not quasi-judicial,
legislative district. Cotabato City, although part of Maguindanao's first legislative power and (2) Sema's prayer for the writ of prohibition in G.R. No. 177597 became moot
district, is not part of the Province of Maguindanao. ICDSca with the proclamation of respondent Didagen P. Dilangalen (respondent Dilangalen) on
1 June 2007 as representative of the legislative district of Shariff Kabunsuan Province
The voters of Maguindanao ratified Shariff Kabunsuan's creation in a plebiscite held on with Cotabato City.
29 October 2006.
In his Comment, respondent Dilangalen countered that Sema is estopped from
On 6 February 2007, the Sangguniang Panlungsod of Cotabato City passed Resolution questioning COMELEC Resolution No. 7902 because in her certificate of candidacy
No. 3999 requesting the COMELEC to "clarify the status of Cotabato City in view of the filed on 29 March 2007, Sema indicated that she was seeking election as representative
conversion of the First District of Maguindanao into a regular province" under MMA Act of "Shariff Kabunsuan including Cotabato City". Respondent Dilangalen added that
201. CHIEDS COMELEC Resolution No. 7902 is constitutional because it did not apportion a
legislative district for Shariff Kabunsuan or reapportion the legislative districts in
Maguindanao but merely renamed Maguindanao's first legislative district. Respondent
In answer to Cotabato City's query, the COMELEC issued Resolution No. 07-0407 on 6 Dilangalen further claimed that the COMELEC could not reapportion Maguindanao's
March 2007 "maintaining the status quo with Cotabato City as part of Shariff Kabunsuan first legislative district to make Cotabato City its sole component unit as the power to
in the First Legislative District of Maguindanao". Resolution No. 07-0407, which adopted reapportion legislative districts lies exclusively with Congress, not to mention that
the recommendation of the COMELEC's Law Department under a Memorandum dated Cotabato City does not meet the minimum population requirement under Section 5 (3),
27 February 2007, 7 provides in pertinent parts: Article VI of the Constitution for the creation of a legislative district within a city. 13

Considering the foregoing, the Commission RESOLVED, as it Sema filed a Consolidated Reply controverting the matters raised in respondents'
hereby resolves, to adopt the recommendation of the Law Comments and reiterating her claim that the COMELEC acted ultra vires in issuing
Department that pending the enactment of the appropriate law Resolution No. 7902. HAaScT
by Congress, to maintain the status quo with Cotabato City as part
of Shariff Kabunsuan in the First Legislative District of
Maguindanao. (Emphasis supplied) aScIAC In the Resolution of 4 September 2007, the Court required the parties in G.R. No.
177597 to comment on the issue of whether a province created by the ARMM Regional
Assembly under Section 19, Article VI of R.A. 9054 is entitled to one representative in (1) Sema contended that Section 19, Article VI of R.A. 9054 is constitutional (a) as a
the House of Representatives without need of a national law creating a legislative valid delegation by Congress to the ARMM of the power to create provinces under
district for such new province. The parties submitted their compliance as follows: Section 20 (9), Article X of the Constitution granting to the autonomous regions, through
their organic acts, legislative powers over "other matters as may be authorized by law
(1) Sema answered the issue in the affirmative on the following grounds: (a) the Court in for the promotion of the general welfare of the people of the region" and (b) as an
Felwa v. Salas 14 stated that "when a province is created by statute, the corresponding amendment to Section 6 of R.A. 7160. 17 However, Sema concedes that, if taken
representative district comes into existence neither by authority of that statute which literally, the grant in Section 19, Article VI of R.A. 9054 to the ARMM Regional
cannot provide otherwise nor by apportionment, but by operation of the Constitution, Assembly of the power to "prescribe standards lower than those mandated" in R.A.
without a reapportionment;" (b) Section 462 of Republic Act No. 7160 (R.A. 7160) 7160 in the creation of provinces contravenes Section 10, Article X of the Constitution.
"affirms" the apportionment of a legislative district incident to the creation of a province; 18 Thus, Sema proposed that Section 19 "should be construed as prohibiting the
and (c) Section 5 (3), Article VI of the Constitution and Section 3 of the Ordinance Regional Assembly from prescribing standards . . . that do not comply with the minimum
appended to the Constitution mandate the apportionment of a legislative district in newly criteria " under R.A. 7160. 19
created provinces. aSDHCT
(2) Respondent Dilangalen contended that Section 19, Article VI of R.A. 9054 is
(2) The COMELEC, again represented by the OSG, apparently abandoned its earlier unconstitutional on the following grounds: (a) the power to create provinces was not
stance on the propriety of issuing Resolution Nos. 07-0407 and 7902 and joined causes among those granted to the autonomous regions under Section 20, Article X of the
with Sema, contending that Section 5 (3), Article VI of the Constitution is "self- Constitution and (b) the grant under Section 19, Article VI of R.A. 9054 to the ARMM
executing". Thus, every new province created by the ARMM Regional Assembly is ipso Regional Assembly of the power to prescribe standards lower than those mandated in
facto entitled to one representative in the House of Representatives even in the Section 461 of R.A. 7160 on the creation of provinces contravenes Section 10, Article X
absence of a national law; and of the Constitution and the Equal Protection Clause; and EHCcIT

(3) Respondent Dilangalen answered the issue in the negative on the following grounds: (3) The COMELEC, through the OSG, joined causes with respondent Dilangalen (thus
(a) the "province" contemplated in Section 5 (3), Article VI of the Constitution is one that effectively abandoning the position the COMELEC adopted in its Compliance with the
is created by an act of Congress taking into account the provisions in R.A. 7160 on the Resolution of 4 September 2007) and contended that Section 19, Article VI of R.A. 9054
creation of provinces; (b) Section 3, Article IV of R.A. 9054 withheld from the ARMM is unconstitutional because (a) it contravenes Section 10 and Section 6, 20 Article X of
Regional Assembly the power to enact measures relating to national elections, which the Constitution and (b) the power to create provinces was withheld from the
encompasses the apportionment of legislative districts for members of the House of autonomous regions under Section 20, Article X of the Constitution.
Representatives; (c) recognizing a legislative district in every province the ARMM
Regional Assembly creates will lead to the disproportionate representation of the ARMM On the question of whether a province created under Section 19, Article VI of R.A. 9054
in the House of Representatives as the Regional Assembly can create provinces is entitled to one representative in the House of Representatives without need of a
without regard to the requirements in Section 461 of R.A. 7160; and (d) Cotabato City, national law creating a legislative district for such new province, Sema and respondent
which has a population of less than 250,000, is not entitled to a representative in the Dilangalen reiterated in their Memoranda the positions they adopted in their Compliance
House of Representatives. TcaAID with the Resolution of 4 September 2007. The COMELEC deemed it unnecessary to
submit its position on this issue considering its stance that Section 19, Article VI of R.A.
9054 is unconstitutional. CcTIDH

On 27 November 2007, the Court heard the parties in G.R. No. 177597 in oral The pendency of the petition in G.R. No. 178628 was disclosed during the oral
arguments on the following issues: (1) whether Section 19, Article VI of R.A. 9054, arguments on 27 November 2007. Thus, in the Resolution of 19 February 2008, the
delegating to the ARMM Regional Assembly the power to create provinces, is Court ordered G.R. No. 178628 consolidated with G.R. No. 177597. The petition in G.R.
constitutional; and (2) if in the affirmative, whether a province created under Section 19, No. 178628 echoed Sema's contention that the COMELEC acted ultra vires in issuing
Article VI of R.A. 9054 is entitled to one representative in the House of Representatives Resolution No. 7902 depriving the voters of Cotabato City of a representative in the
without need of a national law creating a legislative district for such new province. 15 House of Representatives. In its Comment to the petition in G.R. No. 178628, the
COMELEC, through the OSG, maintained the validity of COMELEC Resolution No.
7902 as a temporary measure pending the enactment by Congress of the "appropriate
In compliance with the Resolution dated 27 November 2007, the parties in G.R. No. law".
177597 filed their respective Memoranda on the issues raised in the oral arguments. 16
On the question of the constitutionality of Section 19, Article VI of R.A. 9054, the parties
in G.R. No. 177597 adopted the following positions: CITcSH The Issues

The petitions raise the following issues:


I. In G.R. No. 177597: dismissal of the petition in G.R. No. 177597 because Sema also prayed for the issuance
of the writ of Prohibition and we have long recognized this writ as proper for testing the
(A) Preliminarily constitutionality of election laws, rules, and regulations. 24 2005jur

(1) whether the writs of Certiorari, Prohibition, and Mandamus are proper to test the Respondent Dilangalen's Proclamation
constitutionality of COMELEC Resolution No. 7902; and TIHDAa Does Not Moot the Petition

(2) whether the proclamation of respondent Dilangalen as representative of Shariff There is also no merit in the claim that respondent Dilangalen's proclamation as winner
Kabunsuan Province with Cotabato City mooted the petition in G.R. No. 177597. in the 14 May 2007 elections for representative of "Shariff Kabunsuan Province with
Cotabato City" mooted this petition. This case does not concern respondent
Dilangalen's election. Rather, it involves an inquiry into the validity of COMELEC
(B) On the merits Resolution No. 7902, as well as the constitutionality of MMA Act 201 and Section 19,
Article VI of R.A. 9054. Admittedly, the outcome of this petition, one way or another,
(1) whether Section 19, Article VI of R.A. 9054, delegating to the ARMM Regional determines whether the votes cast in Cotabato City for representative of the district of
Assembly the power to create provinces, cities, municipalities and barangays, is "Shariff Kabunsuan Province with Cotabato City" will be included in the canvassing of
constitutional; and cSIADa ballots. However, this incidental consequence is no reason for us not to proceed with
the resolution of the novel issues raised here. The Court's ruling in these petitions
(2) if in the affirmative, whether a province created by the ARMM Regional Assembly affects not only the recently concluded elections but also all the other succeeding
under MMA Act 201 pursuant to Section 19, Article VI of R.A. 9054 is entitled to one elections for the office in question, as well as the power of the ARMM Regional
representative in the House of Representatives without need of a national law creating a Assembly to create in the future additional provinces.
legislative district for such province.
On the Main Issues
II. In G.R. No. 177597 and G.R. No. 178628, whether COMELEC Resolution No. 7902 Whether the ARMM Regional Assembly
is valid for maintaining the status quo in the first legislative district of Maguindanao (as Can Create the Province of Shariff Kabunsuan
"Shariff Kabunsuan Province with Cotabato City [formerly First District of Maguindanao
with Cotabato City]"), despite the creation of the Province of Shariff Kabunsuan out of The creation of local government units is governed by Section 10, Article X of the
such district (excluding Cotabato City). DCaSHI Constitution, which provides:

The Ruling of the Court


Sec. 10. No province, city, municipality, or barangay may be
created, divided, merged, abolished or its boundary substantially
The petitions have no merit. We rule that (1) Section 19, Article VI of R.A. 9054 is altered except in accordance with the criteria established in the
unconstitutional insofar as it grants to the ARMM Regional Assembly the power to local government code and subject to approval by a majority of the
create provinces and cities; (2) MMA Act 201 creating the Province of Shariff votes cast in a plebiscite in the political units directly affected.
Kabunsuan is void; and (3) COMELEC Resolution No. 7902 is valid. EcSCAD

On the Preliminary Matters Thus, the creation of any of the four local government units province, city,
The Writ of Prohibition is Appropriate municipality or barangay must comply with three conditions. First, the creation of
to Test the Constitutionality of a local government unit must follow the criteria fixed in the Local Government
Election Laws, Rules and Regulations Code. Second, such creation must not conflict with any provision of the
Constitution. Third, there must be a plebiscite in the political units affected.

The purpose of the writ of Certiorari is to correct grave abuse of discretion by "any
tribunal, board, or officer exercising judicial or quasi-judicial functions." 21 On the other There is neither an express prohibition nor an express grant of authority in the
hand, the writ of Mandamus will issue to compel a tribunal, corporation, board, officer, Constitution for Congress to delegate to regional or local legislative bodies the power to
or person to perform an act "which the law specifically enjoins as a duty." 22 True, the create local government units. However, under its plenary legislative powers, Congress
COMELEC did not issue Resolution No. 7902 in the exercise of its judicial or quasi- can delegate to local legislative bodies the power to create local government units,
judicial functions. 23 Nor is there a law which specifically enjoins the COMELEC to subject to reasonable standards and provided no conflict arises with any provision of the
exclude from canvassing the votes cast in Cotabato City for representative of "Shariff Constitution. In fact, Congress has delegated to provincial boards, and city and
Kabunsuan Province with Cotabato City". These, however, do not justify the outright municipal councils, the power to create barangays within their jurisdiction, 25 subject to
compliance with the criteria established in the Local Government Code, and the
plebiscite requirement in Section 10, Article X of the Constitution. However, under the legislative districts, is vested exclusively in Congress. Section 5, Article VI of the
Local Government Code, "only . . . an Act of Congress" can create provinces, cities or Constitution provides:
municipalities. 26 EIaDHS
SECTION 5. (1) The House of Representatives shall be composed
Under Section 19, Article VI of R.A. 9054, Congress delegated to the ARMM Regional of not more than two hundred and fifty members, unless
Assembly the power to create provinces, cities, municipalities and barangays within the otherwise fixed by law, who shall be elected from legislative
ARMM. Congress made the delegation under its plenary legislative powers because the districts apportioned among the provinces, cities, and the
power to create local government units is not one of the express legislative powers Metropolitan Manila area in accordance with the number of their
granted by the Constitution to regional legislative bodies. 27 In the present case, the respective inhabitants, and on the basis of a uniform and
question arises whether the delegation to the ARMM Regional Assembly of the power to progressive ratio, and those who, as provided by law, shall be
create provinces, cities, municipalities and barangays conflicts with any provision of the elected through a party-list system of registered national, regional,
Constitution. and sectoral parties or organizations. TEHIaA

xxx xxx xxx

There is no provision in the Constitution that conflicts with the delegation to regional (3) Each legislative district shall comprise, as far as practicable,
legislative bodies of the power to create municipalities and barangays, provided Section contiguous, compact, and adjacent territory. Each city with a
10, Article X of the Constitution is followed. However, the creation of provinces and population of at least two hundred fifty thousand, or each province,
cities is another matter. Section 5 (3), Article VI of the Constitution provides, "Each city shall have at least one representative.
with a population of at least two hundred fifty thousand, or each province, shall have at
least one representative" in the House of Representatives. Similarly, Section 3 of the (4) Within three years following the return of every census, the
Ordinance appended to the Constitution provides, "Any province that may hereafter be Congress shall make a reapportionment of legislative districts
created, or any city whose population may hereafter increase to more than two hundred based on the standards provided in this section. (Emphasis
fifty thousand shall be entitled in the immediately following election to at least one supplied) ECaAHS
Member . . . " ADaSEH
Section 5 (1), Article VI of the Constitution vests in Congress the power to increase,
Clearly, a province cannot be created without a legislative district because it will violate through a law, the allowable membership in the House of Representatives. Section 5 (4)
Section 5 (3), Article VI of the Constitution as well as Section 3 of the Ordinance empowers Congress to reapportion legislative districts. The power to reapportion
appended to the Constitution. For the same reason, a city with a population of 250,000 legislative districts necessarily includes the power to create legislative districts out of
or more cannot also be created without a legislative district. Thus, the power to create a existing ones. Congress exercises these powers through a law that Congress itself
province, or a city with a population of 250,000 or more, requires also the power to enacts, and not through a law that regional or local legislative bodies enact. The
create a legislative district. Even the creation of a city with a population of less than allowable membership of the House of Representatives can be increased, and new
250,000 involves the power to create a legislative district because once the city's legislative districts of Congress can be created, only through a national law passed by
population reaches 250,000, the city automatically becomes entitled to one Congress. In Montejo v. COMELEC 29 we held that the "power of redistricting . . . is
representative under Section 5 (3), Article VI of the Constitution and Section 3 of the traditionally regarded as part of the power (of Congress) to make laws", and thus is
Ordinance appended to the Constitution. Thus, the power to create a province or city vested exclusively in Congress.
inherently involves the power to create a legislative district.

This textual commitment to Congress of the exclusive power to create or reapportion


For Congress to delegate validly the power to create a province or city, it must also legislative districts is logical. Congress is a national legislature and any increase in its
validly delegate at the same time the power to create a legislative district. The threshold allowable membership or in its incumbent membership through the creation of
issue then is, can Congress validly delegate to the ARMM Regional Assembly the legislative districts must be embodied in a national law. Only Congress can enact such
power to create legislative districts for the House of Representatives? The answer is in a law. It would be anomalous for regional or local legislative bodies to create or
the negative. HCaIDS reapportion legislative districts for a national legislature like Congress. An inferior
legislative body, created by a superior legislative body, cannot change the membership
Legislative Districts are Created or Reapportioned of the superior legislative body. SaCDTA
Only by an Act of Congress
The creation of the ARMM, and the grant of legislative powers to its Regional Assembly
Under the present Constitution, as well as in past 28 Constitutions, the power to under its organic act, did not divest Congress of its exclusive authority to create
increase the allowable membership in the House of Representatives, and to reapportion
legislative districts. This is clear from the Constitution and the ARMM Organic Act, as limitation on the legislative powers of every local or regional legislative body that it can
amended. Thus, Section 20, Article X of the Constitution provides: only create local or regional offices, respectively, and it can never create a national
office.
SECTION 20. Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the organic act of To allow the ARMM Regional Assembly to create a national office is to allow its
autonomous regions shall provide for legislative powers over: legislative powers to operate outside the ARMM's territorial jurisdiction. This violates
ASaTHc Section 20, Article X of the Constitution which expressly limits the coverage of
the Regional Assembly's legislative powers "[w]ithin its territorial jurisdiction . . .
(1) Administrative organization; ." SHEIDC

(2) Creation of sources of revenues; The ARMM Regional Assembly itself, in creating Shariff Kabunsuan, recognized the
exclusive nature of Congress' power to create or reapportion legislative districts by
abstaining from creating a legislative district for Shariff Kabunsuan. Section 5 of MMA
(3) Ancestral domain and natural resources; Act 201 provides that:

(4) Personal, family, and property relations; Except as may be provided by national law, the existing
legislative district, which includes Cotabato City as a part thereof,
(5) Regional urban and rural planning development; shall remain. (Emphasis supplied) aTIAES

(6) Economic, social, and tourism development; However, a province cannot legally be created without a legislative district because
the Constitution mandates that "each province shall have at least one
(7) Educational policies; representative." Thus, the creation of the Province of Shariff Kabunsuan without a
legislative district is unconstitutional.

(8) Preservation and development of the cultural heritage;


and Sema, petitioner in G.R. No. 177597, contends that Section 5 (3), Article VI of the
Constitution, which provides:

(9) Such other matters as may be authorized by law for


the promotion of the general welfare of the Each legislative district shall comprise, as far as practicable,
people of the region. DEcTCa contiguous, compact, and adjacent territory. Each city with a
population of at least two hundred fifty thousand, or each
province, shall have at least one representative. (Emphasis
Nothing in Section 20, Article X of the Constitution authorizes autonomous supplied) aCTcDH
regions, expressly or impliedly, to create or reapportion legislative districts
for Congress.
and Section 3 of the Ordinance appended to the Constitution, which states:

On the other hand, Section 3, Article IV of R.A. 9054 amending the ARMM Organic Act,
provides, "The Regional Assembly may exercise legislative power . . . except on Any province that may hereafter be created, or any city whose
the following matters: . . . (k) National elections. . . . ." Since the ARMM Regional population may hereafter increase to more than two hundred
fifty thousand shall be entitled in the immediately following
Assembly has no legislative power to enact laws relating to national elections, it cannot
create a legislative district whose representative is elected in national elections. election to at least one Member or such number of Members
Whenever Congress enacts a law creating a legislative district, the first representative is as it may be entitled to on the basis of the number of its
always elected in the "next national elections" from the effectivity of the law. 30 ADCTac inhabitants and according to the standards set forth in
paragraph (3), Section 5 of Article VI of the Constitution. The
number of Members apportioned to the province out of which such
Indeed, the office of a legislative district representative to Congress is a national office, new province was created or where the city, whose population has
and its occupant, a Member of the House of Representatives, is a national official. 31 so increased, is geographically located shall be correspondingly
It would be incongruous for a regional legislative body like the ARMM Regional adjusted by the Commission on Elections but such adjustment shall
Assembly to create a national office when its legislative powers extend only to its not be made within one hundred and twenty days before the
regional territory. The office of a district representative is maintained by national funds election. (Emphasis supplied) EASCDH
and the salary of its occupant is paid out of national funds. It is a self-evident inherent
serve as bases for the conclusion that the Province of Shariff Kabunsuan, created There is no constitutional limitation as to the time when, territory of,
on 29 October 2006, is automatically entitled to one member in the House of or other conditions under which a province may be created, except,
Representatives in the 14 May 2007 elections. As further support for her stance, perhaps, if the consequence thereof were to exceed the maximum
petitioner invokes the statement in Felwa that "when a province is created by of 120 representative districts prescribed in the Constitution, which
statute, the corresponding representative district comes into existence neither by is not the effect of the legislation under consideration. As a matter
authority of that statute which cannot provide otherwise nor by apportionment, of fact, provinces have been created or subdivided into other
but by operation of the Constitution, without a reapportionment." provinces, with the consequent creation of additional representative
districts, without complying with the aforementioned requirements.
32 (Emphasis supplied)

The contention has no merit.


Thus, the Court sustained the constitutionality of R.A. 4695 because (1) it validly
created legislative districts "indirectly" through a special law enacted by Congress
First. The issue in Felwa, among others, was whether Republic Act No. 4695 (R.A. creating a province and (2) the creation of the legislative districts will not result in
4695), creating the provinces of Benguet, Mountain Province, Ifugao, and Kalinga- breaching the maximum number of legislative districts provided under the 1935
Apayao and providing for congressional representation in the old and new provinces, Constitution. Felwa does not apply to the present case because in Felwa the new
was unconstitutional for "creati[ng] congressional districts without the apportionment provinces were created by a national law enacted by Congress itself. Here, the new
provided in the Constitution." The Court answered in the negative, thus: caHCSD province was created merely by a regional law enacted by the ARMM Regional
Assembly. SDECAI
The Constitution ordains:
What Felwa teaches is that the creation of a legislative district by Congress does not
"The House of Representatives shall be composed of not more emanate alone from Congress' power to reapportion legislative districts, but also from
than one hundred and twenty Members who shall be apportioned Congress' power to create provinces which cannot be created without a legislative
among the several provinces as nearly as may be according to the district. Thus, when a province is created, a legislative district is created by operation
number of their respective inhabitants, but each province shall have of the Constitution because the Constitution provides that "each province shall
at least one Member. The Congress shall by law make an have at least one representative" in the House of Representatives. This does not
apportionment within three years after the return of every detract from the constitutional principle that the power to create legislative districts
enumeration, and not otherwise. Until such apportionment shall belongs exclusively to Congress. It merely prevents any other legislative body, except
have been made, the House of Representatives shall have the Congress, from creating provinces because for a legislative body to create a province
same number of Members as that fixed by law for the National such legislative body must have the power to create legislative districts. In short, only an
Assembly, who shall be elected by the qualified electors from the act of Congress can trigger the creation of a legislative district by operation of the
present Assembly districts. Each representative district shall Constitution. Thus, only Congress has the power to create, or trigger the creation of, a
comprise as far as practicable, contiguous and compact territory." legislative district.

Pursuant to this Section, a representative district may come Moreover, if as Sema claims MMA Act 201 apportioned a legislative district to Shariff
into existence: (a) indirectly, through the creation of a Kabunsuan upon its creation, this will leave Cotabato City as the lone component of the
province for "each province shall have at least one first legislative district of Maguindanao. However, Cotabato City cannot constitute a
member" in the House of Representatives; or (b) by direct legislative district by itself because as of the census taken in 2000, it had a population of
creation of several representative districts within a province. only 163,849. To constitute Cotabato City alone as the surviving first legislative district
The requirements concerning the apportionment of representative of Maguindanao will violate Section 5 (3), Article VI of the Constitution which requires
districts and the territory thereof refer only to the second method of that "[E]ach city with a population of at least two hundred fifty thousand . . ., shall have
creation of representative districts, and do not apply to those at least one representative." EacHSA
incidental to the creation of provinces, under the first method. This
is deducible, not only from the general tenor of the provision above Second. Sema's theory also undermines the composition and independence of the
quoted, but, also, from the fact that the apportionment therein House of Representatives. Under Section 19, 33 Article VI of R.A. 9054, the ARMM
alluded to refers to that which is made by an Act of Congress. Regional Assembly can create provinces and cities within the ARMM with or without
Indeed, when a province is created by statute, the regard to the criteria fixed in Section 461 of R.A. 7160, namely: minimum annual income
corresponding representative district, comes into existence of P20,000,000, and minimum contiguous territory of 2,000 square kilometers or
neither by authority of that statute which cannot provide minimum population of 250,000. 34 The following scenarios thus become distinct
otherwise nor by apportionment, but by operation of the possibilities:
Constitution, without a reapportionment. cSaCDT
(1) An inferior legislative body like the ARMM Regional Assembly Under your theory, the ARMM legislature can create thirty-five (35)
can create 100 or more provinces and thus increase the new provinces, there may be . . . [only] one hundred
membership of a superior legislative body, the House of thousand (100,000) [population], . . ., and they will each
Representatives, beyond the maximum limit of 250 fixed in the have one representative . . . to Congress without any
Constitution (unless a national law provides otherwise); SHCaDA national law, is that what you are saying? ITSaHC

(2) The proportional representation in the House of Representatives Atty. Vistan II:
based on one representative for at least every 250,000 residents
will be negated because the ARMM Regional Assembly need not Without law passed by Congress, yes, Your Honor, that is what we
comply with the requirement in Section 461 (a) (ii) of R.A. 7160 that are saying.
every province created must have a population of at least 250,000;
and
xxx xxx xxx
(3) Representatives from the ARMM provinces can become the
majority in the House of Representatives through the ARMM Justice Carpio:
Regional Assembly's continuous creation of provinces or cities
within the ARMM. IHEaAc So, they can also create one thousand (1000) new provinces,
sen[d] one thousand (1000) representatives to the
The following exchange during the oral arguments of the petition in G.R. No. 177597 House of Representatives without a national law[,]
highlights the absurdity of Sema's position that the ARMM Regional Assembly can that is legally possible, correct?
create provinces:
Atty. Vistan II:
Justice Carpio:
Yes, Your Honor. 36 (Emphasis supplied)
So, you mean to say [a] Local Government can create legislative
district[s] and pack Congress with their own Neither the framers of the 1987 Constitution in adopting the provisions in Article X on
representatives [?] CIaHDc regional autonomy, 37 nor Congress in enacting R.A. 9054, envisioned or intended
these disastrous consequences that certainly would wreck the tri-branch system of
Atty. Vistan II: 35 government under our Constitution. Clearly, the power to create or reapportion
legislative districts cannot be delegated by Congress but must be exercised by
Congress itself. Even the ARMM Regional Assembly recognizes this. ESTcIA
Yes, Your Honor, because the Constitution allows that.
The Constitution empowered Congress to create or reapportion legislative districts, not
Justice Carpio: the regional assemblies. Section 3 of the Ordinance to the Constitution which states,
"[A]ny province that may hereafter be created . . . shall be entitled in the immediately
So, [the] Regional Assembly of [the] ARMM can create and create . following election to at least one Member", refers to a province created by Congress
. . provinces . . . and, therefore, they can have thirty-five itself through a national law. The reason is that the creation of a province increases the
(35) new representatives in the House of Representatives actual membership of the House of Representatives, an increase that only Congress
without Congress agreeing to it, is that what you are can decide. Incidentally, in the present 14th Congress, there are 219 38 district
saying? That can be done, under your theory[?] cDAISC representatives out of the maximum 250 seats in the House of Representatives. Since
party-list members shall constitute 20 percent of total membership of the House, there
Atty. Vistan II: should at least be 50 party-list seats available in every election in case 50 party-list
candidates are proclaimed winners. This leaves only 200 seats for district
representatives, much less than the 219 incumbent district representatives. Thus, there
Yes, Your Honor, under the correct factual circumstances. is a need now for Congress to increase by law the allowable membership of the House,
even before Congress can create new provinces.
Justice Carpio:
It is axiomatic that organic acts of autonomous regions cannot prevail over the
Constitution. Section 20, Article X of the Constitution expressly provides that the
legislative powers of regional assemblies are limited "[w]ithin its territorial Let a copy of this ruling be served on the President of the Senate and the Speaker of
jurisdiction and subject to the provisions of the Constitution and national laws, . . the House of Representatives.
. ." The Preamble of the ARMM Organic Act (R.A. 9054) itself states that the ARMM
Government is established "within the framework of the Constitution". This follows SO ORDERED. TCEaDI
Section 15, Article X of the Constitution which mandates that the ARMM "shall be
created . . . within the framework of this Constitution and the national sovereignty
as well as territorial integrity of the Republic of the Philippines". TEaADS Puno, C.J., Quisumbing, Austria-Martinez, Corona, Carpio-Morales, Nachura and
Reyes, JJ., concur.

Ynares-Santiago, Leonardo-de Castro and Brion, JJ., join the separate opinion of
Justice Tinga.
The present case involves the creation of a local government unit that necessarily
involves also the creation of a legislative district. The Court will not pass upon the
constitutionality of the creation of municipalities and barangays that does not comply Azcuna and Chico-Nazario, JJ., join the dissent of Justice Tinga.
with the criteria established in Section 461 of R.A. 7160, as mandated in Section 10,
Article X of the Constitution, because the creation of such municipalities and barangays Tinga, J., please see dissenting concurring opinion.
does not involve the creation of legislative districts. We leave the resolution of this issue
to an appropriate case. Velasco, Jr., J., took no part close relationship to a party.

In summary, we rule that Section 19, Article VI of R.A. 9054, insofar as it grants to the
ARMM Regional Assembly the power to create provinces and cities, is void for being Separate Opinions
contrary to Section 5 of Article VI and Section 20 of Article X of the Constitution, as well
as Section 3 of the Ordinance appended to the Constitution. Only Congress can create
provinces and cities because the creation of provinces and cities necessarily includes TINGA, J., dissenting and concurring:
the creation of legislative districts, a power only Congress can exercise under Section 5,
Article VI of the Constitution and Section 3 of the Ordinance appended to the
I agree that the petitions should be denied, but on a wholly different basis from that
Constitution. The ARMM Regional Assembly cannot create a province without a
offered by the majority. I cannot accede to the majority's conclusion, burnished by
legislative district because the Constitution mandates that every province shall have a
reasoning most strained, that the Regional Assembly of the Autonomous Region of
legislative district. Moreover, the ARMM Regional Assembly cannot enact a law creating
Muslim Mindanao (Regional Assembly) should be deprived of the power delegated to it
a national office like the office of a district representative of Congress because the
by Congress to create provinces. With this ruling, the Court has dealt another severe
legislative powers of the ARMM Regional Assembly operate only within its territorial
blow to the cause of local autonomy. CTaSEI
jurisdiction as provided in Section 20, Article X of the Constitution. Thus, we rule that
MMA Act 201, enacted by the ARMM Regional Assembly and creating the Province of
Shariff Kabunsuan, is void. acCITS Our Constitution, in reflection of the sovereign wisdom of the people, has prescribed
local government rule as a tool for national development and welfare. The majority is
unfortunately unmindful of these considerations. The Regional Assembly and the
Resolution No. 7902 Complies with the Constitution
government of the Autonomous Region of Muslim Mindanao exercised constituent
functions in establishing the province of Shariff Kabunsuan and providing for its local
Consequently, we hold that COMELEC Resolution No. 7902, preserving the geographic government. The majority did not bother to hear their side in these petitions, which after
and legislative district of the First District of Maguindanao with Cotabato City, is valid as all, never put in issue the constitutionality of the creation of the province. The people of
it merely complies with Section 5 of Article VI and Section 20 of Article X of the Shariff Kabunsuan, by sovereign desire and constitutional design, ratified through a
Constitution, as well as Section 1 of the Ordinance appended to the Constitution. plebiscite the province named in honor of the revered figure who introduced Islam to
Central Mindanao. The majority has annihilated the province with nary a word of comfort
WHEREFORE, we declare Section 19, Article VI of Republic Act No. 9054 or concern for its citizens. Sadly, there will be no shelter for the Court from the impact of
UNCONSTITUTIONAL insofar as it grants to the Regional Assembly of the Autonomous this decision, which unduly stretches the Constitution to deny the will of the duly elected
Region in Muslim Mindanao the power to create provinces and cities. Thus, we declare members of the Regional Assembly, that of the constituents they represent, and most of
VOID Muslim Mindanao Autonomy Act No. 201 creating the Province of Shariff all, that of the people of Shariff Kabunsuan.
Kabunsuan. Consequently, we rule that COMELEC Resolution No. 7902 is VALID.
ESTAIH I.
We are dealing with two consolidated petitions which essentially raise the same standing to raise the present petition is materially affected by her express consent and
arguments, but were brought forth by two different parties laboring under different active campaign for election from the legislative district which she now seeks to
circumstances. The petitioner in G.R. No. 177597, Bai Sandra S.A. Sema, a invalidate. A party challenging the constitutionality of a law, act or statute must show
congressional candidate in the 2007 legislative elections who posits that the newly- "not only that the law is invalid, but also that he or she has sustained or is in immediate,
created province of Shariff Kabunsuan is entitled to its own exclusive legislative district. or imminent danger of sustaining some direct injury as a result of its enforcement", that
The petitioner in G.R. No. 178628, Perfecto F. Marquez, suing in his capacity as a party has been or is about to be, denied some right or privilege to which he or she is
taxpayer and a resident of Cotabato City, 1 argues that with the creation of Shariff lawfully entitled. 5 Sema's prior avowal that she was running for the Shariff Kabunsuan
Kabunsuan, his home city cannot be conjoined with Shariff Kabunsuan to create just with Cotabato City legislative district, and her campaign for election to that district, belie
one legislative district for both territories. IcDESA the existence of injury on her part caused by the COMELEC resolution that affirmed that
very legislative district.
As narrated by the majority, 2 four (4) days prior to the 14 May 2007 elections,
respondent Commission on Elections (COMELEC) promulgated Resolution No. 7902, On the part of Marquez, he first raised his present claims through the petition in G.R.
whereby it resolved to maintain the composition of what had been the First District of No. 179608, which was filed with this Court in July 2007, or more than two months after
Maguindanao, composed of Cotabato City, a chartered city, and several other the May 2007 elections. As a result, could no longer ask that the holding of the said
municipalities, even though these municipalities formerly belonging to Maguindanao elections in the conjoined district be restrained, and instead seeks that new or special
have since been constituted as part of the province of Shariff Kabunsuan, which was elections be conducted. AEDcIH
created by the Regional Assembly by virtue of Muslim Mindanao Autonomy Act No. 201
in August of 2006. As earlier noted, among the requisites for the Court to be able to exercise judicial review
in constitutional cases is that the exercise of judicial review is pleaded at the earliest
Both petitioners challenge the notion of fusing Cotabato City, which is not a part of possible opportunity. 6 Clearly, his petition was not timely filed at the earliest possible
ARMM, with the ARMM municipalities which now constitute the new province of Shariff opportunity, which would have been at a point prior to the May 2007 elections. Worse,
Kabunsuan, into one legislative district. To resolve that question on the merits, it is he filed his petition after the voters in the affected districts had already elected a
inevitable that the Court examine the validity of the creation of Shariff Kabunsuan in the candidate of their choosing, a sovereign act which he seeks to annul. Considering the
first place, and the majority has fully adopted that approach. However, there are grave implications of the step he seeks, as well as the fact that such recourse usually
significant impediments that weigh down both petitioners, and supply the cogent reason smacks of opportunism and bad faith, it is but proper for the Court to decline review
for the more prudent approach which is to dismiss the petitions outright. DHcSIT unless all the established requisites for judicial review for constitutional cases have
indeed been met. Marquez does not meet this Court's exacting standards.
It is clear that both petitioners rely on constitutional issues in support of their petitions as
they posit that under the Constitution Shariff Kabunsuan is entitled to its own separate
legislative district. It is cardinal that the Court's power of judicial review may be
exercised in constitutional cases only if all the following requisites are complied with, Moreover, Marquez does not have a valid cause of action before this Court. His prayer
namely: (1) the existence of an actual and appropriate case or controversy; (2) a is to compel the COMELEC to provide for new congressional elections for Cotabato
personal and substantial interest of the party raising the constitutional question; (3) the City. The relief sought does not lie simply because Rep. Dilangalen, by virtue of his
exercise of judicial review is pleaded at the earliest opportunity; and (4) the electoral victory, lawfully represents the City in addition to the Province of Shariff
constitutional question is the lis mota of the case. 3 Kabunsuan. From another perspective, the COMELEC does not have the requisite
power to call elections, as the same is part of the plenary legislative power. Only
With respect to Sema, it is plainly evident, as argued by private respondent Rep. Congress, which was not impleaded as a party to Marquez's petition, has the power to
Didagen P. Dilangalen, that she is estopped from bringing forth the present petition. On set congressional elections only for Cotabato City, if ever. Even assuming that
29 March 2007, she filed her Certificate of Candidacy before the COMELEC, declaring Congress was impleaded, it would be improper for this Court to compel Congress by
her candidacy a Member of the House of Representatives representing "the Province of judicial fiat to pass a law or resolution for the holding of such elections. AHaETS
Shariff Kabunsuan w/ Cotabato City." 4 She recognized under oath that she was
seeking election for a legislative district that encompassed both Shariff Kabunsuan and In sum, Marquez's petition should be dismissed outright for having been filed out of
Cotabato City, and she should be consequently barred from disavowing the very district time, for lack of cause of action, and for not impleading a real party-in-interest.
which she undertook to serve if elected. Sema appears to have campaigned for election
in this conjoined district, and was accordingly defeated by Dilangalen, her votes from
both Shariff Kabunsuan and Cotabato City included in the tally. SIHCDA II.

It would indeed be difficult to assess injury for purposes of locus standi on the part of One might argue that it is imperative for the Court to resolve the substantive issues,
Sema by reason of the assailed COMELEC Resolution, which after all, reaffirms the since the situation may emerge again. However, the exception in exercising judicial
very legislative district whose seat in Congress she had sought to be elected to. Her review if the case is capable of repetition yet evading review applies only if the case is
"moot and academic", 7 and not when the petitioners lack the requisite standing, have power. 10 "Given the volume and variety of interactions in today's society, it is doubtful
no cause of action, and have failed to join a proper party, which is the case here. In if the legislature can promulgate laws that will deal adequately with and respond
addition, it is entirely possible that between now and the next elections, either Congress promptly to the minutiae of everyday life. Hence, the need to delegate to administrative
or the Regional Assembly would pass new legislation concerning the composition or bodies the principal agencies tasked to execute laws in their specialized fields the
status of Shariff Kabunsuan, thereby changing the legal complexion and factual milieu authority to promulgate rules and regulations to implement a given statute and
of the situation. If that occurs, the questions that will be facing the Court then should a effectuate its policies." 11
challenge be mounted may very well be different from those currently befacing us.
HTCAED In the context of delegation of legislative powers to local governments, a noted authority
on the subject has this to say:
However, it is apparent that the ponente wishes to settle these cases on the merits. In
doing so, he frames two issues whether Congress can delegate to the Regional The state legislative power that is, the exercise of the policy-
Assembly the power to create provinces; and whether the Regional Assembly has the making judgment and discretion on state matters that state
power to create legislative districts. However, with due respect, the majority's discussion constitutions vest and recognize in the legislature cannot be
makes quite an easy leap when it abruptly fuses these two issues. Worse, the majority delegated to some other person or body but must rest with the
fails to take into account certain fundamental constitutional principles which have legislature itself. Thus, the legislature cannot delegate to a
immense bearing in these cases. The resulting analysis is incomplete and uninformed commission the power to determine the form of government,
of the full constitutional milieu under which these petitions should be resolved. powers and functions of proposed municipalities since these
matters require legislative judgment. But the details of
My own framework firstly considers two important principles which underlie the issues organization of its own government can be left to a
presented before us the rule on delegation of powers, and the constitutionally- municipality, limited only by general state law; and such basic
ordained paradigms of local government and local autonomy. Without the influence of state powers as the police power, taxing power, and power of
these principles, any resulting analysis of the two issues cast by the majority will be eminent domain can be, and almost always are, delegated to
atomistic in nature. HcSDIE local governments for their use for local purposes. The rule
against delegation of state legislative authority is no barrier to
III. the delegation of powers of local self government to local
units. . . . 12

The laws we are presently impelled to interpret involve multiple instances of Congress
delegating power to the Regional Assembly. Explicity, Rep. Act No. 9054 delegates to Notwithstanding the exceptions that have been carved to the rule of non-delegation, it
the Regional Assembly the power to create provinces and other local government units, bears notice that while our Constitution broadly endows legislative powers to Congress
though subject to certain specified limitations. The majority likewise asserts that through it also specifically conditions the emergence of certain rights, duties and obligations
that mechanism, Congress has also delegated to the Regional Assembly the power to upon the enactment of a law oriented towards such constitutional predicate. These
create legislative districts. include the prohibition of political dynasties as may be defined by law, 13 the
reasonable conditions prescribed by law relating to full public disclosure of all the
State's transactions involving public interest; 14 the manner by which Philippine
The fundamental principles on delegation of powers bear review. citizenship may be lost or reacquired; 15 the date of regular elections for members of
Congress; 16 the manner of conduct of special elections to fill in congressional
The Constitution expressly vests legislative power in the Congress of the Philippines, vacancies; 17 the authorization of the President to exercise emergency powers; 18 the
consisting of a Senate and a House of Representatives. 8 Traditionally, the delegation system for initiative and referendum; 19 the salaries of the President and Vice-
of Congress of its legislative powers had been frowned upon. "A logical corollary to the President; 20 the creation and allocation of jurisdiction of lower courts; 21 and on many
doctrine of separation of powers is the principle of non-delegation of powers, as other matters of grave import. cTCADI
expressed in the Latin maxim potestas delegata non delegare potest (what has been
delegated cannot be delegated). This is based on the ethical principle that such May these specified functions be delegated by Congress to another body? These
delegated power constitutes not only a right but a duty to be performed by the delegate specific functions are non-delegable, for they are textually committed by the Constitution
through the instrumentality of his own judgment and not through the intervening mind of to Congress. Perhaps it is possible to segregate these particular functions to those
another." 9 which would, even absent constitutional definition, anyway fall within the plenary
legislative power, and those which are not plenary in nature but were especially
However, the strict application of the non-delegation doctrine has, in recent times, been designated to Congress by the Constitution. Still, in either case, only Congress, and no
relaxed, if not minimized altogether, particularly in the context of regulatory jurisdiction other body, can carry out that function. As to those powers which would normally fall
of administrative agencies. In every industrialized nation, administrative agencies, which within the plenary legislative power, the Constitution has decided to doubly emphasize
are generally part of the executive branch, have been granted considerable lawmaking that it is the Congress which is so empowered to perform such tasks. With respect to
the non-plenary functions assigned to Congress, it is clear that the assignment implies characteristics are factors to capitalize on to attain national strength
the delegation by the Constitution to Congress of specific, wholly original functions. through decentralization." DCcHAa

There shall be further discussion on this point in relation to the questions currently The idea behind the Constitutional provisions for autonomous
presented. Before we get there, I wish to emphasize a second constitutional principle, regions is to allow the separate development of peoples with
local governance and autonomy, that should likewise bear on our deliberations. distinctive cultures and traditions. These cultures, as a matter of
SDTaHc right, must be allowed to flourish.

IV. xxx xxx xxx

The 1987 Constitution ushered in a new era in local government rule for all citizens, and Several commissioners echoed the pervasive sentiment in the
local autonomy rule for Muslim Mindanao and the Cordillera region. This new paradigm plenary sessions in their own inimitable way. Thus, Commissioner
is crystallized under Article X of the Constitution. Bias Ople referred to the recognition that the Muslim Mindanao and
the Cordilleras "do not belong to the dominant national community"
Section 2, Article X guarantees that the territorial and political subdivisions in the as the justification for conferring on them a "measure of legal self-
Philippines shall enjoy local autonomy. The guarantee of local autonomy is actualized sufficiency, meaning self-government, so that they will flourish
through a local government code that delineates the structure and powers of local politically, economically and culturally", with the hope that after
governments, and through constitutional measures that entitle local government units to achieving parity with the rest of the country they would "give up
generate their own revenue stream and assure the same to their fair share in the their own autonomous region in favor of joining the national
national internal revenue. 22 Local government rule, in constitutional contemplation, is a mainstream". For his part, the Muslim delegate, Commissioner
live being that exists to counterbalance the rule of the national government, and is not a Ahmad Alonto, spoke of the diversity of cultures as the framework
mere palliative established in the Constitution to soothe the people with the illusion of for nation-building. Finally, excerpts of the poignant plea of
having a more direct say in their governance. EcIaTA Commissioner Ponciano Bennagen deserve to be quoted verbatim:

By constitutional design, local government rule for the people of Muslim Mindanao and . . . They see regional autonomy as the answer to their centuries of
the Cordilleras is even more enhanced, as they are assured of their own autonomous struggle against oppression and exploitation. For so long, their names
regions. Section 15, Article X of the Constitution mandated that "[t]he shall be created and identities have been debased. Their ancestral lands have been
autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, ransacked for their treasures, for their wealth. Their cultures have been
cities, municipalities, and geographical areas sharing common and distinctive historical defiled, their very lives threatened, and worse, extinguished, all in the
and cultural heritage, economic and social structures, and other relevant characteristics name of national development; all in the name of public interest; all in
. . ." Following the Constitution, Congress in 1989 passed Republic Act No. 6734, "An the name of common good; all in the name of the right to property; all in
Act Providing for An Organic Act for the Autonomous Region in Muslim Mindanao", the name of Regalian Doctrine; all in the name of national security.
leading to the creation of the ARMM. In 2001, Congress further strengthened the These phrases have meant nothing to our indigenous communities,
Organic Act with the passage of Rep. Act No. 9054, which among others, empowered except for the violation of their human rights. AacSTE
the Assembly to create provinces. The Organic Acts possess a special status within
Philippine laws. While they are classified as statutes, the Organic Acts are more than xxx xxx xxx
ordinary statutes because they enjoy affirmation by a plebiscite, and thus could not be
amended by ordinary statutes without any plebiscite. 23 Honorable Commissioners, we wish to impress upon you the gravity of
the decision to be made by every single one of us in this Commission.
We have the overwhelming support of the Bangsa Moro and the
Cordillera Constitution. By this we mean meaningful and authentic
In Disomangcop v. Datumanong, 24 the Court explained at length the vital constitutional regional autonomy. We propose that we have a separate Article on the
purposes of local autonomy: autonomous regions for the Bangsa Moro and Cordillera people clearly
spelled out in this Constitution, instead of prolonging the agony of their
vigil and their struggle. This, too is a plea for national peace. Let us not
. . . According to Commissioner Jose Nolledo, Chairman of the pass the buck to the Congress to decide on this. Let us not wash our
Committee which drafted the provisions, it "is an indictment against hands of our responsibility to attain national unity and peace and to
the status quo of a unitary system that, to my mind, has ineluctably settle this problem and rectify past injustices, once and for all.
tied the hands of progress in our country . . . our varying regional
The need for regional autonomy is more pressing in the case of the identity of minority communities are protected its continuing validity is
Filipino Muslims and the Cordillera people who have been fighting more easily perceived. IaAHCE
for it. Their political struggle highlights their unique cultures and the
unresponsiveness of the unitary system to their aspirations. The Regional autonomy refers to the granting of basic internal government
Moros' struggle for self-determination dates as far back as the powers to the people of a particular area or region with least control and
Spanish conquest in the Philippines. Even at present, the struggle supervision from the central government.
goes on. ASHECD
The objective of the autonomy system is to permit determined groups, with
Perforce, regional autonomy is also a means towards solving a common tradition and shared social-cultural characteristics, to develop
existing serious peace and order problems and secessionist freely their ways of life and heritage, exercise their rights, and be in charge
movements. Parenthetically, autonomy, decentralization and of their own business. This is achieved through the establishment of a
regionalization, in international law, have become politically special governance regime for certain member communities who choose
acceptable answers to intractable problems of nationalism, their own authorities from within the community and exercise the
separatism, ethnic conflict and threat of secession. 25 jurisdictional authority legally accorded to them to decide internal
community affairs. ATcaID
Petitioner Sema points out that among the terms in the Final Peace Agreement between
the Philippine Government and the Moro National Liberation Front was that In the Philippine setting, regional autonomy implies the cultivation of more
amendments be introduced to the original Organic Act, including one which authorized positive means for national integration. It would remove the wariness
the Assembly to "create, divide, merge, abolish or substantially alter boundaries of local among the Muslims, increase their trust in the government and pave the
government units in the area of autonomy in accordance with the criteria laid down by way for the unhampered implementation of the development programs in
law subject to approval by a majority of the votes cast in a plebiscite called for the the region. Again, even a glimpse of the deliberations of the Constitutional
purpose in the political units affected." 26 Indeed, it could hardly be argued that the Commission could lend a sense of the urgency and the inexorable appeal
challenged power of the Assembly was animated by nakedly selfish political purposes. It of true decentralization:
was, in fact, among the terms negotiated with care by the Philippine Government with
the leading armed insurgency group in Muslim Mindanao towards the higher purpose of
providing a permanent peace agreement in the strife-torn region. It does come with a MR. OPLE. . . . We are writing a Constitution, of course, for generations to
measure of surprise and disappointment that the Solicitor General has reached a come, not only for the present but for our posterity. There is no harm in
position that rejects the Final Peace Agreement negotiated by the Government and the recognizing certain vital pragmatic needs for national peace and solidarity,
MNLF. CDHSac and the writing of this Constitution just happens at a time when it is
possible for this Commission to help the cause of peace and reconciliation
in Mindanao and the Cordilleras, by taking advantage of a heaven-sent
Disomangcop further crystallizes the interplay between regional autonomy and national opportunity. . . .
sovereignty, to the extent that the former is accommodated under the latter.
xxx xxx xxx
Regional autonomy is the degree of self-determination exercised by
the local government unit vis- -vis the central government.
TCHcAE MR. ABUBAKAR. . . . So in order to foreclose and convince the rest of the
Philippines that Mindanao autonomy will be granted to them as soon as
possible, more or less, to dissuade these armed men from going outside
In international law, the right to self-determination need not be understood while Mindanao will be under the control of the national government, let us
as a right to political separation, but rather as a complex net of legal- establish an autonomous Mindanao within our effort and capacity to do so
political relations between a certain people and the state authorities. It within the shortest possible time. This will be an answer to the Misuari
ensures the right of peoples to the necessary level of autonomy that would clamor, not only for autonomy but for independence. cDCHaS
guarantee the support of their own cultural identity, the establishment of
priorities by the community's internal decision-making processes and the
management of collective matters by themselves. xxx xxx xxx

If self-determination is viewed as an end in itself reflecting a preference for MR. OPLE. . . . The reason for this abbreviation of the period for the
homogeneous, independent nation-states, it is incapable of universal consideration of the Congress of the organic acts and their passage is that
application without massive disruption. However, if self-determination is we live in abnormal times. In the case of Muslim Mindanao and the
viewed as a means to an end that end being a democratic, participatory Cordilleras, we know that we deal with questions of war and peace. These
political and economic system in which the rights of individuals and the
are momentous issues in which the territorial integrity and the solidarity of autonomy and not just administrative autonomy to these
this country are being put at stake, in a manner of speaking. regions. Thus, the provision in the Constitution for an autonomous
regional government with a basic structure consisting of an
We are writing a peace Constitution. We hope that the Article on Social executive department and a legislative assembly and special courts
Justice can contribute to a climate of peace so that any civil strife in the with personal, family and property law jurisdiction in each of the
countryside can be more quickly and more justly resolved. We are autonomous regions [Art. X, sec. 18]. 30
providing for autonomous regions so that we give constitutional
permanence to the just demands and grievances of our own fellow Disomangcop further elaborates on the import of political autonomy as it relates to the
countrymen in the Cordilleras and in Mindanao. One hundred thousand ARMM:
lives were lost in that struggle in Mindanao, and to this day, the Cordilleras
is being shaken by an armed struggle as well as a peaceful and militant [B]y regional autonomy, the framers intended it to mean
struggle. TAScID "meaningful and authentic regional autonomy". As articulated by a
Muslim author, substantial and meaningful autonomy is "the kind of
xxx xxx xxx local self-government which allows the people of the region or area
the power to determine what is best for their growth and
Rather than give opportunity to foreign bodies, no matter development without undue interference or dictation from the
how sympathetic to the Philippines, to contribute to the central government".
settlement of this issue, I think the Constitutional
Commission ought not to forego the opportunity to put the To this end, Section 16, Article X limits the power of the President
stamp of this Commission through definitive action on the over autonomous regions. In essence, the provision also curtails
settlement of the problems that have nagged us and our the power of Congress over autonomous regions. Consequently,
forefathers for so long. 27 Congress will have to re-examine national laws and make sure that
they reflect the Constitution's adherence to local autonomy. And in
A necessary prerequisite of autonomy is decentralization, which typically involves case of conflicts, the underlying spirit which should guide its
delegated power wherein a larger government chooses to delegate certain authority to resolution is the Constitution's desire for genuine local autonomy.
more local governments. 28 Decentralization of power involves an abdication of political CcTIAH
power in the favor of local government units declared to be autonomous, which are free
to chart their own destiny and shape their future with minimum intervention from central The diminution of Congress' powers over autonomous regions was
authorities. 29 What the Constitution contemplated with respect to the ARMM was confirmed in Ganzon v. Court of Appeals, [ 31 ] wherein this Court
political autonomy. As explained by Justice Cortes for the Court: held that "the omission (of "as may be provided by law") signifies
nothing more than to underscore local governments' autonomy from
Congress and to break Congress' 'control' over local government
affairs." 32
It must be clarified that the constitutional guarantee of local
autonomy in the Constitution [Art. X, sec. 2] refers to the Unfortunately, the majority gives short shrift to the considerations of local autonomy,
administrative autonomy of local government units or, cast in more even as such paradigm partakes of a constitutional mandate. If anything, these
technical language, the decentralization of government authority provisions should dissuade against a reflexive dismissal of the provisions of the Organic
[Villegas v. Subido, G.R. No. L-31004, January 8, 1971, 37 SCRA Acts. It should be emphasized that local autonomy cannot be in denigration of the
1]. Local autonomy is not unique to the 1987 Constitution, it being Constitution. It is repeatedly emphasized within Article X that the grant of local
guaranteed also under the 1973 Constitution [Art. II, sec. 10]. And autonomy and the subsequent exercise of powers by the autonomous government must
while there was no express guarantee under the 1935 Constitution, remain within the confines of the Constitution. At the same time, if there is no
the Congress enacted the Local Autonomy Act (R.A. No. 2264) and constitutional bar against the exercise of the powers of government by the autonomous
the Decentralization Act (R.A. No. 5185), which ushered the government in Muslim Mindanao, particularly by the Regional Assembly, then there is
irreversible march towards further enlargement of local autonomy in no basis to thwart the constitutional design by denying such powers to that body.
the country [Villegas v. Subido, supra.] cADaIH aCITEH

On the other hand, the creation of autonomous regions in Having laid down the essential constitutional predicates, I shall proceed to dwell on the
Muslim Mindanao and the Cordilleras, which is peculiar to the core issues raised. May Congress delegate to the Regional Assembly the power to
1987 Constitution, contemplates the grant of political create provinces? Assuming that such delegation is not barred by the Constitution, may
the exercise of such power by the Regional Assembly give rise to separate legislative In fact, the majority actually concedes that Congress, under its plenary legislative
districts for such provinces thus created? powers, "can delegate to local legislative bodies the power to create local government
units, subject to reasonable standards and provided no conflict arises with any provision
V. of the Constitution." 33 As is pointed out, such delegation is operationalized by the LGC
itself, which confers to provincial boards and city and municipal councils, the general
power to create barangays within their respective jurisdictions. The Constitution does
There should be little debate on the origins of the power to create provinces, which had not confine the exercise of such powers only to the national legislature, and indeed if
existed as a political unit in the Philippines since the Spanish colonial period, and which that were the case, the power to create barangays as granted by the LGC to local
all our Constitutions have recognized as a basic level of local governments. Ever since legislative bodies would be unconstitutional.
the emergence of our tripartite system of democratic government, the power to create
provinces have always been legislative in character. They are created by the people
through their representatives in Congress, subject to direct affirmation by the very Traditionally, it has been the national legislature which has exercised the power to
people who stand to become the constituents of the new putative province. DSHTaC create provinces. However, the 1987 Constitution ushered in a new era in devolved
local government rule, and particularly, a regime of local autonomy for Muslim
Mindanao and the Cordilleras. We recognized in Disomangcop v. Datumanong, thus:
May such power be delegated by Congress to a local legislative body such as the
Regional Assembly? Certainly, nothing in the Constitution bars Congress from
doing so. In fact, considering the constitutional mandate of local autonomy for Autonomy, as a national policy, recognizes the wholeness of the
Muslim Mindanao, it can be said that such delegation is in furtherance of the Philippine society in its ethnolinguistic, cultural, and even religious
constitutional design. diversities. It strives to free Philippine society of the strain and
wastage caused by the assimilationist approach. Policies
emanating from the legislature are invariably assimilationist in
The only constitutional provision that concerns with the creation of provinces is Section character despite channels being open for minority representation.
10, Article X, which reads: As a result, democracy becomes an irony to the minority group. 34

Section 10. No province, city, municipality or barangay may be It bears reemphasizing that the Constitution also actualizes a preference for local
created, divided, merged, abolished, or its boundary substantially government rule, and thusly provides:
altered, except in accordance with the criteria established in the
local government code and subject to approval by a majority of the
votes cast in a plebiscite in the political units directly affected. The Congress shall enact a local government code which shall
ISAcHD provide for a more responsive and accountable local
government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and
Nothing in this provision specifically limits the power to create provinces, cities, referendum, allocate among the different local government
municipalities or barangays to Congress alone. The provision does embody a significant units their powers, responsibilities, and resources, and
limitation that the creation of these political subdivisions must be in accordance with provide for the qualifications, election, appointment and
the criteria established in the local government code, a law which is enacted by removal, term, salaries, powers and functions and duties of
Congress. It would thus be proper to say that the Constitution limits the ability to set local officials, and all other matters relating to the organization
forth the standards for the creation of a province exclusively to Congress. But to say and operation of the local units. 35
that the Constitution confines to Congress alone the power to establish the criteria for
creating provinces is vastly different from saying that the Constitution confines to
Congress alone the power to create provinces. There is nothing in the Constitution that Attuned with enhanced local government rule, Congress had, through Rep. Act
supports the latter proposition. No. 9054, taken the bold step of delegating to a local legislative assembly the
power to create provinces, albeit prudently withholding any ability to create legislative
districts as well. Section 19 of Rep. Act No. 9054 reads:
Section 10, Article X does not specifically designate Congress as the body with the
power to create provinces. As earlier stated, the power to create these political
subdivisions is part of the plenary legislative power, hence such power can be exercised Section 19. Creation, Division or Abolition of Provinces, Cities,
by Congress even without need of specific constitutional assignation. At the same time, Municipalities or Barangay. The Regional Assembly may create,
the absence of constitutional language committing Congress with the function of divide, merge, abolish, or substantially alter boundaries of
creating political subdivisions ultimately denotes that such legislative function may be provinces, cities, municipalities, or barangays in accordance with
delegated by Congress. CaDATc the criteria laid down by the Republic Act No. 7160, the Local
Government Code of 1991, subject to the approval by the majority
of the votes cast in the plebiscite in the political units directly
affected. The Regional Assembly may prescribe standards lower
than those mandated by Republic Act No. 7160, the Local responsibility to create provinces and other local government units which had been
Government Code of 1991, in the creation, division, merger, exercised by the National Government.
abolition, or alteration of the boundaries of provinces, cities,
municipalities, or barangay. Provinces, cities, municipalities, or The majority does not point to any specific constitutional prohibition barring Congress
barangays created, divided, merged, or whose boundaries are from delegating to the Regional Assembly the power to create provinces. It does cite
altered without observing the standards prescribed by Republic Act though that Article 460 of the LGC provides that only by an Act of Congress may a
No. 7160, the Local Government Code of 1991, shall not be entitled province be created, divided, merged, abolished or its boundary substantially altered.
to any share of the taxes that are allotted to the local governments However, Republic Act No. 9054, which was passed ten (10) years after the LGC,
units under the provisions of the code. TCADEc unequivocally granted to the ARMM Regional Assembly the power to create provinces,
cities, municipalities and barangays within the ARMM. aSIDCT

Any argument that the LGC confines to Congress the creation of provinces is muted by
The financial requirements of the provinces, cities and the fact that ten years after the LGC was enacted by Congress, the same legislative
municipalities, or barangays so created, divided, merged shall be body conferred on the Assembly that same power within its territorial jurisdiction, thus
provided by the Regional Assembly out of the general funds of the amending the LGC to the extent of accommodating these newly-granted powers to the
Regional Government. Assembly.

The holding of a plebiscite to determine the will of the majority of There actually is an obvious unconstitutional dimension to Section 19, albeit one which
the voters of the areas affected by the creation, division, merger, or is not in point in this case. The provision states in part "[t]hat Regional Assembly may
whose boundaries are being altered as required by Republic Act prescribe standards lower than those mandated by Republic Act No. 7160, the Local
No. 7160, the Local Government Code of 1991, shall, however, be Government Code of 1991, in the creation, division, merger, abolition, or alteration of
observed. aDIHCT the boundaries of provinces, cities, municipalities, or barangays." That proviso is
squarely inconsistent with Section 10, Article X, which accords to the LGC the sole
Because this empowerment scheme is in line with a policy preferred by the Constitution, criteria for the creation, division, merger, abolition or alteration of boundaries of local
it becomes utterly necessary to pinpoint a specific constitutional prohibition that bars government units. Said proviso thus cannot receive recognition from this Court. ESITcH
Congress from authorizing the Regional Assembly to create provinces. No such
constitutional limitation exists, and it is not the province, duty or sensible It bears noting that there is no contention presented thus far that the creation of Shariff
recourse of this Court to nullify an act of Government in furtherance of a Kabunsuan was not in accordance with the criteria established in the LGC, thus this
constitutional mandate and directly ratified by the affected people if nothing in aspect of unconstitutionality of Rep. Act No. 9054 may not be material to the petitions at
the Constitution proscribes such act. bar.

The constitutionality of the delegated power of the Regional Assembly to create VI.
provinces is further affirmed by the provisions in the Constitution concerning the
mandatory creation of autonomous regions in Muslim Mindanao, as found in Sections The majority unfortunately asserts that Congress may not delegate to the Regional
15 to 21, Article X. The organic act enacted by Congress for the autonomous region is Assembly the power to create provinces, despite the absence of any constitutional bar
to define the basic structure of government. 36 Section 20 specifically allows the in that respect. The reasons offered for such conclusion are actually the same reasons
organic act of autonomous regions to provide for legislative powers over, among others, it submits why the Regional Assembly could not create legislative districts, as if the
administrative organization; creation of sources of revenues; economic, social and power to create provinces and the power to create legislative districts were one and the
tourism development; and such other matters as may be authorized by law for the same. In contrast, I propose to pinpoint a specific constitutional provision that prohibits
promotion of the general welfare of the people of the region. The creation of provinces the Regional Assembly from creating, directly or indirectly, any legislative district without
within the autonomous region precisely assists these constitutional aims under Section affecting that body's delegated authority to create provinces. CIHTac
20, enhancing as it does the basic administration of government, the delivery of
government services, and the promotion of the local economy. aSHAIC
Let us review this issue as presented before us. Notably, Republic Act No. 9054 does
not empower the Regional Assembly to create legislative districts, and MMA Act No.
In addition, Section 17, Article X states that "[a]ll powers, functions, and responsibilities 201, which created Shariff Kabunsuan, specifically disavows the creation of a new
not granted by this Constitution or by law to the autonomous regions shall be vested in district for that province and maintains the old legislative district shared with Cotabato
the National Government". The original Organic Act for Muslim Mindanao did not grant City. It is the thesis though of the petitioners that following Felwa v. Salas, 37 the
to the regional government the power to create provinces, thus at that point, such power creation of the new province ipso facto established as well an exclusive legislative
was properly exercised by the National Government. But the subsequent passage of district for Shariff Kabunsuan, "by operation of the Constitution."
Rep. Act No. 9054 granted to the Regional Assembly the power, function and
How exactly does a legislative district come into being? In theory, Congress does not From these cases, it is evident that a law creating the province of Shariff Kabunsuan
have any express or plenary legislative power to create legislative districts, except by may likewise serve the purpose of increasing the composition of the House of
reapportionment. Under the Constitution, such reapportionment occurs within three Representatives. In addition, Congress generally has the power to delegate the power
years following the return of the census, 38 but this Court has likewise recognized that of creating local government units to the appropriate local legislative assemblies. The
reapportionment can also be made through a special law, such as in the charter of a critical question now is thus whether Congress may delegate to local legislative
new city. 39 Still, even in exercising this limited power through the constitutionally assemblies the power to increase the composition of the House of Representatives?
mandated reapportionment, Congress cannot substitute its own discretion for the The answer is no. cDEICH
standards set forth in Section 5, Article VI. And should general reapportionment made
by Congress violate the parameters set forth by the Constitution, such act may be I have already pointed out that when the Constitution specifically designates a particular
invalidated by the Court, as it did in Macias v. COMELEC. 40 function to Congress, only Congress may exercise such function, as the same is non-
delegable. The power to increase the composition of the House of Representatives is
There is another constitutional provision which is of critical importance in considering restricted by the Constitution to a law passed by Congress, which may not delegate
limitations in the creation of legislative districts. Section 5 (1), Article VI states that "[t]he such law-making power to the Regional Assembly. If we were to rule that Congress may
House of Representatives shall be composed of not more than two hundred fifty delegate the power to increase the composition of the House of Representatives, there
members, unless otherwise fixed by law." The provision textually commits that only would be no impediment for us to similarly rule that those other specific functions tasked
through a law may the numerical composition of Congress may be increased or by the Constitution to Congress may be delegated as well. To repeat, these include
reduced. SAHIDc gravely important functions as the enactment of a law defining political dynasties; the
enactment of reasonable conditions relating to full public disclosure of all the State's
The Court has previously recognized that such law increasing the membership of the transactions involving public interest; the manner by which Philippine citizenship may be
House of Representatives need not be one specifically devoted for that purpose alone, lost or reacquired; the date of regular elections for members of Congress; the provision
but it may be one that creates a province or charters a city with a population of more for the manner of conduct of special elections to fill in congressional vacancies; the
than 250,000. In Tobias v. Abalos, 41 the Court pronounced that the law converting authorization of the President to exercise emergency powers; the prescription of a
Mandaluyong into a city could likewise serve the purpose of increasing the composition system for initiative and referendum; the salaries of the President and Vice-President;
of the House of Representatives: and the creation and allocation of jurisdiction of lower courts.

As to the contention that the assailed law violates the present limit
on the number of representatives as set forth in the Constitution, a
reading of the applicable provision, Article VI, Section 5 (1), as Considering that all these matters, including the composition of the House of
aforequoted, shows that the present limit of 250 members is not Representatives, are of national interest, it is but constitutionally proper that only a
absolute. The Constitution clearly provides that the House of national legislature has the competence to exercise these powers. And the Constitution
Representatives shall be composed of not more than 250 does textually commit to Congress alone the power to increase the membership of the
members, "unless otherwise provided by law". The inescapable House of Representatives. cSIACD
import of the latter clause is that the present composition of
Congress may be increased, if Congress itself so mandates Accordingly, the petitioners' position cannot be sustained, as Shariff Kabunsuan cannot
through a legislative enactment. Therefore, the increase in acquire its own legislative district unless Congress itself accedes to the passage of a
congressional representation mandated by R.A. No. 7675 is not law that establishes the same. The contrary position is in denigration of the Constitution,
unconstitutional. 42 which limits to Congress alone the non-delegable power to fix or increase the
composition of the House of Representatives. For that, I concur with the result of the
This point was reemphasized by the Court in Mariano v. COMELEC: 43 majority.

These issues have been laid to rest in the recent case of Tobias v. Felwa cannot apply to these petitions. Its pronouncement that the creation of a province
Abalos. In said case, we ruled that reapportionment of legislative automatically leads to the creation of a legislative district "by operation of the
districts may be made through a special law, such as in the charter Constitution" can only apply when the province is created by Congress itself, since there
of a new city. The Constitution clearly provides that Congress shall is no other constitutional impediment to the emergence of the legislative district.
be composed of not more than two hundred fifty (250) members, However, in cases where it is a body other than Congress which has created, although
unless otherwise fixed by law. As thus worded, the Constitution did validly, the legislative district, the Constitution itself bars the emergence of an
not preclude Congress from increasing its membership by passing accompanying legislative district, as this will result in an increase in the composition of
a law, other than a general reapportionment law. This is exactly the House of Representatives which can only be accomplished through a law passed by
what was done by Congress in enacting R.A. No. 7854 and Congress. IcaHCS
providing for an increase in Makati's legislative district. 44
VII. Footnotes

Even as Section 19 of Rep. Act No. 9054 constitutionally authorizes the Regional 1.In G.R. No. 177597, for the writs of certiorari, prohibition and mandamus; in G.R.
Assembly to create provinces, there are legal limitations that constrict the discretion of No. 178628, for "declaratory relief " and for the writs of prohibition and
that body to exercise such power. I had earlier identified as unconstitutional the mandamus. aAcHCT
discretion of the Regional Assembly to create local government units based on a lower
standard than that prescribed under the LGC. Another clear limitation is that the 2.The petitioner in G.R. No. 177597, Bai Sandra S. A. Sema (Sema), further seeks to
creation of provinces cannot be authorized without the ratification through a plebiscite compel the COMELEC to exclude from the canvassing the votes cast in
by the people affected by such act, a requirement imposed by the Organic Act itself and Cotabato City for representative of the legislative district in question in the 14
by Section 10, Article X of the Constitution. May 2007 elections. On the other hand, the petitioner in G.R. No. 178628,
Perfecto Marquez, prays that the Court order the COMELEC to conduct a
The majority itself had raised an alarmist tone that allowing the Assembly to create special election for representative of the "First District of Maguindanao with
provinces would not lead to the unholy spectacle of whimsical provinces intended as Cotabato City".
personal fiefdoms and created irrespective of size, shape and sense. In fact, allowing
the Regional Assembly to create provinces will not lead to hundreds or thousands, or 3.Barira, Buldon, Datu Odin Sinsuat, Kabuntalan, Matanog, Parang, Sultan Kudarat,
even tens or dozens of new provinces. Any new province will have to meet the same and Upi. The second legislative district is composed of 19 municipalities
criteria set forth by the LGC for the creation of provinces. SacTCA (Talitay, Talayan, Guindulungan, Datu Saudi Ampatuan, Datu Piang, Shariff
Aguak, Datu Unsay, Mamasapano, South Upi, Ampatuan, Datu Abdullah
To stress how implausible the scenario of dozens-hundred-thousands of ARMM Sangki, Buluan, Datu Paglas, Gen, S.K. Pendatun, Sultan Sa Barongis,
provinces actually is, it bears reviewing what exactly is the criteria set forth under the Rajah Buayan, Pagalungan, Pagagawan and Paglat). TaEIAS
LGC for the creation of provinces. An Assembly-created province, just as with any other
putative province, following Section 461 of the LGC, must possess the following 4.The enactment of the organic acts for the autonomous regions of the Cordilleras
requisites: (a) an average annual income, as certified by the Department of Finance, of and Muslim Mindanao is mandated under Sections 18 and 19, Article X of
not less than Php20,000,000.00, such income including the income accruing to the the 1987 Constitution.
general fund, exclusive of special funds, trust funds, transfers, and non-recurring
income; (b) a contiguous territory of at least two thousand (2,000) square kilometers, as
certified by the Lands Management Bureau (excepting when comprised of two (2) or 5.The provision reads:
more islands or when separated by a chartered city or cities which do not contribute to
the income of the province), or a population of not less than 250,000 inhabitants as SECTION 19. Creation, Division or Abolition of Provinces, Cities, Municipalities or
certified by the National Statistics Office; (c) that the creation of the province shall not Barangay. The Regional Assembly may create, divide, merge, abolish,
reduce the land area, population, and income of the original unit or units at the time of or substantially alter boundaries of provinces, cities, municipalities, or
said creation to less than the minimum requirements prescribed under the Code. These barangay in accordance with the criteria laid down by Republic Act No.
standards, which should bear upon the Assembly, would preclude the emergence of 7160, the Local Government Code of 1991, subject to the approval by a
dozens, hundreds or thousands of provinces within the relatively confined spaces of the majority of the votes cast in a plebiscite in the political units directly affected.
present Autonomous Region of Muslim Mindanao. The Regional Assembly may prescribe standards lower than those
mandated by Republic Act No. 7160, the Local Government Code of
IX. 1991, in the creation, division, merger, abolition, or alteration of the
boundaries of provinces, cities, municipalities, or barangay. Provinces,
cities, municipalities, or barangay created, divided, merged, or whose
The concerns raised by the majority on how allowing the Assembly to create provinces boundaries are altered without observing the standards prescribed by
would affect the composition of the national Congress are valid issues, yet the approach Republic Act No. 7160, the Local Government Code of 1991, shall not be
it adopts is to treat autonomy as invisible and inconsequential, instead of the entitled to any share of the taxes that are allotted to the local governments
countervailing constitutional principle that it actually is. It is an approach that will units under the provisions of the Code. CHTAIc
exacerbate political and regional tensions within Mindanao, especially since it shuns the
terms of the negotiated peace. This decision today, sad to say, is a decisive step
backwards from the previous rulings of this Court that have been supportive of the aims The financial requirements of the provinces, cities, municipalities, or barangay so
of regional autonomy. AEIHaS created, divided, or merged shall be provided by the Regional Assembly out
of the general funds of the Regional Government.
Except for the result, which I join, I respectfully dissent.
The holding of a plebiscite to determine the will of the majority of the voters of the
areas affected by the creation, division, merger, or whose boundaries are
being altered as required by Republic Act No. 7160, the Local Government
Code of 1991, shall, however, be observed.
xxx xxx xxx
The Regional Assembly may also change the names of local government units, public
places and institutions, and declare regional holidays. (Emphasis supplied) In order to avoid controversy on the matter, pending the enactment of appropriate law
aDcETC by Congress, it would be prudent and logically feasible to maintain status
quo with Cotabato City as part of Shariff Kabunsuan in the first district of
Before the enactment of R.A. 9054, the power to create provinces, cities, Maguindanao. CHTcSE
municipalities, and barangays was vested in Congress (for provinces, cities
and municipalities) and in the sangguniang panlalawigan and sangguniang 8.Resolution No. 7845 pertinently provides:
panlungsod (for barangays). (See Sections 384, 448, and 460 of Republic
Act No. 7160 or the Local Government Code of 1991).
WHEREAS, the Province of Maguindanao consists of two legislative districts, with
Cotabato City as part of the first legislative district.
6.Sultan Mastura (created from Sultan Kudarat), Northern Kabuntulan (created from
Kabuntulan) and Datu Blah Sinsuat (created from Upi).
WHEREAS, Muslim Mindanao Autonomy Act No. 201 provided for the creation of the
new Province of Shariff Kabunsuan comprising the municipalities of Barira,
7.The Memorandum reads in pertinent parts: Buldon, Datu Odin Sinsuat, Kabuntalan, Matanog, Parang, Sultan Kudarat,
Sultan Mastura and Upi, all of the first legislative district of the mother
The record shows the former province of Maguindanao was divided into two new Province of Maguindanao, except Cotabato City which is not part of the
provinces (Shariff Kabunsuan and Maguindanao), in view of Muslim Autonomous Region in Muslim Mindanao; while the remaining municipalities
Mindanao Autonomy Act (MMAA) No. 201, which authority was conferred to of Talisay, Talayan, Guindulungan, Datu Saudi Ampatuan, Datu Piang,
under Section 17, Article VI of Republic Act No. 9054 giving the ARMM, thru Shariff Aguak, Datu Unsay, Mamasapano, South Upi, Ampatuan, Datu
its Regional Legislative Assembly, the power to legislate laws including the Abdullah Sangki, Buluan, Datu Paglas, Gen. S. K. Pendatun, Sultan Sa
enactment of the Local Government Code of ARMM. IaDcTC Barongis, Rajah Buayan, Pagalungan, Pagagawan, and Paglat, all of the
second legislative district of the mother Province of Maguindanao, shall
The newly created province of Shariff Kabunsuan comprises the municipalities of remain with said province;
Barira, Buldon, Datu Odin Sinsuat, Kabuntalan, Matanog, Parang, Sultan
Kudarat, Sultan Mastura, Upi and Datu Blah, including Cotabato City [which] WHEREAS, the last paragraph of Section 5 of Muslim Mindanao Autonomy (MMA)
belongs to the first district of Maguindanao province. Act No. 201 provides that "(e)xcept as may be provided by national law, the
existing legislative district, which includes Cotabato City as a part thereof,
It must be emphasized that Cotabato City is not included as part of ARMM although shall remain.";
geographically located within the first district of the former Maguindanao
province. Cotabato City is not voting for provincial officials. This is the WHEREAS, by reason of said provision of MMA Act No. 201, the first legislative
reason why Cotabato City was not specifically mentioned as part of the district of the Province of Maguindanao is now made up of Cotabato
newly created province of Shariff Kabunsuan. City only, and its second legislative district, the municipalities of
Talisay, Talayan, Guindulungan, Datu Saudi Ampatuan, Datu Piang,
Geographically speaking since [sic] Cotabato City is located within the newly created Shariff Aguak, Datu Unsay, Mamasapano, South Upi, Ampatuan, Datu
province of Shariff Kabunsuan having been bounded by municipalities of Abdullah Sangki, Buluan, Datu Paglas, Gen. S. K. Pendatun, Sultan Sa
Sultan Kudarat, Datu Odin Sinsuat and Kabuntalan as its nearest neighbors. Barongis, Rajah Buayan, Pagalungan, Pagagawan, and Paglat[.]
Following the rule in establishing legislative district, it shall comprise, as far (Emphasis supplied)
as practicable, contiguous, compact and adjacent territory.
In the earlier Resolution No. 7801, dated 11 January 2007, the COMELEC allocated
However, legally speaking, it may arise question of legality [sic] if Cotabato City will one legislative seat each for the provinces of Maguindanao and Shariff
be appended as part of the newly created Shariff Kabunsuan province. Kabunsuan for the 14 May 2007 elections.
Under our Constitution [it is] only Congress that shall make a
reapportionment of legislative districts based on the standards provided for 9.Resolution No. 7902 reads in full:
under Section 5 (1) of Article VI.
This pertains to the amendment of Minute Resolution No. 07-0407 dated March 6, population requirement in Section 5 (3), Article VI of the Constitution which
2007, entitled, "IN THE MATTER OF THE MEMORANDUM OF ATTY. provides: "Each legislative district shall comprise, as far as practicable,
WYNNE B. ASDALA, ACTING DIRECTOR III, LAW DEPARTMENT, contiguous, compact, and adjacent territory. Each city with a population of
RELATIVE TO THE STUDY/RECOMMENDATION OF SAID DEPARTMENT at least two hundred fifty thousand, or each province, shall have at least
RE: CONVERSION OF THE FIRST DISTRICT OF MAGUINDANAO INTO A one representative", (Emphasis supplied) AEcTaS
REGULAR PROVINCE PER MINUTE RESOLUTION NO. 07-0297 DATED
FEBRUARY 20, 2007". The dispositive portion of which reads: 14.124 Phil. 1226 (1966).
15.As provided in the Resolution of 16 October 2007.
"Considering the foregoing, the Commission RESOLVED, as it hereby RESOLVES, 16.The Court also required Sema to submit with her Memorandum the certifications
to adopt the recommendation of the Law Department that pending the from the Department of Finance, the Lands Management Bureau, the
enactment of the appropriate law by Congress, to maintain status quo with National Statistics Office, and the Department of Interior and Local
Cotabato City as part of Shariff Kabunsuan in the First District of Government that at the time of the creation of Shariff Kabunsuan on 28
Maguindanao". August 2006 it met the requisites for the creation of a province under Section
461 of R.A. 7160. DCESaI
The Commission RESOLVED, as it hereby RESOLVES, to amend the pertinent 17."SEC. 6. Authority to Create Local Government Units. A local government unit
portion of Minute Resolution No. 07-0407 to now read, as follows[:] may be created, divided, merged, abolished, or its boundaries substantially
altered either by law enacted by Congress in the case of a province, city or
municipality, or any other political subdivision, or by ordinance passed by the
["]Considering the foregoing, the Commission RESOLVED, as it hereby RESOLVES, sangguniang panlalawigan or sangguniang panlungsod concerned in the
that the district shall be known as Shariff Kabunsuan Province with case of a barangay located within its territorial jurisdiction, subject to such
Cotabato City (formerly First District of Maguindanao with Cotabato limitations and requirements prescribed in this Code."
City)." 18."SECTION 10. No province, city, municipality, or barangay may be created,
divided, merged, abolished, or its boundary substantially altered, except in
Let the Executive Director advise the Sangguniang Panlalawigan of Cotabato City accordance with the criteria established in the Local Government Code and
accordingly. (Emphasis in the original) TcDHSI subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected." STIcaE
10."Each legislative district shall comprise, as far as practicable, contiguous, 19.Rollo, p. 229.
compact, and adjacent territory. Each city with a population of at least two 20."SECTION 6. Local government units shall have a just share, as determined by
hundred fifty thousand, or each province, shall have at least one law, in the national taxes which shall be automatically released to them".
representative". 21.Section 1, Rule 65 of the 1997 Rules of Civil Procedure.
22.Section 3, Rule 65 of the 1997 Rules of Civil Procedure.
23.See, however, Macabago v. Commission on Elections (440 Phil. 683 [2002])
11."Any province that may hereafter be created, or any city whose population may where the Court held that a petition for certiorari under Rule 65 will lie to
hereafter increase to more than two hundred fifty thousand shall be entitled question the constitutionality of an election regulation if the COMELEC has
in the immediately following election to at least one Member or such number acted capriciously or whimsically, with grave abuse of discretion amounting
of Members as it may be entitled to on the basis of the number of its to lack or excess of jurisdiction. HcSaAD
inhabitants and according to the standards set forth in paragraph (3), 24.Social Weather Stations, Inc. v. COMELEC, 409 Phil. 571 (2001); Mutuc v.
Section 5 of Article VI of the Constitution. The number of Members Commission on Elections, G.R. No. L-32717, 26 November 1970, 36 SCRA
apportioned to the province out of which such new province was created or 228.
where the city, whose population has so increased, is geographically located 25.Sections 385 and 386, R.A. 7160.
shall be correspondingly adjusted by the Commission on Elections but such 26.Sections 441, 449 and 460, R.A. 7160.
adjustment shall not be made within one hundred and twenty days before 27.Section 20, Article X, Constitution. SDaHEc
the election". cSDIHT 28.See Section 2, Article VIII of the 1973 Constitution and Section 5, Article VI of the
1935 Constitution.
12.Consistent with her claim that Cotabato City is not part of Shariff Kabunsuan's 29.312 Phil. 492, 501 (1995).
legislative district, petitioner filed with the COMELEC a petition for the 30.Section 48 of Republic Act No. 8507 (Charter of Paraaque City) provides:
disqualification of respondent Dilangalen as candidate for representative of Section 48. Legislative District. As a highly-urbanized city, the City of Paraaque
that province (docketed as SPA No. A07-0). shall have its own legislative district with the first representative to be elected
in the next national election after the passage of this Act. (Emphasis
supplied) HIAcCD
13.Respondent Dilangalen asserts, and petitioner does not dispute, that as of 2000,
Section 50 of Republic Act No. 7839 (Charter of City of Pasig) provides:
Cotabato City had a population of 163,849, falling short of the minimum
Section 50. Legislative District. As highly urbanized, the City of Pasig shall have its BIDIN, J p:
own legislative district with the first representative to be elected in the next
national elections after the passage of this Act. (Emphasis supplied) Invoking their rights as taxpayers and as residents of Mandaluyong, herein
Section 58 of Republic Act No. R.A. 9230 provides: petitioners assail the constitutionality of Republic Act No. 7675, otherwise known as
Section 58. Representative District. The City of San Jose del Monte shall have its "An Act Converting the Municipality of Mandaluyong into a Highly Urbanized City to
own representative district to commence in the next national election after be known as the City of Mandaluyong."
the effectivity of this Act. (Emphasis supplied)
Section 7 of Republic Act No. 9355 provides: Prior to the enactment of the assailed statute, the municipalities of
Section 7. Legislative District. The Province of Dinagat Islands shall constitute one, Mandaluyong and San Juan belonged to only one legislative district. Hon. Ronaldo
separate legislative district to commence in the next national election after Zamora, the incumbent congressional representative of this legislative district,
the effectivity of this Act. (Emphasis supplied) sponsored the bill which eventually became R.A. No. 7675. President Ramos
31.In his Concurring Opinion in Paras v. Commission on Elections (332 Phil. 56, 66 signed R.A. No. 7675 into law on February 9, 1994.
[1996]), then Associate Justice (later Chief Justice) Hilario G. Davide, Jr. Pursuant to the Local Government Code of 1991, a plebiscite was held on
stated: April 10, 1994. The people of Mandaluyong were asked whether they approved of
The term "regular local election" must be confined to the regular election of elective the conversion of the Municipality of Mandaluyong into a highly urbanized city as
local officials, as distinguished from the regular election of national officials. provided under R.A. No. 7675. The turnout at the plebiscite was only 14.41% of the
The elective national officials are the President, Vice-President, voting population. Nevertheless, 18,621 voted "yes" whereas 7,911 voted "no." By
Senators and Congressmen. The elective local officials are Provincial virtue of these results, R.A. No. 7675 was deemed ratified and in effect.
Governors, Vice-Governors of provinces, Mayors and Vice-Mayors of cities
and municipalities, Members of the Sanggunians of provinces, cities and Petitioners now come before this Court, contending that R.A. No. 7675,
municipalities, punong barangays and members of the sangguniang specifically Article VIII, Section 49 thereof, is unconstitutional for being violative of
barangays, and the elective regional officials of the Autonomous Region of three specific provisions of the Constitution.
Muslim Mindanao. These are the only local elective officials deemed Article VIII, Section 49 of R.A. No. 7675 provides:
recognized by Section 2 (2) of Article IX-C of the Constitution, which
provides:
"As a highly-urbanized city, the City of Mandaluyong shall have its
SEC. 2. The Commission on Elections shall exercise the following powers and
own legislative district with the first representative to be elected in
functions:
the next national elections after the passage of this Act. The
xxx xxx xxx
remainder of the former legislative district of San
(2) Exercise exclusive original jurisdiction over all contests relating to the elections,
Juan/Mandaluyong shall become the new legislative district of San
returns, and qualifications of all elective regional, provincial, and city officials, Juan with its first representative to be elected at the same election."
and appellate jurisdiction over all contests involving elective municipal
officials decided by trial courts of general jurisdiction, or involving elective
barangay officials decided by trial courts of limited jurisdiction. (Emphasis Petitioner's first objection to the aforequoted provision of R.A. No. 7675 is
supplied) EC that it contravenes the "one subject-one bill" rule, as enunciated in Article VI,
Section 26 (1) of the Constitution, to wit:

EN BANC "Sec. 26 (1). Every bill passed by the Congress shall embrace only
one subject which shall be expressed in the title thereof."

[G.R. No. 114783. December 8, 1994.]


Petitioners allege that the inclusion of the assailed Section 49 in the
subject law resulted in the latter embracing two principal subjects, namely: (1) the
ROBERT V. TOBIAS, RAMON M. GUZMAN, TERRY T. LIM, conversion of Mandaluyong into a highly urbanized city; and (2) the division of the
GREGORIO D. GABRIEL, and ROBERTO R. TOBIAS, JR. congressional district of San Juan/Mandaluyong into two separate districts.
petitioners, vs. HON. CITY MAYOR BENJAMIN S. ABALOS, CITY Petitioners contend that the second aforestated subject is not germane to
TREASURER WILLIAM MARCELINO, and THE SANGGUNIANG the subject matter of R.A. No. 7675 since the said law treats of the conversion of
PANLUNGSOD, all of the City of Mandaluyong, Metro Manila, Mandaluyong into a highly urbanized city, as expressed in the title of the law.
respondents. Therefore, since Section 49 treats of a subject distinct from that stated in the title of
the law, the "one subject-one bill" rule has not been complied with.
Petitioners' second and third objections involve Article VI, Sections 5 (1)
DECISION and (4) of the Constitution, which provide, to wit:
"Sec. 5 (1). The House of Representatives shall be composed of such requirement if the title expresses the general subject and all the provisions are
not more than two hundred and fifty members, unless otherwise germane to that general subject."
fixed by law, who shall be elected from legislative districts
The liberal construction of the "one title-one subject" rule had been further
apportioned among the provinces, cities, and the Metropolitan
elucidated in Lidasan v. Comelec (21 SCRA 496 [1967]), to wit:
Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a party "Of course, the Constitution does not require Congress to employ in
list system of registered national, regional and sectoral parties or the title of an enactment, language of such precision as to mirror,
organizations." fully index or catalogue all the contents and the minute details
therein. It suffices if the title should serve the purpose of the
constitutional demand that it inform the legislators, the persons
"Sec. 5(4). Within three years following the return of every census,
interested in the subject of the bill and the public, of the nature,
the Congress shall make a reapportionment of legislative districts
scope and consequences of the proposed law and its operation"
based on the standard provided in this section."
(emphasis supplied).

Petitioners argue that the division of San Juan and Mandaluyong into
Proceeding now to the other constitutional issues raised by petitioners to
separate congressional districts under Section 49 of the assailed law has resulted
the effect that there is no mention in the assailed law of any census to show that
in an increase in the composition of the House of Representatives beyond that
Mandaluyong and San Juan had each attained the minimum requirement of
provided in Article VI, Sec. 5 (1) of the Constitution. Furthermore, petitioners
250,000 inhabitants to justify their separation into two legislative districts, the same
contend that said division was not made pursuant to any census showing that the
does not suffice to strike down the validity of R.A. No. 7675. The said Act enjoys
subject municipalities have attained the minimum population requirements. And
the presumption of having passed through the regular congressional processes,
finally, petitioners assert that Section 49 has the effect of preempting the right of
including due consideration by the members of Congress of the minimum
Congress to reapportion legislative districts pursuant to Sec. 5 (4) as aforecited.
requirements for the establishment of separate legislative districts. At any rate, it is
The contentions are devoid of merit. not required that all laws emanating from the legislature must contain all relevant
data considered by Congress in the enactment of said laws.
Anent the first issue, we agree with the observation of the Solicitor
General that the statutory conversion of Mandaluyong into a highly urbanized city As to the contention that the assailed law violates the present limit on the
with a population of not less than two hundred fifty thousand indubitably ordains number of representatives as set forth in the Constitution, a reading of the
compliance with the "one city-one representative" proviso in the Constitution: applicable provision, Article VI, Section 5 (1), as aforequoted, shows that the
present limit of 250 members is not absolute. The Constitution clearly provides that
". . . Each city with a population of at least two hundred fifty the House of Representatives shall be composed of not more than 250 members,
thousand, or each province, shall have at least one representative" "unless otherwise provided by law." The inescapable import of the latter clause is
(Article VI, Section 5 (3), Constitution). that the present composition of Congress may be increased, if Congress itself so
mandates through a legislative enactment. Therefore, the increase in congressional
representation mandated by R.A. No. 7675 is not unconstitutional.
Hence, it is in compliance with the aforestated constitutional mandate that
the creation of a separate congressional district for the City of Mandaluyong is Thus, in the absence of proof that Mandaluyong and San Juan do not
decreed under Article VIII, Section 49 of R.A. No. 7675. qualify to have separate legislative districts, the assailed Section 49 of R.A. No.
7675 must be allowed to stand.
Contrary to petitioners' assertion, the creation of a separate congressional
district for Mandaluyong is not a subject separate and distinct from the subject of its As to the contention that Section 49 of R.A. No. 7675 in effect preempts
conversion into a highly urbanized city but is a natural and logical consequence of the right of Congress to reapportion legislative districts, the said argument borders
its conversion into a highly urbanized city. Verily, the title of R.A. No. 7675. "An Act on the absurd since petitioners overlook the glaring fact that it was Congress itself
Converting the Municipality of Mandaluyong Into a Highly Urbanized City of which drafted, deliberated upon and enacted the assailed law, including Section 49
Mandaluyong" necessarily includes and contemplates the subject treated under thereof. Congress cannot possibly preempt itself on a right which pertains to itself.
Section 49 regarding the creation of a separate congressional district for Aside from the constitutional objections to R.A. No. 7675, petitioners
Mandaluyong. present further arguments against the validity thereof.
Moreover, a liberal construction of the "one title-one subject" rule has Petitioners contend that the people of San Juan should have been made
been invariably adopted by this court so as not to cripple or impede legislation. to participate in the plebiscite on R.A. No. 7675 as the same involved a change in
Thus, in Sumulong v. Comelec (73 Phil. 288 [1941]), we ruled that the constitutional their legislative district. The contention is bereft of merit since the principal subject
requirement as now expressed in Article VI, Section 26(1) "should be given a involved in the plebiscite was the conversion of Mandaluyong into a highly
practical rather than a technical construction. It should be sufficient compliance with urbanized city. The matter of separate district representation was only ancillary
thereto. Thus, the inhabitants of San Juan were properly excluded from the said the territorial jurisdiction of a local government unit. It can legitimately exercise powers
plebiscite as they had nothing to do with the change of status of neighboring of government only within the limits of its territorial jurisdiction. Beyond these limits, its
Mandaluyong. acts are ultra vires. Needless to state, any uncertainty in the boundaries of local
government units will sow costly conflicts in the exercise of governmental powers which
Similarly, petitioners' additional argument that the subject law has resulted
ultimately will prejudice the people's welfare. This is the evil sought to be avoided by the
in "gerrymandering," which is the practice of creating legislative districts to favor a
Local Government Code in requiring that the land area of a local government unit must
particular candidate or party, is not worthy of credence. As correctly observed by
be spelled out in metes and bounds, with technical descriptions.
the Solicitor General, it should be noted that Rep. Ronaldo Zamora, the author of
the assailed law, is the incumbent representative of the former San
Juan/Mandaluyong district, having consistently won in both localities. By dividing 2. STATUTORY CONSTRUCTION; RULE THAT LAW MUST BE ENFORCED WHEN
San Juan/Mandaluyong, Rep. Zamora's constituency has in fact been diminished, ASCERTAINED, ALTHOUGH IT MAY NOT BE CONSISTENT WITH THE STRICT
which development could hardly be considered as favorable to him. LETTER OF THE STATUTE; APPLICATION IN CASE AT BAR. Congress did not
intend that laws creating new cities must contain therein detailed technical descriptions
similar to those appearing in Torrens titles, as petitioners seem to imply. To require
WHEREFORE, the petition is hereby DISMISSED for lack of merit. such description in the law as a condition sine qua non for its validity would be to defeat
the very purpose which the Local Government seeks to serve. The manifest intent of the
SO ORDERED. Code is to empower local government units and to give them their rightful due. It seeks
to make local governments more responsive to the needs of their constituents while at
Narvasa, C.J., Padilla, Regalado, Davide, Jr., Romero, Bellosillo, Quiason, Puno, Vitug, the same time serving as a vital cog in national development. To invalidate R.A. No.
Kapunan and Mendoza, JJ., concur. 7854 on the mere ground that no cadastral type of description was used in the law
would serve the letter but defeat the spirit of the Code. It then becomes a case of the
Feliciano, JJ., is on leave. master serving the slave, instead of the other way around. This could not be the
intendment of the law. Too well settled is the rule that laws must be enforced when
ascertained, although it may not be consistent with the strict letter of the statute. Courts
EN BANC will not follow the letter of the statute when to do so would depart from the true intent of
[G.R. No. 118577. March 7, 1995.] the legislature or would otherwise yield conclusions inconsistent with the general
JUANITO MARIANO, JR., et al., petitioners, vs. THE purpose of the act (Torres v. Limjap, 56 Phil. 141; Taada v. Cuenco, 103 Phil. 1051;
COMMISSION ON ELECTIONS, THE MUNICIPALITY OF Hidalgo v. Hidalgo, 33 SCRA 1105). Legislation is an active instrument of government
MAKATI, HON. JEJOMAR BINAY, THE MUNICIPAL which, for purposes of interpretation, means that laws have ends to achieve, and
TREASURER, AND SANGGUNIANG BAYAN OF MAKATI, statutes should be so construed as not to defeat but to carry out such ends and
respondents. purposes (Bocobo v. Estanislao, 72 SCRA 520).
[G.R. No. 118627. March 7, 1995.]
JOHN R. OSMEA, petitioner, vs. THE COMMISSION ON
ELECTIONS, THE MUNICIPALITY OF MAKATI, HON. JEJOMAR 3. CONSTITUTIONAL LAW; CONSTITUTIONALITY OF LAW, WHEN CHALLENGED;
BINAY, MUNICIPAL TREASURER, AND SANGGUNIANG REQUIREMENTS. The requirements before a litigant can challenge the
BAYAN OF MAKATI, respondents. constitutionality of a law are well-delineated. They are: (1) there must be an actual case
Villamor Legarda & Associates for petitioner in G.R. No. 118627. or controversy; (2) the question of constitutionality must be raised by the proper party;
(3) the constitutional question must be raised at the earliest possible opportunity; and
(4) the decision on the constitutional question must be necessary to the determination of
Acosta & Corvera Law Offices for petitioners in G.R. No. 118577. the case itself. (Dumlao v. COMELEC, 95 SCRA 392 [1980]; Cruz, Constitutional Law,
1991 ed., p. 24)
Emmanuel P.J . Tamase for private respondents.
4. ID.; REAPPORTIONMENT OF LEGISLATIVE DISTRICT; RULE; APPLICATION IN
The Solicitor General for public respondent. CASE AT BAR. In the recent case of Tobias v. Abalos, G.R. No. 114783, December
8, 1994, this Court ruled that reapportionment of legislative districts may be made
through a special law, such as in the charter of a new city. The Constitution (Section
SYLLABUS 5(1), Article VI) clearly provides that Congress shall be composed of not more than two
hundred fifty (250) members, unless otherwise fixed by law. As thus worded, the
Constitution did not preclude Congress from increasing its membership by passing a
1. ADMINISTRATIVE LAW; LOCAL GOVERNMENT CODE; DRAWING OF law, other than a general reapportionment law. This is exactly what was done by
TERRITORIAL BOUNDARIES; REQUIRED; RATIONALE. The importance of Congress in enacting R.A. No. 7854 and providing for an increase in Makati's legislative
drawing with precise strokes the territorial boundaries of a local unit of government district. Moreover, to hold that reapportionment can only be made through a general
cannot be overemphasized. The boundaries must be clear for they define the limits of apportionment law, with a review of all the legislative districts allotted to each local
government unit nationwide, would create an unequitable situation where a new city or At bench are two (2) petitions assailing certain provisions of Republic Act
province created by Congress will be denied legislative representation for an No. 7854 as unconstitutional. R.A. No. 7854 is entitled, "An Act Converting the
indeterminate period of time. That intolerable situation will deprive the people of a new Municipality of Makati Into a Highly Urbanized City to be known as the City of
city or province a particle of their sovereignty. Sovereignty cannot admit of any kind of Makati." 1
subtraction. It is indivisible. It must be forever whole or it is not sovereignty.
G.R. No. 118577 involves a petition for prohibition and declaratory relief. It
was filed by petitioners Juanito Mariano, Jr., Ligaya S. Bautista, Teresita Tibay,
DAVIDE, JR., J ., concurring opinion: Camilo Santos, Frankie Cruz, Ricardo Pascual, Teresita Abang, Valentina
Pitalvero, Rufino Caldoza, Florante Alba, and Perfecto Alba. Of the petitioners, only
1. CONSTITUTIONAL LAW; LOCAL GOVERNMENT CODE OF 1991 (R.A. No. 7160); Mariano, Jr., is a resident of Makati. The others are residents of Ibayo Ususan,
REQUIREMENT THAT TERRITORIAL BOUNDARIES BE IDENTIFIED BY METES Taguig, Metro Manila. Suing as taxpayers, they assail as unconstitutional Sections
AND BOUNDS WITH TECHNICAL DESCRIPTION; WHEN NOT APPLICABLE; CASE 2, 51 and 52 of R.A. No. 7854 on the following grounds:
AT BAR. Section 10, Article X of the Constitution provides that "[n]o province, city,
municipality or barangay may be created, divided, merged, abolished, or its boundary "1. Section 2 of R.A. No. 7854 did not properly identify the land
substantially altered, except in accordance with the criteria established in the local area or territorial jurisdiction of Makati by metes and bounds, with
government code and subject to the approval by a majority of the votes cast in a technical descriptions, in violation of Section 10, Article X of the
plebiscite in the political units directly affected." These criteria are now set forth in Constitution, in relation to Sections 7 and 450 of the Local
Section 7 of the Local Government Code of 1991 (R.A. No. 7160). One of these is that Government Code;
the territorial jurisdiction of the local government unit to be created or converted should
be properly identified by metes and bounds with technical descriptions. The omission of
2. Section 51 of R.A. No. 7854 attempts to alter or restart the 'three
R.A. No. 7854 (An Act Converting the Municipality of Makati Into a Highly Urbanized
consecutive term' limit for local elective officials, in violation of
City to be Known as the City of Makati) to describe the territorial boundaries of the city
Section 8, Article X and Section 7, Article VI of the Constitution.
by metes and bounds does not make R.A. No. 7854 unconstitutional or illegal. The
Constitution does not provide for a description by metes and bounds as a condition sine
qua non for the creation of a local government unit or its conversion from one level to 3. Section 52 of R.A. No. 7854 is unconstitutional for:
another. The criteria provided for in Section 7 of R.A. No. 7854 are not absolute, for, as
a matter of fact, the section starts with the clause "as a general rule." The petitioners' (a) it increased the legislative district of Makati
reliance on Section 450 of R.A. No. 7160 is unavailing. Said section only applies to the only by special law (the Charter in violation of
conversion of a municipality or a cluster of barangays into a COMPONENT CITY, not a the constitutional provision requiring a general
highly urbanized city. reapportionment law to be passed by Congress
within three (3) years following the return of
2. ID.; R.A. No. 7854; INCREASE IN THE NUMBER OF LEGISLATIVE SEATS; every census; dctai
JUSTIFIED. Strictly speaking, the increase in the number of legislative seats for the
City of Makati provided for in R.A. No. 7854 is not an increase justified by the clause (b) the increase in legislative district, was not
unless otherwise fixed by law in paragraph 1, Section 5, Article VI of the Constitution. expressed in the title of the bill; and
That clause contemplates of the reapportionment mentioned in the succeeding
paragraph (4) of the said Section which reads in full as follows: "Within three years
(c) the addition of another legislative district in
following the return of every census, the Congress shall make a reapportionment of
Makati is not in accord with Section 5 (3),
legislative districts based on the standards provided in this section." In short, the clause
Article VI of the constitution for as of the latest
refers to a general reapportionment law. The increase under R.A. No. 7854 is a
survey (1990 census), the population of Makati
permissible increase under Sections 1 and 3 of the Ordinance appended to the
stands at only 450,000."
Constitution.

G.R. No. 118627 was filed by petitioner John H. Osmea as senator,


taxpayer, and concerned citizen. Petitioner assails Section 52 of R.A. No. 7854 as
DECISION unconstitutional on the same grounds as aforestated.

We find no merit in the petitions.


PUNO, J p: I
Section 2, Article I of R.A. No. 7854 delineated the land area of the legislative finding of fact which could decide the issue. This would have ensued if
proposed city of Makati, thus: they defined the land area of the proposed city by its exact metes and bounds, with
technical descriptions. 3 We take judicial notice of the fact that Congress has also
"SEC. 2. The City of Makati. The Municipality of Makati shall be refrained from using the metes and bounds description of land areas of other local
converted into a highly urbanized city to be known as the City of government units with unsettled boundary disputes. 4
Makati, hereinafter referred to as the City, which shall comprise the We hold that the existence of a boundary dispute does not per se present
present territory of the Municipality of Makati in Metropolitan Manila an unsurmountable difficulty which will prevent Congress form defining with
Area over which it has jurisdiction bounded on the northeast by reasonable certitude the territorial jurisdiction of a local government unit. In the
Pasig River and beyond by the City of Mandaluyong and the cases at bench, Congress maintained the existing boundaries of the proposed City
Municipality of Pasig; on the southeast by the municipalities of of Makati but as an act of fairness, made them subject to the ultimate resolution by
Pateros and Taguig; on the southwest by the City of Pasay and the the courts. Considering these peculiar circumstances, we are not prepared to hold
Municipality of Taguig; and, on the northwest, by the City of Manila. that Section 2 of R.A. 7854 is unconstitutional. We sustain the submission of the
Solicitor General in this regard, viz:
The foregoing provision shall be without prejudice to the resolution
by the appropriate agency or forum of existing boundary disputes or "Going now to Sections 7 and 450 of the Local Government Code,
cases involving questions of territorial jurisdiction between the City it is beyond cavil that the requirement stated therein, viz: 'the
of Makati and the adjoining local government units." (Emphasis territorial jurisdiction of newly created or converted cities should be
supplied) described by metes and bounds, with technical descriptions' was
made in order to provide a means by which the area of said cities
In G.R. No. 118577, petitioners claim that this delineation violates may be reasonably ascertained. In other words, the requirement on
Sections 7 and 450 of the Local Government Code which require that the area of a metes and bounds was meant merely as tool in the establishment
local government unit should be made by metes and bounds with technical of local government units. It is not an end in itself. Ergo, so long as
descriptions. 2 the territorial jurisdiction of a city may be reasonably ascertained,
i.e., by referring to common boundaries with neighboring
The importance of drawing with precise strokes the territorial boundaries municipalities, as in this case, then, it may be concluded that the
of a local unit of government cannot be overemphasized. The boundaries must be legislative intent behind the law has been sufficiently served.
clear for they define the limits of the territorial jurisdiction of a local government unit.
It can legitimately exercise powers of government only within the limits of its
territorial jurisdiction. Beyond these limits, its acts are ultra vires. Needless to state, Certainly, Congress did not intend that laws creating new cities
any uncertainty in the boundaries of local government units will sow costly conflicts must contain therein detailed technical descriptions similar to those
in the exercise of governmental powers which ultimately will prejudice the people's appearing in Torrens titles, as petitioners seem to imply. To require
welfare. This is the evil sought to be avoided by the Local Government Code in such description in the law as a condition sine qua non for its
requiring that the land area of a local government unit must be spelled out in metes validity would be to defeat the very purpose which the Local
and bounds, with technical descriptions. Government Code seeks to serve. The manifest intent of the Code
is to empower local government units and to give them their rightful
Given the facts of the cases at bench, we cannot perceive how this evil due. It seeks to make local governments more responsive to the
can be brought about by the description made in Section 2 of R.A. No. 7854. needs of their constituents while at the same time serving as a vital
Petitioners have not demonstrated that the delineation of the land area of the cog in national development. To invalidate R.A. No. 7854 on the
proposed City of Makati will cause confusion as to its boundaries. We note that said mere ground that no cadastral type of description was used in the
delineation did not change even by an inch the land area previously covered by law would serve the letter but defeat the spirit of the Code. It then
Makati as a municipality. Section 2 did not add, subtract, divide, or multiply the becomes a case of the master serving the slave, instead of the
established land area of Makati. In language that cannot be any clearer, Section 2 other way around. This could not be the intendment of the law.
stated that the city's land area "shall comprise the present territory of the
municipality."
Too well settled is the rule that laws must be enforced when
The deliberations of Congress will reveal that there is a legitimate reason ascertained, although it may not be consistent with the strict letter
why the land area of the proposed City of Makati was not defined by metes and of the statute. Courts will not follow the letter of the statute when to
bounds, with technical descriptions. At the time of the consideration of R.A. No. do so would depart from the true intent of the legislature or would
7854, the territorial dispute between the municipalities of Makati and Taguig over otherwise yield conclusions inconsistent with the general purpose
Fort Bonifacio was under court litigation. Out of a becoming sense of respect to a of the act. (Torres v. Limjap, 56 Phil. 141; Taada v. Cuenco, 103
co-equal department of government, the legislations felt that the dispute should be Phil. 1051; Hidalgo v. Hidalgo, 33 SCRA 1105). Legislation is an
left to the courts to decide. They did not want to foreclose the dispute by making a active instrument of government which, for purposes of
interpretation, means that laws have ends to achieve, and statutes officials of Makati and disregards the terms previously serve by them. In particular,
should be so construed as not to defeat but to carry out such ends petitioners point that Section 51 favors the incumbent Makati Mayor, respondent
and purposes (Bocobo v. Estanislao, 72 SCRA 520). The same rule Jejomar Binay, who has already served for two (2) consecutive terms. They further
must indubitably apply to the case at bar." argue that should Mayor Binay decide to run and eventually win as city mayor in
the coming elections, he can still run for the same position in 1998 and seek
II another three-year consecutive term since his previous three-year consecutive term
as municipal mayor would not be counted. Thus, petitioners conclude that said
Petitioners in G.R. No. 118577 also assail the constitutionality of Section Section 51 has been conveniently crafted to suit the political ambitions of
51, Article X of R.A. No. 7854. Section 51 states: respondent Mayor Binay.
We cannot entertain this challenge to the constitutionality of Section 51.
"SEC. 51. Officials of the City of Makati. The represent elective The requirements before a litigant can challenge the constitutionality of a law are
officials of the Municipality of Makati shall continue as the officials well-delineated. They are: (1) there must be an actual case or controversy; (2) the
of the City of Makati and shall exercise their powers and functions question of constitutionality must be raised by the proper party; (3) the
until such time that a new election is held and the duly elected constitutional question must be raised at the earliest possible opportunity; and (4)
officials shall have already qualified and assume their offices: the decision on the constitutional question must be necessary to the determination
Provided, The new city will acquire a new corporate existence. The of the case itself. 5
appointive officials and employees of the City shall likewise
continue exercising their functions and duties and they shall be
automatically absorbed by the city government of the City of Petitioners have far from complied with these requirements. The petition is
Makati." premised on the occurrence of many contingent events, i.e., that Mayor Binay will
run again in this coming mayoralty elections; that he would be re-elected in said
They contend that this section collides with Section 8, Article X and Section 7, elections; and that he would seek re-election for the same post in the 1998
Article VI of the Constitution which provide: elections. Considering that these contingencies may or may not happen, petitioners
merely pose a hypothetical issue which has yet to ripen to an actual case or
controversy. Petitioners who are residents of Taguig (except Mariano) are not also
"SEC. 8. The term of office of elective local officials, except
the proper parties to raise this abstract issue. Worse, they hoist this futuristic issue
barangay officials, which shall be determined by law, shall be three
in a petition for declaratory relief over which this Court has no jurisdiction.
years and no such official shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any III
length of time shall not be considered as an interruption in the
Finally, petitioners in the two (2) cases at bench assail the constitutionality
continuity of his service for the full term for which he was elected.
of Section 52, Article X of R.A. No. 7854. Section 52 of the Charter provides:

xxx xxx xxx


"SEC. 52. Legislative Districts. Upon its conversion into a highly-
urbanized city, Makati shall thereafter have at least two (2)
SEC. 7. The Members of the House of Representatives shall be legislative districts that shall initially correspond to the two (2)
elected for a term of three years which shall begin, unless existing districts created under Section 3 (a) of Republic Act No.
otherwise provided by law at noon on the thirtieth day of June next 7166 as implemented by the Commission on Elections to
following their election. commence at the next national elections to be held after the
effectivity of this Act. Henceforth, barangays Magallanes,
No member of the House of Representatives shall serve for more Dasmarias, and Forbes shall be with the first district, in lieu of
than three consecutive terms. Voluntary renunciation of the office Barangay Guadalupe-Viejo which shall form part of the second
for any length of time shall not be considered as an interruption in district." (Emphasis supplied)
the continuity of his service for the full term for which he was
elected." cdll They contend that the addition of another legislative district in Makati is
unconstitutional for: (1) reapportionment 6 cannot made by a special law; (2) the
Petitioners stress that under these provisions, elective local officials, addition of a legislative district is not expressed in the title of the bill; 7 and (3)
including Members of the House of Representatives, have a term of three (3) years Makati's population, as per the 1990 census, stands at only four hundred fifty
and are prohibited from serving for more than three (3) consecutive terms. They thousand (450,000).
argue that by providing that the new city shall acquire a new corporate existence, These issues have been laid to rest in the recent case of Tobias v. Abalos.
Section 51 of R.A. No. 7854 restarts the term of the present municipal elective 8 In said case, we ruled that reapportionment of legislative districts may be made
through a special law, such as in the charter of a new city. The Constitution 9 [G.R. No. 189698. February 22, 2010.]
clearly provides that Congress shall be composed of not more than two hundred
fifty (250) members, unless otherwise fixed by law. As thus worded, the
Constitution did not preclude Congress from increasing its membership by passing ELEAZAR P. QUINTO and GERINO A. TOLENTINO, JR.,
a law, other than a general reapportionment law. This is exactly what was done by petitioners, vs. COMMISSION ON ELECTIONS, respondent.
Congress in enacting R.A. No. 7854 and providing for an increase in Makati's
legislative district. Moreover, to hold that reapportionment can only be made
through a general apportionment law, with a review of all the legislative districts
allotted to each local government unit nationwide, would create an inequitable RESOLUTION
situation where a new city or province created by Congress will be denied
legislative representation for an indeterminate period of time. 10 That intolerable
situation will deprive the people of a new city or province a particle of their
sovereignty. 11 Sovereignty cannot admit of any kind of subtraction. It is indivisible. PUNO, C.J p:
It must be forever whole or it is not sovereignty.
Petitioners cannot insist that the addition of another legislative district in Upon a careful review of the case at bar, this Court resolves to grant the respondent
Makati is not in accord with Section 5(3), Article VI 12 of the Constitution for as of Commission on Elections' (COMELEC) motion for reconsideration, and the movants-
the latest survey (1990 census), the population of Makati stands at only four intervenors' motions for reconsideration-in-intervention, of this Court's December 1,
hundred fifty thousand (450,000). 13 Said section provides, inter alia, that a city 2009 Decision (Decision). 1
with a population of at least two hundred fifty thousand (250,000) shall have at least
one representative. Even granting that the population of Makati as of the 1990 The assailed Decision granted the Petition for Certiorari and Prohibition filed by Eleazar
census stood at four hundred fifty thousand (450,000), its legislative district may P. Quinto and Gerino A. Tolentino, Jr. and declared as unconstitutional the second
still be increased since it has met the minimum population requirement of two proviso in the third paragraph of Section 13 of Republic Act No. 9369, 2 Section 66 of
hundred fifty thousand (250,000). In fact, Section 3 of the Ordinance appended to the Omnibus Election Code 3 and Section 4 (a) of COMELEC Resolution No. 8678, 4
the Constitution provides that a city whose population has increased to more than mainly on the ground that they violate the equal protection clause of the Constitution
two hundred fifty thousand (250,000) shall be entitled to at least one congressional and suffer from overbreadth. The assailed Decision thus paved the way for public
representative. 14 appointive officials to continue discharging the powers, prerogatives and functions of
Finally, we do not find merit in petitioners' contention that the creation of their office notwithstanding their entry into the political arena.
an additional legislative district in Makati should have been expressly stated in the
title of the bill. In the same case of Tobias v. Abalos, op cit. we reiterated the policy In support of their respective motions for reconsideration, respondent COMELEC and
of the Court favoring a liberal construction of the "one title-one subject" rule so as movants-intervenors submit the following arguments:
not to impede legislation. To be sure, the Constitution does not command that the
title of a law should exactly mirror, fully index, or completely catalogue all its details. (1) The assailed Decision is contrary to, and/or violative of, the
Hence, we ruled that "it should be sufficient compliance if the title expresses the constitutional proscription against the participation of
general subject and all the provisions are germane to such general subject." public appointive officials and members of the military in
WHEREFORE, the petitions are hereby DISMISSED for lack of merit. No partisan political activity;
costs.
SO ORDERED. (2) The assailed provisions do not violate the equal protection
clause when they accord differential treatment to elective
and appointive officials, because such differential
Narvasa, C .J ., Feliciano, Padilla, Bidin, Regalado, Romero, Bellosillo, Melo, Quiason, treatment rests on material and substantial distinctions
Vitug, Kapunan, Mendoza and Francisco, JJ ., concur. and is germane to the purposes of the law; cDaEAS

||| (Mariano, Jr. v. COMELEC, G.R. No. 118577, 118627, March 07, 1995) (3) The assailed provisions do not suffer from the infirmity of
overbreadth; and

(4) There is a compelling need to reverse the assailed Decision, as


public safety and interest demand such reversal.
EN BANC

We find the foregoing arguments meritorious.


I. This rule, however, is not inflexible. Interventions have been allowed even beyond the
period prescribed in the Rule, when demanded by the higher interest of justice.
Procedural Issues
Interventions have also been granted to afford indispensable parties, who have not
been impleaded, the right to be heard even after a decision has been rendered by the
First, we shall resolve the procedural issues on the timeliness of the COMELEC's trial court, 8 when the petition for review of the judgment has already been submitted for
motion for reconsideration which was filed on December 15, 2009, as well as the decision before the Supreme Court, 9 and even where the assailed order has already
propriety of the motions for reconsideration-in-intervention which were filed after the become final and executory. 10 In Lim v. Pacquing, 11 the motion for intervention filed
Court had rendered its December 1, 2009 Decision. by the Republic of the Philippines was allowed by this Court to avoid grave injustice and
injury and to settle once and for all the substantive issues raised by the parties.
i. Timeliness of COMELEC's Motion for Reconsideration
In fine, the allowance or disallowance of a motion for intervention rests on the sound
Pursuant to Section 2, Rule 56-A of the 1997 Rules of Court, 5 in relation to Section 1, discretion of the court 12 after consideration of the appropriate circumstances. 13 We
Rule 52 of the same rules, 6 COMELEC had a period of fifteen days from receipt of stress again that Rule 19 of the Rules of Court is a rule of procedure whose object is to
notice of the assailed Decision within which to move for its reconsideration. COMELEC make the powers of the court fully and completely available for justice. 14 Its purpose is
received notice of the assailed Decision on December 2, 2009, hence, had until not to hinder or delay, but to facilitate and promote the administration of justice. 15
December 17, 2009 to file a Motion for Reconsideration.
We rule that, with the exception of the IBP-Cebu City Chapter, all the movants-
The Motion for Reconsideration of COMELEC was timely filed. It was filed on December intervenors may properly intervene in the case at bar.
14, 2009. The corresponding Affidavit of Service (in substitution of the one originally
submitted on December 14, 2009) was subsequently filed on December 17, 2009 still First, the movants-intervenors have each sufficiently established a substantial right or
within the reglementary period. interest in the case.

ii. Propriety of the Motions for Reconsideration-in-Intervention As a Senator of the Republic, Senator Manuel A. Roxas has a right to challenge the
December 1, 2009 Decision, which nullifies a long established law; as a voter, he has a
Section 1, Rule 19 of the Rules of Court provides: right to intervene in a matter that involves the electoral process; and as a public officer,
he has a personal interest in maintaining the trust and confidence of the public in its
system of government.
A person who has legal interest in the matter in litigation or in the
success of either of the parties, or an interest against both, or is so
situated as to be adversely affected by a distribution or other On the other hand, former Senator Franklin M. Drilon and Tom V. Apacible are
disposition of property in the custody of the court or of an officer candidates in the May 2010 elections running against appointive officials who, in view of
thereof may, with leave of court, be allowed to intervene in the the December 1, 2009 Decision, have not yet resigned from their posts and are not
action. The court shall consider whether or not the intervention will likely to resign from their posts. They stand to be directly injured by the assailed
unduly delay or prejudice the adjudication of the rights of the Decision, unless it is reversed.
original parties, and whether or not the intervenor's rights may be
fully protected in a separate proceeding. Moreover, the rights or interests of said movants-intervenors cannot be adequately
pursued and protected in another proceeding. Clearly, their rights will be foreclosed if
Pursuant to the foregoing rule, this Court has held that a motion for intervention shall be this Court's Decision attains finality and forms part of the laws of the land.
entertained when the following requisites are satisfied: (1) the would-be intervenor
shows that he has a substantial right or interest in the case; and (2) such right or With regard to the IBP-Cebu City Chapter, it anchors its standing on the assertion that
interest cannot be adequately pursued and protected in another proceeding. 7 SCIacA "this case involves the constitutionality of elections laws for this coming 2010 National
Elections," and that "there is a need for it to be allowed to intervene . . . so that the voice
Upon the other hand, Section 2, Rule 19 of the Rules of Court provides the time within of its members in the legal profession would also be heard before this Highest Tribunal
which a motion for intervention may be filed, viz.: as it resolves issues of transcendental importance." 16 SDHacT

SECTION 2. Time to intervene. The motion for intervention may Prescinding from our rule and ruling case law, we find that the IBP-Cebu City Chapter
be filed at any time before rendition of judgment by the trial court. A has failed to present a specific and substantial interest sufficient to clothe it with
copy of the pleading-in-intervention shall be attached to the motion standing to intervene in the case at bar. Its invoked interest is, in character, too
and served on the original parties. (italics supplied) indistinguishable to justify its intervention.
We now turn to the substantive issues. elected official as resigned only upon the start of the campaign
period corresponding to the positions for which they are running, 19
II. an elected official is not deemed to have resigned from his office
upon the filing of his certificate of candidacy for the same or any
Substantive Issues other elected office or position. In fine, an elected official may run
for another position without forfeiting his seat. ADEHTS
The assailed Decision struck down Section 4 (a) of Resolution 8678, the second proviso
in the third paragraph of Section 13 of Republic Act (RA) 9369, and Section 66 of the These laws and regulations implement Section 2 (4), Article IX-B of the 1987
Omnibus Election Code, on the following grounds: Constitution, which prohibits civil service officers and employees from engaging in
any electioneering or partisan political campaign.
(1) They violate the equal protection clause of the Constitution
because of the differential treatment of persons holding The intention to impose a strict limitation on the participation of civil service officers and
appointive offices and those holding elective positions; employees in partisan political campaigns is unmistakable. The exchange between
Commissioner Quesada and Commissioner Foz during the deliberations of the
(2) They are overbroad insofar as they prohibit the candidacy of all Constitutional Commission is instructive:
civil servants holding appointive posts: (a) without
distinction as to whether or not they occupy high/influential MS. QUESADA.
positions in the government, and (b) they limit these civil
servants' activity regardless of whether they be partisan or
xxx xxx xxx
nonpartisan in character, or whether they be in the
national, municipal or barangay level; and
Secondly, I would like to address the issue here as provided in
Section 1 (4), line 12, and I quote: "No officer or employee
(3) Congress has not shown a compelling state interest to restrict
in the civil service shall engage, directly or indirectly, in
the fundamental right of these public appointive officials.
any partisan political activity." This is almost the same
provision as in the 1973 Constitution. However, we in the
We grant the motions for reconsideration. We now rule that Section 4 (a) of Resolution government service have actually experienced how this
8678, Section 66 of the Omnibus Election Code, and the second proviso in the third provision has been violated by the direct or indirect
paragraph of Section 13 of RA 9369 are not unconstitutional, and accordingly reverse partisan political activities of many government officials.
our December 1, 2009 Decision.
So, is the Committee willing to include certain clauses that would
III. make this provision more strict, and which would deter its
Section 4 (a) of COMELEC Resolution 8678 Compliant with Law violation?

Section 4 (a) of COMELEC Resolution 8678 is a faithful reflection of the present state of MR. FOZ.
the law and jurisprudence on the matter, viz.:
Madam President, the existing Civil Service Law and the
Incumbent Appointive Official. Under Section 13 of RA 9369, implementing rules on the matter are more than
which reiterates Section 66 of the Omnibus Election Code, any exhaustive enough to really prevent officers and
person holding a public appointive office or position, including employees in the public service from engaging in any form
active members of the Armed Forces of the Philippines, and of partisan political activity. But the problem really lies in
officers and employees in government-owned or -controlled implementation because, if the head of a ministry, and
corporations, shall be considered ipso facto resigned from his office even the superior officers of offices and agencies of
upon the filing of his certificate of candidacy. government will themselves violate the constitutional
injunction against partisan political activity, then no string
of words that we may add to what is now here in this draft
Incumbent Elected Official. Upon the other hand, pursuant to will really implement the constitutional intent against
Section 14 of RA 9006 or the Fair Election Act, 17 which repealed partisan political activity. . . . 20 (italics supplied)
Section 67 of the Omnibus Election Code 18 and rendered
ineffective Section 11 of R.A. 8436 insofar as it considered an
To emphasize its importance, this constitutional ban on civil service officers and partisan political activity, except to vote or to preserve public order,
employees is presently reflected and implemented by a number of statutes. Section 46 if he is a peace officer.
(b) (26), Chapter 7 and Section 55, Chapter 8 both of Subtitle A, Title I, Book V of the
Administrative Code of 1987 respectively provide in relevant part: The intent of both Congress and the framers of our Constitution to limit the participation
of civil service officers and employees in partisan political activities is too plain to be
Section 44. Discipline: General Provisions: mistaken.

xxx xxx xxx But Section 2 (4), Article IX-B of the 1987 Constitution and the implementing statutes
apply only to civil servants holding apolitical offices. Stated differently, the
(b) The following shall be grounds for disciplinary action: constitutional ban does not cover elected officials, notwithstanding the fact that
"[t]he civil service embraces all branches, subdivisions, instrumentalities, and agencies
of the Government, including government-owned or controlled corporations with original
xxx xxx xxx charters." 21 This is because elected public officials, by the very nature of their office,
engage in partisan political activities almost all year round, even outside of the
(26) Engaging directly or indirectly in partisan political campaign period. 22 Political partisanship is the inevitable essence of a political office,
activities by one holding a non-political office. TCacIE elective positions included. 23

xxx xxx xxx The prohibition notwithstanding, civil service officers and employees are allowed to
vote, as well as express their views on political issues, or mention the names of certain
Section 55. Political Activity. No officer or employee in the Civil candidates for public office whom they support. This is crystal clear from the
deliberations of the Constitutional Commission, viz.:
Service including members of the Armed Forces, shall engage
directly or indirectly in any partisan political activity or take part in
any election except to vote nor shall he use his official authority or MS. AQUINO:
influence to coerce the political activity of any other person or body.
Nothing herein provided shall be understood to prevent any officer Mr. Presiding Officer, my proposed amendment is on page 2,
or employee from expressing his views on current political Section 1, subparagraph 4, lines 13 and 14. On line 13,
problems or issues, or from mentioning the names of his between the words "any" and "partisan," add the phrase
candidates for public office whom he supports: Provided, That ELECTIONEERING AND OTHER; and on line 14, delete
public officers and employees holding political offices may take part the word "activity" and in lieu thereof substitute the word
in political and electoral activities but it shall be unlawful for them to CAMPAIGN. AaITCS
solicit contributions from their subordinates or subject them to any
of the acts involving subordinates prohibited in the Election Code.
May I be allowed to explain my proposed amendment?
Section 261 (i) of Batas Pambansa Blg. 881 (the Omnibus Election Code) further
makes intervention by civil service officers and employees in partisan political THE PRESIDING OFFICER (Mr. Treas):
activities an election offense, viz.:
Commissioner Aquino may proceed.
SECTION 261. Prohibited Acts. The following shall be guilty of
an election offense: MS. AQUINO:

xxx xxx xxx The draft as presented by the Committee deleted the phrase
"except to vote" which was adopted in both the 1935 and
(i) Intervention of public officers and employees. Any officer or 1973 Constitutions. The phrase "except to vote" was not
employee in the civil service, except those holding political offices; intended as a guarantee to the right to vote but as a
any officer, employee, or member of the Armed Forces of the qualification of the general prohibition against taking part
Philippines, or any police force, special forces, home defense in elections.
forces, barangay self-defense units and all other para-military units
that now exist or which may hereafter be organized who, directly or Voting is a partisan political activity. Unless it is explicitly provided
indirectly, intervenes in any election campaign or engages in any for as an exception to this prohibition, it will amount to
disenfranchisement. We know that suffrage, although The petitioners in Farias thus brought an equal protection challenge against Section
plenary, is not an unconditional right. In other words, the 14, with the end in view of having the deemed-resigned provisions "apply equally" to
Legislature can always pass a statute which can withhold both elected and appointive officials. We held, however, that the legal dichotomy
from any class the right to vote in an election, if public created by the Legislature is a reasonable classification, as there are material and
interest so required. I would only like to reinstate the significant distinctions between the two classes of officials. Consequently, the
qualification by specifying the prohibited acts so that those contention that Section 14 of the Fair Election Act, in relation to Sections 66 and 67 of
who may want to vote but who are likewise prohibited from the Omnibus Election Code, infringed on the equal protection clause of the Constitution,
participating in partisan political campaigns or failed muster. We ruled:
electioneering may vote.
The petitioners' contention, that the repeal of Section 67 of the
MR. FOZ: Omnibus Election Code pertaining to elective officials gives undue
benefit to such officials as against the appointive ones and violates
There is really no quarrel over this point, but please understand the equal protection clause of the constitution, is tenuous.
that there was no intention on the part of the Committee to
disenfranchise any government official or employee. The The equal protection of the law clause in the Constitution is not
elimination of the last clause of this provision was absolute, but is subject to reasonable classification. If the groupings
precisely intended to protect the members of the civil are characterized by substantial distinctions that make real
service in the sense that they are not being deprived of the differences, one class may be treated and regulated differently from
freedom of expression in a political contest. The last the other. The Court has explained the nature of the equal
phrase or clause might have given the impression that a protection guarantee in this manner:
government employee or worker has no right whatsoever
in an election campaign except to vote, which is not the The equal protection of the law clause is against undue
case. They are still free to express their views although favor and individual or class privilege, as well as hostile
the intention is not really to allow them to take part actively discrimination or the oppression of inequality. It is not
in a political campaign. 24 intended to prohibit legislation which is limited either in the
object to which it is directed or by territory within which it is
IV. to operate. It does not demand absolute equality among
residents; it merely requires that all persons shall be
Section 4(a) of Resolution 8678, Section 13 of RA 9369, and
treated alike, under like circumstances and conditions both
Section 66 of the Omnibus Election Code Do Not Violate the
as to privileges conferred and liabilities enforced. The
Equal Protection Clause
equal protection clause is not infringed by legislation which
applies only to those persons falling within a specified
We now hold that Section 4 (a) of Resolution 8678, Section 66 of the Omnibus Election class, if it applies alike to all persons within such class,
Code, and the second proviso in the third paragraph of Section 13 of RA 9369 are not and reasonable grounds exist for making a distinction
violative of the equal protection clause of the Constitution. DcTSHa between those who fall within such class and those who
do not. ADTEaI
i. Farias, et al. v. Executive Secretary, et al. is Controlling
Substantial distinctions clearly exist between elective officials and
In truth, this Court has already ruled squarely on whether these deemed-resigned appointive officials. The former occupy their office by virtue of the
provisions challenged in the case at bar violate the equal protection clause of the mandate of the electorate. They are elected to an office for a
Constitution in Farias, et al. v. Executive Secretary, et al. 25 definite term and may be removed therefrom only upon stringent
conditions. On the other hand, appointive officials hold their office
by virtue of their designation thereto by an appointing authority.
In Farias, the constitutionality of Section 14 of the Fair Election Act, in relation to
Some appointive officials hold their office in a permanent capacity
Sections 66 and 67 of the Omnibus Election Code, was assailed on the ground, among
and are entitled to security of tenure while others serve at the
others, that it unduly discriminates against appointive officials. As Section 14 repealed
pleasure of the appointing authority.
Section 67 (i.e., the deemed-resigned provision in respect of elected officials) of the
Omnibus Election Code, elected officials are no longer considered ipso facto resigned
from their respective offices upon their filing of certificates of candidacy. In contrast, Another substantial distinction between the two sets of officials is
since Section 66 was not repealed, the limitation on appointive officials continues to be that under Section 55, Chapter 8, Title I, Subsection A. Civil Service
operative they are deemed resigned when they file their certificates of candidacy. Commission, Book V of the Administrative Code of 1987 (Executive
Order No. 292), appointive officials, as officers and employees in because the disposition of the case is, or might have been, made on some other
the civil service, are strictly prohibited from engaging in any ground; or even though, by reason of other points in the case, the result reached might
partisan political activity or take (sic) part in any election except to have been the same if the court had held, on the particular point, otherwise than it did.
vote. Under the same provision, elective officials, or officers or 31 As we held in Villanueva, Jr. v. Court of Appeals, et al.: 32
employees holding political offices, are obviously expressly allowed
to take part in political and electoral activities. . . . A decision which the case could have turned on is not regarded
as obiter dictum merely because, owing to the disposal of the
By repealing Section 67 but retaining Section 66 of the Omnibus contention, it was necessary to consider another question, nor can
Election Code, the legislators deemed it proper to treat these two an additional reason in a decision, brought forward after the case
classes of officials differently with respect to the effect on their has been disposed of on one ground, be regarded as dicta. So,
tenure in the office of the filing of the certificates of candidacy for also, where a case presents two (2) or more points, any one of
any position other than those occupied by them. Again, it is not which is sufficient to determine the ultimate issue, but the court
within the power of the Court to pass upon or look into the wisdom actually decides all such points, the case as an authoritative
of this classification. precedent as to every point decided, and none of such points can
be regarded as having the status of a dictum, and one point should
Since the classification justifying Section 14 of Rep. Act No. 9006, not be denied authority merely because another point was more
i.e., elected officials vis--vis appointive officials, is anchored upon dwelt on and more fully argued and considered, nor does a
material and significant distinctions and all the persons belonging decision on one proposition make statements of the court regarding
under the same classification are similarly treated, the equal other propositions dicta. 33 (italics supplied)
protection clause of the Constitution is, thus, not infringed. 26
ii. Classification Germane to the Purposes of the Law
The case at bar is a crass attempt to resurrect a dead issue. The miracle is that our
assailed Decision gave it new life. We ought to be guided by the doctrine of stare The Farias ruling on the equal protection challenge stands on solid ground even if
decisis et non quieta movere. This doctrine, which is really "adherence to precedents," reexamined.
mandates that once a case has been decided one way, then another case involving
exactly the same point at issue should be decided in the same manner. 27 This doctrine To start with, the equal protection clause does not require the universal application of
is one of policy grounded on the necessity for securing certainty and stability of judicial the laws to all persons or things without distinction. 34 What it simply requires is equality
decisions. As the renowned jurist Benjamin Cardozo stated in his treatise The Nature among equals as determined according to a valid classification. 35 The test developed
of the Judicial Process: by jurisprudence here and yonder is that of reasonableness, 36 which has four
requisites:
It will not do to decide the same question one way between one set
of litigants and the opposite way between another. "If a group of (1) The classification rests on substantial distinctions;
cases involves the same point, the parties expect the same
decision. It would be a gross injustice to decide alternate cases on
opposite principles. If a case was decided against me yesterday (2) It is germane to the purposes of the law;
when I was a defendant, I shall look for the same judgment today if
I am plaintiff. To decide differently would raise a feeling of (3) It is not limited to existing conditions only; and
resentment and wrong in my breast; it would be an infringement,
material and moral, of my rights." Adherence to precedent must (4) It applies equally to all members of the same class. 37
then be the rule rather than the exception if litigants are to have
faith in the even-handed administration of justice in the courts. 28
CaHAcT Our assailed Decision readily acknowledged that these deemed-resigned provisions
satisfy the first, third and fourth requisites of reasonableness. It, however, proffers the
dubious conclusion that the differential treatment of appointive officials vis--vis elected
Our Farias ruling on the equal protection implications of the deemed-resigned officials is not germane to the purpose of the law, because "whether one holds an
provisions cannot be minimalized as mere obiter dictum. It is trite to state that an appointive office or an elective one, the evils sought to be prevented by the measure
adjudication on any point within the issues presented by the case cannot be considered remain," viz.: SCEDaT
as obiter dictum. 29 This rule applies to all pertinent questions that are presented and
resolved in the regular course of the consideration of the case and lead up to the final
conclusion, and to any statement as to the matter on which the decision is predicated. . . . For example, the Executive Secretary, or any Member of the
30 For that reason, a point expressly decided does not lose its value as a precedent Cabinet for that matter, could wield the same influence as the Vice-
President who at the same time is appointed to a Cabinet post (in In other words, complete deference is accorded to the will of the
the recent past, elected Vice-Presidents were appointed to take electorate that they be served by such officials until the end of the
charge of national housing, social welfare development, interior and term for which they were elected. In contrast, there is no such
local government, and foreign affairs). With the fact that they both expectation insofar as appointed officials are concerned. CaSHAc
head executive offices, there is no valid justification to treat them
differently when both file their [Certificates of Candidacy] for the The dichotomized treatment of appointive and elective officials
elections. Under the present state of our law, the Vice-President, in is therefore germane to the purposes of the law. For the law
the example, running this time, let us say, for President, retains his was made not merely to preserve the integrity, efficiency, and
position during the entire election period and can still use the discipline of the public service; the Legislature, whose wisdom
resources of his office to support his campaign. 38 is outside the rubric of judicial scrutiny, also thought it wise to
balance this with the competing, yet equally compelling,
Sad to state, this conclusion conveniently ignores the long-standing rule that to remedy interest of deferring to the sovereign will. 51 (emphasis in the
an injustice, the Legislature need not address every manifestation of the evil at once; it original)
may proceed "one step at a time." 39 In addressing a societal concern, it must
invariably draw lines and make choices, thereby creating some inequity as to those In fine, the assailed Decision would have us "equalize the playing field" by invalidating
included or excluded. 40 Nevertheless, as long as "the bounds of reasonable choice" provisions of law that seek to restrain the evils from running riot. Under the pretext of
are not exceeded, the courts must defer to the legislative judgment. 41 We may not equal protection, it would favor a situation in which the evils are unconfined and vagrant,
strike down a law merely because the legislative aim would have been more fully existing at the behest of both appointive and elected officials, over another in which a
achieved by expanding the class. 42 Stated differently, the fact that a legislative significant portion thereof is contained. The absurdity of that position is self-evident, to
classification, by itself, is underinclusive will not render it unconstitutionally arbitrary or say the least.
invidious. 43 There is no constitutional requirement that regulation must reach each and
every class to which it might be applied; 44 that the Legislature must be held rigidly to
the choice of regulating all or none. The concern, voiced by our esteemed colleague, Mr. Justice Nachura, in his dissent,
that elected officials (vis--vis appointive officials) have greater political clout over the
electorate, is indeed a matter worth exploring but not by this Court. Suffice it to say
Thus, any person who poses an equal protection challenge must convincingly show that that the remedy lies with the Legislature. It is the Legislature that is given the authority,
the law creates a classification that is "palpably arbitrary or capricious." 45 He must under our constitutional system, to balance competing interests and thereafter make
refute all possible rational bases for the differing treatment, whether or not the policy choices responsive to the exigencies of the times. It is certainly within the
Legislature cited those bases as reasons for the enactment, 46 such that the Legislature's power to make the deemed-resigned provisions applicable to elected
constitutionality of the law must be sustained even if the reasonableness of the officials, should it later decide that the evils sought to be prevented are of such
classification is "fairly debatable." 47 In the case at bar, the petitioners failed and in frequency and magnitude as to tilt the balance in favor of expanding the class. This
fact did not even attempt to discharge this heavy burden. Our assailed Decision was Court cannot and should not arrogate unto itself the power to ascertain and impose on
likewise silent as a sphinx on this point even while we submitted the following thesis: the people the best state of affairs from a public policy standpoint.

. . . [I]t is not sufficient grounds for invalidation that we may find that iii. Mancuso v. Taft Has Been Overruled
the statute's distinction is unfair, underinclusive, unwise, or not the
best solution from a public-policy standpoint; rather, we must find
that there is no reasonably rational reason for the differing Finding no Philippine jurisprudence to prop up its equal protection ruling, our assailed
treatment. 48 Decision adverted to, and extensively cited, Mancuso v. Taft. 52 This was a decision of
the First Circuit of the United States Court of Appeals promulgated in March 1973,
which struck down as unconstitutional a similar statutory provision. Pathetically, our
In the instant case, is there a rational justification for excluding assailed Decision, relying on Mancuso, claimed:
elected officials from the operation of the deemed resigned
provisions? I submit that there is.
(1) The right to run for public office is "inextricably linked" with two
fundamental freedoms freedom of expression and
An election is the embodiment of the popular will, perhaps the association;
purest expression of the sovereign power of the people. 49 It
involves the choice or selection of candidates to public office by
popular vote. 50 Considering that elected officials are put in office (2) Any legislative classification that significantly burdens this
by their constituents for a definite term, it may justifiably be said fundamental right must be subjected to strict equal
that they were excluded from the ambit of the deemed resigned protection review; and
provisions in utmost respect for the mandate of the sovereign will.
(3) While the state has a compelling interest in maintaining the speech of its employees that differ(s) significantly from those it
honesty and impartiality of its public work force, the possesses in connection with regulation of the speech of the
deemed-resigned provisions pursue their objective in a far citizenry in general. The problem in any case is to arrive at a
too heavy-handed manner as to render them balance between the interests of the (employee), as a citizen, in
unconstitutional. commenting upon matters of public concern and the interest of the
(government), as an employer, in promoting the efficiency of the
It then concluded with the exhortation that since "the Americans, from whom we public services it performs through its employees.' Although
copied the provision in question, had already stricken down a similar measure for Congress is free to strike a different balance than it has, if it so
being unconstitutional[,] it is high-time that we, too, should follow suit." TCHcAE chooses, we think the balance it has so far struck is sustainable by
the obviously important interests sought to be served by the
limitations on partisan political activities now contained in the Hatch
Our assailed Decision's reliance on Mancuso is completely misplaced. We cannot blink Act. HTSIEa
away the fact that the United States Supreme Court effectively overruled Mancuso
three months after its promulgation by the United States Court of Appeals. In United
States Civil Service Commission, et al. v. National Association of Letter Carriers It seems fundamental in the first place that employees in the
AFL-CIO, et al. 53 and Broadrick, et al. v. State of Oklahoma, et al., 54 the United Executive Branch of the Government, or those working for any of its
States Supreme Court was faced with the issue of whether statutory provisions agencies, should administer the law in accordance with the will of
prohibiting federal 55 and state 56 employees from taking an active part in political Congress, rather than in accordance with their own or the will of a
management or in political campaigns were unconstitutional as to warrant facial political party. They are expected to enforce the law and execute
invalidation. Violation of these provisions results in dismissal from employment and the programs of the Government without bias or favoritism for or
possible criminal sanctions. against any political party or group or the members thereof. A major
thesis of the Hatch Act is that to serve this great end of
Government the impartial execution of the laws it is essential
The Court declared these provisions compliant with the equal protection clause. It held that federal employees, for example, not take formal positions in
that (i) in regulating the speech of its employees, the state as employer has interests political parties, not undertake to play substantial roles in partisan
that differ significantly from those it possesses in regulating the speech of the citizenry political campaigns, and not run for office on partisan political
in general; (ii) the courts must therefore balance the legitimate interest of employee free tickets. Forbidding activities like these will reduce the hazards to
expression against the interests of the employer in promoting efficiency of public fair and effective government.
services; (iii) if the employees' expression interferes with the maintenance of efficient
and regularly functioning services, the limitation on speech is not unconstitutional; and
(iv) the Legislature is to be given some flexibility or latitude in ascertaining which There is another consideration in this judgment: it is not only
positions are to be covered by any statutory restrictions. 57 Therefore, insofar as important that the Government and its employees in fact avoid
government employees are concerned, the correct standard of review is an interest- practicing political justice, but it is also critical that they appear to
balancing approach, a means-end scrutiny that examines the closeness of fit between the public to be avoiding it, if confidence in the system of
the governmental interests and the prohibitions in question. 58 representative Government is not to be eroded to a disastrous
extent.
Letter Carriers elucidated on these principles, as follows:
Another major concern of the restriction against partisan activities
by federal employees was perhaps the immediate occasion for
Until now, the judgment of Congress, the Executive, and the enactment of the Hatch Act in 1939. That was the conviction that
country appears to have been that partisan political activities by the rapidly expanding Government work force should not be
federal employees must be limited if the Government is to operate employed to build a powerful, invincible, and perhaps corrupt
effectively and fairly, elections are to play their proper part in political machine. The experience of the 1936 and 1938 campaigns
representative government, and employees themselves are to be convinced Congress that these dangers were sufficiently real that
sufficiently free from improper influences. The restrictions so far substantial barriers should be raised against the party in power
imposed on federal employees are not aimed at particular parties, or the party out of power, for that matter using the thousands or
groups, or points of view, but apply equally to all partisan activities hundreds of thousands of federal employees, paid for at public
of the type described. They discriminate against no racial, ethnic, or expense, to man its political structure and political campaigns.
religious minorities. Nor do they seek to control political opinions or HIDCTA
beliefs, or to interfere with or influence anyone's vote at the polls.
A related concern, and this remains as important as any other, was
But, as the Court held in Pickering v. Board of Education, 59 the to further serve the goal that employment and advancement in the
government has an interest in regulating the conduct and 'the
Government service not depend on political performance, and at 'men of common intelligence must necessarily guess at its
the same time to make sure that Government employees would be meaning.' 62 Whatever other problems there are with s 818, it is all
free from pressure and from express or tacit invitation to vote in a but frivolous to suggest that the section fails to give adequate
certain way or perform political chores in order to curry favor with warning of what activities it proscribes or fails to set out 'explicit
their superiors rather than to act out their own beliefs. It may be standards' for those who must apply it. In the plainest language, it
urged that prohibitions against coercion are sufficient protection; prohibits any state classified employee from being 'an officer or
but for many years the joint judgment of the Executive and member' of a 'partisan political club' or a candidate for 'any paid
Congress has been that to protect the rights of federal employees public office.' It forbids solicitation of contributions 'for any political
with respect to their jobs and their political acts and beliefs it is not organization, candidacy or other political purpose' and taking part
enough merely to forbid one employee to attempt to influence or 'in the management or affairs of any political party or in any political
coerce another. For example, at the hearings in 1972 on proposed campaign.' Words inevitably contain germs of uncertainty and, as
legislation for liberalizing the prohibition against political activity, the with the Hatch Act, there may be disputes over the meaning of such
Chairman of the Civil Service Commission stated that 'the terms in s 818 as 'partisan,' or 'take part in,' or 'affairs of' political
prohibitions against active participation in partisan political parties. But what was said in Letter Carriers, is applicable here:
management and partisan political campaigns constitute the most 'there are limitations in the English language with respect to being
significant safeguards against coercion . . ..' Perhaps Congress at both specific and manageably brief, and it seems to us that
some time will come to a different view of the realities of political life although the prohibitions may not satisfy those intent on finding
and Government service; but that is its current view of the matter, fault at any cost, they are set out in terms that the ordinary person
and we are not now in any position to dispute it. Nor, in our view, exercising ordinary common sense can sufficiently understand and
does the Constitution forbid it. comply with, without sacrifice to the public interest.' . . . IAEcCT

Neither the right to associate nor the right to participate in political xxx xxx xxx
activities is absolute in any event. 60 . . .
[Appellants] nevertheless maintain that the statute is overbroad and
xxx xxx xxx purports to reach protected, as well as unprotected conduct, and
must therefore be struck down on its face and held to be incapable
As we see it, our task is not to destroy the Act if we can, but to of any constitutional application. We do not believe that the
construe it, if consistent with the will of Congress, so as to comport overbreadth doctrine may appropriately be invoked in this manner
with constitutional limitations. (italics supplied) here.

Broadrick likewise definitively stated that the assailed statutory provision is xxx xxx xxx
constitutionally permissible, viz.:
The consequence of our departure from traditional rules of standing
Appellants do not question Oklahoma's right to place even-handed in the First Amendment area is that any enforcement of a statute
restrictions on the partisan political conduct of state employees. thus placed at issue is totally forbidden until and unless a limiting
Appellants freely concede that such restrictions serve valid and construction or partial invalidation so narrows it as to remove the
important state interests, particularly with respect to attracting seeming threat or deterrence to constitutionally protected
greater numbers of qualified people by insuring their job security, expression. Application of the overbreadth doctrine in this manner
free from the vicissitudes of the elective process, and by protecting is, manifestly, strong medicine. It has been employed by the Court
them from 'political extortion.' Rather, appellants maintain that sparingly and only as a last resort. . . .
however permissible, even commendable, the goals of s 818 may
be, its language is unconstitutionally vague and its prohibitions too . . . But the plain import of our cases is, at the very least, that facial
broad in their sweep, failing to distinguish between conduct that over-breadth adjudication is an exception to our traditional rules of
may be proscribed and conduct that must be permitted. For these practice and that its function, a limited one at the outset, attenuates
and other reasons, appellants assert that the sixth and seventh as the otherwise unprotected behavior that it forbids the State to
paragraphs of s 818 are void in toto and cannot be enforced sanction moves from 'pure speech' toward conduct and that
against them or anyone else. conduct-even if expressive-falls within the scope of otherwise valid
criminal laws that reflect legitimate state interests in maintaining
We have held today that the Hatch Act is not impermissibly vague. comprehensive controls over harmful, constitutionally unprotected
61 We have little doubt that s 818 is similarly not so vague that conduct. Although such laws, if too broadly worded, may deter
protected speech to some unknown extent, there comes a point It bears stressing that, in his Dissenting Opinion, Mr. Justice Nachura does not deny
where that effect-at best a prediction-cannot, with confidence, the principles enunciated in Letter Carriers and Broadrick. He would hold,
justify invalidating a statute on its face and so prohibiting a State nonetheless, that these cases cannot be interpreted to mean a reversal of Mancuso,
from enforcing the statute against conduct that is admittedly within since they "pertain to different types of laws and were decided based on a different set
its power to proscribe. To put the matter another way, particularly of facts," viz.:
where conduct and not merely speech is involved, we believe that
the overbreadth of a statute must not only be real, but substantial In Letter Carriers, the plaintiffs alleged that the Civil Service
as well, judged in relation to the statute's plainly legitimate sweep. It Commission was enforcing, or threatening to enforce, the Hatch
is our view that s 818 is not substantially overbroad and that Act's prohibition against "active participation in political
whatever overbreadth may exist should be cured through case-by- management or political campaigns." The plaintiffs desired to
case analysis of the fact situations to which its sanctions, campaign for candidates for public office, to encourage and get
assertedly, may not be applied. federal employees to run for state and local offices, to participate as
delegates in party conventions, and to hold office in a political club.
Unlike ordinary breach-of-the peace statutes or other broad
regulatory acts, s 818 is directed, by its terms, at political In Broadrick, the appellants sought the invalidation for being vague
expression which if engaged in by private persons would plainly be and overbroad a provision in the (sic) Oklahoma's Merit System of
protected by the First and Fourteenth Amendments. But at the Personnel Administration Act restricting the political activities of the
same time, s 818 is not a censorial statute, directed at particular State's classified civil servants, in much the same manner as the
groups or viewpoints. The statute, rather, seeks to regulate political Hatch Act proscribed partisan political activities of federal
activity in an even-handed and neutral manner. As indicted, such employees. Prior to the commencement of the action, the
statutes have in the past been subject to a less exacting appellants actively participated in the 1970 reelection campaign of
overbreadth scrutiny. Moreover, the fact remains that s 818 their superior, and were administratively charged for asking other
regulates a substantial spectrum of conduct that is as manifestly Corporation Commission employees to do campaign work or to
subject to state regulation as the public peace or criminal trespass. give referrals to persons who might help in the campaign, for
This much was established in United Public Workers v. Mitchell, soliciting money for the campaign, and for receiving and distributing
and has been unhesitatingly reaffirmed today in Letter Carriers. campaign posters in bulk.
Under the decision in Letter Carriers, there is no question that s
818 is valid at least insofar as it forbids classified employees from:
soliciting contributions for partisan candidates, political parties, or Mancuso, on the other hand, involves, as aforesaid, an automatic
other partisan political purposes; becoming members of national, resignation provision. Kenneth Mancuso, a full time police officer
state, or local committees of political parties, or officers or and classified civil service employee of the City of Cranston, filed
committee members in partisan political clubs, or candidates for as a candidate for nomination as representative to the Rhode
any paid public office; taking part in the management or affairs of Island General Assembly. The Mayor of Cranston then began the
any political party's partisan political campaign; serving as process of enforcing the resign-to-run provision of the City Home
delegates or alternates to caucuses or conventions of political Rule Charter.
parties; addressing or taking an active part in partisan political
rallies or meetings; soliciting votes or assisting voters at the polls or Clearly, as the above-cited US cases pertain to different types of
helping in a partisan effort to get voters to the polls; participating in laws and were decided based on a different set of facts, Letter
the distribution of partisan campaign literature; initiating or Carriers and Broadrick cannot be interpreted to mean a reversal of
circulating partisan nominating petitions; or riding in caravans for Mancuso. . . . (italics in the original)
any political party or partisan political candidate. HAIaEc
We hold, however, that his position is belied by a plain reading of these cases. Contrary
. . . It may be that such restrictions are impermissible and that s 818 to his claim, Letter Carriers, Broadrick and Mancuso all concerned the
may be susceptible of some other improper applications. But, as constitutionality of resign-to-run laws, viz.:
presently construed, we do not believe that s 818 must be
discarded in toto because some persons' arguably protected (1) Mancuso involved a civil service employee who filed as a
conduct may or may not be caught or chilled by the statute. Section candidate for nomination as representative to the Rhode
818 is not substantially overbroad and it not, therefore, Island General Assembly. He assailed the constitutionality
unconstitutional on its face. (italics supplied)
of 14.09 (c) of the City Home Rule Charter, which
prohibits "continuing in the classified service of the city
after becoming a candidate for nomination or election to Section 9 (b) requires the immediate removal of violators and
any public office." forbids the use of appropriated funds thereafter to pay
compensation to these persons. 64
(2) Letter Carriers involved plaintiffs who alleged that the Civil
Service Commission was enforcing, or threatening to (3) Broadrick was a class action brought by certain Oklahoma
enforce, the Hatch Act's prohibition against "active state employees seeking a declaration of
participation in political management or political unconstitutionality of two sub-paragraphs of Section 818 of
campaigns" 63 with respect to certain defined activities in Oklahoma's Merit System of Personnel Administration Act.
which they desired to engage. The plaintiffs relevant to Section 818 (7), the paragraph relevant to this discussion,
this discussion are: THEcAS states that "[n]o employee in the classified service shall be
. . . a candidate for nomination or election to any paid
(a) The National Association of Letter Carriers, which public office . . ." Violation of Section 818 results in
alleged that its members were desirous of, dismissal from employment, possible criminal sanctions
among others, running in local elections for and limited state employment ineligibility.
offices such as school board member, city
council member or mayor; Consequently, it cannot be denied that Letter Carriers and Broadrick effectively
overruled Mancuso. By no stretch of the imagination could Mancuso still be held
(b) Plaintiff Gee, who alleged that he desired to, but did operative, as Letter Carriers and Broadrick (i) concerned virtually identical resign-to-
not, file as a candidate for the office of Borough run laws, and (ii) were decided by a superior court, the United States Supreme Court. It
Councilman in his local community for fear that was thus not surprising for the First Circuit Court of Appeals the same court that
his participation in a partisan election would decided Mancuso to hold categorically and emphatically in Magill v. Lynch 65
endanger his job; and that Mancuso is no longer good law. As we priorly explained:

(c) Plaintiff Myers, who alleged that he desired to run as a Magill involved Pawtucket, Rhode Island firemen who ran for city
Republican candidate in the 1971 partisan office in 1975. Pawtucket's "Little Hatch Act" prohibits city
election for the mayor of West Lafayette, Indiana, employees from engaging in a broad range of political activities.
and that he would do so except for fear of losing Becoming a candidate for any city office is specifically proscribed,
his job by reason of violation of the Hatch Act. 66 the violation being punished by removal from office or immediate
dismissal. The firemen brought an action against the city officials on
the ground that that the provision of the city charter was
The Hatch Act defines "active participation in political management unconstitutional. However, the court, fully cognizant of Letter
or political campaigns" by cross-referring to the rules Carriers and Broadrick, took the position that Mancuso had
made by the Civil Service Commission. The rule pertinent since lost considerable vitality. It observed that the view that
to our inquiry states: political candidacy was a fundamental interest which could be
infringed upon only if less restrictive alternatives were not
30. Candidacy for local office: Candidacy for a available, was a position which was no longer viable, since the
nomination or for election to any National, State, Supreme Court (finding that the government's interest in
county, or municipal office is not permissible. The regulating both the conduct and speech of its employees
prohibition against political activity extends not differed significantly from its interest in regulating those of the
merely to formal announcement of candidacy but citizenry in general) had given little weight to the argument
also to the preliminaries leading to such that prohibitions against the coercion of government
announcement and to canvassing or soliciting employees were a less drastic means to the same end,
support or doing or permitting to be done any act deferring to the judgment of Congress, and applying a
in furtherance of candidacy. The fact that "balancing" test to determine whether limits on political
candidacy, is merely passive is immaterial; if an activity by public employees substantially served government
employee acquiesces in the efforts of friends in interests which were "important" enough to outweigh the
furtherance of such candidacy such employees' First Amendment rights. 67 aIcCTA
acquiescence constitutes an infraction of the
prohibitions against political activity. (italics It must be noted that the Court of Appeals ruled in this manner
supplied) even though the election in Magill was characterized as
nonpartisan, as it was reasonable for the city to fear, under the Upholding thus the constitutionality of the law in question, the
circumstances of that case, that politically active bureaucrats might Magill court detailed the major governmental interests discussed in
use their official power to help political friends and hurt political Letter Carriers and applied them to the Pawtucket provision as
foes. Ruled the court: follows:

The question before us is whether Pawtucket's charter In Letter Carriers[,] the first interest identified by the Court was that of an
provision, which bars a city employee's candidacy in even efficient government, faithful to the Congress rather than to party. The
a nonpartisan city election, is constitutional. The issue district court discounted this interest, reasoning that candidates in a local
compels us to extrapolate two recent Supreme Court election would not likely be committed to a state or national platform. This
decisions, Civil Service Comm'n v. Nat'l Ass'n of Letter observation undoubtedly has substance insofar as allegiance to broad policy
Carriers and Broadrick v. Oklahoma. Both dealt with laws positions is concerned. But a different kind of possible political intrusion into
barring civil servants from partisan political activity. Letter efficient administration could be thought to threaten municipal government:
Carriers reaffirmed United Public Workers v. Mitchell, not into broad policy decisions, but into the particulars of administration
upholding the constitutionality of the Hatch Act as to favoritism in minute decisions affecting welfare, tax assessments, municipal
federal employees. Broadrick sustained Oklahoma's "Little contracts and purchasing, hiring, zoning, licensing, and inspections. Just as
Hatch Act" against constitutional attack, limiting its holding the Court in Letter Carriers identified a second governmental interest in the
to Oklahoma's construction that the Act barred only activity avoidance of the appearance of "political justice" as to policy, so there is an
in partisan politics. In Mancuso v. Taft, we assumed that equivalent interest in avoiding the appearance of political preferment in
proscriptions of candidacy in nonpartisan elections would privileges, concessions, and benefits. The appearance (or reality) of
not be constitutional. Letter Carriers and Broadrick compel favoritism that the charter's authors evidently feared is not exorcised by the
new analysis. nonpartisan character of the formal election process. Where, as here, party
support is a key to successful campaigning, and party rivalry is the norm, the
xxx xxx xxx city might reasonably fear that politically active bureaucrats would use their
official power to help political friends and hurt political foes. This is not to say
that the city's interest in visibly fair and effective administration necessarily
What we are obligated to do in this case, as the district justifies a blanket prohibition of all employee campaigning; if parties are not
court recognized, is to apply the Court's interest balancing heavily involved in a campaign, the danger of favoritism is less, for neither
approach to the kind of nonpartisan election revealed in friend nor foe is as easily identified. CScaDH
this record. We believe that the district court found more
residual vigor in our opinion in Mancuso v. Taft than
remains after Letter Carriers. We have particular reference A second major governmental interest identified in Letter Carriers was
to our view that political candidacy was a fundamental avoiding the danger of a powerful political machine. The Court had in mind
interest which could be trenched upon only if less the large and growing federal bureaucracy and its partisan potential. The
restrictive alternatives were not available. While this district court felt this was only a minor threat since parties had no control
approach may still be viable for citizens who are not over nominations. But in fact candidates sought party endorsements, and
government employees, the Court in Letter Carriers party endorsements proved to be highly effective both in determining who
recognized that the government's interest in regulating would emerge from the primary election and who would be elected in the
both the conduct and speech of its employees differs final election. Under the prevailing customs, known party affiliation and
significantly from its interest in regulating those of the support were highly significant factors in Pawtucket elections. The charter's
citizenry in general. Not only was United Public Workers v. authors might reasonably have feared that a politically active public work
Mitchell "unhesitatingly" reaffirmed, but the Court gave force would give the incumbent party, and the incumbent workers, an
little weight to the argument that prohibitions against the unbreakable grasp on the reins of power. In municipal elections especially,
coercion of government employees were a less drastic the small size of the electorate and the limited powers of local government
means to the same end, deferring to the judgment of the may inhibit the growth of interest groups powerful enough to outbalance the
Congress. We cannot be more precise than the Third weight of a partisan work force. Even when nonpartisan issues and
Circuit in characterizing the Court's approach as "some candidacies are at stake, isolated government employees may seek to
sort of 'balancing' process". 68 It appears that the influence voters or their co-workers improperly; but a more real danger is
government may place limits on campaigning by public that a central party structure will mass the scattered powers of government
employees if the limits substantially serve government workers behind a single party platform or slate. Occasional misuse of the
interests that are "important" enough to outweigh the public trust to pursue private political ends is tolerable, especially because
employees' First Amendment rights. . . . (italics supplied) the political views of individual employees may balance each other out. But
party discipline eliminates this diversity and tends to make abuse systematic.
Instead of a handful of employees pressured into advancing their immediate The governing case is Broadrick, which introduced the doctrine of
superior's political ambitions, the entire government work force may be "substantial" overbreadth in a closely analogous case. Under Broadrick,
expected to turn out for many candidates in every election. In Pawtucket, when one who challenges a law has engaged in constitutionally
where parties are a continuing presence in political campaigns, a carefully unprotected conduct (rather than unprotected speech) and when the
orchestrated use of city employees in support of the incumbent party's challenged law is aimed at unprotected conduct, "the overbreadth of a
candidates is possible. The danger is scarcely lessened by the openness of statute must not only be real, but substantial as well, judged in relation to
Pawtucket's nominating procedure or the lack of party labels on its ballots. the statute's plainly legitimate sweep." Two major uncertainties attend the
doctrine: how to distinguish speech from conduct, and how to define
The third area of proper governmental interest in Letter Carriers was "substantial" overbreadth. We are spared the first inquiry by Broadrick
ensuring that employees achieve advancement on their merits and that they itself. The plaintiffs in that case had solicited support for a candidate, and
be free from both coercion and the prospect of favor from political activity. they were subject to discipline under a law proscribing a wide range of
The district court did not address this factor, but looked only to the possibility activities, including soliciting contributions for political candidates and
of a civil servant using his position to influence voters, and held this to be no becoming a candidate. The Court found that this combination required a
more of a threat than in the most nonpartisan of elections. But we think that substantial overbreadth approach. The facts of this case are so similar
the possibility of coercion of employees by superiors remains as strong a that we may reach the same result without worrying unduly about the
factor in municipal elections as it was in Letter Carriers. Once again, it is the sometimes opaque distinction between speech and conduct.
systematic and coordinated exploitation of public servants for political ends
that a legislature is most likely to see as the primary threat of employees' The second difficulty is not so easily disposed of. Broadrick found no
rights. Political oppression of public employees will be rare in an entirely substantial overbreadth in a statute restricting partisan campaigning.
nonpartisan system. Some superiors may be inclined to ride herd on the Pawtucket has gone further, banning participation in nonpartisan
politics of their employees even in a nonpartisan context, but without party campaigns as well. Measuring the substantiality of a statute's
officials looking over their shoulders most supervisors will prefer to let overbreadth apparently requires, inter alia, a rough balancing of the
employees go their own ways. number of valid applications compared to the number of potentially
invalid applications. Some sensitivity to reality is needed; an invalid
In short, the government may constitutionally restrict its employees' application that is far-fetched does not deserve as much weight as one
participation in nominally nonpartisan elections if political parties play a large that is probable. The question is a matter of degree; it will never be
role in the campaigns. In the absence of substantial party involvement, on possible to say that a ratio of one invalid to nine valid applications makes
the other hand, the interests identified by the Letter Carriers Court lose much a law substantially overbroad. Still, an overbreadth challenger has a duty
of their force. While the employees' First Amendment rights would normally to provide the court with some idea of the number of potentially invalid
outbalance these diminished interests, we do not suggest that they would applications the statute permits. Often, simply reading the statute in the
always do so. Even when parties are absent, many employee campaigns light of common experience or litigated cases will suggest a number of
might be thought to endanger at least one strong public interest, an interest probable invalid applications. But this case is different. Whether the
that looms larger in the context of municipal elections than it does in the statute is overbroad depends in large part on the number of elections that
national elections considered in Letter Carriers. The city could reasonably are insulated from party rivalry yet closed to Pawtucket employees. For
fear the prospect of a subordinate running directly against his superior or all the record shows, every one of the city, state, or federal elections in
running for a position that confers great power over his superior. An Pawtucket is actively contested by political parties. Certainly the record
employee of a federal agency who seeks a Congressional seat poses less of suggests that parties play a major role even in campaigns that often are
a direct challenge to the command and discipline of his agency than a entirely nonpartisan in other cities. School committee candidates, for
fireman or policeman who runs for mayor or city council. The possibilities of example, are endorsed by the local Democratic committee.
internal discussion, cliques, and political bargaining, should an employee
gather substantial political support, are considerable. (citations omitted) The state of the record does not permit us to find
TEaADS overbreadth; indeed such a step is not to be taken lightly,
much less to be taken in the dark. On the other hand, the
The court, however, remanded the case to the district court for entire focus below, in the short period before the election
further proceedings in respect of the petitioners' overbreadth was held, was on the constitutionality of the statute as
charge. Noting that invalidating a statute for being overbroad is "not applied. Plaintiffs may very well feel that further efforts are
to be taken lightly, much less to be taken in the dark," the court not justified, but they should be afforded the opportunity to
held: demonstrate that the charter forecloses access to a
significant number of offices, the candidacy for which by
municipal employees would not pose the possible threats
to government efficiency and integrity which Letter
Carriers, as we have interpreted it, deems significant. This reading is a regrettable misrepresentation of Clements and Morial. The resign-to-
Accordingly, we remand for consideration of plaintiffs' run provisions in these cases were upheld not because they referred to specified or
overbreadth claim. (italics supplied, citations omitted) particular officials (vis--vis a general class); the questioned provisions were found valid
precisely because the Court deferred to legislative judgment and found that a
Clearly, Letter Carriers, Broadrick, and Magill demonstrate regulation is not devoid of a rational predicate simply because it happens to be
beyond doubt that Mancuso v. Taft, heavily relied upon by the incomplete. In fact, the equal protection challenge in Clements revolved around the
ponencia, has effectively been overruled. 69 As it is no longer claim that the State of Texas failed to explain why some public officials are subject to
good law, the ponencia's exhortation that "[since] the Americans, the resign-to-run provisions, while others are not. Ruled the United States Supreme
from whom we copied the provision in question, had already Court:
stricken down a similar measure for being unconstitutional[,] it is
high-time that we, too, should follow suit" is misplaced and Article XVI, 65, of the Texas Constitution provides that the holders of
unwarranted. 70 certain offices automatically resign their positions if they become
candidates for any other elected office, unless the unexpired portion of the
Accordingly, our assailed Decision's submission that the right to run for public office is current term is one year or less. The burdens that 65 imposes on
"inextricably linked" with two fundamental freedoms those of expression and candidacy are even less substantial than those imposed by 19. The two
association lies on barren ground. American case law has in fact never recognized provisions, of course, serve essentially the same state interests. The
a fundamental right to express one's political views through candidacy, 71 as to District Court found 65 deficient, however, not because of the nature or
invoke a rigorous standard of review. 72 Bart v. Telford 73 pointedly stated that extent of the provision's restriction on candidacy, but because of the
"[t]he First Amendment does not in terms confer a right to run for public office, and this manner in which the offices are classified. According to the District Court,
court has held that it does not do so by implication either." Thus, one's interest in the classification system cannot survive equal protection scrutiny, because
seeking office, by itself, is not entitled to constitutional protection. 74 Moreover, one Texas has failed to explain sufficiently why some elected public officials are
cannot bring one's action under the rubric of freedom of association, absent any subject to 65 and why others are not. As with the case of 19, we
allegation that, by running for an elective position, one is advancing the political ideas of conclude that 65 survives a challenge under the Equal Protection Clause
a particular set of voters. 75 HTSAEa unless appellees can show that there is no rational predicate to the
classification scheme. TcSICH
Prescinding from these premises, it is crystal clear that the provisions challenged in the
case at bar, are not violative of the equal protection clause. The deemed-resigned The history behind 65 shows that it may be upheld consistent with the
provisions substantially serve governmental interests (i.e., (i) efficient civil service "one step at a time" approach that this Court has undertaken with regard to
faithful to the government and the people rather than to party; (ii) avoidance of the state regulation not subject to more vigorous scrutiny than that sanctioned
appearance of "political justice" as to policy; (iii) avoidance of the danger of a powerful by the traditional principles. Section 65 was enacted in 1954 as a
political machine; and (iv) ensuring that employees achieve advancement on their transitional provision applying only to the 1954 election. Section 65
merits and that they be free from both coercion and the prospect of favor from political extended the terms of those offices enumerated in the provision from two to
activity). These are interests that are important enough to outweigh the non- four years. The provision also staggered the terms of other offices so that
fundamental right of appointive officials and employees to seek elective office. at least some county and local offices would be contested at each election.
The automatic resignation proviso to 65 was not added until 1958. In that
year, a similar automatic resignation provision was added in Art. XI, 11,
En passant, we find it quite ironic that Mr. Justice Nachura cites Clements v. Fashing which applies to officeholders in home rule cities who serve terms longer
76 and Morial, et al. v. Judiciary Commission of the State of Louisiana, et al. 77 to than two years. Section 11 allows home rule cities the option of extending
buttress his dissent. Maintaining that resign-to-run provisions are valid only when made the terms of municipal offices from two to up to four years.
applicable to specified officials, he explains:
Thus, the automatic resignation provision in Texas is a creature of the
. . . U.S. courts, in subsequent cases, sustained the constitutionality State's electoral reforms of 1958. That the State did not go further in
of resign-to-run provisions when applied to specified or particular applying the automatic resignation provision to those officeholders whose
officials, as distinguished from all others, 78 under a terms were not extended by 11 or 65, absent an invidious purpose, is
classification that is germane to the purposes of the law. not the sort of malfunctioning of the State's lawmaking process forbidden by
These resign-to-run legislations were not expressed in a general the Equal Protection Clause. A regulation is not devoid of a rational
and sweeping provision, and thus did not violate the test of predicate simply because it happens to be incomplete. The Equal
being germane to the purpose of the law, the second requisite Protection Clause does not forbid Texas to restrict one elected
for a valid classification. Directed, as they were, to particular officeholder's candidacy for another elected office unless and until it places
officials, they were not overly encompassing as to be overbroad. similar restrictions on other officeholders. The provision's language and its
(emphasis in the original) history belie any notion that 65 serves the invidious purpose of denying
access to the political process to identifiable classes of potential post and the degree of influence that may be attendant
candidates. (citations omitted and italics supplied) thereto; 79 and

Furthermore, it is unfortunate that the dissenters took the Morial line that "there is no (2) The assailed provisions limit the candidacy of any and all civil
blanket approval of restrictions on the right of public employees to become candidates servants holding appointive positions without due regard
for public office" out of context. A correct reading of that line readily shows that the for the type of office being sought, whether it be partisan
Court only meant to confine its ruling to the facts of that case, as each equal protection or nonpartisan in character, or in the national, municipal or
challenge would necessarily have to involve weighing governmental interests vis--vis barangay level.
the specific prohibition assailed. The Court held:
Again, on second look, we have to revise our assailed Decision.
The interests of public employees in free expression and political
association are unquestionably entitled to the protection of the first and i. Limitation on Candidacy Regardless of
fourteenth amendments. Nothing in today's decision should be taken to Incumbent Appointive Official's Position, Valid
imply that public employees may be prohibited from expressing their private
views on controversial topics in a manner that does not interfere with the
proper performance of their public duties. In today's decision, there is no According to the assailed Decision, the challenged provisions of law are overly broad
blanket approval of restrictions on the right of public employees to become because they apply indiscriminately to all civil servants holding appointive posts, without
candidates for public office. Nor do we approve any general restrictions on due regard for the type of position being held by the employee running for elective office
the political and civil rights of judges in particular. Our holding is necessarily and the degree of influence that may be attendant thereto.
narrowed by the methodology employed to reach it. A requirement that a
state judge resign his office prior to becoming a candidate for non-judicial Its underlying assumption appears to be that the evils sought to be prevented are extant
office bears a reasonably necessary relation to the achievement of the only when the incumbent appointive official running for elective office holds an influential
state's interest in preventing the actuality or appearance of judicial post.
impropriety. Such a requirement offends neither the first amendment's
guarantees of free expression and association nor the fourteenth Such a myopic view obviously fails to consider a different, yet equally plausible, threat
amendment's guarantee of equal protection of the laws. (italics supplied) to the government posed by the partisan potential of a large and growing bureaucracy:
cTCEIS the danger of systematic abuse perpetuated by a "powerful political machine" that has
amassed "the scattered powers of government workers" so as to give itself and its
Indeed, the Morial court even quoted Broadrick and stated that: incumbent workers an "unbreakable grasp on the reins of power." 80 As elucidated in
our prior exposition: 81 EHTSCD
In any event, the legislature must have some leeway in determining which of
its employment positions require restrictions on partisan political activities Attempts by government employees to wield influence over others or to
and which may be left unregulated. And a State can hardly be faulted for make use of their respective positions (apparently) to promote their own
attempting to limit the positions upon which such restrictions are placed. candidacy may seem tolerable even innocuous particularly when
(citations omitted) viewed in isolation from other similar attempts by other government
employees. Yet it would be decidedly foolhardy to discount the equally (if
V. not more) realistic and dangerous possibility that such seemingly
disjointed attempts, when taken together, constitute a veiled effort on the
Section 4(a) of Resolution 8678, Section 13 of RA 9369, part of an emerging central party structure to advance its own agenda
and Section 66 of the Omnibus Election Code through a "carefully orchestrated use of [appointive and/or elective]
Do Not Suffer from Overbreadth officials" coming from various levels of the bureaucracy.

Apart from nullifying Section 4 (a) of Resolution 8678, Section 13 of RA 9369, and . . . [T]he avoidance of such a "politically active public work force" which
Section 66 of the Omnibus Election Code on equal protection ground, our assailed could give an emerging political machine an "unbreakable grasp on the
Decision struck them down for being overbroad in two respects, viz.: reins of power" is reason enough to impose a restriction on the
candidacies of all appointive public officials without further distinction as to
(1) The assailed provisions limit the candidacy of all civil servants the type of positions being held by such employees or the degree of
holding appointive posts without due regard for the type of influence that may be attendant thereto. (citations omitted)
position being held by the employee seeking an elective
ii. Limitation on Candidacy Section 39. Certificate of Candidacy. No person shall be elected
Regardless of Type of Office Sought, Valid punong barangay or kagawad ng sangguniang barangay unless he
files a sworn certificate of candidacy in triplicate on any day from the
The assailed Decision also held that the challenged provisions of law are overly broad commencement of the election period but not later than the day
because they are made to apply indiscriminately to all civil servants holding appointive before the beginning of the campaign period in a form to be
offices, without due regard for the type of elective office being sought, whether it be prescribed by the Commission. The candidate shall state the
partisan or nonpartisan in character, or in the national, municipal or barangay level. barangay office for which he is a candidate.

This erroneous ruling is premised on the assumption that "the concerns of a truly xxx xxx xxx
partisan office and the temptations it fosters are sufficiently different from those involved
in an office removed from regular party politics [so as] to warrant distinctive treatment," Any elective or appointive municipal, city, provincial or national
82 so that restrictions on candidacy akin to those imposed by the challenged provisions official or employee, or those in the civil or military service, including
can validly apply only to situations in which the elective office sought is partisan in those in government-owned or-controlled corporations, shall be
character. To the extent, therefore, that such restrictions are said to preclude even considered automatically resigned upon the filing of certificate of
candidacies for nonpartisan elective offices, the challenged restrictions are to be candidacy for a barangay office.
considered as overbroad.
Since barangay elections are governed by a separate deemed resignation
Again, a careful study of the challenged provisions and related laws on the matter will rule, under the present state of law, there would be no occasion to apply
show that the alleged overbreadth is more apparent than real. Our exposition on this the restriction on candidacy found in Section 66 of the Omnibus Election
issue has not been repudiated, viz.: Code, and later reiterated in the proviso of Section 13 of RA 9369, to any
election other than a partisan one. For this reason, the overbreadth
A perusal of Resolution 8678 will immediately disclose that the rules and challenge raised against Section 66 of the Omnibus Election Code and the
guidelines set forth therein refer to the filing of certificates of candidacy pertinent proviso in Section 13 of RA 9369 must also fail. 85
and nomination of official candidates of registered political parties, in
connection with the May 10, 2010 National and Local Elections. 83 In any event, even if we were to assume, for the sake of argument, that Section 66 of
Obviously, these rules and guidelines, including the restriction in Section the Omnibus Election Code and the corresponding provision in Section 13 of RA 9369
4(a) of Resolution 8678, were issued specifically for purposes of the May are general rules that apply also to elections for nonpartisan public offices, the
10, 2010 National and Local Elections, which, it must be noted, are overbreadth challenge would still be futile. Again, we explained:
decidedly partisan in character. Thus, it is clear that the restriction in
Section 4(a) of RA 8678 applies only to the candidacies of appointive In the first place, the view that Congress is limited to controlling only partisan
officials vying for partisan elective posts in the May 10, 2010 National and behavior has not received judicial imprimatur, because the general
Local Elections. On this score, the overbreadth challenge leveled against proposition of the relevant US cases on the matter is simply that the
Section 4 (a) is clearly unsustainable. aIcDCH government has an interest in regulating the conduct and speech of its
employees that differs significantly from those it possesses in connection with
Similarly, a considered review of Section 13 of RA 9369 and Section 66 of regulation of the speech of the citizenry in general. 86
the Omnibus Election Code, in conjunction with other related laws on the
matter, will confirm that these provisions are likewise not intended to apply Moreover, in order to have a statute declared as unconstitutional or void on its
to elections for nonpartisan public offices. face for being overly broad, particularly where, as in this case, "conduct" and
not "pure speech" is involved, the overbreadth must not only be real, but
The only elections which are relevant to the present inquiry are the substantial as well, judged in relation to the statute's plainly legitimate sweep.
elections for barangay offices, since these are the only elections in this 87 DaTEIc
country which involve nonpartisan public offices. 84
In operational terms, measuring the substantiality of a statute's overbreadth
In this regard, it is well to note that from as far back as the enactment of would entail, among other things, a rough balancing of the number of valid
the Omnibus Election Code in 1985, Congress has intended that these applications compared to the number of potentially invalid applications. 88 In
nonpartisan barangay elections be governed by special rules, including a this regard, some sensitivity to reality is needed; an invalid application that is
separate rule on deemed resignations which is found in Section 39 of the far-fetched does not deserve as much weight as one that is probable. 89 The
Omnibus Election Code. Said provision states: question is a matter of degree. 90 Thus, assuming for the sake of argument
that the partisan-nonpartisan distinction is valid and necessary such that a
statute which fails to make this distinction is susceptible to an overbreadth Chairmen of the respective Boards of Canvassers. 103 The Judiciary has not been
attack, the overbreadth challenge presently mounted must demonstrate or spared, for a Regional Trial Court Judge in the South has thrown his hat into the political
provide this Court with some idea of the number of potentially invalid elections arena. We cannot allow the tilting of our electoral playing field in their favor.
(i.e., the number of elections that were insulated from party rivalry but were
nevertheless closed to appointive employees) that may in all probability result For the foregoing reasons, we now rule that Section 4 (a) of Resolution 8678 and
from the enforcement of the statute. 91 Section 13 of RA 9369, which merely reiterate Section 66 of the Omnibus Election
Code, are not unconstitutionally overbroad.
The state of the record, however, does not permit us to find overbreadth.
Borrowing from the words of Magill v. Lynch, indeed, such a step is not to be IN VIEW WHEREOF, the Court RESOLVES to GRANT the respondent's and the
taken lightly, much less to be taken in the dark, 92 especially since an intervenors' Motions for Reconsideration; REVERSE and SET ASIDE this Court's
overbreadth finding in this case would effectively prohibit the State from December 1, 2009 Decision; DISMISS the Petition; and ISSUE this Resolution declaring
'enforcing an otherwise valid measure against conduct that is admittedly as not UNCONSTITUTIONAL (1) Section 4 (a) of COMELEC Resolution No. 8678, (2)
within its power to proscribe.' 93 the second proviso in the third paragraph of Section 13 of Republic Act No. 9369, and
(3) Section 66 of the Omnibus Election Code. IDCHTE
This Court would do well to proceed with tiptoe caution, particularly when it comes to
the application of the overbreadth doctrine in the analysis of statutes that purportedly SO ORDERED.
attempt to restrict or burden the exercise of the right to freedom of speech, for such
approach is manifestly strong medicine that must be used sparingly, and only as a last
resort. 94 EcIaTA Carpio, Corona, Carpio Morales, Velasco, Jr., Nachura, Leonardo-de Castro, Brion,
Peralta, Bersamin, Del Castillo, Abad, Villarama, Jr., Perez and Mendoza, JJ., concur.
In the United States, claims of facial overbreadth have been entertained only where, in
the judgment of the court, the possibility that protected speech of others may be muted
Separate Opinions
and perceived grievances left to fester (due to the possible inhibitory effects of overly
broad statutes) outweighs the possible harm to society in allowing some unprotected
speech or conduct to go unpunished. 95 Facial overbreadth has likewise not been CARPIO, J., concurring:
invoked where a limiting construction could be placed on the challenged statute, and
where there are readily apparent constructions that would cure, or at least substantially
reduce, the alleged overbreadth of the statute. 96 I concur with the ponencia of Chief Justice Reynato S. Puno.

In the case at bar, the probable harm to society in permitting incumbent appointive The filing of a Certificate of Candidacy for an elective position is, by the very nature of
officials to remain in office, even as they actively pursue elective posts, far outweighs the act, an electioneering or partisan political activity.
the less likely evil of having arguably protected candidacies blocked by the possible
inhibitory effect of a potentially overly broad statute. Two provisions of the Constitution, taken together, mandate that civil service
employees cannot engage in any electioneering or partisan political activity
In this light, the conceivably impermissible applications of the challenged statutes except to vote. Thus, the Constitution provides:
which are, at best, bold predictions cannot justify invalidating these statutes in toto
and prohibiting the State from enforcing them against conduct that is, and has for more Section 2(4), Article IX-B of the Constitution
than 100 years been, unquestionably within its power and interest to proscribe. 97
Instead, the more prudent approach would be to deal with these conceivably No officer or employee in the civil service shall engage, directly or
impermissible applications through case-by-case adjudication rather than through a total indirectly, in any electioneering or partisan political activity.
invalidation of the statute itself. 98
Section 5(3), Article XVI of the Constitution
Indeed, the anomalies spawned by our assailed Decision have taken place. In his
Motion for Reconsideration, intervenor Drilon stated that a number of high-ranking
Cabinet members had already filed their Certificates of Candidacy without relinquishing No member of the military shall engage, directly or indirectly, in any
their posts. 99 Several COMELEC election officers had likewise filed their Certificates of partisan political activity, except to vote.
Candidacy in their respective provinces. 100 Even the Secretary of Justice had filed her
certificate of substitution for representative of the first district of Quezon province last During the deliberations of the Constitutional Commission on these provisions of the
December 14, 2009 101 even as her position as Justice Secretary includes Constitution, it was clear that the exercise of the right to vote is the only non-partisan
supervision over the City and Provincial Prosecutors, 102 who, in turn, act as Vice-
political activity a citizen can do. All other political activities are deemed partisan. Thus, Sixth, the constitutional ban prohibiting civil servants from engaging in partisan political
Commissioner Christian Monsod declared that, "As a matter of fact, the only non activities is further intended to prevent conflict of interest. We have seen Comelec
partisan political activity one can engage in as a citizen is voting." 1 officials who, after filing their certificates of candidacies, still hold on to their public
office.
Indisputably, any political activity except to vote is a partisan political activity. Section 79
(b) of the Omnibus Election Code implements this by declaring that any act designed Finally, filing of a Certificate of Candidacy is a partisan political act that ipso facto
to elect or promote the election of a candidate is an electioneering or partisan operates to consider the candidate deemed resigned from public office pursuant to
political activity, thus: paragraph 3, Section 11 of R.A. No. 8436, as amended by R.A. No. 9369, as well as
Section 66 of the Omnibus Election Code, as amended.
The term "election campaign" or "partisan political activity"refers to
an act designed to promote the election or defeat of a particular Accordingly, I vote to grant respondent Comelec's Motion for Reconsideration.
candidate or candidates to a public office . . . ."
NACHURA, J., dissenting:
Filing a certificate of candidacy is obviously a partisan political activity.
I vote to maintain this Court's December 1, 2009 Decision. The automatic resignation
First, the mere filing of a Certificate of Candidacy is a definitive announcement to the rule on appointive government officials and employees running for elective posts is, to
world that a person will actively solicit the votes of the electorate to win an elective my mind, unconstitutional. I therefore respectfully register my dissent to the resolution of
public office. Such an announcement is already a promotion of the candidate's election the majority granting the motion for reconsideration.
to public office. Indeed, once a person becomes an official candidate, he abandons the
role of a mere passive voter in an election, and assumes the role of a political partisan, I earnestly believe that by this resolution, the majority refused to rectify an unjust rule,
a candidate promoting his own candidacy to public office. ECaITc leaving in favor of a discriminatory state regulation and disregarding the primacy of the
people's fundamental rights to the equal protection of the laws. EHDCAI
Second, only a candidate for a political office files a Certificate of Candidacy. A person
merely exercising his or her right to vote does not. A candidate for a political office is Let it be recalled that, on December 1, 2009, the Court rendered its Decision granting
necessarily a partisan political candidate because he or she is contesting an elective the petition and declaring as unconstitutional the second proviso in the third paragraph
office against other political candidates. The candidate and the electorate know that of Section 13 of Republic Act (R.A.) No. 9369, Section 66 of the Omnibus Election Code
there are, more often than not, other candidates vying for the same elective office, (OEC) and Section 4 (a) of Commission on Elections (COMELEC) Resolution No. 8678.
making the contest politically partisan. 1

Third, a candidate filing his or her Certificate of Candidacy almost always states in the Claiming to have legal interest in the matter in litigation, Senator Manuel A. Roxas filed,
Certificate of Candidacy the name of the political party to which he or she belongs. The on December 14, 2009, his Omnibus Motion for Leave of Court to: (a) Intervene in the
candidate will even attach to his or her Certificate of Candidacy the certification of his or Instant Case; (b) Admit Attached Motion for Reconsideration; and (c) If Necessary, Set
her political party that he or she is the official candidate of the political party. Such the Instant Case for Oral Arguments. 2
certification by a political party is obviously designed to promote the election of the
candidate.
On the same date, respondent COMELEC, through its Law Department, moved for the
reconsideration of the aforesaid December 1, 2009 Decision. 3
Fourth, the constitutional ban prohibiting civil servants from engaging in partisan political
activities is intended, among others, to keep the civil service non-partisan. This
constitutional ban is violated when a civil servant files his or her Certificate of Candidacy Expressing a similar desire, Franklin M. Drilon, a former senator and a senatorial
as a candidate of a political party. From the moment the civil servant files his or her candidate in the 2010 elections, filed, on December 17, 2009, his Motion for Leave to
Certificate of Candidacy, he or she is immediately identified as a political partisan Intervene and to Admit the Attached Motion for Reconsideration in Intervention. 4
because everyone knows he or she will prepare, and work, for the victory of his or her
political party in the elections. On December 28, 2009, the Integrated Bar of the Philippines (IBP), Cebu City Chapter,
also filed its Motion for Leave to Intervene 5 and Motion for Reconsideration in
Fifth, the constitutional ban prohibiting civil servants from engaging in partisan political Intervention. 6
activities is also intended to prevent civil servants from using their office, and the
resources of their office, to promote their candidacies or the candidacies of other In a related development, on January 8, 2010, the Office of the Solicitor General (OSG),
persons. We have seen the spectacle of civil servants who, after filing their certificates which initially represented the COMELEC in the proceedings herein, this time disagreed
of candidacies, still cling to their public office while campaigning during office hours.
with the latter, and, instead of moving for the reconsideration of the December 1, 2009 Interestingly, in its motion for reconsideration, the COMELEC does not raise a matter
Decision, moved for clarification of the effect of our declaration of unconstitutionality. 7 other than those already considered and discussed by the Court in the assailed
decision. As aforesaid, the COMELEC merely echoed the arguments of the dissenters.
Subsequently, Tom V. Apacible, a congressional candidate in the 2010 elections, filed,
on January 11, 2010, his Motion to Intervene and for the Reconsideration of the I remain unpersuaded.
Decision dated December 1, 2009. 8
I wish to reiterate the Court's earlier declaration that the second proviso in the third
In its January 12, 2010 Resolution, 9 the Court required petitioners to comment on the paragraph of Section 13 of R.A. No. 9369, Section 66 of the OEC and Section 4 (a) of
aforesaid motions. COMELEC Resolution No. 8678 are unconstitutional for being violative of the equal
protection clause and for being overbroad.
On February 1, 2010, petitioners filed their consolidated comment on the motions.
In considering persons holding appointive positions as ipso facto resigned from their
Parenthetically, petitioner Quinto admitted that he did not pursue his plan to run for an posts upon the filing of their certificates of candidacy (CoCs), but not considering as
elective office. 10 Petitioner Tolentino, on the other hand, disclosed that he filed his resigned all other civil servants, specifically the elective ones, the law unduly
certificate of candidacy but that he had recently resigned from his post in the executive discriminates against the first class. The fact alone that there is substantial distinction
department. These developments could very well be viewed by the Court as having between the two classes does not justify such disparate treatment. Constitutional law
rendered this case moot and academic. However, I refuse to proceed to such a jurisprudence requires that the classification must and should be germane to the
conclusion, considering that the issues, viewed in relation to other appointive civil purposes of the law. As clearly explained in the assailed decision, whether one holds an
servants running for elective office, remain ubiquitously present. Thus, the issues in the appointive office or an elective one, the evils sought to be prevented by the measure
instant case could fall within the classification of controversies that are capable of remain. Indeed, a candidate, whether holding an appointive or an elective office, may
repetition yet evading review. cAaETS use his position to promote his candidacy or to wield a dangerous or coercive influence
on the electorate. Under the same scenario, he may also, in the discharge of his official
duties, be swayed by political considerations. Likewise, he may neglect his or her official
I then implore that the Court rule on the motions. duties, as he will predictably prioritize his campaign. Chief Justice Puno, in his dissent
to the assailed decision, even acknowledges that the "danger of systemic abuse"
The intervention remains present whether the involved candidate holds an appointive or an elective
office, thus CDHaET
The motions for intervention should be denied. Section 2, Rule 19 of the Rules of Court
explicitly states that motions to intervene may be filed at any time "before the rendition Attempts by government employees to wield influence over others
of judgment." 11 Obviously, as this Court already rendered judgment on December 1, or to make use of their respective positions (apparently) to promote
2009, intervention may no longer be allowed. 12 The movants, Roxas, Drilon, IBP-Cebu their own candidacy may seem tolerable even innocuous
City Chapter, and Apacible, cannot claim to have been unaware of the pendency of this particularly when viewed in isolation from other similar attempts by
much publicized case. They should have intervened prior to the rendition of this Court's other government employees. Yet it would be decidedly foolhardy
Decision on December 1, 2009. To allow their intervention at this juncture is to discount the equally (if not more) realistic and dangerous
unwarranted and highly irregular. 13 possibility that such seemingly disjointed attempts, when taken
together, constitute a veiled effort on the part of a reigning political
While the Court has the power to suspend the application of procedural rules, I find no party to advance its own agenda through a "carefully orchestrated
compelling reason to excuse movants' procedural lapse and allow their much belated use of [appointive and/or elective] officials" coming from various
intervention. Further, a perusal of their pleadings-in-intervention reveals that they levels of the bureaucracy. 14
merely restated the points and arguments in the earlier dissenting opinions of Chief
Justice Puno and Senior Associate Justices Carpio and Carpio Morales. These very To repeat for emphasis, classifying candidates, whether they hold appointive or elective
same points, incidentally, also constitute the gravamen of the motion for reconsideration positions, and treating them differently by considering the first as ipso facto resigned
filed by respondent COMELEC. Thus, even as the Court should deny the motions for while the second as not, is not germane to the purposes of the law, because, as clearly
intervention, it is necessary to, pass upon the issues raised therein, because they were shown, the measure is not reasonably necessary to, nor does it necessarily promote,
the same issues raised in respondent COMELEC's motion for reconsideration. the fulfillment of the state interest sought to be served by the statute.

The COMELEC's motion for reconsideration In fact, it may not be amiss to state that, more often than not, the elective officials, not
the appointive ones, exert more coercive influence on the electorate, with the greater
tendency to misuse the powers of their office. This is illustrated by, among others, the
proliferation of "private armies" especially in the provinces. It is common knowledge that
"private armies" are backed or even formed by elective officials precisely for the latter to (3) Professionalism in the armed forces and adequate remuneration
ensure that the electorate will not oppose them, be cowed to submit to their dictates and and benefits of its members shall be a prime concern of the State.
vote for them. To impose a prohibitive measure intended to curb this evil of wielding The armed forces shall be insulated from partisan politics.
undue influence on the electorate and apply the prohibition only on appointive officials is
not only downright ineffectual, but is also, as shown in the assailed decision, offensive No member of the military shall engage, directly or indirectly, in any
to the equal protection clause. partisan political activity, except to vote.

Furthermore, as the Court explained in the assailed decision, this ipso facto resignation Neither does the Court's earlier ruling infringe on Section 55, Chapter 8, Title I, Book V
rule is overbroad. It covers all civil servants holding appointive posts without distinction, of the Administrative Code of 1987, which reads:
regardless of whether they occupy positions of influence in government or not.
Certainly, a utility worker, a messenger, a chauffeur, or an industrial worker in the
government service cannot exert the same influence as that of a Cabinet member, an Sec. 55. Political Activity. No officer or employee in the Civil
undersecretary or a bureau head. Parenthetically, it is also unimaginable how an Service including members of the Armed Forces, shall engage
appointive utility worker, compared to a governor or a mayor, can form his own "private directly or indirectly in any partisan political activity or take part in
army" to wield undue influence on the electorate. It is unreasonable and excessive, any election except to vote nor shall he use his official authority or
therefore, to impose a blanket prohibition one intended to discourage civil servants influence to coerce the political activity of any other person or body.
from using their positions to influence the votes on all civil servants without Nothing herein provided shall be understood to prevent any officer
considering the nature of their positions. Let it be noted, that, despite their employment or employee from expressing his views on current political
in the government, civil servants remain citizens of the country, entitled to enjoy the civil problems or issues, or from mentioning the names of candidates for
and political rights granted to them in a democracy, including the right to aspire for public office whom he supports: Provided, That public officers and
elective public office. employees holding political offices may take part in political and
electoral activities but it shall be unlawful for them to solicit
contributions from their subordinates or subject them to any of the
In addition, this general provision on automatic resignation is directed to the activity of acts involving subordinates prohibited in the Election Code.
seeking any and all public elective offices, whether partisan or nonpartisan in character,
whether in the national, municipal or barangay level. No compelling state interest has
been shown to justify such a broad, encompassing and sweeping application of the law. "Partisan political activity" includes every form of solicitation of the elector's vote in favor
of a specific candidate. 15 Section 79 (b) of the OEC defines "partisan political activity"
as follows:
It may also be pointed out that this automatic resignation rule has no pretense to be
the exclusive and only available remedy to curb the uncontrolled exercise of
undue influence and the feared "danger of systemic abuse." As we have explained SEC. 79. Definitions. As used in this Code:
in the assailed decision, our Constitution and our body of laws are replete with
provisions that directly address these evils. We reiterate our earlier pronouncement that xxx xxx xxx
specific evils require specific remedies, not overly broad measures that unduly
restrict guaranteed freedoms. HIaSDc
(b) The term "election campaign" or "partisan political activity"
refers to an act designed to promote the election or defeat of a
It should be stressed that when the Court struck down (in the earlier decision) the particular candidate or candidates to a public office which shall
assailed provisions, the Court did not act in a manner inconsistent with Section 2 (4) of include:
Article IX-B of the Constitution, which reads:
(1) Forming organizations, associations, clubs,
Sec. 2. . . . . committees or other groups of persons for the
purpose of soliciting votes and/or undertaking
(4) No officer or employee in the civil service shall engage, directly any campaign for or against a candidate;
or indirectly, in any electioneering or partisan political activity.
(2) Holding political caucuses, conferences, meetings,
or with Section 5 (3), Article XVI of the Constitution, which reads: rallies, parades, or other similar assemblies, for
the purpose of soliciting votes and/or undertaking
any campaign or propaganda for or against a
Sec. 5. . . . . candidate;
(3) Making speeches, announcements or commentaries, subsequent cases, can very well reexamine, as it did in the assailed decision, its earlier
or holding interviews for or against the election of pronouncements and even abandon them when perceived to be incorrect.
any candidate for public office; DaScAI
Let it also be noted that Mancuso v. Taft 18 is not the heart of the December 1, 2009
(4) Publishing or distributing campaign literature or Decision. Mancuso was only cited to show that resign-to-run provisions, such as those
materials designed to support or oppose the which are specifically involved herein, have been stricken down in the United States for
election of any candidate; or unduly burdening First Amendment rights of employees and voting rights of citizens,
and for being overbroad. Verily, in our jurisdiction, foreign jurisprudence only enjoys a
(5) Directly or indirectly soliciting votes, pledges or support persuasive influence on the Court. Thus, the contention that Mancuso has been
for or against a candidate. effectively overturned by subsequent American cases, such as United States Civil
Service Commission v. National Association of Letter Carriers 19 and Broadrick v. State
of Oklahoma, 20 is not controlling.
The foregoing enumerated acts if performed for the purpose of
enhancing the chances of aspirants for nominations for candidacy
to a public office by a political party, aggroupment, or coalition of Be that as it may, a closer reading of these latter US cases reveals that Mancuso is still
parties shall not be considered as election campaign or partisan applicable. IAcDET
political activity.
On one hand, Letter Carriers and Broadrick, which are based on United Public Workers
Public expressions or opinions or discussions of probable issues in of America v. Mitchell, 21 involve provisions prohibiting Federal employees from
a forthcoming election or on attributes of or criticisms against engaging in partisan political activities or political campaigns.
probable candidates proposed to be nominated in a forthcoming
political party convention shall not be construed as part of any In Mitchell, the appellants sought exemption from the implementation of a sentence in
election campaign or partisan political activity contemplated under the Hatch Act, which reads: "No officer or employee in the executive branch of the
this Article. Federal Government . . . shall take any active part in political management or in political
campaigns." 22 Among the appellants, only George P. Poole violated the provision 23
Given the aforequoted Section 79 (b), it is obvious that the filing of a Certificate of by being a ward executive committeeman of a political party and by being politically
Candidacy (CoC) for an elective position, while it may be a political activity, is not active on election day as a worker at the polls and a paymaster for the services of other
a "partisan political activity" within the contemplation of the law. The act of filing party workers. 24
is only an announcement of one's intention to run for office. It is only an aspiration
for a public office, not yet a promotion or a solicitation of votes for the election or In Letter Carriers, the plaintiffs alleged that the Civil Service Commission was enforcing,
defeat of a candidate for public office. In fact, even after the filing of the CoC but before or threatening to enforce, the Hatch Act's prohibition against "active participation in
the start of the campaign period, there is yet no candidate whose election or defeat will political management or political campaigns." The plaintiffs desired to campaign for
be promoted. Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar candidates for public office, to encourage and get federal employees to run for state and
16 instructs that any person who files his CoC shall only be considered a local offices, to participate as delegates in party conventions, and to hold office in a
candidate at the start of the campaign period. Thus, in the absence of a "candidate," political club. 25
the mere filing of CoC cannot be considered as an "election campaign" or a "partisan
political activity." Section 79 of the OEC does not even consider as "partisan political In Broadrick, the appellants sought the invalidation for being vague and overbroad a
activity" acts performed for the purpose of enhancing the chances of aspirants for provision in the Oklahoma's Merit System of Personnel Administration Act restricting the
nominations for candidacy to a public office. Thus, when appointive civil servants file political activities of the State's classified civil servants, in much the same manner as
their CoCs, they are not engaging in a "partisan political activity" and, therefore, do not the Hatch Act proscribed partisan political activities of federal employees. 26 Prior to the
transgress or violate the Constitution and the law. Accordingly, at that moment, there is commencement of the action, the appellants actively participated in the 1970 reelection
no valid basis to consider them as ipso facto resigned from their posts. campaign of their superior, and were administratively charged for asking other
Corporation Commission employees to do campaign work or to give referrals to persons
There is a need to point out that the discussion in Farias v. The Executive Secretary, who might help in the campaign, for soliciting money for the campaign, and for receiving
17 relative to the differential treatment of the two classes of civil servants in relation to and distributing campaign posters in bulk. 27
the ipso facto resignation clause, is obiter dictum. That discussion is not necessary to
the decision of the case, the main issue therein being the constitutionality of the Mancuso, on the other hand, involves, as aforesaid, an automatic resignation provision.
repealing clause in the Fair Election Act. Further, unlike in the instant case, no direct Kenneth Mancuso, a full-time police officer and classified civil service employee of the
challenge was posed in Farias to the constitutionality of the rule on the ipso facto City of Cranston, filed his candidacy for nomination as representative to the Rhode
resignation of appointive officials. In any event, the Court en banc, in deciding
Island General Assembly. The Mayor of Cranston then began the process of enforcing judicial office are not subject to such a ban; in the conduct of his campaign
the resign-to-run provision of the City Home Rule Charter. 28 for the mayoralty, an erstwhile judge is more free to make promises of post-
campaign conduct with respect both to issues and personnel, whether
Clearly, as the above-cited US cases pertain to different types of laws and were decided publicly or privately, than he would be were he a candidate for re-election to
based on a different set of facts, Letter Carriers and Broadrick cannot be interpreted to his judgeship. The state may reasonably conclude that such pledges and
mean a reversal of Mancuso. Thus, in Magill v. Lynch, 29 the same collegial court which promises, though made in the course of a campaign for non-judicial office,
decided Mancuso was so careful in its analysis that it even remanded the case for might affect or, even more plausibly, appear to affect the post-election
consideration on the overbreadth claim. The Magill court stated thus conduct of a judge who had returned to the bench following an electoral
defeat. By requiring resignation of any judge who seeks a non-judicial office
and leaving campaign conduct unfettered by the restrictions which would
Plaintiffs may very well feel that further efforts are not justified, but be applicable to a sitting judge, Louisiana has drawn a line which protects
they should be afforded the opportunity to demonstrate that the the state's interests in judicial integrity without sacrificing the equally
charter forecloses access to a significant number of offices, the important interests in robust campaigns for elective office in the executive
candidacy for which by municipal employees would not pose the or legislative branches of government.
possible threats to government efficiency and integrity which Letter
Carriers, as we have interpreted it, deems significant. Accordingly,
we remand for consideration of plaintiffs' overbreadth claim. 30 This analysis applies equally to the differential treatment of judges and
other office holders. A judge who fails in his bid for a post in the state
legislature must not use his judgeship to advance the cause of those who
As observed by the Court (citing Clements v. Fashing 31 ) in the December 1, 2009 supported him in his unsuccessful campaign in the legislature. In contrast,
Decision, U.S. courts, in subsequent cases, sustained the constitutionality of resign-to- a member of the state legislature who runs for some other office is not
run rules when applied to specified or particular officials, as distinguished from all expected upon his return to the legislature to abandon his advocacy of the
others, under a classification that is germane to the purposes of the law. These interests which supported him during the course of his unsuccessful
resign-to-run legislations were not expressed in a general and sweeping provision, campaign. Here, too, Louisiana has drawn a line which rests on the
and thus did not violate the test of being germane to the purpose of the law, the different functions of the judicial and non-judicial office holder. 34
second requisite for a valid classification. Directed, as they were, to particular officials,
they were not overly encompassing as to be overbroad. In fact, Morial v. Judiciary
Commission of the State of Louisiana, 32 where the resign-to-run provision pertaining to Indeed, for an ipso facto resignation rule to be valid, it must be shown that the
judges running for political offices was upheld, declares that "there is no blanket classification is reasonably necessary to attain the objectives of the law. Here, as
approval of restriction on the right of public employees to become candidates for public already explained in the assailed decision, the differential treatment in the
office." 33 The Morial court instructed thus HTDcCE application of this resign-to-run rule is not germane to the purposes of the law,
because whether one holds an appointive office or an elective one, the evils
sought to be prevented are not effectively addressed by the measure. Thus, the
Because the judicial office is different in key respects from other offices, the ineluctable conclusion that the concerned provisions are invalid for being
state may regulate its judges with the differences in mind. For example the unconstitutional.
contours of the judicial function make inappropriate the same kind of
particularized pledges of conduct in office that are the very stuff of
campaigns for most non-judicial offices. A candidate for the mayoralty can Without unnecessarily preempting the resolution of any subsequent actual case or
and often should announce his determination to effect some program, to unwittingly giving an advisory opinion, the Court, in the December 1, 2009 Decision, in
reach a particular result on some question of city policy, or to advance the effect, states that what should be implemented are the other provisions of
interests of a particular group. It is expected that his decisions in office may Philippine laws (not the concerned unconstitutional provisions) that specifically
be predetermined by campaign commitment. Not so the candidate for and directly address the evils sought to be prevented by the measure. It is highly
judicial office. He cannot, consistent with the proper exercise of his judicial speculative then to contend that members of the police force or the armed forces, if they
powers, bind himself to decide particular cases in order to achieve a given will not be considered as resigned when they file their COCs, is a "disaster waiting to
programmatic result. Moreover, the judge acts on individual cases and not happen." There are, after all, appropriate laws in place to curb abuses in the
broad programs. The judge legislates but interstitially; the progress through government service. DCISAE
the law of a particular judge's social and political preferences is, in Mr.
Justice Holmes' words, "confined from molar to molecular motions." The invalidation of the ipso facto resignation provisions does not mean the
cessation in operation of other provisions of the Constitution and of existing
As one safeguard of the special character of the judicial function, laws. Section 2 (4) of Article IX-B and Section 5 (3), Article XVI of the Constitution, and
Louisiana's Code of Judicial Conduct bars candidates for judicial office from Section 55, Chapter 8, Title I, Book V of the Administrative Code of 1987 still apply. So
making "pledges or promises of conduct in office other than the faithful and do other statutes, such as the Civil Service Laws, OEC, the Anti-Graft Law, the Code of
impartial performance of the duties of the office." Candidates for non- Conduct and Ethical Standards for Public Officials and Employees, and related laws.
Covered civil servants running for political offices who later on engage in "partisan The only logical and legal effect, therefore, of the Court's earlier declaration of
political activity" run the risk of being administratively charged. 35 Civil servants who unconstitutionality of the ipso facto resignation provisions is that appointive government
use government funds and property for campaign purposes, likewise, run the risk of employees or officials who intend to run for elective positions are not considered
being prosecuted under the Anti-Graft and Corrupt Practices Act or under the OEC on automatically resigned from their posts at the moment of filing of their CoCs. Again, as
election offenses. Those who abuse their authority to promote their candidacy shall be explained above, other Constitutional and statutory provisions do not cease in
made liable under the appropriate laws. Let it be stressed at this point that the said operation and should, in fact, be strictly implemented by the authorities.
laws provide for specific remedies for specific evils, unlike the automatic
resignation provisions that are sweeping in application and not germane to the Let the full force of the laws apply. Then let the axe fall where it should.
purposes of the law.
||| (Quinto v. COMELEC, G.R. No. 189698, February 22, 2010)
To illustrate, we hypothetically assume that a municipal election officer, who is an
employee of the COMELEC, files his CoC. Given the invalidation of the automatic
resignation provisions, the said election officer is not considered as ipso facto resigned
from his post at the precise moment of the filing of the CoC. Thus, he remains in his
post, and his filing of a CoC cannot be taken to be a violation of any provision of the
Constitution or any statute. At the start of the campaign period, however, if he is still in EN BANC
the government service, that is, if he has not voluntarily resigned, and he, at the same
time, engages in a "partisan political activity," then, he becomes vulnerable to
prosecution under the Administrative Code, under civil service laws, under the Anti- [G.R. No. 189793. April 7, 2010.]
Graft and Corrupt Practices Act or under the OEC. Upon the proper action being filed,
he could, thus, be disqualified from running for office, or if elected, prevented from SENATOR BENIGNO SIMEON C. AQUINO III and MAYOR
assuming, or if he had already assumed office, be removed from, office. JESSE ROBREDO, petitioners, vs. COMMISSION ON
ELECTIONS represented by its Chairman JOSE A.R. MELO and
At this juncture, it may even be said that Mitchell, Letter Carriers and Broadrick, the its Commissioners, RENE V. SARMIENTO, NICODEMO T.
cases earlier cited by Chief Justice Puno and Associate Justices Carpio and Carpio- FERRER, LUCENITO N. TAGLE, ARMANDO VELASCO, ELIAS
Morales, support the proposition advanced by the majority in the December 1, 2009 R. YUSOPH AND GREGORIO LARRAZABAL, respondents.
Decision. While the provisions on the ipso facto resignation of appointive civil servants
are unconstitutional for being violative of the equal protection clause and for being
overbroad, the general provisions prohibiting civil servants from engaging in "partisan
political activity" remain valid and operational, and should be strictly applied. DECISION

The COMELEC's motion for reconsideration should, therefore, be denied.

PEREZ, J p:
The OSG's motion for clarification

This case comes before this Court by way of a Petition for Certiorari and Prohibition
In its motion, the OSG pleads that this Court clarify whether, by declaring as
under Rule 65 of the Rules of Court. In this original action, petitioners Senator Benigno
unconstitutional the concerned ipso facto resignation provisions, the December 1, 2009
Simeon C. Aquino III and Mayor Jesse Robredo, as public officers, taxpayers and
Decision intended to allow appointive officials to stay in office during the entire election
citizens, seek the nullification as unconstitutional of Republic Act No. 9716, entitled "An
period. 36 The OSG points out that the official spokesperson of the Court explained
Act Reapportioning the Composition of the First (1st) and Second (2nd) Legislative
before the media that "the decision would in effect allow appointive officials to stay on in
Districts in the Province of Camarines Sur and Thereby Creating a New Legislative
their posts even during the campaign period, or until they win or lose or are removed
District From Such Reapportionment." Petitioners consequently pray that the
from office." 37
respondent Commission on Elections be restrained from making any issuances and
from taking any steps relative to the implementation of Republic Act No. 9716.
I pose the following response to the motion for clarification. The language of the
December 1, 2009 Decision is too plain to be mistaken. The Court only declared
Republic Act No. 9716 originated from House Bill No. 4264, and was signed into law by
as unconstitutional Section 13 of R.A. No. 9369, Section 66 of the OEC and
President Gloria Macapagal Arroyo on 12 October 2009. It took effect on 31 October
Section 4 (a) of COMELEC Resolution No. 8678. The Court never stated in the
2009, or fifteen (15) days following its publication in the Manila Standard, a newspaper
decision that appointive civil servants running for elective posts are allowed to
stay in office during the entire election period. ETaHCD of general circulation. 1 In substance, the said law created an additional legislative
district for the Province of Camarines Sur by reconfiguring the existing first and second District) Goa Tigaon
legislative districts of the province. Lagonoy Tinamba
Presentacion Siruma
Prior to Republic Act No. 9716, the Province of Camarines Sur was estimated to have a 5th District Iriga Buhi 429,070
population of 1,693,821, 2 distributed among four (4) legislative districts in this wise: (formerly 4th Baao Bula
District) Balatan Nabua
Bato
District Municipalities/Cities Population
1st District Del Gallego Libmanan 417,304
Ragay Minalabac Republic Act No. 9716 is a well-milled legislation. The factual recitals by both parties of
Lupi Pamplona the origins of the bill that became the law show that, from the filing of House Bill No.
Sipocot Pasacao 4264 until its approval by the Senate on a vote of thirteen (13) in favor and two (2)
Cabusao San Fernando against, the process progressed step by step, marked by public hearings on the
2nd District Gainza Canaman 474,899 sentiments and position of the local officials of Camarines Sur on the creation of a new
Milaor Camaligan congressional district, as well as argumentation and debate on the issue, now before
Naga Magarao us, concerning the stand of the oppositors of the bill that a population of at least
Pili Bombon 250,000 is required by the Constitution for such new district. 4
Ocampo Calabanga
3rd District Caramoan Sangay 372,548 Petitioner Aquino III was one of two senators who voted against the approval of the Bill
Garchitorena San Jose by the Senate. His co-petitioner, Robredo, is the Mayor of Naga City, which was a part
Goa Tigaon of the former second district from which the municipalities of Gainza and Milaor were
Lagonoy Tinamba taken for inclusion in the new second district. No other local executive joined the two;
Presentacion Siruma neither did the representatives of the former third and fourth districts of the province.
4th District Iriga Buhi 429,070
Baao Bula Petitioners contend that the reapportionment introduced by Republic Act No. 9716, runs
Balatan Nabua afoul of the explicit constitutional standard that requires a minimum population of two
Bato hundred fifty thousand (250,000) for the creation of a legislative district. 5 The
petitioners claim that the reconfiguration by Republic Act No. 9716 of the first and
Following the enactment of Republic Act No. 9716, the first and second districts of second districts of Camarines Sur is unconstitutional, because the proposed first district
Camarines Sur were reconfigured in order to create an additional legislative district for will end up with a population of less than 250,000 or only 176,383.
the province. Hence, the first district municipalities of Libmanan, Minalabac, Pamplona,
Pasacao, and San Fernando were combined with the second district municipalities of Petitioners rely on Section 5 (3), Article VI of the 1987 Constitution as basis for the cited
Milaor and Gainza to form a new second legislative district. The following table 3 250,000 minimum population standard. 6 The provision reads:
illustrates the reapportionment made by Republic Act No. 9716: AIaSTE
Article VI
District Municipalities/Cities Population
1st District Del Gallego 176,383
Ragay Section 5.(1) . . .
Lupi
Sipocot (2). . .
Cabusao
2nd District Libmanan San Fernando 276,777
(3)Each legislative district shall comprise, as far as practicable,
Minalabac Gainza contiguous, compact, and adjacent territory. Each city with a
Pamplona Milaor population of at least two hundred fifty thousand, or each
Pasacao province, shall have at least one representative. DIcSHE
3rd District Naga Camaligan 439,043
(formerly 2nd Pili Magarao
District) Ocampo Bombon (4). . . (Emphasis supplied).
Canaman Calabanga
4th District Caramoan Sangay 372,548 The petitioners posit that the 250,000 figure appearing in the above-cited provision is
(formerly 3rd Garchitorena San Jose the minimum population requirement for the creation of a legislative district. 7 The
petitioners theorize that, save in the case of a newly created province, each legislative and those who, as provided by law, shall be elected through a
district created by Congress must be supported by a minimum population of at least party-list system of registered national, regional and sectoral parties
250,000 in order to be valid. 8 Under this view, existing legislative districts may be or organizations. EaHcDS
reapportioned and severed to form new districts, provided each resulting district will
represent a population of at least 250,000. On the other hand, if the reapportionment (2). . .
would result in the creation of a legislative seat representing a populace of less than
250,000 inhabitants, the reapportionment must be stricken down as invalid for non-
compliance with the minimum population requirement. (3)Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a
population of at least two hundred fifty thousand, or each province,
In support of their theory, the petitioners point to what they claim is the intent of the shall have at least one representative.
framers of the 1987 Constitution to adopt a population minimum of 250,000 in the
creation of additional legislative seats. 9 The petitioners argue that when the
Constitutional Commission fixed the original number of district seats in the House of (4)Within three years following the return of every census, the
Representatives to two hundred (200), they took into account the projected national Congress shall make a reapportionment of legislative districts
population of fifty five million (55,000,000) for the year 1986. 10 According to the based on the standards provided in this section.
petitioners, 55 million people represented by 200 district representatives translates to
roughly 250,000 people for every one (1) representative. 11 Thus, the 250,000 On the other hand, the respondents, through the Office of the Solicitor General, seek
population requirement found in Section 5 (3), Article VI of the 1987 Constitution is the dismissal of the present petition based on procedural and substantive grounds.
actually based on the population constant used by the Constitutional Commission in
distributing the initial 200 legislative seats. On procedural matters, the respondents argue that the petitioners are guilty of two (2)
fatal technical defects: first, petitioners committed an error in choosing to assail the
Thus did the petitioners claim that in reapportioning legislative districts independently constitutionality of Republic Act No. 9716 via the remedy of Certiorari and Prohibition
from the creation of a province, Congress is bound to observe a 250,000 population under Rule 65 of the Rules of Court; and second, the petitioners have no locus standi to
threshold, in the same manner that the Constitutional Commission did in the original question the constitutionality of Republic Act No. 9716.
apportionment.
On substantive matters, the respondents call attention to an apparent distinction
Verbatim, the submission is that: between cities and provinces drawn by Section 5 (3), Article VI of the 1987 Constitution.
The respondents concede the existence of a 250,000 population condition, but argue
1.Republic Act 9716 is unconstitutional because the newly that a plain and simple reading of the questioned provision will show that the same has
apportioned first district of Camarines Sur failed to meet no application with respect to the creation of legislative districts in provinces. 13 Rather,
the population requirement for the creation of the the 250,000 minimum population is only a requirement for the creation of a legislative
legislative district as explicitly provided in Article VI, district in a city.
Section 5, Paragraphs (1) and (3) of the Constitution and
Section 3 of the Ordinance appended thereto; and In sum, the respondents deny the existence of a fixed population requirement for the
reapportionment of districts in provinces. Therefore, Republic Act No. 9716, which only
2.Republic Act 9716 violates the principle of proportional creates an additional legislative district within the province of Camarines Sur, should be
representation as provided in Article VI, Section 5 sustained as a perfectly valid reapportionment law.
paragraphs (1), (3) and (4) of the Constitution. 12
We first pass upon the threshold issues.
The provision subject of this case states:
The respondents assert that by choosing to avail themselves of the remedies of
Article VI Certiorari and Prohibition, the petitioners have committed a fatal procedural lapse. The
respondents cite the following reasons: EHITaS
Section 5.(1) The House of Representatives shall be composed of
not more than two hundred and fifty members, unless otherwise 1.The instant petition is bereft of any allegation that the
fixed by law, who shall be elected from legislative districts respondents had acted without or in excess of jurisdiction,
apportioned among the provinces, cities and the Metropolitan or with grave abuse of discretion.
Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio,
2.The remedy of Certiorari and Prohibition must be directed against Anent the locus standi requirement, this Court has already uniformly ruled in
a tribunal, board, officer or person, whether exercising Kilosbayan v. Guingona, 18 Tatad v. Executive Secretary, 19 Chavez v. Public
judicial, quasi-judicial, or ministerial functions. Estates Authority 20 and Bagong Alyansang Makabayan v. Zamora, 21 just to
Respondents maintain that in implementing Republic Act name a few, that absence of direct injury on the part of the party seeking judicial review
No. 9716, they were not acting as a judicial or quasi- may be excused when the latter is able to craft an issue of transcendental importance.
judicial body, nor were they engaging in the performance In Lim v. Executive Secretary, 22 this Court held that in cases of transcendental
of a ministerial act. importance, the cases must be settled promptly and definitely, and so, the standing
requirements may be relaxed. This liberal stance has been echoed in the more recent
3.The petitioners could have availed themselves of another plain, decision on Chavez v. Gonzales. 23
speedy and adequate remedy in the ordinary course of
law. Considering that the main thrust of the instant petition Given the weight of the issue raised in the instant petition, the foregoing principles must
is the declaration of unconstitutionality of Republic Act No. apply. The beaten path must be taken. We go directly to the determination of whether or
9716, the same could have been ventilated through a not a population of 250,000 is an indispensable constitutional requirement for the
petition for declaratory relief, over which the Supreme creation of a new legislative district in a province.
Court has only appellate, not original jurisdiction.
We deny the petition.
The respondents likewise allege that the petitioners had failed to show that they had
sustained, or is in danger of sustaining any substantial injury as a result of the We start with the basics. Any law duly enacted by Congress carries with it the
implementation of Republic Act No. 9716. The respondents, therefore, conclude that the presumption of constitutionality. 24 Before a law may be declared unconstitutional by
petitioners lack the required legal standing to question the constitutionality of Republic this Court, there must be a clear showing that a specific provision of the fundamental
Act No. 9716. law has been violated or transgressed. When there is neither a violation of a specific
provision of the Constitution nor any proof showing that there is such a violation, the
This Court has paved the way away from procedural debates when confronted with presumption of constitutionality will prevail and the law must be upheld. To doubt is to
issues that, by reason of constitutional importance, need a direct focus of the arguments sustain. 25
on their content and substance.
There is no specific provision in the Constitution that fixes a 250,000 minimum
The Supreme Court has, on more than one occasion, tempered the application of population that must compose a legislative district. TaCDIc
procedural rules, 14 as well as relaxed the requirement of locus standi whenever
confronted with an important issue of overreaching significance to society. 15 As already mentioned, the petitioners rely on the second sentence of Section 5 (3),
Article VI of the 1987 Constitution, coupled with what they perceive to be the intent of
Hence, in Del Mar v. Philippine Amusement and Gaming Corporation (PAGCOR) the framers of the Constitution to adopt a minimum population of 250,000 for each
16 and Jaworski v. PAGCOR, 17 this Court sanctioned momentary deviation from the legislative district.
principle of the hierarchy of courts, and took original cognizance of cases raising issues
of paramount public importance. The Jaworski case ratiocinates: CAaSED The second sentence of Section 5 (3), Article VI of the Constitution, succinctly provides:
"Each city with a population of at least two hundred fifty thousand, or each province,
Granting arguendo that the present action cannot be properly shall have at least one representative."
treated as a petition for prohibition, the transcendental
importance of the issues involved in this case warrants that The provision draws a plain and clear distinction between the entitlement of a city to a
we set aside the technical defects and take primary district on one hand, and the entitlement of a province to a district on the other. For
jurisdiction over the petition at bar. One cannot deny that the while a province is entitled to at least a representative, with nothing mentioned about
issues raised herein have potentially pervasive influence on the population, a city must first meet a population minimum of 250,000 in order to be
social and moral well being of this nation, specially the youth; similarly entitled.
hence, their proper and just determination is an imperative need.
This is in accordance with the well-entrenched principle that
rules of procedure are not inflexible tools designed to hinder The use by the subject provision of a comma to separate the phrase "each city with a
or delay, but to facilitate and promote the administration of population of at least two hundred fifty thousand" from the phrase "or each province"
justice. Their strict and rigid application, which would result in point to no other conclusion than that the 250,000 minimum population is only required
technicalities that tend to frustrate, rather than promote for a city, but not for a province. 26
substantial justice, must always be eschewed. (Emphasis
supplied)
Plainly read, Section 5 (3) of the Constitution requires a 250,000 minimum population Requisites for Creation. (a) A province may be created if it has
only for a city to be entitled to a representative, but not so for a province. an average annual income, as certified by the Department of
Finance, of not less than Twenty million pesos (P20,000,000.00)
The 250,000 minimum population requirement for legislative districts in cities was, in based on 1991 constant prices and either of the following
turn, the subject of interpretation by this Court in Mariano, Jr. v. COMELEC. 27 requisites:

In Mariano, the issue presented was the constitutionality of Republic Act No. 7854, (i)a contiguous territory of at least two thousand (2,000)
which was the law that converted the Municipality of Makati into a Highly Urbanized square kilometers, as certified by the Lands
City. As it happened, Republic Act No. 7854 created an additional legislative district for Management Bureau; or DTAcIa
Makati, which at that time was a lone district. The petitioners in that case argued that
the creation of an additional district would violate Section 5 (3), Article VI of the (ii)a population of not less than two hundred fifty thousand
Constitution, because the resulting districts would be supported by a population of less (250,000) inhabitants as certified by the National
than 250,000, considering that Makati had a total population of only 450,000. The Statistics Office.
Supreme Court sustained the constitutionality of the law and the validity of the newly
created district, explaining the operation of the Constitutional phrase "each city with a Notably, the requirement of population is not an indispensable requirement, but is
population of at least two hundred fifty thousand," to wit: DTEScI merely an alternative addition to the indispensable income requirement.

Petitioners cannot insist that the addition of another legislative Mariano, it would turn out, is but a reflection of the pertinent ideas that ran through the
district in Makati is not in accord with section 5(3), Article VI of the deliberations on the words and meaning of Section 5 of Article VI.
Constitution for as of the latest survey (1990 census), the
population of Makati stands at only four hundred fifty thousand
(450,000). Said section provides, inter alia, that a city with a The whats, whys, and wherefores of the population requirement of "at least two hundred
population of at least two hundred fifty thousand (250,000) shall fifty thousand" may be gleaned from the records of the Constitutional Commission
have at least one representative. Even granting that the which, upon framing the provisions of Section 5 of Article VI, proceeded to form an
population of Makati as of the 1990 census stood at four ordinance that would be appended to the final document. The Ordinance is captioned
hundred fifty thousand (450,000), its legislative district may "APPORTIONING THE SEATS OF THE HOUSE OF REPRESENTATIVES OF THE
still be increased since it has met the minimum population CONGRESS OF THE PHILIPPINES TO THE DIFFERENT LEGISLATIVE DISTRICTS
requirement of two hundred fifty thousand (250,000). In fact, IN PROVINCES AND CITIES AND THE METROPOLITAN MANILA AREA." Such
Section 3 of the Ordinance appended to the Constitution records would show that the 250,000 population benchmark was used for the 1986
provides that a city whose population has increased to more nationwide apportionment of legislative districts among provinces, cities and
than two hundred fifty thousand (250,000) shall be entitled to Metropolitan Manila. Simply put, the population figure was used to determine how many
at least one congressional representative. 28 (Emphasis districts a province, city, or Metropolitan Manila should have. Simply discernible too is
supplied) the fact that, for the purpose, population had to be the determinant. Even then, the
requirement of 250,000 inhabitants was not taken as an absolute minimum for one
legislative district. And, closer to the point herein at issue, in the determination of the
The Mariano case limited the application of the 250,000 minimum population precise district within the province to which, through the use of the population
requirement for cities only to its initial legislative district. In other words, while Section 5 benchmark, so many districts have been apportioned, population as a factor was not the
(3), Article VI of the Constitution requires a city to have a minimum population of sole, though it was among, several determinants.
250,000 to be entitled to a representative, it does not have to increase its population by
another 250,000 to be entitled to an additional district.
From its journal, 29 we can see that the Constitutional Commission originally divided the
entire country into two hundred (200) districts, which corresponded to the original
There is no reason why the Mariano case, which involves the creation of an additional number of district representatives. The 200 seats were distributed by the Constitutional
district within a city, should not be applied to additional districts in provinces. Indeed, if Commission in this manner: first, one (1) seat each was given to the seventy-three (73)
an additional legislative district created within a city is not required to represent a provinces and the ten (10) cities with a population of at least 250,000; 30 second, the
population of at least 250,000 in order to be valid, neither should such be needed for an remaining seats were then redistributed among the provinces, cities and the
additional district in a province, considering moreover that a province is entitled to an Metropolitan Area "in accordance with the number of their inhabitants on the basis of a
initial seat by the mere fact of its creation and regardless of its population. uniform and progressive ratio." 31 Commissioner Davide, who later became a Member
and then Chief Justice of the Court, explained this in his sponsorship remark 32 for the
Apropos for discussion is the provision of the Local Government Code on the creation of Ordinance to be appended to the 1987 Constitution:
a province which, by virtue of and upon creation, is entitled to at least a legislative
district. Thus, Section 461 of the Local Government Code states:
Commissioner Davide: The ordinance fixes at 200 the number of Thereupon, Mr. Nolledo stated that Puerto Princesa has a
legislative seats which are, in turn, apportioned among provinces population of 75,480 and based on the apportionment, its inclusion
and cities with a population of at least 250,000 and the Metropolitan with the northern towns would result in a combined population of
Area in accordance with the number of their respective inhabitants 265,000 as against only 186,000 for the south. He added that Cuyo
on the basis of a uniform and progressive ratio. The population is and Coron are very important towns in the northern part of Palawan
based on the 1986 projection, with the 1980 official enumeration as and, in fact, Cuyo was the capital of Palawan before its transfer to
the point of reckoning. This projection indicates that our population Puerto Princesa. He also pointed out that there are more potential
is more or less 56 million. Taking into account the mandate that candidates in the north and therefore if Puerto Princesa City and
each city with at least 250,000 inhabitants and each province the towns of Cuyo and Coron are lumped together, there would be
shall have at least one representative, we first allotted one seat less candidates in the south, most of whose inhabitants are not
for each of the 73 provinces, and each one for all cities with a interested in politics. He then suggested that Puerto Princesa be
population of at least 250,000, which are the Cities of Manila, included in the south or the Second District.
Quezon, Pasay, Caloocan, Cebu, Iloilo, Bacolod, Cagayan de
Oro, Davao and Zamboanga. Thereafter, we then proceed[ed] Mr. Davide stated that the proposal would be considered during the
to increase whenever appropriate the number of seats for the period of amendments. He requested that the COMELEC staff
provinces and cities in accordance with the number of their study said proposal. 33
inhabitants on the basis of a uniform and progressive ratio.
(Emphasis supplied). cEAIHa
"PROPOSED AMENDMENT OF MR. NOLLEDO
Thus was the number of seats computed for each province and city. Differentiated from
this, the determination of the districts within the province had to consider "all protests On the districting of Palawan, Mr. Nolledo pointed out that it was
and complaints formally received" which, the records show, dealt with determinants explained in the interpellations that District I has a total population
other than population as already mentioned. of 265,358 including the City of Puerto Princesa, while the Second
District has a total population of 186,733. He proposed, however,
that Puerto Princesa be included in the Second District in order to
Palawan is a case in point. Journal No. 107 of the Constitutional Commission narrates: satisfy the contiguity requirement in the Constitution considering
that said City is nearer the southern towns comprising the Second
INTERPELLATION OF MR. NOLLEDO: District. DEIHAa

Mr. Nolledo inquired on the reason for including Puerto Princesa in In reply to Mr. Monsod's query, Mr. Nolledo explained that with the
the northern towns when it was more affinity with the southern town proposed transfer of Puerto Princesa City to the Second District,
of Aborlan, Batarasa, Brooke's Point, Narra, Quezon and Marcos. the First District would only have a total population of 190,000 while
He stated that the First District has a greater area than the Second the Second District would have 262,213, and there would be no
District. He then queried whether population was the only factor substantial changes.
considered by the Committee in redistricting.
Mr. Davide accepted Mr. Nolledo's proposal to insert Puerto
Replying thereto, Mr. Davide explained that the Committee took Princesa City before the Municipality of Aborlan.
into account the standards set in Section 5 of the Article on the
Legislative Department, namely: 1) the legislative seats should be There being no objection on the part of the Members the same was
apportioned among the provinces and cities and the Metropolitan approved by the Body.
Manila area in accordance with their inhabitants on the basis of a
uniform and progressive ratio; and 2) the legislative district must be
compact, adjacent and contiguous. APPROVAL OF THE APPORTIONMENT AND DISTRICTING OF
PALAWAN
Mr. Nolledo pointed out that the last factor was not met when
Puerto Princesa was included with the northern towns. He then There being no other amendment, on motion of Mr. Davide, there
inquired what is the distance between Puerto Princesa from San being no objection, the apportionment and districting for the
Vicente. province of Palawan was approved by the Body. 34

xxx xxx xxx The districting of Palawan disregarded the 250,000 population figure. It was decided by
the importance of the towns and the city that eventually composed the districts.
Benguet and Baguio are another reference point. The Journal further narrates: Mr. Davide informed that in view of the approval of the amendment,
Benguet with Baguio City will have two seats. The First District shall
At this juncture, Mr. Davide informed the Body that Mr. Regalado comprise of the municipalities of Mankayan, Buguias, Bakun,
made a reservation with the Committee for the possible reopening Kabayan, Kibungan, Bokod, Atok, Kapangan, Tublay, La Trinidad,
of the approval of Region I with respect to Benguet and Baguio Sablan, Itogon and Tuba. The Second District shall comprise of
City. Baguio City alone.

REMARKS OF MR. REGALADO There being no objection, the Body approved the apportionment
and districting of Region I. 35
Mr. Regalado stated that in the formulation of the Committee,
Baguio City and Tuba are placed in one district. He stated that he Quite emphatically, population was explicitly removed as a factor.
was toying with the idea that, perhaps as a special consideration for
Baguio because it is the summer capital of the Philippines, Tuba It may be additionally mentioned that the province of Cavite was divided into districts
could be divorced from Baguio City so that it could, by itself, have based on the distribution of its three cities, with each district having a city: one district
its own constituency and Tuba could be transferred to the Second "supposed to be a fishing area; another a vegetable and fruit area; and the third, a rice
District together with Itogon. Mr. Davide, however, pointed out that growing area," because such consideration "fosters common interests in line with the
the population of Baguio City is only 141,149. standard of compactness." 36 In the districting of Maguindanao, among the matters
discussed were "political stability and common interest among the people in the area"
Mr. Regalado admitted that the regular population of Baguio may and the possibility of "chaos and disunity" considering the "accepted regional, political,
be lower during certain times of the year, but the transient traditional and sectoral leaders." 37 For Laguna, it was mentioned that municipalities in
population would increase the population substantially and, the highland should not be grouped with the towns in the lowland. For Cebu,
therefore, for purposes of business and professional transactions, it Commissioner Maambong proposed that they should "balance the area and
is beyond question that population-wise, Baguio would more than population." 38
qualify, not to speak of the official business matters, transactions
and offices that are also there. cSTCDA Consistent with Mariano and with the framer deliberations on district apportionment, we
stated in Bagabuyo v. COMELEC 39 that: TcSHaD
Mr. Davide adverted to Director de Lima's statement that unless
Tuba and Baguio City are united, Tuba will be isolated from the rest . . . Undeniably, these figures show a disparity in the population
of Benguet as the place can only be reached by passing through sizes of the districts. The Constitution, however, does not
Baguio City. He stated that the Committee would submit the matter require mathematical exactitude or rigid equality as a standard
to the Body. in gauging equality of representation. . . . . To ensure quality
representation through commonality of interests and ease of
Upon inquiry of the Chair whether he is insisting on his amendment, access by the representative to the constituents, all that the
Mr. Regalado stated that the Body should have a say on the matter Constitution requires is that every legislative district should
and that the considerations he had given are not on the comprise, as far as practicable, contiguous, compact and adjacent
demographic aspects but on the fact that Baguio City is the territory. (Emphasis supplied).
summer capital, the venue and situs of many government offices
and functions. This 2008 pronouncement is fresh reasoning against the uncompromising stand of
petitioner that an additional provincial legislative district, which does not have at least a
On motion of Mr. Davide, there being no objection, the Body 250,000 population is not allowed by the Constitution.
approved the reconsideration of the earlier approval of the
apportionment and districting of Region I, particularly Benguet. The foregoing reading and review lead to a clear lesson.

Thereafter, on motion of Mr. Davide, there being no objection, the Neither in the text nor in the essence of Section 5, Article VI of the Constitution can, the
amendment of Mr. Regalado was put to a vote. With 14 Members petition find support. And the formulation of the Ordinance in the implementation of the
voting in favor and none against, the amendment was approved by provision, nay, even the Ordinance itself, refutes the contention that a population of
the Body. 250,000 is a constitutional sine qua non for the formation of an additional legislative
district in a province, whose population growth has increased beyond the 1986
numbers.
Translated in the terms of the present case: of the letter, so very clearly given form in the Constitutional debates on the exact issue
presented by this petition.
1.The Province of Camarines Sur, with an estimated population of
1,693,821 in 2007 is based on the formula and constant number WHEREFORE, the petition is hereby DISMISSED. Republic Act No. 9716 entitled "An
of 250,000 used by the Constitutional Commission in nationally Act Reapportioning the Composition of the First (1st) and Second (2nd) Legislative
apportioning legislative districts among provinces and cities Districts in the Province of Camarines Sur and Thereby Creating a New Legislative
entitled to two (2) districts in addition to the four (4) that it was given District From Such Reapportionment" is a VALID LAW.
in the 1986 apportionment. Significantly, petitioner Aquino
concedes this point. 40 In other words, Section 5 of Article VI as SO ORDERED.
clearly written allows and does not prohibit an additional district for
the Province of Camarines Sur, such as that provided for in
Republic Act No. 9786; Corona, Velasco, Jr., Nachura, Leonardo-de Castro, Peralta, Bersamin, Del Castillo and
Mendoza, JJ., concur.
2.Based on the pith and pitch of the exchanges on the Ordinance
on the protests and complaints against strict conformity with the Puno, C.J., I join the dissenting opinion of J. Carpio.
population standard, and more importantly based on the final
districting in the Ordinance on considerations other than population, Carpio, J., see dissenting opinion.
the reapportionment or the recomposition of the first and second
legislative districts in the Province of Camarines Sur that resulted in Carpio Morales, J., please see concurring and dissenting opinion.
the creation of a new legislative district is valid even if the
population of the new district is 176,383 and not 250,000 as
insisted upon by the petitioners. EcIaTA Brion, J., I join opinion of J. CC Morales.

3.The factors mentioned during the deliberations on House Bill No. Abad, J., is on official leave.
4264, were:
Villarama, Jr., J., I join Justice Morales' concurring and dissenting opinion.
(a)the dialects spoken in the grouped municipalities;
Separate Opinions
(b)the size of the original groupings compared to that of
the regrouped municipalities; CARPIO, J., dissenting:

(c)the natural division separating the municipality subject I dissent. The majority opinion wreaks havoc on the bedrock principle of our "democratic
of the discussion from the reconfigured District and republican State" 1 that all votes are equal. Instead, the majority opinion
One; and introduces the Orwellian concept that some votes are more equal than others. The
majority opinion allows, for the first time under the 1987 Constitution, voters in a
(d)the balancing of the areas of the three districts resulting legislative district created by Congress to send one representative to Congress even if
from the redistricting of Districts One and Two. 41 the district has a population of only 176,383. In sharp contrast, all other legislative
districts created by Congress send one representative each because they all meet the
minimum population requirement of 250,000. aHSTID
Each of such factors and in relation to the others considered together, with the
increased population of the erstwhile Districts One and Two, point to the utter absence
of abuse of discretion, much less grave abuse of discretion, 42 that would warrant the The assailed Republic Act No. 9716 (RA 9716) is unconstitutional for being utterly
repugnant to the clear and precise "standards" prescribed in Section 5, Article VI of the
invalidation of Republic Act No. 9716.
1987 Constitution for the creation of legislative districts. Section 5 (4) 2 of Article VI
mandates that "Congress shall make a reapportionment of legislative districts
To be clear about our judgment, we do not say that in the reapportionment of the first based on the standards" fixed in Section 5. These constitutional standards, as far as
and second legislative districts of Camarines Sur, the number of inhabitants in the population is concerned, are: (1) proportional representation; (2) minimum
resulting additional district should not be considered. Our ruling is that population is not population of 250,000 per legislative district; (3) progressive ratio in the increase
the only factor but is just one of several other factors in the composition of the additional of legislative districts as the population base increases; and (4) uniformity in
district. Such settlement is in accord with both the text of the Constitution and the spirit
apportionment of legislative districts "in provinces, cities, and the Metropolitan (c) [gave] Pangasinan with less inhabitants than both Manila and
Manila area." The assailed RA 9716 grossly violates these constitutional standards. Cotabato . . . more than both, five members having been assigned
to it; (d) [gave] Samar (with 871,857) four members while Davao
Legislators Represent People, Not Provinces or Cities with 903,224 got three only; (e) [gave] Bulacan with 557,691 . . .
two only, while Albay with less inhabitants (515,691) got three, and
(f) [gave] Misamis Oriental with 387,839 . . . one member only,
There was never any debate 3 in the design of our government that the members of the while Cavite with less inhabitants (379,904) got two. 14 . . .
House of Representatives, just like the members of the Senate, represent people
not provinces, cities, or any other political unit. 4 The only difference is that the
members of the Senate represent the people at large while the members of the House for being repugnant to the constitutional edict under the 1935 Constitution that the
represent the people in legislative districts. Thus, population or the number of Members of the House of Representatives "shall be apportioned among the several
inhabitants in a district is the essential measure of representation in the House provinces as nearly as may be according to the number of their respective
of Representatives. 5 Section 5 (1), Article VI of the 1987 Constitution, just like in the inhabitants." 15
previous Constitutions, 6 could not be any clearer:
Section 5 (1), Article VI of the 1987 Constitution is even more precise by providing that
The House of Representatives shall be composed of . . . members, the Members of the House "shall be elected from legislative districts apportioned among
. . ., who shall be elected from legislative districts apportioned the provinces, cities, and the Metropolitan Manila area in accordance with the number
among the provinces, cities, and the Metropolitan Manila area in of their respective inhabitants, and on the basis of a uniform and progressive ratio . .
accordance with the number of their respective inhabitants, . ." The phrase "as nearly as may be according to the number of their respective
and on the basis of a uniform and progressive ratio . . . . (Emphasis inhabitants" in the 1935 Constitution has been changed in the 1987 Constitution to the
supplied) more precise "in accordance with the number of their respective inhabitants, and on the
basis of a uniform and progressive ratio . . . ." The addition of the phrase "on the
basis of a uniform and progressive ratio" was meant to stress that the rule on
Evidently, the idea of the people, as individuals, electing their representatives under the proportional representation shall apply uniformly in the apportionment of every
principle of "one person, one vote," 7 is the cardinal feature of any polity, like ours, legislative district.
claiming to be a "democratic and republican State." 8 A democracy in its pure state is
one where the majority of the people, under the principle of "one person, one vote,"
directly run the government. 9 A republic is one which has no monarch, royalty or The phrase "in accordance with the number of their respective inhabitants," which
nobility, 10 ruled by a representative government elected by the majority of the people precedes the phrase "provinces, cities and the Metropolitan Manila area," means that
under the principle of "one person, one vote," where all citizens are equally subject to legislative districts in provinces, cities and the Metropolitan Manila area shall be
the laws. 11 A republic is also known as a representative democracy. The democratic apportioned according to proportional representation or equal representation for
and republican ideals are intertwined, and converge on the common principle of equal numbers of people. Thus, there shall be one legislative district for every given
equality equality in voting power, and equality under the law. cCaEDA number of people, whether inhabiting in provinces, cities or the Metropolitan Manila
area.
The constitutional standard of proportional representation is rooted in equality in voting
power that each vote is worth the same as any other vote, not more or less. The phrase "on the basis of a uniform . . . ratio" means that the ratio of one legislative
Regardless of race, ethnicity, religion, sex, occupation, poverty, wealth or district for every given number of people shall be applied uniformly in all
literacy, voters have an equal vote. Translated in terms of legislative redistricting, this apportionments, whether in provinces, cities or the Metropolitan Manila area. Section
means equal representation for equal numbers of people 12 or equal voting 5 (3) of Article VI mandates that "[e]ach city with a population of at least two
weight per legislative district. In constitutional parlance, this means representation for hundred fifty thousand . . . shall have at least one representative." Consequently, a
every legislative district "in accordance with the number of their respective population of 250,000 serves as the default minimum population applicable to every
inhabitants, and on the basis of a uniform and progressive ratio" 13 or legislative district following the rule on uniformity in the apportionment of legislative
proportional representation. Thus, the principle of "one person, one vote" or equality districts, whether in provinces, cities or in the Metropolitan Manila area. IESTcD
in voting power is inherent in proportional representation.
The phrase "progressive ratio" means that the number of legislative districts shall
It was in obedience to the rule on proportional representation that this Court increase as the number of the population increases, whether in provinces, cities or the
unanimously struck down an apportionment law which: Metropolitan Manila area. Thus, a province shall have one legislative district if it has a
population of 250,000, and two legislative districts if it has 500,000. This insures that
proportional representation is maintained if there are increases in the population of a
(a) . . . gave Cebu seven members, while Rizal with a bigger province, city, or the Metropolitan Manila area. This is what is meant by a
number of inhabitants got four only; (b) . . . gave Manila four "progressive ratio" in the apportionment of legislative districts, a ratio that must also be
members, while Cotabato with a bigger population got three only; uniformly applied.
Obviously, the 1987 Constitution has laid down clear and precise standards in the command that "legislative districts [shall be] apportioned among the provinces, cities,
apportionment of legislative districts compared to the 1935 Constitution. What is and the Metropolitan Manila area in accordance with the number of their respective
inescapable is that the 1987 Constitution has strengthened and tightened the inhabitants, and on the basis of a uniform and progressive ratio." To reiterate, the
requirement of uniformity in the apportionment of legislative districts, whether in Constitution commands that this rule on uniformity shall apply to legislative
provinces, cities or the Metropolitan Manila area. districts in "provinces, cities, and the Metropolitan Manila area." Otherwise,
districts apportioned in provinces, if freed from the minimum population requirement, will
To now declare, as the majority opinion holds, that apportionment in provinces can have constituencies two, four, ten times lower than in districts apportioned in cities,
disregard the minimum population requirement because the Constitution speaks of a violating the constitutional command that apportionment shall be based on a uniform
minimum population only in cities is logically flawed, constitutionally repulsive, and ratio in "provinces, cities, and the Metropolitan Manila area."
fatally corrosive of the bedrock notion that this country is a "democratic and republican
State." 16 This ruling of the majority strikes a debilitating blow at the heart of our In short, the constitutional "standards" in the apportionment of legislative
democratic and republican system of government. districts under Section 5 of Article VI, as far as population is concerned, are: (1)
proportional representation; (2) a minimum "population of at least two hundred
Under the majority's ruling, Congress can create legislative districts in provinces without fifty thousand" per legislative district; (3) progressive ratio in the increase of
regard to any minimum population. Such legislative districts can have a population of legislative districts as the population base increases; and (4) uniformity in the
150,000, 100,000, 50,000 or even 100, thus throwing out of the window the apportionment of legislative districts in "provinces, cities, and the Metropolitan
constitutional standards of proportional representation and uniformity in the creation of Manila area."
legislative districts. To disregard the minimum population requirement of 250,000 in
provincial legislative districts while maintaining it in city legislative districts is to For territory, the Constitution prescribes the "standards" that a legislative district must
disregard, as a necessary consequence, the constitutional standards of proportional be, "as far as practicable, contiguous, compact, and adjacent."
representation and uniformity in the creation of legislative districts in "provinces, cities,
and the Metropolitan Manila area." This means that legislative districts in provinces To repeat, other than population and territory, there are no other standards prescribed
can have a minimum population of anywhere from 100 (or even less) to 250,000, while in Section 5 of Article VI. This Court cannot add other standards not found in Section 5.
legislative districts in cities will always have a minimum population of 250,000. This will
spell the end of our democratic and republican system of government as we know it and
as envisioned in the 1987 Constitution. The Malapportionment of RA 9716 Flouts
the Constitutional Standards on Population
Constitutional Standards for Reapportionment:
Population and Territory RA 9716 grossly malapportions Camarines Sur's proposed five legislative districts by
flouting the standards of proportional representation among legislative districts and the
minimum population per legislative district.
The Constitution itself provides the "standards" against which reapportionment laws
like RA 9716 will be tested, following its command that "Congress shall make a
reapportionment of legislative districts based on the standards provided in this Based on the 2007 census, the proposed First District under RA 9716 will have a
section," 17 referring to Section 5, Article VI. These standards relate to first, population of only 176,383, which is 29% below the constitutional minimum
population, and second, territory. Section 5 admits of no other standards. TCaEIc population of 250,000 per legislative district. In contrast, the remaining four
proposed districts have populations way above the minimum with the highest at 439,043
(proposed Third District), lowest at 276,777 (proposed Second District) and an average
On population, the standards of the 1987 Constitution have four elements. First is the of 379,359. Indeed, the disparity is so high that three of the proposed districts (Third,
rule on proportional representation, which is the universal standard in direct Fourth, and Fifth Districts) have populations more than double that of the proposed
representation in legislatures. Second is the rule on a minimum population of 250,000 First District. 20 This results in wide variances among the districts' populations. Still
per legislative district, which was not present in our previous Constitutions. Third is the using the 2007 census, the ideal per district population for Camarines Sur is 338,764.
rule on progressive ratio, which means that the number of legislative districts shall 21 The populations of the proposed districts swing from this ideal by a high of
increase as the number of the population increases in accordance with the rule on positive 29.6% (Third District) to a low of negative 47.9% (First District). 22 This
proportional representation. Fourth is the rule on uniformity, which requires that the means that the smallest proposed district (First District) is underpopulated by
first three rules shall apply uniformly in all apportionments in provinces, cities nearly 50% of the ideal and the biggest proposed district (Third District) is
and the Metropolitan Manila area. overpopulated by nearly 30% of the ideal. cDICaS

The Constitution 18 and the Ordinance 19 appended to the 1987 Constitution fixes the The resulting vote undervaluation (for voters in the disfavored districts) and vote
minimum population of a legislative district at 250,000. Although textually relating to overvaluation (for voters in the First District) fails even the most liberal application of the
cities, this minimum population requirement applies equally to legislative districts constitutional standards. Votes in the proposed First District are overvalued by more
apportioned in provinces and the Metropolitan Manila area because of the constitutional
than 200% compared to votes from the Third, Fourth, and Fifth Districts and by more In short, the Constitution clearly mandates that the creation of legislative districts in
than 60% compared to votes in the Second District. Conversely, votes from the Third, provinces, cities and the Metropolitan Manila area must comply with proportional
Fourth, and Fifth Districts are undervalued by more than 200% compared to votes in the representation, on the basis of a uniform and progressive ratio. 26
First District while those in the Second District suffer more than 60% undervaluation.
Apportionment in the Ordinance Appended to the 1987 Constitution
Distinct from Legislative Reapportionments
Proportional representation in redistricting does not mean exact numbers of population,
to the last digit, for every legislative district. However, under the assailed RA 9716, the
It will not do to hoist the apportionment under the Ordinance appended to the
variances swing from negative 47.9% to positive 29.6%. Under any redistricting
Constitution or Mariano v. COMELEC 27 and Bagabuyo v. COMELEC 28 as normative
yardstick, such variances are grossly anomalous and destructive of the concept of
props to shore up the hollow proposition that reapportionment in provinces can
proportional representation. In the United States, the Supreme Court there ruled that a
dispense with the minimum population of 250,000 as prescribed in Section 5 of Article
variance of even less than 1% is unconstitutional in the absence of proof of a good
VI. In the first place, the Constitutional Commission, exercising constituent powers,
faith effort to achieve a mathematically exact apportionment. 23
enjoyed absolute discretion to relax the standards it textualized in Section 5, Article VI,
in the interest of creating legislative districts en masse cognizant of legitimate concerns.
Significantly, petitioner Senator Aquino's attempt to redraw districting lines to make all 29 Only the people, through the instrument of ratification, possessed the greater
five proposed districts compliant with the minimum population requirement (and thus sovereign power to overrule the Constitutional Commission. By overwhelmingly
lessen the wide variances in population among the districts) was thwarted chiefly for ratifying the 1987 Constitution, the people in the exercise of their sovereign power
political expediency: his colleagues in the Senate deemed the existing districts in sanctioned the Constitutional Commission's discretionary judgments.
Camarines Sur "untouchable" because "[a Congressman] is king [in his district]." 24
This shows a stark absence of a good faith effort to achieve a more precise proportional
In contrast, Congress enacted RA 9716 in the exercise of its legislative powers
representation in the redistricting under the assailed RA 9716. Clearly, RA 9716 tinkers
under the 1987 Constitution and subject to the reapportionment standards in
with vote valuation, and consequently with the constitutional standard of proportional
Section 5, Article VI of the Constitution. Congress is strictly bound by the
representation, based solely on the whims of incumbent Congressmen, an invalid
reapportionment standards in Section 5, unlike the Constitutional Commission
standard for redistricting under Section 5 of Article VI.
which could create one-time exceptions subject to ratification by the sovereign
people. Until it enacted RA 9716, Congress never deviated from the minimum
Equally important, RA 9716 violates the minimum population requirement of 250,000 in population requirement of 250,000 in creating a legislative district. Thus, in
creating the proposed First District, which will have a population of only 176,383. Republic Act No. 7854 (RA 7854) which doubled the legislative districts in Makati
The minimum population of 250,000 per legislative district admits of no variance and City, the Court in Mariano v. COMELEC took note of the certification by the
must be complied with to the last digit. The Constitution mandates a population of "at National Statistics Office that at the time of the enactment of RA 7854, the
least two hundred fifty thousand" for a legislative district in a city, and under the population of Makati City was 508,174, entitling it to two representatives. 30
principle of "uniform and progressive ratio," for every legislative district in provinces Footnote 13 in Mariano v. COMELEC states: "As per the certificate issued by
and in the Metropolitan Manila area. Administrator Tomas Africa of the National Census and Statistics Office, the
population of Makati as of 1994 stood at 508,174; August 4, 1994, Senate
Entitlement of "Each Province" to "at Least One Representative" Deliberations on House Bill No. 12240 (converting Makati into a highly
No Basis to Ignore Standard of Uniform Population Ratio urbanized city) . . . ."

The directive in Section 5 (3) of Article VI that "each province, shall have at least one Similarly, in Republic Act No. 9371 (RA 9371) which also doubled the legislative districts
representative" means only that when a province is created, a legislative district must in Cagayan de Oro City, the two districts created complied with the minimum
also be created with it. 25 Can this district have a population below 250,000? To answer population of 250,000 (254,644 and 299,322, respectively), as the Court noted in
in the affirmative is to ignore the constitutional mandate that districts in provinces be Bagabuyo v. COMELEC. 31 Contrary to the assertion of the majority opinion, neither
apportioned "in accordance with the number of their respective inhabitants, and on the Mariano v. COMELEC nor Bagabuyo v. COMELEC supports the claim that Congress
basis of a uniform and progressive ratio." That the Constitution never meant to exclude can create a legislative district with a population of less than 250,000. On the contrary,
provinces from the requirement of proportional representation is evident in the opening these cases confirm that every legislative district must have a minimum population of
provision of Section 5 (1), which states: CDHacE 250,000. Only very recently, this Court in Aldaba v. COMELEC 32 struck down a law
creating a legislative district in the City of Malolos, which has a population just short of
the 250,000 minimum requirement. DHTCaI
The House of Representatives shall be composed of . . . members,
. . ., who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila area in RA 9716 Harbinger for Wave of Malapportionments
accordance with the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio . . . ." (Boldfacing
and underscoring supplied)
More than 20 years after the 1987 Constitution took effect, Congress has yet to comply I concur with the ponencia's discussion on the procedural issue.
with the Constitution's mandate that "[w]ithin three years following the return of every
census, the Congress shall make a reapportionment of legislative districts based on the "Transcendental importance" doctrine aside, petitioners have the requisite locus standi.
standards provided in this section." 33 Instead, Congress has contented itself with Petitioners are suing not only as lawmakers but as taxpayers and citizens as well. At the
enacting piecemeal reapportionment laws for individual areas, either for this sole initiative of a taxpayer, a statute may be nullified, on the supposition that expenditure of
purpose 34 or ancillary to the conversion 35 or creation 36 of a local government unit, at public funds for the purpose of administering an unconstitutional act constitutes a
the behest of legislators representing the area. As movements of district lines spell misapplication of such funds. 1 Republic Act No. 9716 (R.A. 9716) mandates the
doom or salvation for entrenched political interests, this process subjects Congress to creation of another legislative district and indubitably involves the expenditure of public
intense pressure to keep off certain districts. funds.

Until RA 9716 came along, Congress was able to balance political exigency with I DISSENT, however, on the ponencia's conclusion, on the substantive issue, that a
constitutional imperatives. RA 9716 marks a tectonic shift by tilting the balance in favor population of 250,000 is not an indispensable constitutional requirement for the creation
of entrenched interests, sacrificing the Constitution and ultimately, the ideals of of a new legislative district in a province.
representative democracy, at the altar of political expediency. If left unchecked, laws
like RA 9716 will fill the House of Representatives with two breeds of legislators, one,
representing districts two, four, ten times more populous than other favored districts, Contrary to the ponencia's assertion, petitioners do not merely rely on Article VI, Section
elected by voters holding "mickey mouse votes" and another, representing small, 5 (3) but also on Section 5 (1) of the same Article. 2 Both provisions must be read
favored districts, elected by voters holding "premium votes" two, four, ten times more together in light of the constitutional requirements of population and contiguity.
valuable than the votes in disfavored districts.
Section 5 (3) of Article VI disregards the 250,000 population requirement only with
Our oath of office as Justices of this Court forbids us from legitimizing this respect to existing provinces whose population does not exceed 250,000 or to newly
constitutionally abhorrent scheme, a scheme that for the first time under the 1987 created provinces under the Local Government Code (as long as the income and
Constitution creates a new politically privileged class of legislators in what is supposed territory requirements are met).
to be a "democratic and republican State." 37 To uphold RA 9716 is to uphold the
blatant violation of the constitutional standards requiring proportional representation and The ponencia misinterprets Mariano v. Comelec. 3 The actual population of the City of
a minimum population in the creation of legislative districts. This will derail our one Makati during the Senate deliberations in 1994 on House Bill (H.B.) No. 4264 that was
person, one vote representative democracy from the tracks clearly and precisely laid to be enacted into R.A. No. 7854 was 508,174. 4 That is why the Court in Mariano
down in the 1987 Constitution. declared:

And for what end to create a special class of legislative districts represented by a Petitioners cannot insist that the addition of another legislative
new political elite exercising more legislative power than their votes command? Such a district in Makati is not in accord with Section 5(3), Article VI of the
grant of privileged political status is the modern day equivalent of a royalty or nobility Constitution for as of the latest survey (1990 census), the
title, which is banned under the 1987 Constitution. History will not be kind to those who population of Makati stands at only four hundred fifty thousand
embark on a grotesquely anomalous constitutional revision that is repulsive to our ideals (450,000). Said section provides, inter alia, that a city with a
of a "democratic and republican State." population of at least two hundred fifty thousand (250,000) shall
have at least one representative. Even granting that the
The ruling of the majority today could sound the death knell for the principle of "one population of Makati as of the 1990 census stood at four hundred
person, one vote" that insures equality in voting power. All votes are equal, and there is fifty thousand (450,000), its legislative district may still be increased
no vote more equal than others. This equality in voting power is the essence of our since it has met the minimum population requirement of two
democracy. This Court is supposed to be the last bulwark of our democracy. Sadly, hundred fifty thousand (250,000). In fact, Section 3 of the
here the Court, in ruling that there are some votes more equal than others, has failed in Ordinance appended to the Constitution provides that a city whose
its primordial constitutional duty to protect the essence of our democracy. cHATSI population has increased to more than two hundred fifty
thousand (250,000) shall be entitled to at least one
congressional representative. 5 (emphasis in the original)
Accordingly, I vote to GRANT the petition and to DECLARE UNCONSTITUTIONAL cIECaS
Republic Act No. 9716 for grossly violating the standards of proportional representation
and minimum population in the creation of legislative districts as prescribed in Section 5,
Article VI of the 1987 Constitution. Nothing in Mariano reflects that the Court disregarded the 250,000 population
requirement as it merely stated that Makati's legislative district may still be increased as
long as the minimum population requirement is met. The permissive declaration at that
CARPIO MORALES, J., concurring and dissenting:
time presupposes that Makati must still meet the constitutional requirements before it SHALL HAVE AT LEAST ONE REPRESENTATIVE. This is
can have another congressional district. Section 5 of the Article on the Legislative. . . . The ordinance fixes
at 200 the number of legislative seats which are, in turn,
The Local Government Code likewise is not in point since Section 461 thereof tackles apportioned among the provinces and cities with a population
the creation of a province and not the reapportioning of a legislative district based on of at least 250,000 and the Metropolitan Manila area in accordance
increasing population. There is thus no point in asserting that population is merely an with the number of their respective inhabitants on the basis of a
alternative addition to the income requirement. uniform and progressive ratio. The population is based on the
1986 projection, with the 1980 official enumeration as the point
of reckoning. This projection indicates that our population is
The ponencia likewise misinterprets Bagabuyo v. Comelec. 6 Notably, the ponencia more or less 56 million. Taking into account the mandate that
spliced that portion of the decision in Bagabuyo which it cited to suit its argument. Thus each city with at least 250,000 inhabitants and each province shall
the ponencia quotes: have at least one representative, we at first allotted one seat for
each of the 73 provinces; and one each for all cities with a
. . . Undeniably, these figures show a disparity in the population population of at least 250,000, which are the Cities of Manila,
sizes of the districts. The Constitution, however, does not Quezon, Pasay, Caloocan, Cebu, Iloilo, Bacolod, Cagayan de Oro,
require mathematical exactitude or rigid equality as a standard Davao and Zamboanga. Thereafter, we then proceeded to
in gauging equality of representation. . . . To ensure quality increase whenever appropriate the number of seats for the
representation through commonality of interests and ease of provinces and cities in accordance with number of their
access by the representative to the constituents, all that the inhabitants on the basis of a uniform and progressive ratio. . . .
Constitution requires is that every legislative district should . (capitalization, emphasis, italics and underscoring supplied)
comprise, as far as practicable, contiguous, compact and adjacent
territory. (emphasis and underscoring in the original by the The framers of the Constitution intended to apply the minimum population requirement
ponente) of 250,000 to both cities and provinces in the initial apportionment, in proportion to the
country's total population at that time (56 million).
It omitted that portion which specified the respective total population of the two districts
as above 250,000. Thus the full text of the pertinent portion of the decision reads: Yet the ponencia asserts that the 250,000 benchmark was used only for the purpose of
the 1986 initial apportionment of the legislative districts, and now disregards the
The petitioner, unfortunately, did not provide information about the benchmark's application in the present petition. It is eerily silent, however, on what the
actual population of Cagayan de Oro City. However, we take present population yardstick is. If the present estimated population of 90 million is to be
judicial notice of the August 2007 census of the National Statistics the dividend, 8 then there would roughly be one legislative district representative for
Office which shows that barangays comprising Cagayan de every 450,000.
Oro's first district have a total population of 254,644 while the
second district has 299,322 residents. Undeniably, these figures Following the constitutional mandate, the population requirement cannot fall below
show a disparity in the population sizes of the districts. The 250,000. This is the average "uniform and progressive ratio" that should prevail. Thus,
Constitution, however, does not require mathematical exactitude or using the present population figure, the benchmark should be anywhere between
rigid equality as a standard in gauging equality of representation. . . 250,000-450,000 persons per district. Using anything less than 250,000 is illogical, for it
. (emphasis and underscoring supplied) would operate to allow more than 360 representatives of legislative districts alone on
some capricious basis other than the variable of population. CcTHaD
The two legislative districts of Cagayan de Oro subject of Bagabuyo met the minimum
population requirement at the time of reappportionment. The ponencia's construal of the A case in point is the congressional reapportionment done in the provinces of Sultan
disparity in population sizes of the districts involved in Bagabuyo clearly differs from the Kudarat and Zamboanga Sibugay effected through Republic Act No. 9357 9 and
disparity of population in the present case. CADSHI Republic Act No. 9360, 10 respectively. At the time of the congressional deliberations
and effectivity of these laws, the population count in these provinces more than met the
The Record of the Constitutional Commission itself declares that the 250,000 basic standard. Sultan Kudarat already had a population of 522,187 during the 1995
benchmark was used in apportioning the legislative districts in the country. The census year, 11 while Zamboanga Sibugay met the population threshold in 2001 with
sponsorship speech of Commissioner Hilario Davide, Jr. 7 reflects so. an estimated 503,700 headcount. 12

. . . .Each legislative district shall comprise, as far as practicable, The ponencia sweepingly declares that "population was explicitly removed as a factor."
contiguous, compact and adjacent territory. EACH CITY OR EACH 13 Far from it. Population remains the controlling factor. From the discussions in the
PROVINCE WITH A POPULATION OF AT LEAST 250,000 initial apportionment and districting of Puerto Princesa, Baguio, Cavite, Laguna,
Maguindanao and Cebu in 1986, it is clear that population and contiguity were the Remarkably, before R.A. No. 9716, the first district met the 250,000 minimum. After
primary considerations, and the extraneous factors considered were circumspectly R.A. No. 9716, it suffered a very significant drop in its population from 416,680 to
subsumed thereto. 176,157.

The ponencia harps on petitioners' admission that Camarines Sur is actually entitled to The extraneous factors 15 cited by the ponencia do not suffice to justify the redistricting,
SIX legislative districts, given its population of 1,693,821, to justify its conclusion that particularly the inclusion of the municipality of Libmanan in the second district. Linguistic
there is nothing wrong in the creation of another legislative district in the province. This difference is a weak basis to segregate the municipalities in the redistricting. To
is a wrong premise. It bears noting that petitioners raised the legislative entitlement to sanction that as basis would see a wholesale redistricting of the entire country, given
underscore the GRAVE ABUSE OF DISCRETION committed in the enactment of R.A. the hundreds of dialects being spoken. Imagine Binondo being segregated from the
9716. Tagalog-speaking district of Tondo or Sta. Cruz in Manila on the ground that Fookien is
largely spoken in Binondo.
R.A. 9716 created one legislative district by reconfiguring the first and second districts.
It did not, however, touch the third and fourth districts which, when properly The former first district supposedly occupied 40% of the total land area of Camarines
reapportioned, can easily form another district. No reasons were offered except Senator Sur. But the former fourth district (which is now the fifth) comprises the same
Joker Arroyo's during the Senate Plenary Debates on H.B. No. 4264, viz.: "When it percentage of land area, if not bigger. If land area was a factor, then the former fourth
comes to their district, congressmen are kings. We cannot touch them. He [referring to district should have been re-districted also since it is endowed with a big area like the
Rep. Villafuerte] does not also want it [referring to the district of Rep. Villafuerte] former first district.
touched . . . even if they have a pregnant populace or inhabitants, he does not want it
touched." 14 The municipality of Libmanan is supposedly isolated by a body of water from the first
district. But so is the municipality of Cabusao which is situated northeast of Libmanan
The resulting population distribution in the present case violates the uniform and and which is bordered by the same body of water. Yet Cabusao is part of the new first
progressive ratio prescribed in the Constitution. district. Considering the similar geographical location of the two municipalities, there is
no compelling reason to segregate Libmanan from the first district and tack it to the
Prior to the enactment of R.A. No. 9716, the tally of population percentage per district in newly created second district.
Camarines Sur based on its population of 1,693,821 was as follows:
The seminal case of Reynolds v. Sims 16 had already ruled that these factors cannot be
District 1: 24.6% permissively considered in legislative reapportionment.

District 2: 28.03% . . . Population is, of necessity, the starting point for consideration
and the controlling criterion for judgment in legislative
apportionment controversies. . . . [We] hold that, as a basic
District 3: 21.99% constitutional standard, [equal protection] requires that the seats in
both houses of a bicameral state legislature must be apportioned
District 4: 25.33% on a population basis. Simply stated, an individual's right to vote for
state legislators is unconstitutionally impaired when its weight is in
Compare now the population percentage per district after the passage of R.A.
a substantial fashion diluted when compared with votes of citizens
9716: TaDCEc
living in other parts of the [State]. CaHcET
District 1: 10.4%
xxx xxx xxx
District 2: 16.34%
[Equal protection] requires that a State make an honest and good
District 3: 25.9% faith effort to construct districts, in both houses of its legislature, as
nearly of equal population as is practicable. We realize that it is a
District 4: 21.99% (former District 3) practical impossibility to arrange legislative districts so that each
one has an identical number of residents, citizens, or voters.
Mathematical exactness or precision is hardly a workable
District 5: 25.33% (former District 4) constitutional requirement. So long as the divergences from a
strict population principle are constitutionally permissible, but
neither history alone, nor economic or other sorts of group
interests, are permissible factors in attempting to justify Antecedents
disparities from population-based representation. Citizens, not
history or economic interests, cast votes. Considerations of area Before 1 May 2009, the province of Bulacan was represented in Congress through four
alone provide an insufficient justification for deviations from legislative districts. The First Legislative District comprised of the city of Malolos 1 and
the equal-population principle. Again, people, not land or trees or the municipalities of Hagonoy, Calumpit, Pulilan, Bulacan, and Paombong. On 1 May
pastures, vote. . . . (emphasis and underscoring supplied) 2009, RA 9591 lapsed into law, amending Malolos' City Charter, 2 by creating a
separate legislative district for the city. At the time the legislative bills for RA 9591 were
Undoubtedly, Camarines Sur's malapportionment largely partakes of gerrymandering. filed in Congress in 2007, namely, House Bill No. 3162 (later converted to House Bill
17 No. 3693) and Senate Bill No. 1986, the population of Malolos City was 223,069. The
population of Malolos City on 1 May 2009 is a contested fact but there is no dispute that
A final word. By pronouncing that "other factors," aside from population, should be House Bill No. 3693 relied on an undated certification issued by a Regional Director of
considered in the composition of additional districts, thereby adding other requisites the National Statistics Office (NSO) that "the projected population of the Municipality of
despite the Constitution's clear limitation to population and contiguity, the ponencia Malolos will be 254,030 by the year 2010 using the population growth rate of 3.78
effectively opens the floodgates to opportunistic lawmakers to reconfigure their own between 1995 to 2000." 3
principalia and bantam districts. Leaving open Section 5 of Article VI to arbitrary factors,
such as economic, political, socio-cultural, racial and even religious ones, is an Petitioners, taxpayers, registered voters and residents of Malolos City, filed this petition
invitation to a free-for-all. contending that RA 9591 is unconstitutional for failing to meet the minimum population
threshold of 250,000 for a city to merit representation in Congress as provided under
In light of the foregoing, I vote to GRANT the petition and DECLARE Section 5 (3), Article VI of the 1987 Constitution and Section 3 of the Ordinance
UNCONSTITUTIONAL Republic Act No. 9716. appended to the 1987 Constitution.

||| (Aquino III v. COMELEC, G.R. No. 189793, April 07, 2010) In its Comment to the petition, the Office of the Solicitor General (OSG) contended that
Congress' use of projected population is non-justiciable as it involves a determination on
the "wisdom of the standard adopted by the legislature to determine compliance with [a
constitutional requirement]." 4 DECSIT
EN BANC
The Ruling of the Court

[G.R. No. 188078. January 25, 2010.] We grant the petition and declare RA 9591 unconstitutional for being violative of Section
5 (3), Article VI of the 1987 Constitution and Section 3 of the Ordinance appended to
VICTORINO B. ALDABA, CARLO JOLETTE S. FAJARDO, the 1987 Constitution.
JULIO G. MORADA, and MINERVA ALDABA MORADA,
petitioners, vs. COMMISSION ON ELECTIONS, respondent. The 1987 Constitution requires that for a city to have a legislative district, the city must
have "a population of at least two hundred fifty thousand." 5 The only issue here is
whether the City of Malolos has a population of at least 250,000, whether actual or
projected, for the purpose of creating a legislative district for the City of Malolos in time
DECISION for the 10 May 2010 elections. If not, then RA 9591 creating a legislative district in the
City of Malolos is unconstitutional.

House Bill No. 3693 cites the undated Certification of Regional Director Alberto N.
CARPIO, J p: Miranda of Region III of the National Statistics Office (NSO) as authority that the
population of the City of Malolos "will be 254,030 by the year 2010." The Certification
The Case states that the population of "Malolos, Bulacan as of May 1, 2000 is 175,291." The
Certification further states that it was "issued upon the request of Mayor Danilo A.
This is an original action for Prohibition to declare unconstitutional Republic Act No. Domingo of the City of Malolos in connection with the proposed creation of Malolos City
9591 (RA 9591), creating a legislative district for the city of Malolos, Bulacan, for as a lone congressional district of the Province of Bulacan." 6
violating the minimum population requirement for the creation of a legislative district in a
city. The Certification of Regional Director Miranda, which is based on demographic
projections, is without legal effect because Regional Director Miranda has no basis and
no authority to issue the Certification. The Certification is also void on its face because (f) Certifications of population size based on published census
based on its own growth rate assumption, the population of Malolos will be less than results shall be issued by the Provincial Census Officers or by the
250,000 in the year 2010. In addition, intercensal demographic projections cannot be Regional Census Officers. Certifications based on projections or
made for the entire year. In any event, a city whose population has increased to estimates, however, will be issued by the NSO Administrator
250,000 is entitled to have a legislative district only in the "immediately following or his designated certifying officer. (Emphasis supplied)
election" 7 after the attainment of the 250,000 population.
The Certification of Regional Director Miranda does not state that the demographic
First, certifications on demographic projections can be issued only if such projections projections he certified have been declared official by the NSCB. The records of this
are declared official by the National Statistics Coordination Board (NSCB). case do not also show that the Certification of Regional Director Miranda is based on
Second, certifications based on demographic projections can be issued only by the demographic projections declared official by the NSCB. The Certification, which states
NSO Administrator or his designated certifying officer. Third, intercensal that the population of Malolos "will be 254,030 by the year 2010," violates the
population projections must be as of the middle of every year. requirement that intercensal demographic projections shall be "as of the middle of every
year." In addition, there is no showing that Regional Director Miranda has been
Section 6 of Executive Order No. 135 8 dated 6 November 1993 issued by President designated by the NSO Administrator as a certifying officer for demographic projections
Fidel V. Ramos provides: in Region III. In the absence of such official designation, only the certification of the
NSO Administrator can be given credence by this Court.
SECTION 6. Guidelines on the Issuance of Certification of
Population sizes Pursuant to Section 7, 386, 442, 450, 452, and Moreover, the Certification states that "the total population of Malolos, Bulacan as of
461 of the New Local Government Code. HEcaIC May 1, 2000 is 175,291." The Certification also states that the population growth rate of
Malolos is 3.78% per year between 1995 and 2000. Based on a growth rate of 3.78%
per year, the population of Malolos of 175,291 in 2000 will grow to only 241,550 in 2010.
(a) The National Statistics Office shall issue certification on data DcICEa
that it has collected and processed as well as on statistics that it
has estimated.
Also, the 2007 Census places the population of Malolos at 223,069 as of 1 August
2007. 9 Based on a growth rate of 3.78%, the population of Malolos will grow to only
(b) For census years, certification on population size will be based 248,365 as of 1 August 2010. Even if the growth rate is compounded yearly, the
on actual population census counts; while for the intercensal population of Malolos of 223,069 as of 1 August 2007 will grow to only 249,333 as
years, the certification will be made on the basis of a set of of 1 August 2010. 10
demographic projections or estimates declared official by the
National Statistical Coordination Board (NSCB).
All these conflict with what the Certification states that the population of Malolos "will be
254,030 by the year 2010." Based on the Certification's own growth rate assumption,
(c) Certification of population census counts will be made as of the the population of Malolos will be less than 250,000 before the 10 May 2010 elections.
census reference date, such as May 1, 1990, while those of Incidentally, the NSO has no published population projections for individual
intercensal population estimates will be as of middle of every municipalities or cities but only for entire regions and provinces. 11
year.
Executive Order No. 135 cannot simply be brushed aside. The OSG, representing
(d) Certification of population size based on projections may specify respondent Commission on Elections, invoked Executive Order No. 135 in its Comment,
the range within which the true count is deemed likely to fall. The thus:
range will correspond to the official low and high population
projections.
Here, based on the NSO projection, "the population of the
Municipality of Malolos will be 254,030 by the year 2010 using the
(e) The smallest geographic area for which a certification on population growth rate of 3.78 between 1995-2000." This
population size may be issued will be the barangay for census projection issued by the authority of the NSO Administrator is
population counts, and the city or municipality for intercensal recognized under Executive Order No. 135 (The Guidelines on
estimates. If an LGU wants to conduct its own population census, the Issuance of Certification of Population Sizes), which
during off-census years, approval must be sought from the NSCB states:
and the conduct must be under the technical supervision of NSO
from planning to data processing.
xxx xxx xxx
(d) Certification of population size based on projections amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of
may specify the range within which the true count is the Government. 13
deemed likely to fall. The range will correspond to the
official low and high population projections. Even under the 1935 Constitution, this Court had already ruled, "The overwhelming
weight of authority is that district apportionment laws are subject to review by the
xxx xxx xxx courts." 14 Compliance with constitutional standards on the creation of legislative
districts is important because the "aim of legislative apportionment is 'to equalize
(f) Certifications of population size based on published population and voting power among districts.'" 15
census results shall be issued by the Provincial Census
Officers or by the Regional Census Officers. Certifications WHEREFORE, we GRANT the petition. We DECLARE Republic Act No. 9591
based on projections or estimates, however, will be issued UNCONSTITUTIONAL for being violative of Section 5 (3), Article VI of the 1987
by the NSO Administrator or his designated certifying Constitution and Section 3 of the Ordinance appended to the 1987 Constitution.
officer. 12 (Emphasis supplied)
SO ORDERED.
Any population projection forming the basis for the creation of a legislative district
must be based on an official and credible source. That is why the OSG cited Puno, C.J., Carpio Morales, Brion, Del Castillo, Villarama, Jr., and Perez, JJ., concur.
Executive Order No. 135, otherwise the population projection would be unreliable
or speculative.
Corona, Nachura, Leonardo-de Castro, Peralta and Bersamin, JJ., join the dissent of J.
Abad.
Section 3 of the Ordinance appended to the 1987 Constitution provides:
Velasco, Jr., J., took no part due to relationship.
Any province that may be created, or any city whose population
may hereafter increase to more than two hundred fifty thousand
shall be entitled in the immediately following election to at Abad, J., see dissenting opinion.
least one Member or such number of members as it may be
entitled to on the basis of the number of its inhabitants and Mendoza, J., is on leave.
according to the standards set forth in paragraph (3), Section 5 of
Article VI of the Constitution. . . . . (Emphasis supplied) ITCHSa
Separate Opinions
A city that has attained a population of 250,000 is entitled to a legislative district
only in the "immediately following election." In short, a city must first attain the
250,000 population, and thereafter, in the immediately following election, such city ABAD, J., dissenting:
shall have a district representative. There is no showing in the present case that
the City of Malolos has attained or will attain a population of 250,000, whether This case is about a law that establishes a new legislative district based on a projected
actual or projected, before the 10 May 2010 elections. population of the National Statistics Office (NSO) to meet the population requirement of
the Constitution in the reapportionment of legislative districts.
Clearly, there is no official record that the population of the City of Malolos will be
at least 250,000, actual or projected, prior to the 10 May 2010 elections, the The Facts and the Case
immediately following election after the supposed attainment of such population. Thus,
the City of Malolos is not qualified to have a legislative district of its own under Section 5 The City of Malolos and the Municipalities of Hagonoy, Calumpit, Pulilan, Bulacan, and
(3), Article VI of the 1987 Constitution and Section 3 of the Ordinance appended to the Paombong comprise the current first district of the province of Bulacan. In 2007 the
1987 Constitution. population of Malolos City was 223,069. The NSO projected that, using the established
population growth rate of 3.78 percent between 1995 and 2000, its population in 2010
On the OSG's contention that Congress' choice of means to comply with the population will be 254,030.
requirement in the creation of a legislative district is non-justiciable, suffice it to say that
questions calling for judicial determination of compliance with constitutional standards On May 1, 2009 Congress enacted Republic Act (R.A.) 9591, to amend Section 57 of
by other branches of the government are fundamentally justiciable. The resolution of R.A. 8754, the charter of the City of Malolos, making the city a separate district from the
such questions falls within the checking function of this Court under the 1987 existing first legislative district of Bulacan.
Constitution to determine whether there has been a grave abuse of discretion
The Challenge It is further certified that the projected population of the Municipality
of Malolos will be 254,030 by the year 2010 using the population
On June 16, 2009 petitioners Victorino Aldaba, Carlo Jolette S. Fajardo, Julio G. growth rate of 3.78 between 1995 to 2000. Please note that the
Morada, and Minerva Aldaba Morada, all claiming to be taxpayers from Malolos City, computation was just based on the conventional method and not
filed the present action, assailing the constitutionality of R.A. 9591. They point out a) taking into account other factors that may affect the base
that the law failed to comply with the requirement of Section 5 (4), Article VI of the 1987 population. Hence, the projected population may reach more than
Constitution that a city must have a population of at least 250,000; (2) that the creation 250,000 in consideration of the other factors like future or past
of a separate district amounts to a conversion and requires the conduct of a plebiscite; fertility, mortality, and migration within the locality for the year 2010.
and (3) that the law violates Section 5 (3), Article VI which provides that each district
shall comprise as far as practicable, contiguous, compact and adjacent territory. This certification is issued upon the request of Mayor Danilo A.
Domingo of the City of Malolos in connection with the proposed
The Dissenting View creation of Malolos City as a lone congressional district of the
Province of Bulacan.
First. Section 5, paragraphs (3) and (4), Article VI of the 1987 Constitution reads:
By authority of the
Administrator
(3) Each legislative district shall comprise, as far as practicable,
contiguous, compact and adjacent territory. Each city with a
population of at least two hundred fifty thousand, or each province, (Sgd.) ALBERTO N.
shall have at least one representative. MIRANDA

(4) Within three years following the return of every census, the Regional Director 1
Congress shall make a reapportionment of legislative districts
based on the standards provided in this section. I cannot agree with petitioners' claim that the Congress gravely abused its discretion in
relying on the 2010 projected population of Malolos City as basis for its reapportionment
For a city to merit one representative it should have a population of at least 250,000. A law. The Court has always been reluctant to act like a third chamber of Congress and
province, however, is entitled to one representative no matter what its population size. second guess its work. Only when the lawmakers commit grave abuse of discretion in
In this case, the basis of House Bill 3696 is the certification of the NSO that the their passage of the law can the Court step in. But the lawmakers must not only abuse
projected population of the City of Malolos by 2010, the coming election year, will be this discretion, they must do so with grave consequences. 2
254,030. Thus, said the NSO:
Here, nothing in Section 5, Article VI of the Constitution prohibits the use of estimates or
National Statistics Office population projections in the creation of legislative districts. As argued by the Solicitor
General, the standard to be adopted in determining compliance with the population
requirement involves a political question. In the absence of grave abuse of discretion or
Region III patent violation of established legal parameters, the Court cannot intrude into the
wisdom of the standard adopted by the legislature. ESHAcI
CERTIFICATION
In fact, in Macias v. Commission on Elections, 3 the Court upheld the validity of a
To whom it may concern: reapportionment law based on the NSO's "preliminary count of population" which may
be subject to revision. The Court held there that "although not final, and still subject to
This is to certify that based on the 2000 census of population in correction, a census enumeration may be considered official, in the sense that
housing census 2000 conducted by the National Statistics Office, Governmental action may be based thereon even in matters of apportionment of
the total population of Malolos, Bulacan as of May 1, 2000 is legislative districts."
175,291.
Majority opinion ably written by Justice Antonio T. Carpio points out, however, that "no
This is to certify that the results of the census 2000 were legal effect" can be accorded to the certification of demographic projection for Malolos
proclaimed and declared official by the President of the Philippines City issued by the NSO Region III Director because it violates the provisions of
under Proclamation No. 28, dated April 18, 2001. Executive Order 135 dated November 6, 1993 of President Fidel V. Ramos, which
requires that such demographic projection be declared official by the National Statistics
Coordination Board and that the certification be issued by the NSO administrator or a
designated officer. In addition, the intercensal population estimates must, according to In contrast, the NSO Regional Director's computation applies the growth rate of 3.78%
the Executive Order, "be as of middle of every year." per year, which is more logical in that the base is adjusted annually to reflect the year to
year growth. Thus:
But Executive Order 135 cannot apply to this case for the following reasons:
Base Rate Growth Year
a. The President issued Executive Order 135 specifically to provide guidelines on the
issuance of Certification of Population sizes pursuant to the following provisions of the 175,291 x 3.78% = 181,917 2001
Local Government Code: Section 7 (the creation and conversion of local government
units); Section 386 (the creation of a barangay), Section 442 (the creation of a 181,917 x 3.78% = 188,793 2002
municipality); Section 450 (the conversion of a municipality or a cluster of barangay into
a component city); Section 452 (the creation of highly urbanized cities); and Section 461
(the creation of urbanized cities). 188,793 x 3.78% = 195,929 2003

Since R.A. 9591 is not concerned with the creation or conversion of a local government 195,929 x 3.78% = 203,335 2004
unit but with the establishment of a new legislative district, which is by no means a local
government unit, the same is not governed by the requirements of Executive Order 135. 203,335 x 3.78% = 211,021 2005

b. R.A. 9591 is based on a "legislative" finding of fact that Malolos will have a population 211,021 x 3.78% = 218,998 2006
of over 250,000 by the year 2010. The rules of legislative inquiry or investigation are
unique to each house of Congress. Neither the Supreme Court nor the Executive 218,998 x 3.78% = 227,276 2007
Department can dictate on Congress the kind of evidence that will satisfy its law-making
requirement. It would be foolhardy for the Court to suggest that the legislature consider
only evidence admissible in a court of law or under the rules passed by the Office of the 227,276 x 3.78% = 235,867 2008
President. Obviously, the Judicial Department will resist a mandate from Congress on
what evidence its courts may receive to support its decisions. 235,867 x 3.78% = 244,783 2009

c. At any rate, the certification issued by the NSO Region III Director, whose office has 244,783 x 3.78% = 254,036 2010
jurisdiction over Malolos City, partakes of official information based on official data. That
Malolos had a population of 175,291 as of May 1, 2000 is, as the certification states,
Second. The constitutional check against "gerrymandering," which means the creation
based on the 2000 census of population conducted by the NSO. The President of the
of representative districts out of separate points of territory in order to favor a candidate,
Philippines proclaimed and declared that census official under Proclamation 28 dated
4 is found in Section 5 (3), Article VI of the Constitution. It states that "each legislative
April 18, 2001. On the other hand, the population growth rate of 3.78% used in the 2010
district shall comprise, as far as practicable, contiguous, compact and adjacent
population projection for Malolos derived from the difference between the results of the
territory."
official population census taken in 1995 and that taken in 2000. The Regional Director
did not make the projection by counting the trees from the mountaintops. The data are
based on evidence that is admissible even in a court of law. EDATSI It should be noted, however, that this rule is qualified by the phrase "as far as
practicable." Hence, the fact that the creation of a legislative district for Malolos would
separate the town of Bulacan from the rest of the towns comprising the first district,
The majority opinion claims that the NSO Regional Director's projection of the
would not militate against the constitutionality of R.A. 9716. This is so because there is
population of Malolos by 2010 is erroneous. Given that the total population of Malolos
no showing that Congress enacted R.A. 9591 to favor the interest of any candidate. A
as of May 1, 2000 was 175,291 and its growth rate was 3.78% per year, its population
city can aspire to have one representative who will represent its interest in Congress.
will grow, according to the dissenting opinion, to only 241,550 in 2010.

Third. Contrary to petitioners' claim, R.A. 9591 is a reapportionment bill. It does not
But the majority opinion uses the following formula: 175,291 x 37.80% (arrived at by
require the conduct of a plebiscite for its validity. As the Court held in Bagabuyo v.
multiplying the 3.78 annual growth rate by 10 for the 10 years between 2000 and 2010)
Commission on Elections, 5 the holding of a plebiscite is not a requirement in legislative
= 241,550. It uses a growth rate of 37.80% per 10 years to substitute for the stated
apportionment or reapportionment. A plebiscite is necessary only in the creation,
official growth rate of 3.78% per year. It ignores logic and the natural cumulative growth
division, merger, abolition or alteration of boundaries of local government units, which is
of population.
not the case here.
I vote to dismiss the petition. Before the COMELEC, petitioner argued that the LGBT community is a marginalized
and under-represented sector that is particularly disadvantaged because of their sexual
||| (Aldaba v. COMELEC, G.R. No. 188078, January 25, 2010) orientation and gender identity; that LGBTs are victims of exclusion, discrimination, and
violence; that because of negative societal attitudes, LGBTs are constrained to hide
their sexual orientation; and that Ang Ladlad complied with the 8-point guidelines
. . . [F]reedom to differ is not limited to things that do not matter enunciated by this Court inAng Bagong Bayani-OFW Labor Party v. Commission on
much. That would be a mere shadow of freedom. The test of its Elections. 6 Ang Ladlad laid out its national membership base consisting of individual
substance is the right to differ as to things that touch the heart of members and organizational supporters, and outlined its platform of governance. 7
the existing order.
On November 11, 2009, after admitting the petitioner's evidence, the COMELEC
Justice Robert A. Jackson (Second Division) dismissed the Petition on moral grounds, stating that:

West Virginia State Board of Education v. Barnette . . . This Petition is dismissible on moral grounds. Petitioner defines
1 the Filipino Lesbian, Gay, Bisexual and Transgender (LGBT)
Community, thus:
One unavoidable consequence of everyone having the freedom to choose is that others
may make different choices choices we would not make for ourselves, choices we . . . a marginalized and under-represented sector that is
may disapprove of, even choices that may shock or offend or anger us. However, particularly disadvantaged because of their sexual
choices are not to be legally prohibited merely because they are different, and the right orientation and gender identity.
to disagree and debate about important questions of public policy is a core value
protected by our Bill of Rights. Indeed, our democracy is built on genuine recognition of,
and respect for, diversity and difference in opinion. and proceeded to define sexual orientation as that which:

Since ancient times, society has grappled with deep disagreements about the . . . refers to a person's capacity for profound emotional,
definitions and demands of morality. In many cases, where moral convictions are affectional and sexual attraction to, and intimate and
concerned, harmony among those theoretically opposed is an insurmountable goal. Yet sexual relations with, individuals of a different gender, of
herein lies the paradox philosophical justifications about what is moral are the same gender, or more than one gender."
indispensable and yet at the same time powerless to create agreement. This Court
recognizes, however, that practical solutions are preferable to ideological stalemates; This definition of the LGBT sector makes it crystal clear that
accommodation is better than intransigence; reason more worthy than rhetoric. This will petitioner tolerates immorality which offends religious beliefs. In
allow persons of diverse viewpoints to live together, if not harmoniously, then, at least, Romans 1:26, 27, Paul wrote:
civilly.
For this cause God gave them up into vile affections, for
Factual Background even their women did change the natural use into that
which is against nature: And likewise also the men,
This is a Petition for Certiorari under Rule 65 of the Rules of Court, with an application leaving the natural use of the woman, burned in their lust
for a writ of preliminary mandatory injunction, filed by Ang Ladlad LGBT Party (Ang one toward another; men with men working that which is
Ladlad) against the Resolutions of the Commission on Elections (COMELEC) dated unseemly, and receiving in themselves that recompense
November 11, 2009 2 (the First Assailed Resolution) and December 16, 2009 3 (the of their error which was meet.
Second Assailed Resolution) in SPP No. 09-228 (PL) (collectively, the Assailed
Resolutions). The case has its roots in the COMELEC's refusal to accredit Ang Ladlad In the Koran, the hereunder verses are pertinent:
as a party-list organization under Republic Act (RA) No. 7941, otherwise known as the
Party-List System Act. 4 CDAHaE For ye practice your lusts on men in preference to women
"ye are indeed a people transgressing beyond bounds."
Ang Ladlad is an organization composed of men and women who identify themselves (7.81) "And we rained down on them a shower (of
as lesbians, gays, bisexuals, or trans-gendered individuals (LGBTs). Incorporated in brimstone): Then see what was the end of those who
2003, Ang Ladlad first applied for registration with the COMELEC in 2006. The indulged in sin and crime!" (7:84) "He said: "O my Lord!
application for accreditation was denied on the ground that the organization had no Help Thou me against people who do mischief" (29:30).
substantial membership base. On August 17, 2009, Ang Ladlad again filed a Petition 5
for registration with the COMELEC.
As correctly pointed out by the Law Department in its Comment 2.(a) The authors of obscene literature, published with
dated October 2, 2008: CcADHI their knowledge in any form; the editors publishing such
literature; and the owners/operators of the establishment
The ANG LADLAD apparently advocates sexual selling the same;
immorality as indicated in the Petition's par. 6F:
'Consensual partnerships or relationships by gays and (b)Those who, in theaters, fairs, cinematographs or any
lesbians who are already of age'. It is further indicated in other place, exhibit indecent or immoral plays, scenes,
par. 24 of the Petition which waves for the record: 'In acts or shows, it being understood that the obscene
2007, Men Having Sex with Men or MSMs in the literature or indecent or immoral plays, scenes, acts or
Philippines were estimated as 670,000 (Genesis 19 is the shows, whether live or in film, which are prescribed by
history of Sodom and Gomorrah). virtue hereof, shall include those which: (1) glorify
criminals or condone crimes; (2) serve no other purpose
Laws are deemed incorporated in every contract, permit, but to satisfy the market for violence, lust or pornography;
license, relationship, or accreditation. Hence, pertinent (3) offend any race or religion; (4) tend to abet traffic in
provisions of the Civil Code and the Revised Penal Code and use of prohibited drugs; and (5) are contrary to law,
are deemed part of the requirement to be complied with public order, morals, good customs, established policies,
for accreditation. lawful orders, decrees and edicts.

ANG LADLAD collides with Article 695 of the Civil Code 3.Those who shall sell, give away or exhibit films, prints,
which defines nuisance as 'Any act, omission, engravings, sculpture or literature which are offensive to
establishment, business, condition of property, or anything morals. THADEI
else which . . . (3) shocks, defies; or disregards decency
or morality . . . Petitioner should likewise be denied accreditation not only for
advocating immoral doctrines but likewise for not being truthful
It also collides with Article 1306 of the Civil Code: 'The when it said that it "or any of its nominees/party-list representatives
contracting parties may establish such stipulations, have not violated or failed to comply with laws, rules, or regulations
clauses, terms and conditions as they may deem relating to the elections."
convenient, provided they are not contrary to law, morals,
good customs, public order or public policy. Art. 1409 of Furthermore, should this Commission grant the petition, we will be
the Civil Code provides that 'Contracts whose cause, exposing our youth to an environment that does not conform to the
object or purpose is contrary to law, morals, good teachings of our faith. Lehman Strauss, a famous bible teacher and
customs, public order or public policy' are inexistent and writer in the U.S.A. said in one article that "older practicing
void from the beginning. homosexuals are a threat to the youth." As an agency of the
government, ours too is the State's avowed duty under Section 13,
Finally to safeguard the morality of the Filipino community, the Article II of the Constitution to protect our youth from moral and
Revised Penal Code, as amended, penalizes 'Immoral doctrines, spiritual degradation. 8
obscene publications and exhibitions and indecent shows' as
follows: When Ang Ladlad sought reconsideration, 9 three commissioners voted to overturn the
First Assailed Resolution (Commissioners Gregorio Y. Larrazabal, Rene V. Sarmiento,
Art. 201. Immoral doctrines, obscene publications and and Armando Velasco), while three commissioners voted to deny Ang Ladlad's Motion
exhibitions, and indecent shows. The penalty of prision for Reconsideration (Commissioners Nicodemo T. Ferrer, Lucenito N. Tagle, and Elias
mayor or a fine ranging from six thousand to twelve R. Yusoph). The COMELEC Chairman, breaking the tie and speaking for the majority in
thousand pesos, or both such imprisonment and fine, shall his Separate Opinion, upheld the First Assailed Resolution, stating that:
be imposed upon:
I.The Spirit of Republic Act No. 7941
1.Those who shall publicly expound or proclaim doctrines
openly contrary to public morals; Ladlad is applying for accreditation as a sectoral party in the party-
list system. Even assuming that it has properly proven its under-
representation and marginalization, it cannot be said that Ladlad's
expressed sexual orientations per se would benefit the nation as a IV.Public Morals
whole.
. . . There is no question about not imposing on Ladlad Christian or
Section 2 of the party-list law unequivocally states that the purpose Muslim religious practices. Neither is there any attempt to any
of the party-list system of electing congressional representatives is particular religious group's moral rules on Ladlad. Rather, what are
to enable Filipino citizens belonging to marginalized and under- being adopted as moral parameters and precepts are generally
represented sectors, organizations and parties, and who lack well- accepted public morals. They are possibly religious-based, but as a
defined political constituencies but who could contribute to the society, the Philippines cannot ignore its more than 500 years
formulation and enactment of appropriate legislation that will benefit of Muslim and Christian upbringing, such that some moral
the nation as a whole, to become members of the House of precepts espoused by said religions have sipped [sic] into
Representatives. society and these are not publicly accepted moral norms.

If entry into the party-list system would depend only on the ability of V.Legal Provisions
an organization to represent its constituencies, then all
representative organizations would have found themselves into the But above morality and social norms, they have become part of the
party-list race. But that is not the intention of the framers of the law. law of the land. Article 201 of the Revised Penal Code imposes the
The party-list system is not a tool to advocate tolerance and penalty of prision mayor upon "Those who shall publicly expound or
acceptance of misunderstood persons or groups of persons. proclaim doctrines openly contrary to public morals." It penalizes
Rather, the party-list system is a tool for the realization of "immoral doctrines, obscene publications and exhibition and
aspirations of marginalized individuals whose interests are indecent shows." "Ang Ladlad" apparently falls under these legal
also the nation's only that their interests have not been brought provisions. This is clear from its Petition's paragraph 6F:
to the attention of the nation because of their under representation. "Consensual partnerships or relationships by gays and lesbians
Until the time comes when Ladlad is able to justify that having who are already of age. It is further indicated in par. 24 of the
mixed sexual orientations and transgender identities is Petition which waves for the record: 'In 2007, Men Having Sex with
beneficial to the nation, its application for accreditation under Men or MSMs in the Philippines were estimated as 670,000.
the party-list system will remain just that. Moreoever, * Article 694 of the Civil Code defines "nuisance" as
any act, omission . . . or anything else . . . which shocks, defies or
II.No substantial differentiation disregards decency or morality . . . ." These are all unlawful. 10

In the United States, whose equal protection doctrine pervades On January 4, 2010, Ang Ladlad filed this Petition, praying that the Court annul the
Philippine jurisprudence, courts do not recognize lesbians, gays, Assailed Resolutions and direct the COMELEC to grant Ang Ladlad's application for
homosexuals, and bisexuals (LGBT) as a "special class" of accreditation. Ang Ladlad also sought the issuance ex parte of a preliminary mandatory
individuals. . . . Significantly, it has also been held that injunction against the COMELEC, which had previously announced that it would begin
homosexuality is not a constitutionally protected fundamental right, printing the final ballots for the May 2010 elections by January 25, 2010.
and that "nothing in the U.S. Constitution discloses a comparable
intent to protect or promote the social or legal equality of On January 6, 2010, we ordered the Office of the Solicitor General (OSG) to file its
homosexual relations," as in the case of race or religion or belief. Comment on behalf of COMELEC not later than 12:00 noon of January 11, 2010. 11
EcHTCD Instead of filing a Comment, however, the OSG filed a Motion for Extension, requesting
that it be given until January 16, 2010 to Comment. 12 Somewhat surprisingly, the OSG
xxx xxx xxx later filed a Comment in support of petitioner's application. 13 Thus, in order to give
COMELEC the opportunity to fully ventilate its position, we required it to file its own
Thus, even if society's understanding, tolerance, and acceptance of comment. 14 The COMELEC, through its Law Department, filed its Comment on
LGBT's is elevated, there can be no denying that Ladlad February 2, 2010. 15
constituencies are still males and females, and they will remain
either male or female protected by the same Bill of Rights that In the meantime, due to the urgency of the petition, we issued a temporary restraining
applies to all citizens alike. order on January 12, 2010, effective immediately and continuing until further orders
from this Court, directing the COMELEC to cease and desist from implementing the
xxx xxx xxx Assailed Resolutions. 16
Also, on January 13, 2010, the Commission on Human Rights (CHR) filed a Motion to sectors (labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly,
Intervene or to Appear as Amicus Curiae, attaching thereto its Comment-in-Intervention. handicapped, women, youth, veterans, overseas workers, and professionals) may be
17 The CHR opined that the denial of Ang Ladlad's petition on moral grounds violated registered under the party-list system. As we explicitly ruled in Ang Bagong Bayani-
the standards and principles of the Constitution, the Universal Declaration of Human OFW Labor Party v. Commission on Elections, 20 "the enumeration of marginalized and
Rights (UDHR), and the International Covenant on Civil and Political Rights (ICCPR). under-represented sectors is not exclusive". The crucial element is not whether a sector
On January 19, 2010, we granted the CHR's motion to intervene. DcaECT is specifically enumerated, but whether a particular organization complies with the
requirements of the Constitution and RA 7941.
On January 26, 2010, Epifanio D. Salonga, Jr. filed his Motion to Intervene 18 which
motion was granted on February 2, 2010. 19 Respondent also argues that Ang Ladlad made untruthful statements in its petition
when it alleged that it had nationwide existence through its members and affiliate
The Parties' Arguments organizations. The COMELEC claims that upon verification by its field personnel, it was
shown that "save for a few isolated places in the country, petitioner does not exist in
almost all provinces in the country." 21 EaISTD
Ang Ladlad argued that the denial of accreditation, insofar as it justified the exclusion by
using religious dogma, violated the constitutional guarantees against the establishment
of religion. Petitioner also claimed that the Assailed Resolutions contravened its This argument that "petitioner made untruthful statements in its petition when it alleged
constitutional rights to privacy, freedom of speech and assembly, and equal protection its national existence" is a new one; previously, the COMELEC claimed that petitioner
of laws, as well as constituted violations of the Philippines' international obligations was "not being truthful when it said that it or any of its nominees/party-list
against discrimination based on sexual orientation. representatives have not violated or failed to comply with laws, rules, or regulations
relating to the elections." Nowhere was this ground for denial of petitioner's
accreditation mentioned or even alluded to in the Assailed Resolutions. This, in itself, is
The OSG concurred with Ang Ladlad's petition and argued that the COMELEC erred in quite curious, considering that the reports of petitioner's alleged non-existence were
denying petitioner's application for registration since there was no basis for COMELEC's already available to the COMELEC prior to the issuance of the First Assailed
allegations of immorality. It also opined that LGBTs have their own special interests and Resolution. At best, this is irregular procedure; at worst, a belated afterthought, a
concerns which should have been recognized by the COMELEC as a separate change in respondent's theory, and a serious violation of petitioner's right to procedural
classification. However, insofar as the purported violations of petitioner's freedom of due process.
speech, expression, and assembly were concerned, the OSG maintained that there had
been no restrictions on these rights.
Nonetheless, we find that there has been no misrepresentation. A cursory perusal of
Ang Ladlad's initial petition shows that it never claimed to exist in each province of the
In its Comment, the COMELEC reiterated that petitioner does not have a concrete and Philippines. Rather, petitioner alleged that the LGBT community in the Philippines was
genuine national political agenda to benefit the nation and that the petition was validly estimated to constitute at least 670,000 persons; that it had 16,100 affiliates and
dismissed on moral grounds. It also argued for the first time that the LGBT sector is members around the country, and 4,044 members in its electronic discussion group. 22
not among the sectors enumerated by the Constitution and RA 7941, and that petitioner Ang Ladlad also represented itself to be "a national LGBT umbrella organization with
made untruthful statements in its petition when it alleged its national existence contrary affiliates around the Philippines composed of the following LGBT networks:"
to actual verification reports by COMELEC's field personnel.
Abra Gay Association
Our Ruling
Aklan Butterfly Brigade (ABB)-Aklan
We grant the petition.
Albay Gay Association
Compliance with the Requirements of
the Constitution and Republic Act No.
7941 Arts Center of Cabanatuan City-Nueva Ecija

The COMELEC denied Ang Ladlad's application for registration on the ground that the Boys Legion-Metro Manila
LGBT sector is neither enumerated in the Constitution and RA 7941, nor is it associated
with or related to any of the sectors in the enumeration. Cagayan de Oro People Like Us (CDO PLUS)

Respondent mistakenly opines that our ruling in Ang Bagong Bayani stands for the Can't Live in the Closet, Inc. (CLIC)-Metro Manila
proposition that only those sectors specifically enumerated in the law or related to said
Cebu Pride-Cebu City Society of Transexual Women of the Philippines (STRAP)-
Metro Manila
Circle of Friends
Soul Jive-Antipolo, Rizal
Dipolog Gay Association-Zamboanga del Norte
The Link-Davao City
Gay, Bisexual, & Transgender Youth Association (GABAY)
Tayabas Gay Association-Quezon
Gay and Lesbian Activists Network for Gender Equality
(GALANG)-Metro Manila Women's Bisexual Network-Metro Manila

Gay Men's Support Group (GMSG)-Metro Manila Zamboanga Gay Association-Zamboanga City 23

Gay United for Peace and Solidarity (GUPS)-Lanao del Norte Since the COMELEC only searched for the names ANG LADLAD LGBT or LADLAD
LGBT, it is no surprise that they found that petitioner had no presence in any of these
Iloilo City Gay Association-Iloilo City regions. In fact, if COMELEC's findings are to be believed, petitioner does not even
exist in Quezon City, which is registered as Ang Ladlad's principal place of business.
Kabulig Writer's Group-Camarines Sur
Against this backdrop, we find that Ang Ladlad has sufficiently demonstrated its
compliance with the legal requirements for accreditation. Indeed, aside from
Lesbian Advocates Philippines, Inc. (LEAP) COMELEC's moral objection and the belated allegation of non-existence, nowhere in
the records has the respondent ever found/ruled that Ang Ladlad is not qualified to
LUMINA-Baguio City register as a party-list organization under any of the requisites under RA 7941 or the
guidelines in Ang Bagong Bayani. The difference, COMELEC claims, lies in Ang
Marikina Gay Association-Metro Manila Ladlad's morality, or lack thereof.

Metropolitan Community Church (MCC)-Metro Manila Religion as the Basis for Refusal to
Accept Ang Ladlad's Petition for
Registration
Naga City Gay Association-Naga City
Our Constitution provides in Article III, Section 5 that "[n]o law shall be made respecting
ONE BACARDI AaITCS an establishment of religion, or prohibiting the free exercise thereof." At bottom, what
our non-establishment clause calls for is "government neutrality in religious matters." 24
Order of St. Aelred (OSAe)-Metro Manila Clearly, "governmental reliance on religious justification is inconsistent with this policy of
neutrality." 25 We thus find that it was grave violation of the non-establishment clause
for the COMELEC to utilize the Bible and the Koran to justify the exclusion of Ang
PUP LAKAN
Ladlad.

RADAR PRIDEWEAR
Rather than relying on religious belief, the legitimacy of the Assailed Resolutions should
depend, instead, on whether the COMELEC is able to advance some justification for its
Rainbow Rights Project (R-Rights), Inc.-Metro Manila rulings beyond mere conformity to religious doctrine. Otherwise stated, government
must act for secular purposes and in ways that have primarily secular effects. As we
San Jose del Monte Gay Association-Bulacan held in Estrada v. Escritor: 26

Sining Kayumanggi Royal Family-Rizal . . . The morality referred to in the law is public and necessarily
secular, not religious as the dissent of Mr. Justice Carpio holds.
"Religious teachings as expressed in public debate may influence
the civil public order but public moral disputes may be resolved only
on grounds articulable in secular terms." Otherwise, if government Petitioner's accreditation was denied not necessarily because their
relies upon religious beliefs in formulating public policies and group consists of LGBTs but because of the danger it poses to the
morals, the resulting policies and morals would require conformity people especially the youth. Once it is recognized by the
to what some might regard as religious programs or agenda. The government, a sector which believes that there is nothing wrong in
non-believers would therefore be compelled to conform to a having sexual relations with individuals of the same gender is a bad
standard of conduct buttressed by a religious belief, i.e., to a example. It will bring down the standard of morals we cherish in our
"compelled religion," anathema to religious freedom. Likewise, if civilized society. Any society without a set of moral precepts is in
government based its actions upon religious beliefs, it would tacitly danger of losing its own existence. 28
approve or endorse that belief and thereby also tacitly disapprove
contrary religious or non-religious views that would not support the We are not blind to the fact that, through the years, homosexual conduct, and perhaps
policy. As a result, government will not provide full religious homosexuals themselves, have borne the brunt of societal disapproval. It is not difficult
freedom for all its citizens, or even make it appear that those whose to imagine the reasons behind this censure religious beliefs, convictions about the
beliefs are disapproved are second-class citizens. preservation of marriage, family, and procreation, even dislike or distrust of
homosexuals themselves and their perceived lifestyle. Nonetheless, we recall that the
In other words, government action, including its proscription of Philippines has not seen fit to criminalize homosexual conduct. Evidently, therefore,
immorality as expressed in criminal law like concubinage, must these "generally accepted public morals" have not been convincingly transplanted into
have a secular purpose. That is, the government proscribes this the realm of law. 29
conduct because it is "detrimental (or dangerous) to those
conditions upon which depend the existence and progress of The Assailed Resolutions have not identified any specific overt immoral act performed
human society" and not because the conduct is proscribed by the by Ang Ladlad. Even the OSG agrees that "there should have been a finding by the
beliefs of one religion or the other. Although admittedly, moral COMELEC that the group's members have committed or are committing immoral acts."
judgments based on religion might have a compelling influence on 30 The OSG argues:
those engaged in public deliberations over what actions would be
considered a moral disapprobation punishable by law. After all, they
might also be adherents of a religion and thus have religious . . . A person may be sexually attracted to a person of the same
opinions and moral codes with a compelling influence on them; the gender, of a different gender, or more than one gender, but mere
human mind endeavors to regulate the temporal and spiritual attraction does not translate to immoral acts. There is a great divide
institutions of society in a uniform manner, harmonizing earth with between thought and action. Reduction ad absurdum. If immoral
heaven. Succinctly put, a law could be religious or Kantian or thoughts could be penalized, COMELEC would have its hands full
Aquinian or utilitarian in its deepest roots, but it must have an of disqualification cases against both the "straights" and the gays."
articulable and discernible secular purpose and justification to pass Certainly this is not the intendment of the law. 31
scrutiny of the religion clauses. . . . Recognizing the religious nature
of the Filipinos and the elevating influence of religion in society, Respondent has failed to explain what societal ills are sought to be prevented, or why
however, the Philippine constitution's religion clauses prescribe not special protection is required for the youth. Neither has the COMELEC condescended
a strict but a benevolent neutrality. Benevolent neutrality recognizes to justify its position that petitioner's admission into the party-list system would be so
that government must pursue its secular goals and interests but at harmful as to irreparably damage the moral fabric of society. We, of course, do not
the same time strive to uphold religious liberty to the greatest extent suggest that the state is wholly without authority to regulate matters concerning
possible within flexible constitutional limits. Thus, although the morality, sexuality, and sexual relations, and we recognize that the government will and
morality contemplated by laws is secular, benevolent neutrality should continue to restrict behavior considered detrimental to society. Nonetheless, we
could allow for accommodation of morality based on religion, cannot countenance advocates who, undoubtedly with the loftiest of intentions, situate
provided it does not offend compelling state interests. 27 morality on one end of an argument or another, without bothering to go through the
rigors of legal reasoning and explanation. In this, the notion of morality is robbed of all
Public Morals as a Ground to Deny value. Clearly then, the bare invocation of morality will not remove an issue from our
Ang Ladlad's Petition for Registration scrutiny.

Respondent suggests that although the moral condemnation of homosexuality and We also find the COMELEC's reference to purported violations of our penal and civil
homosexual conduct may be religion-based, it has long been transplanted into generally laws flimsy, at best; disingenuous, at worst. Article 694 of the Civil Code defines a
accepted public morals. The COMELEC argues: aIcCTA nuisance as "any act, omission, establishment, condition of property, or anything else
which shocks, defies, or disregards decency or morality," the remedies for which are a
prosecution under the Revised Penal Code or any local ordinance, a civil action, or
abatement without judicial proceedings. 32 A violation of Article 201 of the Revised
Penal Code, on the other hand, requires proof beyond reasonable doubt to support a LGBTs, and they deserve to participate in the party-list system on the same basis as
criminal conviction. It hardly needs to be emphasized that mere allegation of violation of other marginalized and under-represented sectors.
laws is not proof, and a mere blanket invocation of public morals cannot replace the
institution of civil or criminal proceedings and a judicial determination of liability or It bears stressing that our finding that COMELEC's act of differentiating LGBTs from
culpability. SDIaCT heterosexuals insofar as the party-list system is concerned does not imply that any
other law distinguishing between heterosexuals and homosexuals under different
As such, we hold that moral disapproval, without more, is not a sufficient governmental circumstances would similarly fail. We disagree with the OSG's position that
interest to justify exclusion of homosexuals from participation in the party-list system. homosexuals are a class in themselves for the purposes of the equal protection clause.
The denial of Ang Ladlad's registration on purely moral grounds amounts more to a 38 We are not prepared to single out homosexuals as a separate class meriting special
statement of dislike and disapproval of homosexuals, rather than a tool to further any or differentiated treatment. We have not received sufficient evidence to this effect, and it
substantial public interest. Respondent's blanket justifications give rise to the inevitable is simply unnecessary to make such a ruling today. Petitioner itself has merely
conclusion that the COMELEC targets homosexuals themselves as a class, not demanded that it be recognized under the same basis as all other groups similarly
because of any particular morally reprehensible act. It is this selective targeting that situated, and that the COMELEC made "an unwarranted and impermissible
implicates our equal protection clause. classification not justified by the circumstances of the case."

Equal Protection Freedom of Expression and


Association
Despite the absolutism of Article III, Section 1 of our Constitution, which provides "nor
shall any person be denied equal protection of the laws," courts have never interpreted Under our system of laws, every group has the right to promote its agenda and attempt
the provision as an absolute prohibition on classification. "Equality," said Aristotle, to persuade society of the validity of its position through normal democratic means. 39 It
"consists in the same treatment of similar persons." 33 The equal protection clause is in the public square that deeply held convictions and differing opinions should be
guarantees that no person or class of persons shall be deprived of the same protection distilled and deliberated upon. As we held in Estrada v. Escritor: 40
of laws which is enjoyed by other persons or other classes in the same place and in like
circumstances. 34 In a democracy, this common agreement on political and moral
ideas is distilled in the public square. Where citizens are free, every
Recent jurisprudence has affirmed that if a law neither burdens a fundamental right nor opinion, every prejudice, every aspiration, and every moral
targets a suspect class, we will uphold the classification as long as it bears a rational discernment has access to the public square where people
relationship to some legitimate government end. 35 In Central Bank Employees deliberate the order of their life together. Citizens are the bearers of
Association, Inc. v. Banko Sentral ng Pilipinas, 36 we declared that "[i]n our jurisdiction, opinion, including opinion shaped by, or espousing religious belief,
the standard of analysis of equal protection challenges . . . have followed the 'rational and these citizens have equal access to the public square. In this
basis' test, coupled with a deferential attitude to legislative classifications and a representative democracy, the state is prohibited from determining
reluctance to invalidate a law unless there is a showing of a clear and unequivocal which convictions and moral judgments may be proposed for public
breach of the Constitution." 37 deliberation. Through a constitutionally designed process, the
people deliberate and decide. Majority rule is a necessary principle
The COMELEC posits that the majority of the Philippine population considers in this democratic governance. Thus, when public deliberation on
homosexual conduct as immoral and unacceptable, and this constitutes sufficient moral judgments is finally crystallized into law, the laws will largely
reason to disqualify the petitioner. Unfortunately for the respondent, the Philippine reflect the beliefs and preferences of the majority, i.e., the
electorate has expressed no such belief. No law exists to criminalize homosexual mainstream or median groups. Nevertheless, in the very act of
behavior or expressions or parties about homosexual behavior. Indeed, even if we were adopting and accepting a constitution and the limits it specifies
to assume that public opinion is as the COMELEC describes it, the asserted state including protection of religious freedom "not only for a minority,
interest here that is, moral disapproval of an unpopular minority is not a legitimate however small not only for a majority, however large but for
state interest that is sufficient to satisfy rational basis review under the equal protection each of us" the majority imposes upon itself a self-denying
clause. The COMELEC's differentiation, and its unsubstantiated claim that Ang Ladlad ordinance. It promises not to do what it otherwise could do: to ride
cannot contribute to the formulation of legislation that would benefit the nation, furthers roughshod over the dissenting minorities.
no legitimate state interest other than disapproval of or dislike for a disfavored group.
Freedom of expression constitutes one of the essential foundations of a democratic
From the standpoint of the political process, the lesbian, gay, bisexual, and transgender society, and this freedom applies not only to those that are favorably received but also
have the same interest in participating in the party-list system on the same basis as to those that offend, shock, or disturb. Any restriction imposed in this sphere must be
other political parties similarly situated. State intrusion in this case is equally proportionate to the legitimate aim pursued. Absent any compelling state interest, it is
burdensome. Hence, laws of general application should apply with equal force to not for the COMELEC or this Court to impose its views on the populace. Otherwise
stated, the COMELEC is certainly not free to interfere with speech for no better reason Of course, none of this suggests the impending arrival of a golden age for gay rights
than promoting an approved message or discouraging a disfavored one. aAcDSC litigants. It well may be that this Decision will only serve to highlight the discrepancy
between the rigid constitutional analysis of this Court and the more complex moral
This position gains even more force if one considers that homosexual conduct is not sentiments of Filipinos. We do not suggest that public opinion, even at its most liberal,
illegal in this country. It follows that both expressions concerning one's homosexuality reflect a clear-cut strong consensus favorable to gay rights claims and we neither
and the activity of forming a political association that supports LGBT individuals are attempt nor expect to affect individual perceptions of homosexuality through this
protected as well. Decision.

Other jurisdictions have gone so far as to categorically rule that even overwhelming The OSG argues that since there has been neither prior restraint nor subsequent
public perception that homosexual conduct violates public morality does not justify punishment imposed on Ang Ladlad, and its members have not been deprived of their
criminalizing same-sex conduct. 41 European and United Nations judicial decisions right to voluntarily associate, then there has been no restriction on their freedom of
have ruled in favor of gay rights claimants on both privacy and equality grounds, citing expression or association. The OSG argues that:
general privacy and equal protection provisions in foreign and international texts. 42 To
the extent that there is much to learn from other jurisdictions that have reflected on the There was no utterance restricted, no publication censored, or any
issues we face here, such jurisprudence is certainly illuminating. These foreign assembly denied. [COMELEC] simply exercised its authority to
authorities, while not formally binding on Philippine courts, may nevertheless have review and verify the qualifications of petitioner as a sectoral party
persuasive influence on the Court's analysis. applying to participate in the party-list system. This lawful exercise
of duty cannot be said to be a transgression of Section 4, Article III
In the area of freedom of expression, for instance, United States courts have ruled that of the Constitution.
existing free speech doctrines protect gay and lesbian rights to expressive conduct. In
order to justify the prohibition of a particular expression of opinion, public institutions xxx xxx xxx
must show that their actions were caused by "something more than a mere desire to
avoid the discomfort and unpleasantness that always accompany an unpopular A denial of the petition for registration . . . does not deprive the
viewpoint." 43 members of the petitioner to freely take part in the conduct of
elections. Their right to vote will not be hampered by said denial. In
With respect to freedom of association for the advancement of ideas and beliefs, in fact, the right to vote is a constitutionally-guaranteed right which
Europe, with its vibrant human rights tradition, the European Court of Human Rights cannot be limited.
(ECHR) has repeatedly stated that a political party may campaign for a change in the
law or the constitutional structures of a state if it uses legal and democratic means and As to its right to be elected in a genuine periodic election, petitioner
the changes it proposes are consistent with democratic principles. The ECHR has contends that the denial of Ang Ladlad's petition has the clear and
emphasized that political ideas that challenge the existing order and whose realization immediate effect of limiting, if not outrightly nullifying the capacity of
is advocated by peaceful means must be afforded a proper opportunity of expression its members to fully and equally participate in public life through
through the exercise of the right of association, even if such ideas may seem shocking engagement in the party list elections.
or unacceptable to the authorities or the majority of the population. 44 A political group
should not be hindered solely because it seeks to publicly debate controversial political
issues in order to find solutions capable of satisfying everyone concerned. 45 Only if a This argument is puerile. The holding of a public office is not a right
political party incites violence or puts forward policies that are incompatible with but a privilege subject to limitations imposed by law. . . . 47
democracy does it fall outside the protection of the freedom of association guarantee.
46 The OSG fails to recall that petitioner has, in fact, established its qualifications to
participate in the party-list system, and as advanced by the OSG itself the moral
We do not doubt that a number of our citizens may believe that homosexual conduct is objection offered by the COMELEC was not a limitation imposed by law. To the extent,
distasteful, offensive, or even defiant. They are entitled to hold and express that view. therefore, that the petitioner has been precluded, because of COMELEC's action, from
On the other hand, LGBTs and their supporters, in all likelihood, believe with equal publicly expressing its views as a political party and participating on an equal basis in
fervor that relationships between individuals of the same sex are morally equivalent to the political process with other equally-qualified party-list candidates, we find that there
heterosexual relationships. They, too, are entitled to hold and express that view. has, indeed, been a transgression of petitioner's fundamental rights.
However, as far as this Court is concerned, our democracy precludes using the religious
or moral views of one part of the community to exclude from consideration the values of Non-Discrimination and International
other members of the community. Law
In an age that has seen international law evolve geometrically in scope and promise, (a)To take part in the conduct of public affairs, directly or through
international human rights law, in particular, has grown dynamically in its attempt to freely chosen representatives;
bring about a more just and humane world order. For individuals and groups struggling
with inadequate structural and governmental support, international human rights norms (b)To vote and to be elected at genuine periodic elections which
are particularly significant, and should be effectively enforced in domestic legal systems shall be by universal and equal suffrage and shall be held by secret
so that such norms may become actual, rather than ideal, standards of conduct. ballot, guaranteeing the free expression of the will of the electors;

Our Decision today is fully in accord with our international obligations to protect and (c)To have access, on general terms of equality, to public service in
promote human rights. In particular, we explicitly recognize the principle of non- his country.
discrimination as it relates to the right to electoral participation, enunciated in the UDHR
and the ICCPR. SIaHDA
As stated by the CHR in its Comment-in-Intervention, the scope of the right to electoral
participation is elaborated by the Human Rights Committee in its General Comment No.
The principle of non-discrimination is laid out in Article 26 of the ICCPR, as follows: 25 (Participation in Public Affairs and the Right to Vote) as follows:

Article 26 1.Article 25 of the Covenant recognizes and protects the right of


every citizen to take part in the conduct of public affairs, the right to
All persons are equal before the law and are entitled without any vote and to be elected and the right to have access to public
discrimination to the equal protection of the law. In this respect, the service. Whatever form of constitution or government is in force, the
law shall prohibit any discrimination and guarantee to all persons Covenant requires States to adopt such legislative and other
equal and effective protection against discrimination on any ground measures as may be necessary to ensure that citizens have an
such as race, colour, sex, language, religion, political or other effective opportunity to enjoy the rights it protects. Article 25 lies at
opinion, national or social origin, property, birth or other status. the core of democratic government based on the consent of the
people and in conformity with the principles of the Covenant.
In this context, the principle of non-discrimination requires that laws of general
application relating to elections be applied equally to all persons, regardless of sexual xxx xxx xxx
orientation. Although sexual orientation is not specifically enumerated as a status or
ratio for discrimination in Article 26 of the ICCPR, the ICCPR Human Rights Committee 15.The effective implementation of the right and the opportunity to
has opined that the reference to "sex" in Article 26 should be construed to include stand for elective office ensures that persons entitled to vote have a
"sexual orientation." 48 Additionally, a variety of United Nations bodies have declared free choice of candidates. Any restrictions on the right to stand for
discrimination on the basis of sexual orientation to be prohibited under various election, such as minimum age, must be justifiable on objective and
international agreements. 49 reasonable criteria. Persons who are otherwise eligible to stand for
election should not be excluded by unreasonable or discriminatory
The UDHR provides: requirements such as education, residence or descent, or by
reason of political affiliation. No person should suffer discrimination
Article 21. or disadvantage of any kind because of that person's candidacy.
States parties should indicate and explain the legislative provisions
which exclude any group or category of persons from elective
(1)Everyone has the right to take part in the government of his office. 50
country, directly or through freely chosen representatives.
We stress, however, that although this Court stands willing to assume the responsibility
Likewise, the ICCPR states: of giving effect to the Philippines' international law obligations, the blanket invocation of
international law is not the panacea for all social ills. We refer now to the petitioner's
Article 25 invocation of the Yogyakarta Principles (the Application of International Human Rights
Law In Relation to Sexual Orientation and Gender Identity), 51 which petitioner declares
Every citizen shall have the right and the opportunity, without any of to reflect binding principles of international law.
the distinctions mentioned in article 2 and without unreasonable
restrictions: At this time, we are not prepared to declare that these Yogyakarta Principles contain
norms that are obligatory on the Philippines. There are declarations and obligations
outlined in said Principles which are not reflective of the current state of international
law, and do not find basis in any of the sources of international law enumerated under Separate Opinions
Article 38 (1) of the Statute of the International Court of Justice. 52 Petitioner has not
undertaken any objective and rigorous analysis of these alleged principles of
international law to ascertain their true status. ATDHSC PUNO, C.J., concurring:

We also hasten to add that not everything that society or a certain segment of society I concur with the groundbreaking ponencia of my esteemed colleague, Mr. Justice
wants or demands is automatically a human right. This is not an arbitrary human Mariano C. del Castillo. Nonetheless, I respectfully submit this separate opinion to
intervention that may be added to or subtracted from at will. It is unfortunate that much underscore some points that I deem significant. EScIAa
of what passes for human rights today is a much broader context of needs that identifies
many social desires as rights in order to further claims that international law obliges FIRST. The assailed Resolutions of the Commission on Elections (COMELEC) run afoul
states to sanction these innovations. This has the effect of diluting real human rights, of the non-establishment clause 1 of the Constitution. There was cypher effort on the
and is a result of the notion that if "wants" are couched in "rights" language, then they part of the COMELEC to couch its reasoning in legal much less constitutional
are no longer controversial. terms, as it denied Ang Ladlad's petition for registration as a sectoral party principally on
the ground that it "tolerates immorality which offends religious (i.e., Christian 2 and
Using even the most liberal of lenses, these Yogyakarta Principles, consisting of a Muslim 3 ) beliefs." To be sure, the COMELEC's ruling is completely antithetical to the
declaration formulated by various international law professors, are at best de lege fundamental rule that "[t]he public morality expressed in the law is necessarily
ferenda and do not constitute binding obligations on the Philippines. Indeed, so much secular[,] for in our constitutional order, the religion clauses prohibit the state from
of contemporary international law is characterized by the "soft law" nomenclature, i.e., establishing a religion, including the morality it sanctions." 4 As we explained in
international law is full of principles that promote international cooperation, harmony, Estrada v. Escritor, 5 the requirement of an articulable and discernible secular purpose
and respect for human rights, most of which amount to no more than well-meaning is meant to give flesh to the constitutional policy of full religious freedom for all, viz.:
desires, without the support of either State practice or opinio juris. 53
Religion also dictates "how we ought to live" for the nature of
As a final note, we cannot help but observe that the social issues presented by this case religion is not just to know, but often, to act in accordance with
are emotionally charged, societal attitudes are in flux, even the psychiatric and religious man's "views of his relations to His Creator." But the Establishment
communities are divided in opinion. This Court's role is not to impose its own view of Clause puts a negative bar against establishment of this morality
acceptable behavior. Rather, it is to apply the Constitution and laws as best as it can, arising from one religion or the other, and implies the affirmative
uninfluenced by public opinion, and confident in the knowledge that our democracy is "establishment" of a civil order for the resolution of public moral
resilient enough to withstand vigorous debate. disputes. This agreement on a secular mechanism is the price of
ending the "war of all sects against all"; the establishment of a
secular public moral order is the social contract produced by
WHEREFORE, the Petition is hereby GRANTED. The Resolutions of the Commission religious truce.
on Elections dated November 11, 2009 and December 16, 2009 in SPP No. 09-228
(PL) are hereby SET ASIDE. The Commission on Elections is directed to GRANT
petitioner's application for party-list accreditation. Thus, when the law speaks of "immorality" in the Civil Service Law
or "immoral" in the Code of Professional Responsibility for lawyers,
or "public morals" in the Revised Penal Code, or "morals" in the
SO ORDERED. New Civil Code, or "moral character" in the Constitution, the
distinction between public and secular morality on the one hand,
Puno, C.J., Carpio, Velasco, Jr., Leonardo-de Castro, Bersamin, Villarama, Jr., and religious morality, on the other, should be kept in mind. The
Perezand Mendoza, JJ., concur. morality referred to in the law is public and necessarily secular, not
religious as the dissent of Mr. Justice Carpio holds. "Religious
Corona, J., Pls. see dissenting opinion. teachings as expressed in public debate may influence the civil
public order but public moral disputes may be resolved only on
grounds articulable in secular terms." Otherwise, if government
Carpio Morales, Nachura and Peralta, JJ., join concurring opinion of J. Abad. relies upon religious beliefs in formulating public policies and
morals, the resulting policies and morals would require conformity
Brion, J., joins dissent of J. Corona. to what some might regard as religious programs or agenda. The
non-believers would therefore be compelled to conform to a
Abad, J., I certify that J. Abad wrote a separate concurring opinion. standard of conduct buttressed by a religious belief, i.e., to a
"compelled religion;" anathema to religious freedom. Likewise, if
government based its actions upon religious beliefs, it would tacitly
approve or endorse that belief and thereby also tacitly disapprove
contrary religious or non-religious views that would not support the of personal liberty. For, the "ability to [independently] define one's identity that is
policy. As a result, government will not provide full religious central to any concept of liberty" cannot truly be exercised in a vacuum; we all depend
freedom for all its citizens, or even make it appear that those whose on the "emotional enrichment from close ties with others." 16 As Mr. Justice Blackmun
beliefs are disapproved are second-class citizens. Expansive so eloquently said in his stinging dissent in Bowers v. Hardwick 17 (overturned by the
religious freedom therefore requires that government be neutral in United States Supreme Court seventeen years later in Lawrence v. Texas): 18
matters of religion; governmental reliance upon religious
justification is inconsistent with this policy of neutrality. 6 (citations Only the most willful blindness could obscure the fact that sexual
omitted and italics supplied) intimacy is "a sensitive, key relationship of human existence,
central to family life, community welfare, and the development of
Consequently, the assailed resolutions of the COMELEC are violative of the human personality[.]"19 The fact that individuals define themselves
constitutional directive that no religious test shall be required for the exercise of in a significant way through their intimate sexual relationships with
civil or political rights. 7 Ang Ladlad's right of political participation was unduly others suggests, in a Nation as diverse as ours, that there may be
infringed when the COMELEC, swayed by the private biases and personal prejudices of many "right" ways of conducting those relationships, and that much
its constituent members, arrogated unto itself the role of a religious court or worse, a of the richness of a relationship will come from the freedom an
morality police. individual has to choose the form and nature of these intensely
personal bonds. 20 AEITDH
The COMELEC attempts to disengage itself from this "excessive entanglement" 8 with
religion by arguing that we "cannot ignore our strict religious upbringing, whether In a variety of circumstances we have recognized that a necessary
Christian or Muslim" 9 since the "moral precepts espoused by [these] religions have corollary of giving individuals freedom to choose how to conduct
slipped into society and . . . are now publicly accepted moral norms." 10 However, as their lives is acceptance of the fact that different individuals will
correctly observed by Mr. Justice del Castillo, the Philippines has not seen fit to make different choices. For example, in holding that the clearly
disparage homosexual conduct as to actually criminalize it. Indeed, even if the State important state interest in public education should give way to a
has legislated to this effect, the law is vulnerable to constitutional attack on privacy competing claim by the Amish to the effect that extended formal
grounds. 11 These alleged "generally accepted public morals" have not, in reality, schooling threatened their way of life, the Court declared: "There
crossed over from the religious to the secular sphere. can be no assumption that today's majority is 'right' and the Amish
and others like them are 'wrong.' A way of life that is odd or even
Some people may find homosexuality and bisexuality deviant, odious, and offensive. erratic but interferes with no rights or interests of others is not to be
Nevertheless, private discrimination, however unfounded, cannot be attributed or condemned because it is different." 21 The Court claims that its
ascribed to the State. Mr. Justice Kennedy, speaking for the United States (U.S.) decision today merely refuses to recognize a fundamental right to
Supreme Court in the landmark case of Lawrence v. Texas, 12 opined: engage in homosexual sodomy; what the Court really has refused
to recognize is the fundamental interest all individuals have in
controlling the nature of their intimate associations with others.
It must be acknowledged, of course, that the Court in Bowers was (italics supplied)
making the broader point that for centuries there have been
powerful voices to condemn homosexual conduct as immoral. The
condemnation has been shaped by religious beliefs, conceptions of It has been said that freedom extends beyond spatial bounds. 22 Liberty presumes an
right and acceptable behavior, and respect for the traditional family. autonomy of self that includes freedom of thought, belief, expression, and certain
For many persons these are not trivial concerns but profound and intimate conduct. 23 These matters, involving the most intimate and personal choices a
deep convictions accepted as ethical and moral principles to which person may make in a lifetime, choices central to personal dignity and autonomy, are
they aspire and which thus determine the course of their lives. central to the liberty protected by the due process clause. 24 At the heart of liberty is the
These considerations do not answer the question before us, right to define one's own concept of existence, of meaning, of the universe, and of the
however. The issue is whether the majority may use the power of mystery of human life. 25 Beliefs about these matters could not define the attributes of
the State to enforce these views on the whole society through personhood were they formed under compulsion of the State. 26 Lawrence v. Texas
operation of the . . . law. "Our obligation is to define the liberty of all, 27 is again instructive:
not to mandate our own moral code." 13
To say that the issue in Bowers was simply the right to engage in
SECOND. The COMELEC capitalized on Ang Ladlad's definition of the term "sexual certain sexual conduct demeans the claim the individual put
orientation," 14 as well as its citation of the number of Filipino men who have sex with forward, just as it would demean a married couple were it to be said
men, 15 as basis for the declaration that the party espouses and advocates sexual marriage is simply about the right to have sexual intercourse. The
immorality. This position, however, would deny homosexual and bisexual laws involved in Bowers and here are, to be sure, statutes that
individuals a fundamental element of personal identity and a legitimate exercise purport to do no more than prohibit a particular sexual act. Their
penalties and purposes, though, have more far-reaching Considering thus that labor enjoys such special and protected status under our
consequences, touching upon the most private human conduct, fundamental law, the Court ruled in favor of the Central Bank Employees Association,
sexual behavior, and in the most private of places, the home. The Inc. in this wise:
statutes do seek to control a personal relationship that, whether or
not entitled to formal recognition in the law, is within the liberty of While R.A. No. 7653 started as a valid measure well within the
persons to choose without being punished as criminals. legislature's power, we hold that the enactment of subsequent laws
exempting all rank-and-file employees of other GFIs leeched all
This, as a general rule, should counsel against attempts by the validity out of the challenged proviso. IEHTaA
State, or a court, to define the meaning of the relationship or to set
its boundaries absent injury to a person or abuse of an institution xxx xxx xxx
the law protects. It suffices for us to acknowledge that adults may
choose to enter upon this relationship in the confines of their homes
and their own private lives and still retain their dignity as free According to petitioner, the last proviso of Section 15(c), Article II of
persons. When sexuality finds overt expression in intimate conduct R.A. No. 7653 is also violative of the equal protection clause
with another person, the conduct can be but one element in a because after it was enacted, the charters of the GSIS, LBP, DBP
personal bond that is more enduring. The liberty protected by the and SSS were also amended, but the personnel of the latter GFIs
Constitution allows homosexual persons the right to make this were all exempted from the coverage of the SSL. Thus, within the
choice. (italics supplied) class of rank-and-file personnel of GFIs, the BSP rank-and-file are
also discriminated upon.
THIRD. The ponencia of Mr. Justice del Castillo refused to characterize homosexuals
and bisexuals as a class in themselves for purposes of the equal protection clause. Indeed, we take judicial notice that after the new BSP charter was
Accordingly, it struck down the assailed Resolutions using the most liberal basis of enacted in 1993, Congress also undertook the amendment of the
judicial scrutiny, the rational basis test, according to which government need only show charters of the GSIS, LBP, DBP and SSS, and three other GFIs,
that the challenged classification is rationally related to serving a legitimate state from 1995 to 2004, viz.:
interest.
xxx xxx xxx
I humbly submit, however, that a classification based on gender or sexual orientation is
a quasi-suspect classification, as to trigger a heightened level of review. It is noteworthy, as petitioner points out, that the subsequent
charters of the seven other GFIs share this common proviso: a
Preliminarily, in our jurisdiction, the standard and analysis of equal protection blanket exemption of all their employees from the coverage of the
challenges in the main have followed the rational basis test, coupled with a deferential SSL, expressly or impliedly . . .
attitude to legislative classifications and a reluctance to invalidate a law unless there is a
showing of a clear and unequivocal breach of the Constitution. 28 However, Central xxx xxx xxx
Bank Employees Association, Inc. v. Bangko Sentral ng Pilipinas, 29 carved out an
exception to this general rule, such that prejudice to persons accorded special The abovementioned subsequent enactments, however, constitute
protection by the Constitution requires stricter judicial scrutiny than mere rationality, viz.:
significant changes in circumstance that considerably alter the
reasonability of the continued operation of the last proviso of
Congress retains its wide discretion in providing for a valid Section 15(c), Article II of Republic Act No. 7653, thereby exposing
classification, and its policies should be accorded recognition and the proviso to more serious scrutiny. This time, the scrutiny relates
respect by the courts of justice except when they run afoul of the to the constitutionality of the classification albeit made indirectly
Constitution. The deference stops where the classification violates as a consequence of the passage of eight other laws between
a fundamental right, or prejudices persons accorded special the rank-and-file of the BSP and the seven other GFIs. The
protection by the Constitution. When these violations arise, this classification must not only be reasonable, but must also apply
Court must discharge its primary role as the vanguard of equally to all members of the class. The proviso may be fair on its
constitutional guaranties, and require a stricter and more exacting face and impartial in appearance but it cannot be grossly
adherence to constitutional limitations. Rational basis should not discriminatory in its operation, so as practically to make unjust
suffice. (citations omitted and italics supplied) distinctions between persons who are without differences.

Stated differently, the second level of inquiry deals with the


following questions: Given that Congress chose to exempt other
GFIs (aside the BSP) from the coverage of the SSL, can the xxx xxx xxx
exclusion of the rank-and-file employees of the BSP stand
constitutional scrutiny in the light of the fact that Congress did not Thus, the two-tier analysis made in the case at bar of the
exclude the rank-and-file employees of the other GFIs? Is challenged provision, and its conclusion of unconstitutionality by
Congress' power to classify so unbridled as to sanction unequal subsequent operation, are in cadence and in consonance with the
and discriminatory treatment, simply because the inequity progressive trend of other jurisdictions and in international law.
manifested itself, not instantly through a single overt act, but There should be no hesitation in using the equal protection clause
gradually and progressively, through seven separate acts of as a major cutting edge to eliminate every conceivable irrational
Congress? Is the right to equal protection of the law bounded in discrimination in our society. Indeed, the social justice imperatives
time and space that: (a) the right can only be invoked against a in the Constitution, coupled with the special status and protection
classification made directly and deliberately, as opposed to a afforded to labor, compel this approach.
discrimination that arises indirectly, or as a consequence of several
other acts; and (b) is the legal analysis confined to determining the
validity within the parameters of the statute or ordinance (where the Apropos the special protection afforded to labor under our
inclusion or exclusion is articulated), thereby proscribing any Constitution and international law, we held in International School
evaluation vis- -vis the grouping, or the lack thereof, among Alliance of Educators v. Quisumbing:
several similar enactments made over a period of time?
That public policy abhors inequality and discrimination is
In this second level of scrutiny, the inequality of treatment cannot beyond contention. Our Constitution and laws reflect the
be justified on the mere assertion that each exemption (granted to policy against these evils. The Constitution in the Article
the seven other GFIs) rests "on a policy determination by the on Social Justice and Human Rights exhorts Congress to
legislature." All legislative enactments necessarily rest on a policy "give highest priority to the enactment of measures that
determination even those that have been declared to contravene protect and enhance the right of all people to human
the Constitution. Verily, if this could serve as a magic wand to dignity, reduce social, economic, and political inequalities."
sustain the validity of a statute, then no due process and equal The very broad Article 19 of the Civil Code requires every
protection challenges would ever prosper. There is nothing person, "in the exercise of his rights and in the
inherently sacrosanct in a policy determination made by Congress performance of his duties, [to] act with justice, give
or by the Executive; it cannot run riot and overrun the ramparts of everyone his due, and observe honesty and good faith."
protection of the Constitution. DAEIHT

xxx xxx xxx International law, which springs from general principles of
law, likewise proscribes discrimination. General principles
of law include principles of equity, i.e., the general
In the case at bar, it is precisely the fact that as regards the principles of fairness and justice, based on the test of what
exemption from the SSL, there are no characteristics peculiar only is reasonable. The Universal Declaration of Human
to the seven GFIs or their rank-and-file so as to justify the Rights, the International Covenant on Economic, Social,
exemption which BSP rank-and-file employees were denied (not to and Cultural Rights, the International Convention on the
mention the anomaly of the SEC getting one). The distinction made Elimination of All Forms of Racial Discrimination, the
by the law is not only superficial, but also arbitrary. It is not based Convention against Discrimination in Education, the
on substantial distinctions that make real differences between the Convention (No. 111) Concerning Discrimination in
BSP rank-and-file and the seven other GFIs. Respect of Employment and Occupation all embody the
general principle against discrimination, the very antithesis
xxx xxx xxx of fairness and justice. The Philippines, through its
Constitution, has incorporated this principle as part of its
The disparity of treatment between BSP rank-and-file and the rank- national laws.
and-file of the other seven GFIs definitely bears the unmistakable
badge of invidious discrimination no one can, with candor and In the workplace, where the relations between capital and
fairness, deny the discriminatory character of the subsequent labor are often skewed in favor of capital, inequality and
blanket and total exemption of the seven other GFIs from the SSL discrimination by the employer are all the more
when such was withheld from the BSP. Alikes are being treated as reprehensible.
unalikes without any rational basis.
The Constitution specifically provides that labor is entitled Under most circumstances, the Court will exercise judicial restraint
to "humane conditions of work." These conditions are not in deciding questions of constitutionality, recognizing the broad
restricted to the physical workplace the factory, the discretion given to Congress in exercising its legislative power.
office or the field but include as well the manner by Judicial scrutiny would be based on the "rational basis" test, and
which employers treat their employees. the legislative discretion would be given deferential treatment.

The Constitution also directs the State to promote But if the challenge to the statute is premised on the denial of a
"equality of employment opportunities for all." Similarly, the fundamental right, or the perpetuation of prejudice against persons
Labor Code provides that the State shall "ensure equal favored by the Constitution with special protection, judicial scrutiny
work opportunities regardless of sex, race or creed." It ought to be more strict. A weak and watered down view would call
would be an affront to both the spirit and letter of these for the abdication of this Court's solemn duty to strike down any law
provisions if the State, in spite of its primordial obligation repugnant to the Constitution and the rights it enshrines. This is
to promote and ensure equal employment opportunities, true whether the actor committing the unconstitutional act is a
closes its eyes to unequal and discriminatory terms and private person or the government itself or one of its
conditions of employment. instrumentalities. Oppressive acts will be struck down regardless of
the character or nature of the actor.
xxx xxx xxx
In the case at bar, the challenged proviso operates on the basis of
Notably, the International Covenant on Economic, Social, the salary grade or officer-employee status. It is akin to a distinction
and Cultural Rights, in Article 7 thereof, provides: based on economic class and status, with the higher grades as
recipients of a benefit specifically withheld from the lower grades.
Officers of the BSP now receive higher compensation packages
The States Parties to the present Covenant that are competitive with the industry, while the poorer, low-salaried
recognize the right of everyone to the enjoyment employees are limited to the rates prescribed by the SSL. The
of just and [favorable] conditions of work, which implications are quite disturbing: BSP rank-and-file employees are
ensure, in particular: paid the strictly regimented rates of the SSL while employees
higher in rank possessing higher and better education and
a.Remuneration which provides all opportunities for career advancement are given higher
workers, as a minimum, with: compensation packages to entice them to stay. Considering that
majority, if not all, the rank-and-file employees consist of people
i.Fair wages and equal whose status and rank in life are less and limited, especially in
remuneration for work of equal terms of job marketability, it is they and not the officers who
value without distinction of any have the real economic and financial need for the adjustment. This
kind, in particular women being is in accord with the policy of the Constitution "to free the people
guaranteed conditions of work from poverty, provide adequate social services, extend to them a
not inferior to those enjoyed by decent standard of living, and improve the quality of life for all." Any
men, with equal pay for equal act of Congress that runs counter to this constitutional desideratum
work; deserves strict scrutiny by this Court before it can pass muster.
(citations omitted and italics supplied)

xxx xxx xxx


Corollarily, American case law provides that a state action questioned on equal
protection grounds is subject to one of three levels of judicial scrutiny. The level of
The foregoing provisions impregnably institutionalize in review, on a sliding scale basis, varies with the type of classification utilized and the
this jurisdiction the long honored legal truism of "equal pay nature of the right affected. 30 ATaDHC
for equal work." Persons who work with substantially equal
qualifications, skill, effort and responsibility, under similar
conditions, should be paid similar salaries. If a legislative classification disadvantages a "suspect class" or impinges upon the
exercise of a "fundamental right," then the courts will employ strict scrutiny and the
statute must fall unless the government can demonstrate that the classification has
xxx xxx xxx been precisely tailored to serve a compelling governmental interest. 31 Over the years,
the United States Supreme Court has determined that suspect classes for equal
protection purposes include classifications based on race, religion, alienage, national analysis and could be considered as prerequisites to concluding a group is a suspect or
origin, and ancestry. 32 The underlying rationale of this theory is that where legislation quasi-suspect class. 50 However, the last two factors immutability of the
affects discrete and insular minorities, the presumption of constitutionality fades characteristic and political powerlessness of the group are considered simply to
because traditional political processes may have broken down. 33 In such a case, the supplement the analysis as a means to discern whether a need for heightened scrutiny
State bears a heavy burden of justification, and the government action will be closely exists. 51
scrutinized in light of its asserted purpose. 34
Guided by this framework, and considering further that classifications based on sex or
On the other hand, if the classification, while not facially invidious, nonetheless gives gender albeit on a male/female, man/woman basis have been previously held to
rise to recurring constitutional difficulties, or if a classification disadvantages a "quasi- trigger heightened scrutiny, I respectfully submit that classification on the basis of
suspect class," it will be treated under intermediate or heightened review. 35 To survive sexual orientation (i.e., homosexuality and/or bisexuality) is a quasi-suspect
intermediate scrutiny, the law must not only further an important governmental interest classification that prompts intermediate review.
and be substantially related to that interest, but the justification for the classification
must be genuine and must not depend on broad generalizations. 36 Noteworthy, and of The first consideration is whether homosexuals have suffered a history of purposeful
special interest to us in this case, quasi-suspect classes include classifications unequal treatment because of their sexual orientation. 52 One cannot, in good faith,
based on gender or illegitimacy. 37 dispute that gay and lesbian persons historically have been, and continue to be, the
target of purposeful and pernicious discrimination due solely to their sexual orientation.
If neither strict nor intermediate scrutiny is appropriate, then the statute will be tested for 53 Paragraphs 6 and 7 of Ang Ladlad's Petition for Registration for party-list
mere rationality. 38 This is a relatively relaxed standard reflecting the Court's awareness accreditation in fact state: TaCDIc
that the drawing of lines which creates distinctions is peculiarly a legislative task and an
unavoidable one. 39 The presumption is in favor of the classification, of the 6.There have been documented cases of discrimination and
reasonableness and fairness of state action, and of legitimate grounds of distinction, if violence perpetuated against the LGBT Community, among which
any such grounds exist, on which the State acted. 40 are:

Instead of adopting a rigid formula to determine whether certain legislative (a)Effeminate or gay youths being beaten up by their
classifications warrant more demanding constitutional analysis, the United States parents and/or guardians to make them conform
Supreme Court has looked to four factors, 41 thus: to standard gender norms of behavior;

(1)The history of invidious discrimination against the class (b)Fathers and/or guardians who allow their daughters
burdened by the legislation; 42 who are butch lesbians to be raped[, so as] to
"cure" them into becoming straight women;
(2)Whether the characteristics that distinguish the class indicate a
typical class member's ability to contribute to society; 43 (c)Effeminate gays and butch lesbians are kicked out of
school, NGOs, and choirs because of their
(3)Whether the distinguishing characteristic is "immutable" or identity;
beyond the class members' control; 44 and
(d)Effeminate youths and masculine young women are
(4)The political power of the subject class. 45 refused admission from (sic) certain schools, are
suspended or are automatically put on probation;
These factors, it must be emphasized, are not constitutive essential elements of a
suspect or quasi-suspect class, as to individually demand a certain weight. 46 The U.S. (e)Denial of jobs, promotions, trainings and other work
Supreme Court has applied the four factors in a flexible manner; it has neither required, benefits once one's sexual orientation and
nor even discussed, every factor in every case. 47 Indeed, no single talisman can gender identity is (sic) revealed;
define those groups likely to be the target of classifications offensive to the equal
protection clause and therefore warranting heightened or strict scrutiny; experience, not (f)Consensual partnerships or relationships by gays and
abstract logic, must be the primary guide. 48 lesbians who are already of age, are broken up
by their parents or guardians using the [A]nti-
In any event, the first two factors history of intentional discrimination and relationship kidnapping [L]aw;
of classifying characteristic to a person's ability to contribute have always been
present when heightened scrutiny has been applied. 49 They have been critical to the
(g)Pray-overs, exorcisms, and other religious cures are Unlike the characteristics unique to those groups, however,
performed on gays and lesbians to "reform" them; "homosexuality bears no relation at all to [an] individual's ability to
contribute fully to society." 59 Indeed, because an individual's
(h)Young gays and lesbians are forcibly subjected to homosexual orientation "implies no impairment in judgment,
psychiatric counseling and therapy to cure stability, reliability or general social or vocational capabilities"; 60
them[,] despite the de-listing (sic) of the observation of the United States Supreme Court that race,
homosexuality and lesbianism as a mental alienage and national origin all suspect classes entitled to the
disorder by the American Psychiatric Association; highest level of constitutional protection "are so seldom relevant
to the achievement of any legitimate state interest that laws
grounded in such considerations are deemed to reflect prejudice
(i)Transgenders, or individuals who were born mail but and antipathy" 61 is no less applicable to gay persons. (italics
who self-identity as women and dress as such, supplied)
are denied entry or services in certain restaurants
and establishments; and
Clearly, homosexual orientation is no more relevant to a person's ability to perform and
contribute to society than is heterosexual orientation. 62 DECSIT
(j)Several murders from the years 2003-3006 were
committed against gay men, but were not
acknowledged by police as hate crimes or violent A third factor that courts have considered in determining whether the members of a
acts of bigotry. class are entitled to heightened protection for equal protection purposes is whether the
attribute or characteristic that distinguishes them is immutable or otherwise beyond their
control. 63 Of course, the characteristic that distinguishes gay persons from others and
7.In the recent May 2009 US asylum case of Philip Belarmino, he qualifies them for recognition as a distinct and discrete group is the characteristic that
testified that as a young gay person in the Philippines, he was historically has resulted in their social and legal ostracism, namely, their attraction to
subjected to a variety of sexual abuse and violence, including persons of the same sex. 64
repeated rapes[,] which he could not report to [the] police [or speak
of] to his own parents.
Immutability is a factor in determining the appropriate level of scrutiny because the
inability of a person to change a characteristic that is used to justify different treatment
Accordingly, this history of discrimination suggests that any legislative burden placed on makes the discrimination violative of the rather "'basic concept of our system that legal
lesbian and gay people as a class is "more likely than others to reflect deep-seated burdens should bear some relationship to individual responsibility.'" 65 However, the
prejudice rather than legislative rationality in pursuit of some legitimate objective." 54 constitutional relevance of the immutability factor is not reserved to those instances in
which the trait defining the burdened class is absolutely impossible to change. 66 That
A second relevant consideration is whether the character-in-issue is related to the is, the immutability prong of the suspectness inquiry surely is satisfied when the
person's ability to contribute to society. 55 Heightened scrutiny is applied when the identifying trait is "so central to a person's identity that it would be abhorrent for
classification bears no relationship to this ability; the existence of this factor indicates government to penalize a person for refusing to change [it]." 67
the classification is likely based on irrelevant stereotypes and prejudice. 56 Insofar as
sexual orientation is concerned, it is gainful to repair to Kerrigan v. Commissioner of Prescinding from these premises, it is not appropriate to require a person to repudiate
Public Health, 57 viz.: or change his or her sexual orientation in order to avoid discriminatory treatment,
because a person's sexual orientation is so integral an aspect of one's identity. 68
The defendants also concede that sexual orientation bears no Consequently, because sexual orientation "may be altered [if at all] only at the expense
relation to a person's ability to participate in or contribute to society, of significant damage to the individual's sense of self," classifications based thereon
a fact that many courts have acknowledged, as well. . . . If "are no less entitled to consideration as a suspect or quasi-suspect class than any other
homosexuals were afflicted with some sort of impediment to their group that has been deemed to exhibit an immutable characteristic." 69 Stated
ability to perform and to contribute to society, the entire differently, sexual orientation is not the type of human trait that allows courts to relax
phenomenon of 'staying in the [c]loset' and of 'coming out' would their standard of review because the barrier is temporary or susceptible to self-help. 70
not exist; their impediment would betray their status. . . . In this
critical respect, gay persons stand in stark contrast to other groups The final factor that bears consideration is whether the group is "a minority or politically
that have been denied suspect or quasi-suspect class recognition, powerless." 71 However, the political powerlessness factor of the level-of-scrutiny
despite a history of discrimination, because the distinguishing inquiry does not require a showing of absolute political powerlessness. 72 Rather, the
characteristics of those groups adversely affect their ability or touchstone of the analysis should be "whether the group lacks sufficient political
capacity to perform certain functions or to discharge certain strength to bring a prompt end to the prejudice and discrimination through traditional
responsibilities in society. 58 political means." 73
Applying this standard, it would not be difficult to conclude that gay persons are entitled and underrepresented sector under the party-list system. Finding that petitioner is not a
to heightened constitutional protection despite some recent political progress. 74 The marginalized sector under RA 7941, the Commission on Elections denied its petition.
discrimination that they have suffered has been so pervasive and severe even
though their sexual orientation has no bearing at all on their ability to contribute to or A SYSTEM FOR MARGINALIZED
perform in society that it is highly unlikely that legislative enactments alone will AND UNDERREPRESENTED SECTORS
suffice to eliminate that discrimination. 75 Furthermore, insofar as the LGBT community
plays a role in the political process, it is apparent that their numbers reflect their status
as a small and insular minority. 76 The party-list system is an innovation of the 1987 Constitution. It is essentially a tool for
the advancement of social justice with the fundamental purpose of affording opportunity
to marginalized and underrepresented sectors to participate in the shaping of public
It is therefore respectfully submitted that any state action singling lesbians, gays, policy and the crafting of national laws. It is premised on the proposition that the
bisexuals and trans-genders out for disparate treatment is subject to heightened judicial advancement of the interests of the marginalized sectors contributes to the
scrutiny to ensure that it is not the product of historical prejudice and stereotyping. 77 advancement of the common good and of our nation's democratic ideals.

In this case, the assailed Resolutions of the COMELEC unmistakably fail the But who are the marginalized and underrepresented sectors for whom the party-list
intermediate level of review. Regrettably, they betray no more than bigotry and system was designed?
intolerance; they raise the inevitable inference that the disadvantage imposed is born of
animosity toward the class of persons affected 78 (that is, lesbian, gay, bisexual and
trans-gendered individuals). In our constitutional system, status-based classification THE TEXTS OF THE CONSTITUTION
undertaken for its own sake cannot survive. 79 AND OF RA 1 7941

FOURTH. It has been suggested that the LGBT community cannot participate in the The resolution of a constitutional issue primarily requires that the text of the
party-list system because it is not a "marginalized and underrepresented sector" fundamental law be consulted. Section 5 (2), Article VI of the Constitution directs the
enumerated either in the Constitution 80 or Republic Act No. (RA) 7941. 81 However, course of our present inquiry. It provides:
this position is belied by our ruling in Ang Bagong Bayani-OFW Labor Party v.
COMELEC, 82 where we clearly held that the enumeration of marginalized and SEC. 5.. . .
underrepresented sectors in RA 7941 is not exclusive.
(2)The party-list representatives shall constitute twenty per centum
I likewise see no logical or factual obstacle to classifying the members of the LGBT of the total number of Representatives including those under the
community as marginalized and underrepresented, considering their long history (and party-list. For three consecutive terms after the ratification of this
indeed, ongoing narrative) of persecution, discrimination, and pathos. In my humble Constitution, one-half of the seats allocated to party-list
view, marginalization for purposes of party-list representation encompasses representatives shall be filled, as provided by law, by selection or
social marginalization as well. To hold otherwise is tantamount to trivializing socially election from the labor, peasant, urban poor, indigenous
marginalized groups as "mere passive recipients of the State's benevolence" and cultural communities, women, youth, and such other sectors
denying them the right to "participate directly [in the mainstream of representative as may be provided by law, except the religious sector.
democracy] in the enactment of laws designed to benefit them." 83 The party-list system (emphasis supplied)
could not have been conceptualized to perpetuate this injustice.
The Constitution left the matter of determining the groups or sectors that may qualify as
Accordingly, I vote to grant the petition. "marginalized" to the hands of Congress. Pursuant to this constitutional mandate, RA
7941 or the Party-List System Act was enacted in 1995. The law provides:
CORONA, J., dissenting:
Section 2.Declaration of policy. The State shall promote
Stripped of the complicated and contentious issues of morality and religion, I believe the proportional representation in the election of representatives to
basic issue here is simple: does petitioner Ang Ladlad LGBT Party qualify, under the the House of Representatives through a party-list system of
terms of the Constitution and RA 7941, as a marginalized and underrepresented sector registered national, regional and sectoral parties or organizations or
in the party-list system? IaHCAD coalitions thereof, which will enable Filipino citizens belonging to
marginalized and under-represented sectors, organizations
and parties, and who lack well-defined political constituencies
The relevant facts are likewise relatively uncomplicated. Petitioner seeks accreditation but who could contribute to the formulation and enactment of
by the respondent Commission on Elections as a political organization of a marginalized appropriate legislation that will benefit the nation as a whole,
to become members of the House of Representatives. Towards this
end, the State shall develop and guarantee a full, free and open (5)It violates or fails to comply with laws, rules or
party system in order to attain the broadest possible representation regulations relating to elections;
of party, sectoral or group interests in the House of Representatives
by enhancing their chances to compete for and win seats in the (6)It declares untruthful statements in its petition;
legislature, and shall provide the simplest scheme possible.
(7)It has ceased to exist for at least one (1) year; or
xxx xxx xxx
(8)It fails to participate in the last two (2) preceding
Section 5.Registration. Any organized group of persons may elections or fails to obtain at least two per centum (2%) of
register as a party, organization or coalition for purposes of the the votes cast under the party-list system in the two (2)
party-list system by filing with the COMELEC not later than ninety preceding elections for the constituency in which it has
(90) days before the election a petition verified by its president or registered. (emphasis supplied)
secretary stating its desire to participate in the party-list system as
a national, regional or sectoral party or organization or a coalition of
such parties or organizations, attaching thereto its constitution, by- THE COURT'S PREVIOUS PRONOUNCEMENTS
laws, platform or program of government, list of officers, coalition
agreement and other relevant information as the COMELEC may As the oracle of the Constitution, this Court divined the intent of the party-list system
require: Provided, That the sectors shall include labor, peasant, and defined its meaning in Ang Bagong Bayani-OFW Labor Party v. Commission on
fisherfolk, urban poor, indigenous cultural communities, Elections: 2
elderly, handicapped, women, youth, veterans, overseas
workers, and professionals. That political parties may participate in the party-list elections
does not mean, however, that any political party or any
The COMELEC shall publish the petition in at least two (2) national organization or group for that matter may do so. The
newspapers of general circulation. requisite character of these parties or organizations must be
consistent with the purpose of the party-list system, as laid
The COMELEC shall, after due notice and hearing, resolve the down in the Constitution and RA 7941. . . .
petition within fifteen (15) days from the date it was submitted for
decision but in no case not later than sixty (60) days before The Marginalized and Underrepresented to Become Lawmakers
election. Themselves

Section 6.Refusal and/or Cancellation of Registration. The [Section 2 of RA 7941] mandates a state policy of promoting
COMELEC may, motu propio or upon verified complaint of any proportional representation by means of the Filipino-style party-list
interested party, refuse or cancel, after due notice and hearing, the system, which will "enable" the election to the House of
registration of any national, regional or sectoral party, organization Representatives of Filipino citizens,
or coalition on any of the following grounds:
1.who belong to marginalized and underrepresented
(1)It is a religious sect or denomination, organization or sectors, organizations and parties; and
association, organized for religious purposes;
2.who lack well-defined constituencies; but
(2)It advocates violence or unlawful means to seek its
goal; 3.who could contribute to the formulation and enactment
of appropriate legislation that will benefit the
(3)It is a foreign party or organization; AcSHCD nation as a whole.

(4)It is receiving support from any foreign government, The key words in this policy are "proportional representation,"
foreign political party, foundation, organization, whether "marginalized and underrepresented," and "lack [of] well-defined
directly or through any of its officers or members or constituencies."
indirectly through third parties for partisan election
purposes;
"Proportional representation" here does not refer to the number of national, regional or sectoral party or organization or a
people in a particular district, because the party-list election is coalition of such parties or organizations, attaching thereto
national in scope. Neither does it allude to numerical strength in a its constitution, by-laws, platform or program of
distressed or oppressed group. Rather, it refers to the government, list of officers, coalition agreement and other
representation of the "marginalized and underrepresented" as relevant information as the COMELEC may require:
exemplified by the enumeration in Section 5 of the law; Provided, that the sector shall include labor, peasant,
namely, "labor, peasant, fisherfolk, urban poor, indigenous fisherfolk, urban poor, indigenous cultural communities,
cultural communities, elderly, handicapped, women, youth, elderly, handicapped, women, youth, veterans, overseas
veterans, overseas workers, and professionals." workers, and professionals."

However, it is not enough for the candidate to claim representation While the enumeration of marginalized and underrepresented
of the marginalized and underrepresented, because representation sectors is not exclusive, it demonstrates the clear intent of the
is easy to claim and to feign. The party-list organization or party law that not all sectors can be represented under the party-list
must factually and truly represent the marginalized and system. It is a fundamental principle of statutory construction that
underrepresented constituencies mentioned in Section 5. words employed in a statute are interpreted in connection with, and
Concurrently, the persons nominated by the party-list candidate- their meaning is ascertained by reference to, the words and the
organization must be "Filipino citizens belonging to marginalized phrases with which they are associated or related. Thus, the
and underrepresented sectors, organizations and parties." meaning of a term in a statute may be limited, qualified or
specialized by those in immediate association.
Finally, "lack of well-defined constituenc[y]" refers to the absence of
a traditionally identifiable electoral group, like voters of a xxx xxx xxx
congressional district or territorial unit of government. Rather, it
points again to those with disparate interests identified with the Indeed, the law crafted to address the peculiar disadvantages of
"marginalized or underrepresented." Payatas hovel dwellers cannot be appropriated by the mansion
owners of Forbes Park. The interests of these two sectors are
In the end, the role of the Comelec is to see to it that only manifestly disparate; hence, the OSG's position to treat them
those Filipinos who are "marginalized and underrepresented" similarly defies reason and common sense. In contrast, and with
become members of Congress under the party-list system, admirable candor, Atty. Lorna Patajo-Kapunan admitted during the
Filipino-style. ECTHIA Oral Argument that a group of bankers, industrialists and sugar
planters could not join the party-list system as representatives of
The intent of the Constitution is clear: to give genuine power to the their respective sectors.
people, not only by giving more law to those who have less in life,
but more so by enabling them to become veritable lawmakers While the business moguls and the mega-rich are, numerically
themselves. Consistent with this intent, the policy of the speaking, a tiny minority, they are neither marginalized nor
implementing law, we repeat, is likewise clear: "to enable Filipino underrepresented, for the stark reality is that their economic clout
citizens belonging to marginalized and underrepresented sectors, engenders political power more awesome than their numerical
organizations and parties, . . ., to become members of the House of limitation. Traditionally, political power does not necessarily
Representatives." Where the language of the law is clear, it must emanate from the size of one's constituency; indeed, it is likely to
be applied according to its express terms. arise more directly from the number and amount of one's bank
accounts.
The marginalized and underrepresented sectors to be
represented under the party-list system are enumerated in It is ironic, therefore, that the marginalized and underrepresented in
Section 5 of RA 7941, which states: our midst are the majority who wallow in poverty, destitution and
infirmity. It was for them that the party-list system was enacted to
"SEC. 5.Registration. Any organized group of persons give them not only genuine hope, but genuine power; to give them
may register as a party, organization or coalition for the opportunity to be elected and to represent the specific concerns
purposes of the party-list system by filing with the of their constituencies; and simply to give them a direct voice in
COMELEC not later than ninety (90) days before the Congress and in the larger affairs of the State. In its noblest sense,
election a petition verified by its president or secretary the party-list system truly empowers the masses and ushers a new
stating its desire to participate in the party-list system as a hope for genuine change. Verily, it invites those marginalized
and underrepresented in the past the farm hands, the fisher women to opportunities that will enhance their welfare and enable
folk, the urban poor, even those in the underground movement them to realize their full potential in the service of the nation; the
to come out and participate, as indeed many of them came out right of labor to participate in policy and decision-making processes
and participated during the last elections. The State cannot now affecting their rights and benefits in keeping with its role as a
disappoint and frustrate them by disabling and desecrating this primary social economic force; the right of teachers to professional
social justice vehicle. advancement; the rights of indigenous cultural communities to the
consideration of their cultures, traditions and institutions in the
xxx xxx xxx formulation of national plans and policies, and the indispensable
role of the private sector in the national economy. DIECTc
Verily, allowing the non-marginalized and overrepresented to
vie for the remaining seats under the party-list system would As such, the interests of marginalized sectors are by tradition and history vital to
not only dilute, but also prejudice the chance of the national interest and therefore beneficial to the nation as a whole because the
marginalized and underrepresented, contrary to the intention of Constitution declares a national policy recognizing the role of these sectors in the
the law to enhance it. The party-list system is a tool for the benefit nation's life. In other words, the concept of marginalized and underrepresented sectors
of the underprivileged; the law could not have given the same tool under the party-list scheme has been carefully refined by concrete examples involving
to others, to the prejudice of the intended beneficiaries. sectors deemed to be significant in our legal tradition. They are essentially sectors with
a constitutional bond, that is, specific sectors subject of specific provisions in the
Constitution, namely, labor, 5 peasant, 6 urban poor, 7 indigenous cultural communities,
This Court, therefore, cannot allow the party-list system to be 8 women, 9 youth, 10 veterans, 11 fisherfolk, 12 elderly, 13 handicapped, 14 overseas
sullied and prostituted by those who are neither marginalized workers 15 and professionals. 16
nor underrepresented. It cannot let that flicker of hope be snuffed
out. The clear state policy must permeate every discussion of the
qualification of political parties and other organizations under the The premise is that the advancement of the interests of these important yet traditionally
party-list system. (emphasis and underscoring supplied) and historically marginalized sectors promotes the national interest. The Filipino people
as a whole are benefited by the empowerment of these sectors.
Hence, in Ang Bagong Bayani-OFW Labor Party, the Court stressed that the party-list
system is reserved only for those sectors marginalized and underrepresented in the The long-muffled voices of marginalized sectors must be heard because their respective
past (e.g., labor, peasant, fisherfolk, urban poor, indigenous cultural communities, interests are intimately and indispensably woven into the fabric of the national
elderly, handicapped, women, youth, veterans, overseas workers, professionals and democratic agenda. The social, economic and political aspects of discrimination and
even those in the underground movement who wish to come out and participate). They marginalization should not be divorced from the role of a particular sector or group in
are those sectors traditionally and historically marginalized and deprived of an the advancement of the collective goals of Philippine society as a whole. In other words,
opportunity to participate in the formulation of national policy although their sectoral marginalized sectors should be given a say in governance through the party-list system,
interests are also traditionally and historically regarded as vital to the national not simply because they desire to say something constructive but because they deserve
interest. That is why Section 2 of RA 7941 speaks of "marginalized and under- to be heard on account of their traditionally and historically decisive role in Philippine
represented sectors, organizations and parties, and who lack well-defined political society.
constituencies but who could contribute to the formulation and enactment of appropriate
legislation that will benefit the nation as a whole." A UNIFYING THREAD

How should the matter of whether a particular sectoral interest is vital to national Fidelity to the Constitution requires commitment to its text. Thus, in the exercise of its
interest (and therefore beneficial to the nation as a whole) be determined? Chief Justice function as official interpreter of the Constitution, the Court should always bear in mind
Reynato S. Puno's opinion 3 in Barangay Association for National Advancement and that judicial prudence means that it is safer to construe the Constitution from what
Transparency (BANAT) v. Commission on Elections 4 offers valuable insight: appears upon its face. 17

. . . Similarly, limiting the party-list system to the marginalized and With regard to the matter of what qualifies as marginalized and underrepresented
excluding the major political parties from participating in the election sectors under the party-list system, Section 5 (2), Article VI of the Constitution mentions
of their representatives is aligned with the constitutional mandate to "the labor, peasant, urban poor, indigenous cultural communities, women, youth, and
"reduce social, economic, and political inequalities, and remove such other sectors as may be provided by law, except the religious sector." On the other
cultural inequalities by equitably diffusing wealth and political power hand, the law speaks of "labor, peasant, fisherfolk, urban poor, indigenous cultural
for the common good"; the right of the people and their communities, elderly, handicapped, women, youth, veterans, overseas workers, and
organizations to effective and reasonable participation at all levels professionals." 18
of social, political, and economic decision-making; the right of
Surely, the enumeration of sectors considered as marginalized and underrepresented in The marginalized and underrepresented sectors to be
the fundamental law and in the implementing law (RA 7941) cannot be without represented under the party-list system are enumerated in
significance. To ignore them is to disregard the texts of the Constitution and of RA 7941. Section 5 of RA 7941, which states:
For, indeed, the very first of Ang Bagong Bayani-OFW Labor Party's eight guidelines for
screening party-list participants is this: the parties, sectors or organizations "must "SEC. 5.Registration. Any organized group of persons
represent the marginalized and underrepresented groups identified in Section 5 of RA may register as a party, organization or coalition for
7941." 19 purposes of the party-list system by filing with the
COMELEC not later than ninety (90) days before the
For this reason, I submit the majority's decision is cryptic and wanting when it makes election a petition verified by its president or secretary
short shrift of the issue of whether petitioner is a marginalized and underrepresented stating its desire to participate in the party-list system as a
sector in the following manner: national, regional or sectoral party or organization or a
coalition of such parties or organizations, attaching thereto
The crucial element is not whether a sector is specifically its constitution, by-laws, platform or program of
enumerated, but whether a particular organization complies with government, list of officers, coalition agreement and other
the requirements of the Constitution and RA 7941. relevant information as the COMELEC may require:
Provided, that the sector shall include labor, peasant,
fisherfolk, urban poor, indigenous cultural communities,
The resolution of petitions for accreditation in the party-list system on a case-to-case elderly, handicapped, women, youth, veterans, overseas
basis not tethered to the enumeration of the Constitution and of RA 7941 invites the workers, and professionals." cITaCS
exercise of unbridled discretion. Unless firmly anchored on the fundamental law and the
implementing statute, the party-list system will be a ship floating aimlessly in the ocean
of uncertainty, easily tossed by sudden waves of flux and tipped by shifting winds of While the enumeration of marginalized and underrepresented
change in societal attitudes towards certain groups. Surely, the Constitution and RA sectors is not exclusive, it demonstrates the clear intent of the
7941 did not envision such kind of a system. law that not all sectors can be represented under the party-list
system. It is a fundamental principle of statutory construction that
words employed in a statute are interpreted in connection with, and
Indeed, the significance of the enumeration in Section 5 (2), Article VI of the their meaning is ascertained by reference to, the words and the
Constitution and Section 5 of RA 7941 is clearly explained in Ang Bagong Bayani-OFW phrases with which they are associated or related. Thus, the
Labor Party: meaning of a term in a statute may be limited, qualified or
specialized by those in immediate association. 20 (emphasis
"Proportional representation" here does not refer to the number of and underscoring supplied)
people in a particular district, because the party-list election is
national in scope. Neither does it allude to numerical strength in a More importantly, in defining the concept of a "sectoral party," Section 3 (d) of RA 7941
distressed or oppressed group. Rather, it refers to the limits "marginalized and underrepresented sectors" and expressly refers to the list in
representation of the "marginalized and underrepresented" as Section 5 thereof:
exemplified by the enumeration in Section 5 of the law;
namely, "labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, elderly, handicapped, women, youth, Section 3.Definition of Terms. . . .
veterans, overseas workers, and professionals."
(d)A sectoral party refers to an organized group of citizens
However, it is not enough for the candidate to claim representation belonging to any of the sectors enumerated in Section 5
of the marginalized and underrepresented, because representation hereof whose principal advocacy pertains to the special interest
is easy to claim and to feign. The party-list organization or party and concerns of their sector, . . . . (emphasis supplied)
must factually and truly represent the marginalized and
underrepresented constituencies mentioned in Section 5. Petitioner does not question the constitutionality of Sections 2, 3 (d) and 5 of RA 7941.
Concurrently, the persons nominated by the party-list candidate- (Its charges of violation of non-establishment of religion, equal protection, free speech
organization must be "Filipino citizens belonging to marginalized and free association are all leveled at the assailed resolutions of the Commission on
and underrepresented sectors, organizations and parties." Elections.) Thus, petitioner admits and accepts that its case must rise or fall based on
the aforementioned provisions of RA 7941.
xxx xxx xxx
Following the texts of the Constitution and of RA 7941, and in accordance with (d)while lacking in well-defined political constituencies, they must
established rules of statutory construction and the Court's pronouncement in Ang have regional or national presence to ensure that their
Bagong Bayani-OFW Labor Party, the meaning of "marginalized sectors" under the interests and agenda will be beneficial not only to their
party list system is limited and qualified. Hence, other sectors that may qualify as respective sectors but, more importantly, to the nation as a
marginalized and underrepresented should have a close connection to the sectors whole.
mentioned in the Constitution and in the law. In other words, the marginalized and
underrepresented sectors qualified to participate in the party-list system refer only to the FOR PURPOSES OF THE PARTY-LIST SYSTEM,
labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, PETITIONER IS NOT A MARGINALIZED SECTOR
handicapped, women, youth, veterans, overseas workers, professionals and other
related or similar sectors.
In this case, petitioner asserts that it is entitled to accreditation as a marginalized and
underrepresented sector under the party-list system. However, the Commission on
This interpretation is faithful to and deeply rooted in the language of the fundamental Elections disagrees.
law and of its implementing statute. It is coherent with the mandate of the Constitution
that marginalized sectors qualified to participate in the party-list system but not
mentioned in Section 5 (2), Article VI are "such other sectors as may be provided by The majority reverses the Commission on Elections. While it focuses on the contentious
law" duly enacted by Congress. It is also consistent with the basic canon of statutory issues of morality, religion, equal protection, and freedom of expression and
construction, ejusdem generis, which requires that a general word or phrase that follows association, by granting the petition, the majority effectively rules that petitioner is a
an enumeration of particular and specific words of the same class, the general word or qualified marginalized and underrepresented sector, thereby allowing its accreditation
phrase should be construed to include, or to be restricted to persons, things or cases, and participation in the party-list system.
akin to, resembling, or of the same kind or class as those specifically mentioned. 21
Moreover, it reins in the subjective elements of passion and prejudice that accompany I disagree. cTECIA
discussions of issues with moral or religious implications as it avoids the need for
complex balancing and undue policy-making. Even assuming that petitioner was able to show that the community of lesbians, gays,
bisexuals and transsexuals (LGBT) is underrepresented, it cannot be properly
What is the unifying thread that runs through the marginalized and underrepresented considered as marginalized under the party-list system. First, petitioner is not included
sectors under the party-list system? What are the family resemblances that would in the sectors mentioned in Section 5 (2), Article VI of the Constitution and Section 5 of
characterize them? 22 RA 7941. Unless an overly strained interpretation is resorted to, the LGBT sector cannot
establish a close connection to any of the said sectors. Indeed, petitioner does not even
Based on the language of the Constitution and of RA 7941 and considering the try to show its link to any of the said sectors. Rather, it represents itself as an altogether
pronouncements of this Court in Ang Bagong Bayani-OFW Labor Party and BANAT, the distinct sector with its own peculiar interests and agenda.
following factors are significant:
Second, petitioner's interest as a sector, which is basically the legal recognition of its
(a)they must be among, or closely connected with or similar to, the members' sexual orientation as a right, cannot be reasonably considered as an interest
sectors mentioned in Section 5 of RA 7941; that is traditionally and historically considered as vital to national interest. At best,
petitioner may cite an emergent awareness of the implications of sexual orientation on
the national human rights agenda. However, an emergent awareness is but a
(b)they must be sectors whose interests are traditionally and confirmation of lack of traditional and historical recognition. 24 Moreover, even the
historically regarded as vital to the national interest but majority admits that there is no "clear cut consensus favorable to gay rights claims." 25
they have long been relegated to the fringes of society and
deprived of an opportunity to participate in the formulation
of national policy; Third, petitioner is cut off from the common constitutional thread that runs through the
marginalized and underrepresented sectors under the party-list system. It lacks the
vinculum, a constitutional bond, a provision in the fundamental law that specifically
(c)the vinculum that will establish the close connection with or recognizes the LGBT sector as specially significant to the national interest. This
similarity of sectors to those expressly mentioned in standard, implied in BANAT, is required to create the necessary link of a particular
Section 5 of RA 7941 is a constitutional provision sector to those sectors expressly mentioned in Section 5 (2), Article VI of the
specifically recognizing the special significance of the said Constitution and Section 5 of RA 7941.
sectors (other than people's organizations, unless such
people's organizations represent sectors mentioned in
Section 5 of RA 7941) 23 to the advancement of the Finally, considering our history and tradition as a people, to consider the promotion of
national interest; and the LGBT agenda and "gay rights" as a national policy as beneficial to the nation as a
whole is debatable at best. Even the majority (aside from extensively invoking foreign While bigotry, social stereotyping and other forms of discrimination must be given no
practice and international conventions rather than Philippine laws) states: place in a truly just, democratic and libertarian society, the party-list system has a well-
defined purpose. The party-list system was not designed as a tool to advocate tolerance
We do not suggest that public opinion, even at its most liberal, and acceptance of any and all socially misunderstood sectors. Rather, it is a platform for
reflect a clear cut strong consensus favorable to gay rights claims. . the realization of the aspirations of marginalized sectors whose interests are, by nature
. . 26 and history, also the nation's but which interests have not been sufficiently brought to
public attention because of these sectors' underrepresentation.
This is so unlike the significance of the interests of the sectors in Section 5 of RA
7941 which are, without doubt, indisputable. Congress was given by the Constitution full discretion to determine what sectors may
qualify as marginalized and underrepresented. The Court's task is to respect that
legislative determination by strictly adhering to it. If we effectively and unduly expand
Regardless of the personal beliefs and biases of its individual members, this Court can such congressional determination, we will be dabbling in policy-making, an act of
only apply and interpret the Constitution and the laws. Its power is not to create policy political will and not of judicial judgment. TAaCED
but to recognize, review or reverse the policy crafted by the political departments if and
when a proper case is brought before it. Otherwise, it will tread on the dangerous
grounds of judicial legislation. Accordingly, I respectfully vote to dismiss the petition.

In this instance, Congress, in the exercise of its authority under Section 5 (2), Article VI ABAD, J.:
of the Constitution, enacted RA 7941. Sections 2, 3 (d) and (5) of the said law instituted
a policy when it enumerated certain sectors as qualified marginalized and I have to concur only in the result set forth in the well-written ponencia of Justice
underrepresented sectors under the party-list system. Respect for that policy and fidelity Mariano C. Del Castillo because I arrived at the same conclusion following a different
to the Court's duty in our scheme of government require us to declare that only sectors path.
expressly mentioned or closely related to those sectors mentioned in Section 5 of RA
7941 are qualified to participate in the party-list system. That is the tenor of the Court's I also felt that the Court needs, in resolving the issues in this case, to say more about
rulings in Ang Bagong Bayani-OFW Labor Party and BANAT. As there is no strong what the Constitution and Republic Act (R.A.) 7941 intends in the case of the party-list
reason for the Court to rule otherwise, stare decisis compels a similar conclusion in this system to abate the aggravations and confusion caused by the alarming overnight
case. proliferation of sectoral parties.

The Court is called upon to exercise judicial restraint in this case by strictly adhering to, The underlying policy of R.A. 7941 or The Party-List System Act is to give the
rather than expanding, legislative policy on the matter of marginalized sectors as marginalized and underrepresented sectors of society an opportunity to take a direct
expressed in the enumeration in Section 5 of RA 7941. The Court has no power to part in enacting the laws of the land. In Ang Bagong Bayani-OFW Labor Party v.
amend and expand Sections 2, 3 (d) and 5 of RA 7941 in the guise of interpretation. Commission on Elections (COMELEC), 1 the Court laid down guidelines for
The Constitution expressly and exclusively vests the authority to determine "such other accreditation, but these seem to leave the COMELEC like everyone else even more
[marginalized] sectors" qualified to participate in the party-list system to Congress. perplexed and dumbfounded about what organizations, clubs, or associations can pass
Thus, until and unless Congress amends the law to include the LGBT and other sectors for sectoral parties with a right to claim a seat in the House of Representatives. The
in the party-list system, deference to Congress' determination on the matter is proper. Court can, in adjudicating this case, unravel some of the difficulties.

A FINAL WORD Here, I fully agree that the COMELEC erred when it denied Ang Ladlad's petition for
sectoral party accreditation on religious and moral grounds. The COMELEC has never
To be succinctly clear about it, I do not say that there is no truth to petitioner's claim of applied these tests on regular candidates for Congress. There is no reason for it to
discriminatory and oppressive acts against its members. I am in no position to make apply them on Ang Ladlad. But the ponencia already amply and lucidly discussed this
that claim. Nor do I claim that petitioner has no right to speak, to assemble or to access point.
our political departments, particularly the legislature, to promote the interests of its
constituency. Social perceptions of sexual and other moral issues may change over What I am more concerned about is COMELEC's claim in its comment on the petition
time, and every group has the right to persuade its fellow citizens that its view of such that the Ang Ladlad sectoral party was not marginalized and underrepresented since it
matters is the best. 27 But persuading one's fellow citizens is one thing and insisting on is not among, or even associated with, the sectors specified in the Constitution and in
a right to participate in the party-list system is something else. Considering the facts, the R.A. 7941. 2 Ang Ladlad, it claims, did not qualify as a marginalized and
law and jurisprudence, petitioner cannot properly insist on its entitlement to use the underrepresented group of people like those representing labor, peasant, fisherfolk,
party-list system as a vehicle for advancing its social and political agenda. urban poor, indigenous cultural communities, elderly, handicapped, women, youth,
veterans, overseas workers, and professionals. This is effectively the COMELEC's Bagong Bayani, the whole thing boils down to ascertaining whether the party seeking
frame of mind in adjudicating applications for accreditation. accreditation belongs to the "marginalized and underrepresented." 3

But, the COMELEC's proposition imposes an unwarranted restriction which is Unfortunately, Congress did not provide a definition of the term "marginalized and
inconsistent with the purpose and spirit of the Constitution and the law. A reading of Ang underrepresented." Nor did the Court dare provide one in its decision in Ang Bagong
Bagong Bayani will show that, based on the Court's reading, neither the Constitution nor Bayani. It is possible, however, to get a sense of what Congress intended in adopting
R.A. 7941 intends the excessively limited coverage that the COMELEC now suggests. such term. No doubt, Congress crafted that term marginalized and underrepresented
In fact, the Court said in that case that the list in R.A. 7941 is not exclusive. Thus, while from its reading of the concrete examples that the Constitution itself gives of
the party-list system is not meant for all sectors of society, it was envisioned as a social groupings that are entitled to accreditation. These examples are the labor, the peasant,
justice tool for the marginalized and underrepresented in general. the urban poor, the indigenous cultural minorities, the women, and the youth sectors.
Fortunately, quite often ideas are best described by examples of what they are, which
As it happened, the only clue that the Constitution provides respecting the identity of the was what those who drafted the 1987 Constitution did, rather than by an abstract
sectors that will make up the party-list system is found in the examples it gives, namely, description of them.
the labor, the peasant, the urban poor, the indigenous cultural minorities, the women,
and the youth segments of society. Section 5 (2), Article VI of the 1987 Constitution For Congress it was much like looking at a gathering of "a dog, a cat, a horse, an
provides: elephant, and a tiger" and concluding that it is a gathering of "animals." Here, it looked
at the samples of qualified groups (labor, peasant, urban poor, indigenous cultural
(2)The party-list representative shall constitute twenty per minorities, women, and youth) and found a common thread that passes through them
centum of the total number of representatives including those all. Congress concluded that these groups belonged to the "marginalized and
under the party list. For three consecutive terms after the underrepresented."
ratification of this Constitution, one-half of the seats allocated
to party-list representatives shall be filled, as provided by law, So what is the meaning of the term "marginalized and underrepresented?" The
by selection or election from the labor, peasant, urban poor, examples given (labor, peasant, urban poor, indigenous cultural minorities, women, and
indigenous cultural communities, women, youth, and such youth) should be the starting point in any search for definition. Congress has added six
other sectors as may be provided by law, except the religious others to this list: the fisherfolk, the elderly, the handicapped, the veterans, the overseas
sector." (Underscoring supplied.) workers, and the professionals. 4 Thus, the pertinent portion of Section 5 of R.A. 7941
provides: HcTSDa
Getting its bearing from the examples given above, the Congress provided in Section 2
of R.A. 7941 a broad standard for screening and identifying those who may qualify for Sec. 5.Registration. . . . Provided, that the sector shall
the party-list system. Thus: include labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, elderly, handicapped, women, youth,
Sec. 2.Declaration of policy. The State shall promote veterans, overseas workers, and professionals.
proportional representation in the election of representatives
to the House of Representatives through a party-list system of If one were to analyze these Constitutional and statutory examples of qualified parties, it
registered regional and sectoral parties or organizations or should be evident that they represent the working class (labor, peasant, fisherfolk,
coalitions thereof, which will enable Filipino citizens belonging overseas workers), the service class (professionals), the economically deprived
to marginalized and underrepresented sectors, organizations (urban poor), the social outcasts (indigenous cultural minorities), the vulnerable
and parties, and who lack well defined political constituencies (women, youth) and the work impaired (elderly, handicapped, veterans). This analysis
but who could contribute to the formulation and enactment of provides some understanding of who, in the eyes of Congress, are marginalized and
appropriate legislation that will benefit the nation as a whole, underrepresented.
to become members of the House of Representatives. Towards
this end, the State shall develop and guarantee a full, free and The parties of the marginalized and underrepresented should be more than just lobby or
open party system or group interests in the House of interest groups. They must have an authentic identity that goes beyond mere similarities
Representatives by enhancing their chances to compete for in background or circumstances. It is not enough that their members belong to the same
and win seats in the legislature, and shall provide the simplest industry, speak the same dialect, have a common hobby or sport, or wish to promote
scheme possible. (Underscoring supplied.) public support for their mutual interests. The group should be characterized by a shared
advocacy for genuine issues affecting basic human rights as these apply to their
The above speaks of "marginalized and underrepresented sectoral parties or groups. This is in keeping with the statutory objective of sharing with them seats in the
organizations . . . lack well defined political constituencies . . . who could contribute to House of Representatives so they can take part in enacting beneficial legislation.
the formulation and enactment of appropriate legislation." But, as the Court said in Ang
It should be borne in mind, however, that both the Constitution and R.A. 7941 merely Sec. 5.Registration. Any organized group of persons may
provide by examples a sense of what the qualified organizations should look like. As the register as a party, organization or coalition for purposes of
Court acknowledged in Ang Bagong Bayani, these examples are not exclusive. For the party-list system by filing with the COMELEC not later than
instance, there are groups which are pushed to the margin because they advocate an ninety (90) days before the election a petition verified by its
extremist political ideology, such as the extreme right and the extreme left of the political president or secretary stating its desire to participate in the
divide. They may be regarded, if the evidence warrants, as qualified sectors. party-list system as a national, regional or sectoral party or
organization or a coalition of such parties or organizations, . . .
Further, to qualify, a party applying for accreditation must represent a narrow rather .
than a specific definition of the class of people they seek to represent. For example, the
Constitution uses the term "labor," a narrower definition than the broad and more This provision, taken alongside with the territorial character of the sample sectors
abstract term, "working class," without slipping down to the more specific and concrete provided by the Constitution and R.A. 7941, indicates that every sectoral party-list
definition like "carpenters," "security guards," "microchips factory workers," "barbers," applicant must have an inherently regional presence (indigenous cultural minorities) or
"tricycle drivers," and similar sub-groupings in the "labor" group. See the other a national presence (all the rest).
illustrations below.
The people they represent are not bound up by the territorial borders of provinces,
Broad*NarrowSpecifically Defined Groups cities, or municipalities. A sectoral group representing the sugar plantation workers of
DefinitionDefinition Negros Occidental, for example, will not qualify because it does not represent the
inherently national character of the labor sector.
Working ClassLaborCarpenters, security guards, microchip
factory workers, barbers, tricycle drivers
Finally, as the Court held in Ang Bagong Bayani, it is not enough for a party to claim
EconomicallyUrbanInformal settlers, the jobless, persons that it represents the marginalized and underrepresented. That is easy to do. The party
DeprivedPoordisplaced by domestic wars must factually and truly represent the marginalized and underrepresented. It must
The VulnerableWomenWorking women, battered women, victims of present to the COMELEC clear and convincing evidence of its history, authenticity,
slavery advocacy, and magnitude of presence. The COMELEC must reject those who put up
building props overnight as in the movies to create an illusion of sectoral presence so
Work ImpairedHandi-Deaf and dumb, the blind, people on they can get through the door of Congress without running for a seat in a regular
Cappedwheelchairs legislative district.
*The definition that the Constitution and R.A. 7941 use by their
examples. In sum, to qualify for accreditation:

Obviously, the level of representation desired by both the Constitution and R.A. 7941 for One, the applying party must show that it represents the "marginalized and
the party-list system is the second, the narrow definition of the sector that the law underrepresented," exemplified by the working class, the service class, the
regards as "marginalized and underrepresented." The implication of this is that, if any of economically deprived, the social outcasts, the vulnerable, the work impaired, or some
the sub-groupings (the carpenters, the security guards, the microchips factory workers, such similar class of persons.
the barbers, the tricycle drivers in the example) within the sector desires to apply for
accreditation as a party-list group, it must compete with other sub-groups for the seat
allotted to the "labor sector" in the House of Representatives. This is the apparent intent Two, the applying party should be characterized by a shared advocacy for genuine
of the Constitution and the law. issues affecting basic human rights as these apply to the sector it represents.

An interpretation that will allow concretely or specifically defined groups to seek election Three, the applying party must share the cause of their sector, narrowly defined as
as a separate party-list sector by itself will result in riot and redundancy in the mix of shown above. If such party is a sub-group within that sector, it must compete with other
sectoral parties grabbing seats in the House of Representatives. It will defeat altogether sub-groups for the seat allocated to their sector.
the objectives of the party-list system. If they can muster enough votes, the country may
have a party-list of pedicab drivers and another of tricycle drivers. There will be an Four, the members of the party seeking accreditation must have an inherent regional or
irrational apportionment of party-list seats in the legislature. national presence.

In addition, Section 5 of R.A. 7941 provides that parties interested in taking part in the And five, except for matters the COMELEC can take judicial notice of, the party applying
party-list system must state if they are to be considered as national, regional, or sectoral for accreditation must prove its claims by clear and convincing evidence.
parties. Thus: ESCDHA
In this case, Ang Ladlad represents men and women who identify themselves as MOHAMMAD OMAR FAJARDO, petitioner, vs. COMMISSION ON
lesbians, gays, bisexuals, or trans-gendered persons (LGBTs). Applying the universally ELECTIONS; CITIZENS DRUG WATCH; MAMAMAYAN AYAW
accepted estimate that one out of every 10 persons is an LGBT of a certain kind, 5 the SA DROGA; GO! GO! PHILIPPINES; THE TRUE MARCOS
Filipino LGBTs should now stand at about 8.7 million. Despite this, however, they are by LOYALIST ASSOCIATION OF THE PHILIPPINES; PHILIPPINE
and large, subtly if not brutally, excluded from the mainstream, discriminated against, LOCAL AUTONOMY; CITIZENS MOVEMENT FOR JUSTICE,
and persecuted. That the COMELEC denied Ang Ladlad's petition on religious and ECONOMY, ENVIRONMENT AND PEACE; CHAMBER OF REAL
moral grounds is proof of this discrimination. ESTATE BUILDERS ASSOCIATION; SPORTS & HEALTH
ADVANCEMENT FOUNDATION, INC.; ANG LAKAS NG
Ang Ladlad claims that many cases of intolerance and violence against LGBTs have OVERSEAS CONTRACT WORKERS (OCW); BAGONG BAYANI
been documented. At home, effeminate or gay youths are subjected to physical abuse ORGANIZATION and others under "Organizations/Coalitions"
by parents or guardians to make them conform to standard gender norms of behavior, of Omnibus Resolution No. 3785; PARTIDO NG MASANG
while lesbian youths are raped to cure them of their perceived affliction. LGBTs are PILIPINO; LAKAS NUCD-UMDP; NATIONALIST PEOPLE'S
refused admission from certain schools, or are suspended and put on probation. COALITION; LABAN NG DEMOKRATIKONG PILIPINO;
Meanwhile, in the workplace, they are denied promotions or benefits which are AKSYON DEMOKRATIKO; PDP-LABAN; LIBERAL PARTY;
otherwise available to heterosexuals holding the same positions. There is bigotry for NACIONALISTA PARTY; ANG BUHAY HAYAANG YUMABONG;
their group. and others under "Political Parties" of Omnibus Resolution
No. 3785, respondents.
Ang Ladlad has amply proved that it meets the requirements for sectoral party
accreditation. Their members are in the vulnerable class like the women and the youth.
[G.R. No. 147613. June 26, 2001.]
Ang Ladlad represents a narrow definition of its class (LGBTs) rather than a concrete
and specific definition of a sub-group within the class (group of gay beauticians, for
example). The people that Ang Ladlad seeks to represent have a national presence. BAYAN MUNA, petitioner, vs. COMMISSION ON ELECTIONS;
NATIONALIST PEOPLE'S COALITION (NPC); LABAN NG
The lesbians, gays, bisexuals, and trans-gendered persons in our communities are our DEMOKRATIKONG PILIPINO (LDP); PARTIDO NG MASANG
brothers, sisters, friends, or colleagues who have suffered in silence all these years. PILIPINO (PMP); LAKAS-NUCD-UMDP; LIBERAL PARTY;
True, the party-list system is not necessarily a tool for advocating tolerance or MAMAMAYANG AYAW SA DROGA; CREBA; NATIONAL
acceptance of their practices or beliefs. But it does promise them, as a marginalized FEDERATION OF SUGARCANE PLANTERS; JEEP; and
and underrepresented group, the chance to have a direct involvement in crafting BAGONG BAYANI ORGANIZATION, respondents.
legislations that impact on their lives and existence. It is an opportunity for true and
effective representation which is the very essence of our party-list system. cIETHa
Neri Javier Colmenares for Bayan Muna.
For the above reasons, I vote to GRANT the petition.
Chan Robles & Associates for Citizens Drug Watch Foundation, Inc.
||| (Ang Ladlad LGBT Party v. COMELEC, G.R. No. 190582, April 08, 2010)
Cruz Cruz & Navarro for Mamamayan Ayaw sa Droga.

Brillantes Navarro Jumamil Arcilla Escolin & Martinez Law Offices for The True Marcos
Loyalist Association of the Philippines.

Francis A. Ver for Phil. Local Autonomy Movement.

Yap Crisanto Salvador & Calderon and Fonacier & Fonacier Law Office for Chamber of
EN BANC
Real Estate Builders Asso.

[G.R. No. 147589. June 26, 2001.] Mcaskell Equila & Associates for Ang Lakas ng Overseas Contract Workers (OCW).

ANG BAGONG BAYANI-OFW LABOR PARTY (under the Juan Carlos T. Cuna for Partido ng Masang Pilipino.
acronym OFW), represented herein by its secretary-general,
Buag Kapunan Migallos & Perez for Aksyon Democratiko. 1. REMEDIAL LAW; SPECIAL CIVIL ACTIONS; CERTIORARI; VALIDITY OF
COMELEC OMNIBUS RESOLUTION 3785 IN CASE AT BAR MAY BE BROUGHT
Tonisito M.C. Umali for Liberal Party. BEFORE THIS COURT IN A VERIFIED PETITION THEREFOR UNDER RULE 65 OF
RULES OF COURT. Petitioners attack the validity of Comelec Omnibus Resolution
3785 for having been issued with grave abuse of discretion, insofar as it allowed
Antonio Dollete & Associates for Partido ng Masang Pilipino. respondents to participate in the party-list elections of 2001. Indeed, under both the
Constitution and the Rules of Court, such challenge may be brought before this Court in
Yulo and Bello Law Offices for LAKAS-NUCD-UMDP. a verified petition for certiorari under Rule 65.

Ceferino Padua Law Office, Gerardo A. Del Mundo Law Office and Antonio R. Bautista 2. ID.; ID.; ID.; WHEN AVAILABLE. These cases present an exception to the rule
& Partners for Bagong Bayani Org. that certiorari shall lie only in the absence of any other plain, speedy and adequate
remedy. It has been held that certiorari is available, notwithstanding the presence of
The Solicitor General for Commission on Elections. other remedies, "where the issue raised is one purely of law, where public interest is
involved, and in case of urgency." Indeed, the instant case is indubitably imbued with
public interest and with extreme urgency, for it potentially involves the composition of 20
percent of the House of Representatives.
SYNOPSIS

3. ID.; ID.; ID.; WHEN PROCEDURAL REQUIREMENTS MAY BE GLOSSED OVER


Petitioners Ang Bagong Bayani-OFW Labor Party and Bayan Muna filed the present TO PREVENT A MISCARRIAGE OF JUSTICE. Procedural requirements "may be
petitions under Rule 65 of the Rules of Court, challenging Omnibus Resolution No. glossed over to prevent a miscarriage of justice, when the issue involves the principle of
37851 issued by the Commission on Elections (Comelec) on March 26, 2001. This social justice . . . when the decision sought to be set aside is a nullity, or when the need
Resolution approved the participation of 154 organizations and parties, including those for relief is extremely urgent and certiorari is the only adequate and speedy remedy
herein impleaded, in the 2001 party-list elections. Petitioners seek the disqualification of available."
private respondents, arguing mainly that the party-list system was intended to benefit
the marginalized and underrepresented; not the mainstream political parties, the non- 4. POLITICAL LAW; ELECTION LAWS; COMELEC RULES OF PROCEDURE;
marginalized or overrepresented. MOTION FOR RECONSIDERATION PROHIBITED UNDER SECTION 1(D), RULE 13
THEREOF. The assailed Omnibus Resolution was promulgated by Respondent
The Supreme Court found the petition partly meritorious. The Court remanded the case Commission en banc; hence, no motion for reconsideration was possible, it being a
to the Comelec and directed the Commission to conduct summary evidentiary hearings prohibited pleading under Section 1 (d), Rule 13 of the Comelec Rules of Procedure.
on the qualifications of the party-list participants. The Court rejected the submissions of
the Comelec and the other respondents that the party-list system is, without any 5. CONSTITUTIONAL LAW; SUPREME COURT; DUTY; TO FORMULATE GUIDING
qualification, open to all. According to the Court, such position does not only weaken the AND CONTROLLING CONSTITUTIONAL PRINCIPLES, PRECEPTS, DOCTRINES
electoral chances of the marginalized and underrepresented; it also prejudices them. It OR RULES. These cases raise transcendental constitutional issues on the party-list
would gut the substance of the party-list system. Instead of generating hope, it would system, which this Court must urgently resolve, consistent with its duty to "formulate
create a mirage. Instead of enabling the marginalized, it would further weaken them and guiding and controlling constitutional principles, precepts, doctrines, or rules." acCTIS
aggravate their marginalization. The Court stressed that the very reason for the
establishment of the party-list system is the fundamental social justice principle that
those who have less in life should have more in law. It was for them that the party-list 6. ID.; PARTY-LIST SYSTEM; POLITICAL PARTIES; MAY PARTICIPATE IN PARTY-
system was enacted to give them not only genuine hope, but genuine power; to give LIST ELECTIONS AND MAY BE REGISTERED UNDER PARTY-LIST SYSTEM.
them the opportunity to be elected and to represent the specific concerns of their Under the Constitution and RA 7941, private respondents cannot be disqualified from
constituencies; and simply to give them a direct voice in Congress and in the larger the party-list elections, merely on the ground that they are political parties. Section 5,
affairs of the State. The State cannot now disappoint and frustrate them by disabling Article VI of the Constitution, provides that members of the House of Representatives
and desecrating this social justice vehicle. The Court also laid down some guidelines to may "be elected through a party-list system of registered national, regional, and sectoral
assist the Comelec in its work of conducting summary evidentiary hearings on the parties or organizations." Furthermore, under Sections 7 and 8, Article IX (C) of the
qualifications of the party-list participants. Constitution, political parties may be registered under the party-list system.
Furthermore, Section 11 of RA 7941 leaves no doubt as to the participation of political
parties in the party-list system. We quote the pertinent provision below: . . . Indubitably,
therefore, political parties even the major ones may participate in the party-list
SYLLABUS
elections.
7. ID.; ID.; PURPOSE. Commissioner Monsod stated that the purpose of the party- intent of the law that not all sectors can be represented under the party-list system. It is
list provision was to open up the system, in order to give a chance to parties that a fundamental principle of statutory construction that words employed in a statute are
consistently place third or fourth in congressional district elections to win a seat in interpreted in connection with, and their meaning is ascertained by reference to, the
Congress. He explained: "The purpose of this is to open the system. In the past words and the phrases with which they are associated or related. Thus, the meaning of
elections, we found out that there were certain groups or parties that, if we count their a term in a statute may be limited, qualified or specialized by those in immediate
votes nationwide, have about 1,000,000 or 1,500,000 votes. But they were always third association.
or fourth place in each of the districts. So, they have no voice in the Assembly. But this
way, they would have five or six representatives in the Assembly even if they would not 13. ID.; CONSTITUTIONAL CONSTRUCTION; PRIMARY SOURCE FROM WHICH TO
win individually in legislative districts. So, that is essentially the mechanics, the purpose ASCERTAIN CONSTITUTIONAL INTENT OR PURPOSE IS LANGUAGE OF
and objectives of the party-list system." PROVISION ITSELF. The fundamental principle in constitutional construction,
however, is that the primary source from which to ascertain constitutional intent or
8. ID.; ID.; POLITICAL PARTY; DEFINED. For its part, Section 2 of RA 7941 also purpose is the language of the provision itself. The presumption is that the words in
provides for "a party-list system of registered national, regional and sectoral parties or which the constitutional provisions are couched express the objective sought to be
organizations or coalitions thereof, . . . ." Section 3 expressly states that a "party" is attained. In other words, verba legis still prevails. Only when the meaning of the words
"either a political party or a sectoral party or a coalition of parties." More to the point, the used is unclear and equivocal should resort be made to extraneous aids of construction
law defines "political party" as "an organized group of citizens advocating an ideology or and interpretation, such as the proceedings of the Constitutional Commission or
platform, principles and policies for the general conduct of government and which, as Convention, in order to shed light on and ascertain the true intent or purpose of the
the most immediate means of securing their adoption, regularly nominates and supports provision being construed.
certain of its leaders and members as candidates for public office."
14. REMEDIAL LAW; SPECIAL CIVIL ACTIONS; CERTIORARI; GRAVE ABUSE OF
9. ID.; ID.; RA 7941; PROPORTIONAL REPRESENTATION, CONSTRUED. DISCRETION; WHEN A LOWER COURT OR A QUASI-JUDICIAL AGENCY
"Proportional representation" in Sec. 2 of RA 7941 does not refer to the number of VIOLATES OR IGNORES THE CONSTITUTION OR THE LAW, ITS ACTION CAN BE
people in a particular district, because the party-list election is national in scope. Neither STRUCK DOWN BY THIS COURT ON THE GROUND THEREOF. When a lower
does it allude to numerical strength in a distressed or oppressed group. Rather, it refers court, or a quasi-judicial agency like the Commission on Elections, violates or ignores
to the representation of the "marginalized and underrepresented" as exemplified by the the Constitution or the law, its action can be struck down by this Court on the ground of
enumeration in Section 5 of RA 7941; namely, "labor, peasant, fisherfolk, urban poor, grave abuse of discretion. Indeed, the function of all judicial and quasi-judicial
indigenous cultural communities, elderly, handicapped, women, youth, veterans, instrumentalities is to apply the law as they find it, not to reinvent or second-guess it.
overseas workers, and professionals."
15. ID.; SUPREME COURT; JURISDICTION; SUPREME COURT NOT A TRIER OF
10. ID.; ID.; ID.; LACK OF WELL-DEFINED CONSTITUENCY, EXPLAINED. "Lack of FACTS. Bayan Muna also urges us to immediately rule out Respondent
well-defined constituenc[y]" refers to the absence of a traditionally identifiable electoral Mamamayan Ayaw sa Droga (MAD), because "it is a government entity using
group, like voters of a congressional district or territorial unit of government. Rather, it government resources and privileges." This Court, however, is not a trier of facts. It is
points again to those with disparate interests identified with the "marginalized or not equipped to receive evidence and determine the truth of such factual allegations.
underrepresented."
16. CONSTITUTIONAL LAW; PARTY-LIST SYSTEM ACT (RA 7941); POLITICAL
PARTY, SECTOR, ORGANIZATION OR COALITION MUST REPRESENT
MARGINALIZED AND UNDERREPRESENTED GROUPS IDENTIFIED IN SECTION 5
11. STATUTORY CONSTRUCTION; INTERPRETATION OF STATUTES; WHERE THEREOF. First, the political party, sector, organization or coalition must represent
LANGUAGE OF LAW IS CLEAR, IT MUST BE APPLIED ACCORDING TO ITS the marginalized and underrepresented groups identified in Section 5 of RA 7941. In
EXPRESS TERMS. The intent of the Constitution is clear: to give genuine power to other words, it must show through its constitution, articles of incorporation, bylaws,
the people, not only by giving more law to those who have less in life, but more so by history, platform of government and track record that it represents and seeks to uplift
enabling them to become veritable lawmakers themselves. Consistent with this intent, marginalized and underrepresented sectors. Verily, majority of its membership should
the policy of the implementing law, we repeat, is likewise clear: "to enable Filipino belong to the marginalized and underrepresented. And it must demonstrate that in a
citizens belonging to marginalized and underrepresented sectors, organizations and conflict of interests, it has chosen or is likely to choose the interest of such sectors.
parties, . . ., to become members of the House of Representatives." Where the
language of the law is clear, it must be applied according to its express terms. 17. ID.; ID.; ID.; MAJOR POLITICAL PARTIES MUST SHOW THAT THEY
REPRESENT INTERESTS OF THE MARGINALIZED AND UNDERREPRESENTED.
12. ID.; ID.; MEANING OF A TERM IN A STATUTE MAY BE LIMITED, QUALIFIED OR Second, while even major political parties are expressly allowed by RA 7941 and the
SPECIALIZED BY THOSE IN IMMEDIATE ASSOCIATION. While the enumeration Constitution to participate in the party-list system, they must comply with the declared
of marginalized and underrepresented sectors is not exclusive, it demonstrates the clear statutory policy of enabling "Filipino citizens belonging to marginalized and
underrepresented sectors . . . to be elected to the House of Representatives." In other Surely, the interests of the youth cannot be fully represented by a retiree; neither can
words, while they are not disqualified merely on the ground that they are political those of the urban poor or the working class, by an industrialist. To allow otherwise is to
parties, they must show, however, that they represent the interests of the marginalized betray the State policy to give genuine representation to the marginalized and
and underrepresented. DAHaTc underrepresented.

18. ID.; ID.; ID.; RELIGIOUS SECTOR MAY NOT BE REPRESENTED IN PARTY-LIST 23. ID.; ID.; ID.; NOMINEE MUST BE ABLE TO CONTRIBUTE TO FORMULATION
SYSTEM. In view of the objections directed against the registration of Ang Buhay AND ENACTMENT OF APPROPRIATE LEGISLATION THAT WILL BENEFIT THE
Hayaang Yumabong, which is allegedly a religious group, the Court notes the express NATION AS A WHOLE. As previously discussed, while lacking a well-defined
constitutional provision that the religious sector may not be represented in the party-list political constituency, the nominee must likewise be able to contribute to the formulation
system. and enactment of appropriate legislation that will benefit the nation as a whole. Senator
Jose Lina explained during the bicameral committee proceedings that "the nominee of a
19. ID.; COMMISSION ON ELECTIONS; RELIGIOUS DENOMINATIONS AND SECTS party, national or regional, is not going to represent a particular district . . . ."
SHALL NOT BE REGISTERED AS POLITICAL PARTIES. Furthermore, the
Constitution provides that "religious denominations and sects shall not be registered." VITUG, J., dissenting opinion:
The prohibition was explained by a member of the Constitutional Commission in this
wise: "[T]he prohibition is on any religious organization registering as a political party. I 1. CONSTITUTIONAL LAW; LEGISLATIVE DEPARTMENT; PARTY-LIST SYSTEM;
do not see any prohibition here against a priest running as a candidate. That is not SYSTEMS OF REPRESENTATION; PROPORTIONAL REPRESENTATION AND
prohibited here; it is the registration of a religious sect as a political party." SECTORAL REPRESENTATION, EXPLAINED. Perhaps the present controversy
stems from a confusion of the actual character of the party-list system. At first glance, it
20. ID.; PARTY-LIST SYSTEM ACT (RA 7941); A PARTY OR ORGANIZATION MUST gives the impression of being a combination of proportional representation for non-
NOT BE DISQUALIFIED UNDER SECTION 6 THEREOF. Fourth, a party or an traditional parties and sectoral representation. The first, proportional representation, on
organization must not be disqualified under Section 6 of RA 7941, which enumerates one end, is intended for no other reason than to open up the electoral process for
the grounds for disqualification as follows: "(1) It is a religious sect or denomination, broader participation and representation. Sectoral representation on the other,
organization or association organized for religious purposes; (2) It advocates violence or presupposes that every underrepresented sector be represented in Congress. This
unlawful means to seek its goal; (3) It is a foreign party or organization; (4) It is receiving impression of sectoral-based representation stems from the provisions of Article 6,
support from any foreign government, foreign political party, foundation, organization, Section 5(2), of the Constitution, as well as R.A. 7941, in enumerating specific sectors
whether directly or through any of its officers or members or indirectly through third to be represented.
parties for partisan election purposes; (5) It violates or fails to comply with laws, rules or
regulations relating to elections; (6) It declares untruthful statements in its petition; (7) It 2. ID.; ID.; ID.; FOUR GROUPS BELONGING THERETO, NAMELY: 1) POLITICAL
has ceased to exist for at least one (1) year; or (8) It fails to participate in the last two (2) PARTIES, 2) SECTORAL PARTIES, 3) SECTORAL ORGANIZATIONS, AND 4)
preceding elections or fails to obtain at least two per centum (2%) of the votes cast COALITIONS, CONSTRUED. The party-list system is limited to four groups 1)
under the party-list system in the two (2) preceding elections for the constituency in political parties, 2) sectoral parties, 3) sectoral organizations, and 4) coalitions. A
which it has registered." political party is an organized group of citizens advocating an ideology, or platform,
principles or policies for the general conduct of government and which, as the most
21. ID.; ID.; ID.; PARTY OR ORGANIZATION MUST NOT BE AN ADJUNCT OF, OR A immediate means of securing their adoption, regularly nominate and supports certain of
PROJECT ORGANIZED OR AN ENTITY FUNDED OR ASSISTED BY THE its leaders and members as candidates for public office. A sectoral party is an organized
GOVERNMENT. Fifth, the party or organization must not be an adjunct of, or a group of citizens belonging to identifiable sectors, such as those enumerated in Article
project organized or an entity funded or assisted by the government. By the very nature 6, Section 5(2), of the 1987 Constitution, which includes the labor, peasant, urban poor,
of the party-list system, the party or organization must be a group of citizens, organized indigenous cultural communities and women and those added by R.A. 7941 like the
by citizens and operated by citizens. It must be independent of the government. The fisherfolk, elderly, handicapped, veterans, overseas workers and professionals. A
participation of the government or its officials in the affairs of a party-list candidate is not sectoral organization is a group of citizens who share the same or similar attributes or
only illegal and unfair to other parties, but also deleterious to the objective of the law: to characteristics, employment, interests or concerns. Coalition is an aggrupation of duly
enable citizens belonging to marginalized and underrepresented sectors and registered national, regional, sectoral parties or organizations for election purposes.
organizations to be elected to the House of Representatives.

22. ID.; ID.; ID.; NOMINEES MUST REPRESENT MARGINALIZED AND


UNDERREPRESENTED SECTORS. Not only the candidate party or organization 3. ID.; ID.; ID.; QUALIFICATIONS OF PARTY-LIST NOMINEE. A party-list nominee
must represent marginalized and underrepresented sectors; so also must its nominees. is subject to basically the same qualifications applicable to legislative districts
To repeat, under Section 2 of RA 7941, the nominees must be Filipino citizens "who candidates, with the exception of the additional requirement that he be nominated in
belong to marginalized and underrepresented sectors, organizations and parties." one list only, and provided, further, that he is not a candidate for any elective office or
has lost his bid for an elective office in the immediately preceding election. A nominee representation. Textually, Art. VI, 5(1)(2) provides no basis for petitioners' contention
must actually belong to the sector which they purport to represent, otherwise, there can that whether it is sectoral representation or party-list system the purpose is to provide
be no true representation. A nominee of the youth sector is further required to be at exclusive representation for "marginalized sectors," by which term petitioners mean the
least 25 but not more than 30 years of age on the day of the election. Should he, labor, peasant, urban poor, indigenous cultural communities, women, and youth
however, attain the age of 30 during his term, he is allowed to continue until the sectors.
expiration thereof. Once elected, party-list representatives also enjoy the same term,
rights and privileges as do district representatives, except that they are not entitled to 2. ID.; ID.; RESORT TO DEBATES AND PROCEEDINGS OF CONSTITUTIONAL
the Country-wide Development Fund (CDF). CONVENTION MAY BE HAD ONLY WHEN OTHER GUIDES FAIL AS SAID
PROCEEDINGS ARE POWERLESS TO VARY TERMS OF CONSTITUTION WHEN
4. ID.; ID.; ID.; FEATURE THEREOF IS THAT POLITICAL PARTIES, SECTORAL MEANING IS CLEAR. The polestar of constitutional interpretation has been stated by
GROUPS AND ORGANIZATIONS, COALITIONS AND AGGRUPATION ACQUIRE this Court in Civil Liberties Union v. Executive Secretary, as follows: While it is
STATUS OF "CANDIDATES" AND THEIR NOMINEES RELEGATED TO MERE permissible in this jurisdiction to consult the debates and proceedings of the
AGENTS. A feature of the party-list system is that political parties, sectoral groups constitutional convention in order to arrive at the reason and purpose of the resulting
and organizations, coalitions and aggrupation acquire the status of "candidates" and Constitution, resort thereto may be had only when other guides fail as said proceedings
their nominees relegated to mere agents. Thus, if a party-list representative dies, are powerless to vary the terms of the Constitution when the meaning is clear. Debates
becomes physically incapacitated, removed from office by the party or the organization in the constitutional convention "are of value as showing the views of the individual
he represents, resigns, or is disqualified during his term, his party can send another members, and as indicating the reason for their votes, but they give us no light as to the
person to take his place for the remaining period, provided the replacement is next in views of the large majority who did not talk, much less of the mass or our fellow citizens
succession in the list of nominees submitted to the COMELEC upon registration. whose votes at the polls gave that instrument the force of fundamental law. We think it
Furthermore, a party-list representative who switches party affiliations during his term safer to construe the constitution from what appears upon its face." The proper
forfeits his seat. So, also, if a person changes his sectoral affiliation within 6 months interpretation therefore depends more on how it was understood by the people adopting
before the election, he will not be eligible for nomination in party-list representative it than in the framers' understanding thereof.
under his new party or organization. EcTDCI
3. CONSTITUTIONAL LAW; LEGISLATIVE DEPARTMENT; SYSTEMS OF
5. STATUTORY CONSTRUCTION; CONSTITUTIONAL CONSTRUCTION; EFFECT REPRESENTATION; PARTY-LIST SYSTEM AND WINNER-TAKE-ALL SINGLE-SEAT
MUST BE GIVEN TO INTENT OF FRAMERS OF ORGANIC LAW AND OF PEOPLE DISTRICT SYSTEM, DISTINGUISHED. The two systems of representation are not
ADOPTING IT. The polestar in the constructions of constitutions always remains identical. Party-list representation is a type of proportional representation designed to
"effect must be given to the intent of the framers of the organic law and of the people give those who otherwise cannot win a seat in the House of Representatives in district
adopting it." The law, in its clear formulation cannot give this tribunal the elbow-room for elections a chance to win if they have sufficient strength on a nationwide basis. (In this
construction. Courts are bound to suppose that any inconveniences involved in the sense, these groups are considered "marginalized and underrepresented.") Under the
application of constitutional provisions according to their plain terms and import have party-list system, representatives are elected from multi-seat districts in proportion to
been considered in advance and accepted as less intolerable than those avoided, or as the number of votes received in contrast to the "winner-take-all" single-seat district in
compensated by countervailing advantages. The ponencia itself, in ruling as it does, which, even if a candidate garners 49.9% of the votes, he gets no seat. Thus, under the
may unwittingly, be crossing the limits of judicial review and treading the dangerous party-list system, a party or candidate need not come in first in order to win seats in the
waters of judicial legislation, and more importantly, of a constitutional amendment. legislature. On the other hand, in the "winner-take-all" single-seat district, the votes cast
While, the lament of herein petitioners is understandable, the remedy lies not with this for a losing candidate are wasted as only those who vote for the winner are
Court but with the people themselves through an amendment of their work as and when represented. To the extent then that it assures parties or candidates a percentage of
better counsel prevails. seats in the legislature that reflects their public support, the party-list system enables
marginalized and underrepresented sectors (such as, but not limited to, the labor,
MENDOZA, J., dissenting opinion: peasant, urban poor, indigenous cultural communities, women, and youth sectors) to
obtain seats in the House of Representatives. Otherwise, the party-list system does not
guarantee to these sectors seats in the legislature.
1. STATUTORY CONSTRUCTION; CONSTITUTIONAL CONSTRUCTION; MOST
IMPORTANT SINGLE FACTOR IN DETERMINING INTENTION OF PEOPLE FROM
WHOM CONSTITUTION EMANATED IS LANGUAGE IN WHICH IT IS EXPRESSED. 4. ID.; ID.; PARTY-LIST SYSTEM; A TYPE OF PROPORTIONAL REPRESENTATION
"The most important single factor in determining the intention of the people from INTENDED TO GIVE VOICE TO THOSE WHO MAY NOT HAVE THE NECESSARY
whom the Constitution emanated is the language in which it is expressed." The text of NUMBER TO WIN A SEAT IN A DISTRICT BUT ARE SUFFICIENTLY NUMEROUS TO
Art. VI, 5(1)(2) is quite clear. It provides for a party-list system of "registered, regional, GIVE THEM A SEAT NATIONWIDE. The deliberations of the Constitutional
and sectoral parties or organizations," not for sectoral representation. Only for three Commission show that the party-list system is not limited to the "marginalized and
consecutive terms following the ratification of the Constitution and only with respect to underrepresented" sectors referred to by petitioners, i.e., labor, peasants, urban poor,
one-half of the seats allotted to party-list representatives does it allow sectoral indigenous cultural communities, women, and the youth, but that it is a type of
proportional representation intended to give voice to those who may not have the
necessary number to win a seat in a district but are sufficiently numerous to give them a DECISION
seat nationwide. It, therefore, misreads the debates on Art. VI, 5(1)(2) to say that
"Although Commissioners Villacorta and Monsod differed in their proposals as to the
details of the party-list system, both proponents worked within the framework that the
party-list system is for the 'marginalized' as termed by Comm. Villacorta and the PANGANIBAN, J p:
'underrepresented' as termed by Comm. Monsod, which he defined as those which are
'always third or fourth place in each of the districts.'"
The party-list system is a social justice tool designed not only to give more law to the
great masses of our people who have less in life, but also to enable them to become
5. ID.; ID.; ID.; SUPREME COURT CANNOT HOLD THAT PARTY-LIST SYSTEM IS veritable lawmakers themselves, empowered to participate directly in the enactment of
RESERVED EXCLUSIVELY FOR LABOR, PEASANTS, URBAN POOR, INDIGENOUS laws designed to benefit them. It intends to make the marginalized and the
CULTURAL COMMUNITIES, WOMEN AND YOUTH. A problem was placed before underrepresented not merely passive recipients of the State's benevolence, but active
the Constitutional Commission that the existing "winner-take-all" one-seat district participants in the mainstream of representative democracy. Thus, allowing all
system of election leaves blocks of voters underrepresented. To this problem of under individuals and groups, including those which now dominate district elections, to have
representation two solutions were proposed: sectoral representation and party-list the same opportunity to participate in party-list elections would desecrate this lofty
system or proportional representation. The Constitutional Commission chose the party- objective and mongrelize the social justice mechanism into an atrocious veneer for
list system. This Court cannot hold that the party-list system is reserved for the labor, traditional politics.
peasants, urban poor, indigenous cultural communities, women, and youth as
petitioners contend without changing entirely the meaning of the Constitution which in The Case
fact mandates exactly the opposite of the reserved seats system when it provides in Art.
IX, C, 6 that "A free and open party system shall be allowed to evolve according to the
free choice of the people, subject to the provisions of this Article." Before us are two Petitions under Rule 65 of the Rules of Court, challenging Omnibus
Resolution No. 3785 1 issued by the Commission on Elections (Comelec) on March 26,
2001. This Resolution approved the participation of 154 organizations and parties,
6. ID.; PARTY-LIST SYSTEM ACT (R.A. No. 7941); SECTION 2 THEREOF,
including those herein impleaded, in the 2001 party-list elections. Petitioners seek the
CONSTRUED. What Section 2 of RA No. 7941 simply states is that the purpose of
disqualification of private respondents, arguing mainly that the party-list system was
the party-list system is to promote proportional representation in the election of
intended to benefit the marginalized and underrepresented; not the mainstream political
representatives to the House of Representatives and, that to achieve this end, "a full, parties, the non-marginalized or overrepresented.
free and open party system in order to attain the broadest possible representation of
party, sectoral or group interests in the House of Representatives" shall be guaranteed.
Contrary to what the majority claims, 2 does not say that the party-list system is The Factual Antecedents
intended "to enable Filipino citizens belonging to marginalized and underrepresented
sectors, organizations, and parties, and who lack well-defined political constituencies With the onset of the 2001 elections, the Comelec received several Petitions for
but who could contribute to the formulation and enactment of appropriate legislation" to registration filed by sectoral parties, organizations and political parties. According to the
win seats in the House of Representatives. What it says is that the policy of the law is Comelec, "[v]erifications were made as to the status and capacity of these parties and
"to promote proportional representation through a party-list system of registered organizations and hearings were scheduled day and night until the last party w[as]
national, regional, and sectoral parties or organizations or coalitions thereof, which will heard. With the number of these petitions and the observance of the legal and
enable Filipino citizens belonging to marginalized and underrepresented sectors, procedural requirements, review of these petitions as well as deliberations takes a
organizations, and parties, and who lack well-defined political constituencies but who longer process in order to arrive at a decision and as a result the two (2) divisions
could contribute to the formulation and enactment of appropriate legislation" to win promulgated a separate Omnibus Resolution and individual resolution on political
seats in the House. For while the representation of "marginalized and parties. These numerous petitions and processes observed in the disposition of these
underrepresented" sectors is a basic purpose of the law, it is not its only purpose. As petition[s] hinder the early release of the Omnibus Resolutions of the Divisions which
already explained, the aim of proportional representation is to enable those who cannot were promulgated only on 10 February 2001." 2
win in the "winner-take-all" district elections a chance of winning. These groups are not
necessarily limited to the sectors mentioned in 5, i.e., labor, peasants, fisherfolk, urban
Thereafter, before the February 12, 2001 deadline prescribed under Comelec
poor, indigenous cultural communities, the elderly, the handicapped, women, the youth,
Resolution No. 3426 dated December 22, 2000, the registered parties and
veterans, overseas workers, and professionals. These groups can possibly include
organizations filed their respective Manifestations, stating their intention to participate in
other sectors. DHITcS
the party-list elections. Other sectoral and political parties and organizations whose
registrations were denied also filed Motions for Reconsideration, together with
Manifestations of their intent to participate in the party-list elections. Still other registered
parties filed their Manifestations beyond the deadline.
The Comelec gave due course or approved the Manifestations (or accreditations) of 154 two Petitions before it; directed respondents named in the second Petition to file their
parties and organizations, but denied those of several others in its assailed March 26, respective Comments on or before noon of May 15, 2001; and called the parties to an
2001 Omnibus Resolution No. 3785, which we quote: Oral Argument on May 17, 2001. It added that the Comelec may proceed with the
counting and canvassing of votes cast for the party-list elections, but barred the
"We carefully deliberated the foregoing matters, having in mind that proclamation of any winner therein, until further orders of the Court.
this system of proportional representation scheme will encourage
multi-partisan [sic] and enhance the inability of small, new or Thereafter, Comments 14 on the second Petition were received by the Court and, on
sectoral parties or organization to directly participate in this May 17, 2001, the Oral Argument was conducted as scheduled. In an Order given in
electoral window. open court, the parties were directed to submit their respective Memoranda
simultaneously within a non-extendible period of five days. 15
"It will be noted that as defined, the 'party-list system' is a
'mechanism of proportional representation' in the election of Issues:
representatives to the House of Representatives from national,
regional, and sectoral parties or organizations or coalitions thereof During the hearing on May 17, 2001, the Court directed the parties to address the
registered with the Commission on Elections. following issues:

"However, in the course of our review of the matters at bar, we "1. Whether or not recourse under Rule 65 is proper under the
must recognize the fact that there is a need to keep the number of premises. More specifically, is there no other plain, speedy or
sectoral parties, organizations and coalitions, down to a adequate remedy in the ordinary course of law?
manageable level, keeping only those who substantially comply
with the rules and regulations and more importantly the sufficiency
of the Manifestations or evidence on the Motions for "2. Whether or not political parties may participate in the party-list
Reconsiderations or Oppositions." 3 elections.

On April 10, 2001, Akbayan Citizens Action Party filed before the Comelec a Petition "3. Whether or not the party-list system is exclusive to 'marginalized
praying that "the names of [some of herein respondents] be deleted from the 'Certified and underrepresented' sectors and organizations.
List of Political Parties/Sectoral Parties/Organizations/Coalitions Participating in the
Party List System for the May 14, 2001 Elections' and that said certified list be "4. Whether or not the Comelec committed grave abuse of
accordingly amended." It also asked, as an alternative, that the votes cast for the said discretion in promulgating Omnibus Resolution No. 3785." 16
respondents not be counted or canvassed, and that the latter's nominees not be
proclaimed. 4 On April 11, 2001, Bayan Muna and Bayan Muna-Youth also filed a The Court's Ruling
Petition for Cancellation of Registration and Nomination against some of herein
respondents. 5
The Petitions are partly meritorious. These cases should be remanded to the Comelec
which will determine, after summary evidentiary hearings, whether the 154 parties and
On April 18, 2001, the Comelec required the respondents in the two disqualification organizations enumerated in the assailed Omnibus Resolution satisfy the requirements
cases to file Comments within three days from notice. It also set the date for hearing on of the Constitution and RA 7941, as specified in this Decision. ASCTac
April 26, 2001, 6 but subsequently reset it to May 3, 2001. 7 During the hearing,
however, Commissioner Ralph C. Lantion merely directed the parties to submit their
respective memoranda. 8 First Issue:
Recourse Under Rule 65
Meanwhile, dissatisfied with the pace of the Comelec, Ang Bagong Bayani-OFW Labor
Party filed a Petition 9 before this Court on April 16, 2001. This Petition, docketed as Respondents contend that the recourse of both petitioners under Rule 65 is improper
G.R. No. 147589, assailed Comelec Omnibus Resolution No. 3785. In its Resolution because there are other plain, speedy and adequate remedies in the ordinary course of
dated April 17, 2001, 10 the Court directed respondents to comment on the Petition law. 17 The Office of the Solicitor General argues that petitioners should have filed
within a non-extendible period of five days from notice. 11 before the Comelec a petition either for disqualification or for cancellation of registration,
pursuant to Sections 19, 20, 21 and 22 of Comelec Resolution No. 3307-A 18 dated
On April 17, 2001, Petitioner Bayan Muna also filed before this Court a Petition, 12 November 9, 2000. 19
docketed as G.R. No. 147613, also challenging Comelec Omnibus Resolution No.
3785. In its Resolution dated May 9, 2001, 13 the Court ordered the consolidation of the
We disagree. At bottom, petitioners attack the validity of Comelec Omnibus Resolution party-list system is, in fact, open to all "registered national, regional and sectoral parties
3785 for having been issued with grave abuse of discretion, insofar as it allowed or organizations." 29
respondents to participate in the party-list elections of 2001. Indeed, under both the
Constitution 20 and the Rules of Court, such challenge may be brought before this We now rule on this issue. Under the Constitution and RA 7941, private respondents
Court in a verified petition for certiorari under Rule 65. 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
Moreover, the assailed Omnibus Resolution was promulgated by Respondent House of Representatives may "be elected through a party-list system of registered
Commission en banc; hence, no motion for reconsideration was possible, it being a national, regional, and sectoral parties or organizations."
prohibited pleading under Section 1 (d), Rule 13 of the Comelec Rules of Procedure. 21
Furthermore, under Sections 7 and 8, Article IX (C) of the Constitution, political parties
The Court also notes that Petitioner Bayan Muna had filed before the Comelec a may be registered under the party-list system.
Petition for Cancellation of Registration and Nomination against some of herein
respondents. 22 The Comelec, however, did not act on that Petition. In view of the "Sec. 7. No votes cast in favor of a political party, organization, or
pendency of the elections, Petitioner Bayan Muna sought succor from this Court, for coalition shall be valid, except for those registered under the party-
there was no other adequate recourse at the time. Subsequent events have proven the list system as provided in this Constitution.
urgency of petitioner's action; to this date, the Comelec has not yet formally resolved the
Petition before it. But a resolution may just be a formality because the Comelec, through
the Office of the Solicitor General, has made its position on the matter quite clear. "Sec. 8. Political parties, or organizations or coalitions registered
under the party-list system, shall not be represented in the voters'
registration boards, boards of election inspectors, boards of
In any event, thesse cases present an exception to the rule that certiorari shall lie only canvassers, or other similar bodies. However, they shall be entitled
in the absence of any other plain, speedy and adequate remedy. 23 It has been held to appoint poll watchers in accordance with law." 30
that certiorari is available, notwithstanding the presence of other remedies, "where the
issue raised is one purely of law, where public interest is involved, and in case of
urgency." 24 Indeed, the instant case is indubitably imbued with public interest and with During the deliberations in the Constitutional Commission, Comm. Christian S. Monsod
extreme urgency, for it potentially involves the composition of 20 percent of the House pointed out that the participants in the party-list system may "be a regional party, a
of Representatives. sectoral party, a national party, UNIDO, 31 Magsasaka, or a regional party in
Mindanao." 32 This was also clear from the following exchange between Comms. Jaime
Tadeo and Blas Ople: 33
Moreover, this case raises transcendental constitutional issues on the party-list system,
which this Court must urgently resolve, consistent with its duty to "formulate guiding and
controlling constitutional principles, precepts, doctrines, or rules." 25 "MR. TADEO.

Naniniwala ba kayo na ang party list ay pwedeng paghati-hatian ng


UNIDO, PDP-Laban, PNP, Liberal at Nacionalista?
Finally, procedural requirements "may be glossed over to prevent a miscarriage of
justice, when the issue involves the principle of social justice . . . when the decision MR. OPLE.
sought to be set aside is a nullity, or when the need for relief is extremely urgent and
certiorari is the only adequate and speedy remedy available." 26 Maaari yan sapagkat bukas ang party list system sa lahat ng mga
partido."
Second Issue:
Participation of Political Parties Indeed, Commissioner Monsod stated that the purpose of the party-list provision was to
open up the system, in order to give a chance to parties that consistently place third or
fourth in congressional district elections to win a seat in Congress. 34 He explained:
In its Petition, Ang Bagong Bayani-OFW Labor Party contends that "the inclusion of "The purpose of this is to open the system. In the past elections, we found out that there
political parties in the party-list system is the most objectionable portion of the were certain groups or parties that, if we count their votes nationwide, have about
questioned Resolution." 27 For its part, Petitioner Bayan Muna objects to the 1,000,000 or 1,500,000 votes. But they were always third or fourth place in each of the
participation of "major political parties." 28 On the other hand, the Office of the Solicitor districts. So, they have no voice in the Assembly. But this way, they would have five or
General, like the impleaded political parties, submits that the Constitution and RA No. six representatives in the Assembly even if they would not win individually in legislative
7941 allow political parties to participate in the party-list elections. It argues that the districts. So, that is essentially the mechanics, the purpose and objectives of the party-
list system."
For its part, Section 2 of RA 7941 also provides for "a party-list system of registered election from the labor, peasant, urban poor, indigenous cultural
national, regional and sectoral parties or organizations or coalitions thereof, . . . ." communities, women, youth, and such other sectors as may be
Section 3 expressly states that a "party" is "either a political party or a sectoral party or a provided by law, except the religious sector." (Italics supplied.)
coalition of parties." More to the point, the law defines "political party" as "an organized
group of citizens advocating an ideology or platform, principles and policies for the Notwithstanding the sparse language of the provision, a distinguished member of the
general conduct of government and which, as the most immediate means of securing Constitutional Commission declared that the purpose of the party-list provision was to
their adoption, regularly nominates and supports certain of its leaders and members as give "genuine power to our people" in Congress. Hence, when the provision was
candidates for public office." discussed, he exultantly announced: "On this first day of August 1986, we shall,
hopefully, usher in a new chapter to our national history, by giving genuine power to our
Furthermore, Section 11 of RA 7941 leaves no doubt as to the participation of political people in the legislature." 35
parties in the party-list system. We quote the pertinent provision below:
The foregoing provision on the party-list system is not self-executory. It is, in fact,
"xxx xxx xxx 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.
"For purposes of the May 1998 elections, the first five (5) major Hence, RA 7941 was enacted. It laid out the statutory policy in this wise:
political parties on the basis of party representation in the House of
Representatives at the start of the Tenth Congress of the "SEC. 2. Declaration of Policy. The State shall promote
Philippines shall not be entitled to participate in the party-list proportional representation in the election of representatives to the
system. House of Representatives through a party-list system of registered
national, regional and sectoral parties or organizations or coalitions
"xxx xxx xxx" thereof, which will enable Filipino citizens belonging to marginalized
and underrepresented sectors, organizations and parties, and who
lack well-defined political constituencies but who could contribute to
Indubitably, therefore, political parties even the major ones may participate in the the formulation and enactment of appropriate legislation that will
party-list elections. benefit the nation as a whole, to become members of the House of
Representatives. Towards this end, the State shall develop and
Third Issue: guarantee a full, free and open party system in order to attain the
broadest possible representation of party, sectoral or group
Marginalized and Underrepresented
interests in the House of Representatives by enhancing their
chances to compete for and win seats in the legislature, and shall
That political parties may participate in the party-list elections does not mean, however, provide the simplest scheme possible."
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
The Marginalized and Underrepresented
of the party-list system, as laid down in the Constitution and RA 7941. Section 5, Article
to Become Lawmakers Themselves
VI of the Constitution, provides as follows:

The foregoing provision mandates a state policy of promoting proportional


"(1) The House of Representatives shall be composed of not more
representation by means of the Filipino-style party-list system, which will "enable" the
than two hundred and fifty members, unless otherwise fixed by law,
election to the House of Representatives of Filipino citizens,
who shall be elected from legislative districts apportioned among
the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and on 1. who belong to marginalized and underrepresented sectors,
the basis of a uniform and progressive ratio, and those who, as organizations and parties; and
provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or organizations. 2. who lack well-defined constituencies; but

(2) The party-list representatives shall constitute twenty per centum 3. who could contribute to the formulation and enactment of
of the total number of representatives including those under the appropriate legislation that will benefit the nation as a
party list. For three consecutive terms after the ratification of this whole.
Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or
The key words in this policy are "proportional representation," "marginalized and require: Provided, that the sector shall include labor, peasant,
underrepresented," and "lack [of] well-defined constituencies." fisherfolk, urban poor, indigenous cultural communities, elderly,
handicapped, women, youth, veterans, overseas workers, and
"Proportional representation" here does not refer to the number of people in a particular professionals."
district, because the party-list election is national in scope. Neither does it allude to
numerical strength in a distressed or oppressed group. Rather, it refers to the While the enumeration of marginalized and underrepresented sectors is not exclusive, it
representation of the "marginalized and underrepresented" as exemplified by the demonstrates the clear intent of the law that not all sectors can be represented under
enumeration in Section 5 of the law; namely, "labor, peasant, fisherfolk, urban poor, the party-list system. It is a fundamental principle of statutory construction that words
indigenous cultural communities, elderly, handicapped, women, youth, veterans, employed in a statute are interpreted in connection with, and their meaning is
overseas workers, and professionals." ascertained by reference to, the words and the phrases with which they are associated
or related. Thus, the meaning of a term in a statute may be limited, qualified or
However, it is not enough for the candidate to claim representation of the marginalized specialized by those in immediate association. 38
and underrepresented, because representation is easy to claim and to feign. The party-
list organization or party must factually and truly represent the marginalized and The Party-List System Desecrated
underrepresented constituencies mentioned in Section 5. 36 Concurrently, the persons by the OSG Contentions
nominated by the party-list candidate-organization must be "Filipino citizens belonging
to marginalized and underrepresented sectors, organizations and parties." Notwithstanding the unmistakable statutory policy, the Office of the Solicitor General
submits that RA No. 7941 "does not limit the participation in the party-list system to the
Finally, "lack of well-defined constituenc[y]" refers to the absence of a traditionally marginalized and underrepresented sectors of society." 39 In fact, it contends that any
identifiable electoral group, like voters of a congressional district or territorial unit of party or group that is not disqualified under Section 6 40 of RA 7941 may participate in
government. Rather, it points again to those with disparate interests identified with the the elections. Hence, it admitted during the Oral Argument that even an organization
"marginalized or underrepresented." representing the super rich of Forbes Park or Dasmarias Village could participate in
the party-list elections. 41

The declared policy of RA 7941 contravenes the position of the Office of the Solicitor
In the end, the role of the Comelec is to see to it that only those Filipinos who are General (OSG). We stress that the party-list system seeks to enable certain Filipino
"marginalized and underrepresented" become members of Congress under the party- citizens specifically those belonging to marginalized and underrepresented sectors,
list system, Filipino-style. organizations and parties to be elected to the House of Representatives. The
assertion of the OSG that the party-list system is not exclusive to the marginalized and
underrepresented disregards the clear statutory policy. Its claim that even the super-rich
The intent of the Constitution is clear: to give genuine power to the people, not only by and overrepresented can participate desecrates the spirit of the party-list system.
giving more law to those who have less in life, but more so by enabling them to become
veritable lawmakers themselves. Consistent with this intent, the policy of the
implementing law, we repeat, is likewise clear: "to enable Filipino citizens belonging to Indeed, the law crafted to address the peculiar disadvantages of Payatas hovel dwellers
marginalized and underrepresented sectors, organizations and parties, . . . , to become cannot be appropriated by the mansion owners of Forbes Park. The interests of these
members of the House of Representatives." Where the language of the law is clear, it two sectors are manifestly disparate; hence, the OSG's position to treat them similarly
must be applied according to its express terms. 37 defies reason and common sense. In contrast, and with admirable candor, Atty. Lorna
Patajo-Kapunan 42 admitted during the Oral Argument that a group of bankers,
industrialists and sugar planters could not join the party-list system as representatives of
The marginalized and underrepresented sectors to be represented under the party-list their respective sectors. 43
system are enumerated in Section 5 of RA 7941, which states:
While the business moguls and the mega-rich are, numerically speaking, a tiny minority,
"SEC. 5. Registration. Any organized group of persons may they are neither marginalized nor underrepresented, for the stark reality is that their
register as a party, organization or coalition for purposes of the economic clout engenders political power more awesome than their numerical limitation.
party-list system by filing with the COMELEC not later than ninety Traditionally, political power does not necessarily emanate from the size of one's
(90) days before the election a petition verified by its president or constituency; indeed, it is likely to arise more directly from the number and amount of
secretary stating its desire to participate in the party-list system as one's bank accounts.
a national, regional or sectoral party or organization or a coalition of
such parties or organizations, attaching thereto its constitution, by-
laws, platform or program of government, list of officers, coalition It is ironic, therefore, that the marginalized and underrepresented in our midst are the
agreement and other relevant information as the COMELEC may majority who wallow in poverty, destitution and infirmity. It was for them that the party-
list system was enacted to give them not only genuine hope, but genuine power; to The Separate Opinions of our distinguished colleagues, Justices Jose C. Vitug and
give them the opportunity to be elected and to represent the specific concerns of their Vicente V. Mendoza, are anchored mainly on the supposed intent of the framers of the
constituencies; and simply to give them a direct voice in Congress and in the larger Constitution as culled from their deliberations.
affairs of the State. In its noblest sense, the party-list system truly empowers the
masses and ushers a new hope for genuine change. Verily, it invites those marginalized The fundamental principle in constitutional construction, however, is that the primary
and underrepresented in the past the farm hands, the fisher folk, the urban poor, source from which to ascertain constitutional intent or purpose is the language of the
even those in the underground movement to come out and participate, as indeed provision itself. The presumption is that the words in which the constitutional provisions
many of them came out and participated during the last elections. The State cannot now are couched express the objective sought to be attained. 46 In other words, verba legis
disappoint and frustrate them by disabling and desecrating this social justice vehicle. still prevails. Only when the meaning of the words used is unclear and equivocal should
resort be made to extraneous aids of construction and interpretation, such as the
Because the marginalized and underrepresented had not been able to win in the proceedings of the Constitutional Commission or Convention, in order to shed light on
congressional district elections normally dominated by traditional politicians and vested and ascertain the true intent or purpose of the provision being construed. 47
groups, 20 percent of the seats in the House of Representatives were set aside for the
party-list system. In arguing that even those sectors who normally controlled 80 percent Indeed, as cited in the Separate Opinion of Justice Mendoza, this Court stated in Civil
of the seats in the House could participate in the party-list elections for the remaining 20 Liberties Union v. Executive Secretary 48 that "the debates and proceedings of the
percent, the OSG and the Comelec disregard the fundamental difference between the constitutional convention [may be consulted] in order to arrive at the reason and
congressional district elections and the party-list elections. purpose of the resulting Constitution . . . only when other guides fail as said proceedings
are powerless to vary the terms of the Constitution when the meaning is clear. Debates
As earlier noted, the purpose of the party-list provision was to open up the system, 44 in in the constitutional convention 'are of value as showing the views of the individual
order to enhance the chance of sectoral groups and organizations to gain members, and as indicating the reason for their votes, but they give us no light as to the
representation in the House of Representatives through the simplest scheme possible. views of the large majority who did not talk, much less of the mass or our fellow citizens
45 Logic shows that the system has been opened to those who have never gotten a whose votes at the polls gave that instrument the force of fundamental law. We think it
foothold within it those who cannot otherwise win in regular elections and who safer to construe the constitution from what appears upon its face.' The proper
therefore need the "simplest scheme possible" to do so. Conversely, it would be illogical interpretation therefore depends more on how it was understood by the people adopting
to open the system to those who have long been within it those privileged sectors it than in the framers' understanding thereof."
that have long dominated the congressional district elections.

The import of the open party-list system may be more vividly understood when
compared to a student dormitory "open house," which by its nature allows outsiders to Section 5, Article VI of the Constitution, relative to the party-list system, is couched in
enter the facilities. Obviously, the "open house" is for the benefit of outsiders only, not clear terms: the mechanics of the system shall be provided by law. Pursuant thereto,
the dormers themselves who can enter the dormitory even without such special Congress enacted RA 7941. In understanding and implementing party-list
privilege. In the same vein, the open party-list system is only for the "outsiders" who representation, we should therefore look at the law first. Only when we find its
cannot get elected through regular elections otherwise; it is not for the non-marginalized provisions ambiguous should the use of extraneous aids of construction be resorted to.
or overrepresented who already fill the ranks of Congress.
But, as discussed earlier, the intent of the law is obvious and clear from its plain words.
Verily, allowing the non-marginalized and overrepresented to vie for the remaining seats Section 2 thereof unequivocally states that the party-list system of electing
under the party-list system would not only dilute, but also prejudice the chance of the congressional representatives was designed to "enable underrepresented sectors,
marginalized and underrepresented, contrary to the intention of the law to enhance it. organizations and parties, and who lack well-defined political constituencies but who
The party-list system is a tool for the benefit of the underprivileged; the law could not could contribute to the formulation and enactment of appropriate legislation that will
have given the same tool to others, to the prejudice of the intended beneficiaries. benefit the nation as a whole . . ." The criteria for participation is well defined. Thus,
HDAaIc there is no need for recourse to constitutional deliberations, not even to the proceedings
of Congress. In any event, the framers' deliberations merely express their individual
This Court, therefore, cannot allow the party-list system to be sullied and prostituted by opinions and are, at best, only persuasive in construing the meaning and purpose of the
those who are neither marginalized nor underrepresented. It cannot let that flicker of constitution or statute.
hope be snuffed out. The clear state policy must permeate every discussion of the
qualification of political parties and other organizations under the party-list system. Be it remembered that the constitutionality or validity of Sections 2 and 5 of RA 7941 is
not an issue here. Hence, they remain parts of the law, which must be applied plainly
Refutation of the and simply.
Separate Opinions
Fourth Issue: following guidelines, culled from the law and the Constitution, to assist the Comelec in
its work.
Grave Abuse of Discretion

First, the political party, sector, organization or coalition must represent the marginalized
From its assailed Omnibus Resolution, it is manifest that the Comelec failed to
and underrepresented groups identified in Section 5 of RA 7941. In other words, it must
appreciate fully the clear policy of the law and the Constitution. On the contrary, it
show through its constitution, articles of incorporation, by laws, history, platform of
seems to have ignored the facet of the party-list system discussed above. The OSG as
government and track record that it represents and seeks to uplift marginalized and
its counsel admitted before the Court that any group, even the non-marginalized and
underrepresented sectors. Verily, majority of its membership should belong to the
overrepresented, could field candidates in the party-list elections.
marginalized and underrepresented. And it must demonstrate that in a conflict of
interests, it has chosen or is likely to choose the interest of such sectors.
When a lower court, or a quasi-judicial agency like the Commission on Elections,
violates or ignores the Constitution or the law, its action can be struck down by this
Second, while even major political parties are expressly allowed by RA 7941 and the
Court on the ground of grave abuse of discretion. 49 Indeed, the function of all judicial
Constitution to participate in the party-list system, they must comply with the declared
and quasi-judicial instrumentalities is to apply the law as they find it, not to reinvent or
statutory policy of enabling "Filipino citizens belonging to marginalized and
second-guess it. 50
underrepresented sectors . . . to be elected to the House of Representatives." In other
words, while they are not disqualified merely on the ground that they are political
In its Memorandum, Petitioner Bayan Muna passionately pleads for the outright parties, they must show, however, that they represent the interests of the marginalized
disqualification of the major political parties Respondents Lakas-NUCD, LDP, NPC, and underrepresented. The counsel of Aksyon Demokratiko and other similarly situated
LP and PMP on the ground that under Comelec Resolution No. 4073, they have political parties admitted as much during the Oral Argument, as the following quote
been accredited as the five (six, including PDP-Laban) major political parties in the May shows:
14, 2001 elections. It argues that because of this, they have the "advantage of getting
official Comelec Election Returns, Certificates of Canvass, preferred poll watchers . . . ."
"JUSTICE PANGANIBAN:
We note, however, that this accreditation does not refer to the party-list election, but,
inter alia, to the election of district representatives for the purpose of determining which
parties would be entitled to watchers under Section 26 of Republic Act No. 7166. I am not disputing that in my question. All I am saying is, the
political party must claim to represent the marginalized
and underrepresented sectors?
What is needed under the present circumstances, however, is a factual determination of
whether respondents herein and, for that matter, all the 154 previously approved
groups, have the necessary qualifications to participate in the party-list elections, ATTY. KAPUNAN:
pursuant to the Constitution and the law.
Yes, Your Honor, the answer is yes." 52
Bayan Muna also urges us to immediately rule out Respondent Mamamayan Ayaw sa
Droga (MAD), because "it is a government entity using government resources and Third, in view of the objections 53 directed against the registration of Ang Buhay
privileges." This Court, however, is not a trier of facts. 51 It is not equipped to receive Hayaang Yumabong, which is allegedly a religious group, the Court notes the express
evidence and determine the truth of such factual allegations. constitutional provision that the religious sector may not be represented in the party-list
system. The extent of the constitutional proscription is demonstrated by the following
Basic rudiments of due process require that respondents should first be given an discussion during the deliberations of the Constitutional Commission:
opportunity to show that they qualify under the guidelines promulgated in this Decision,
before they can be deprived of their right to participate in and be elected under the "MR. OPLE. . . .
party-list system.
In the event that a certain religious sect with nationwide and even
Guidelines for Screening international networks of members and supporters, in
Party-List Participants order to circumvent this prohibition, decides to form its
own political party in emulation of those parties I had
The Court, therefore, deems it proper to remand the case to the Comelec for the latter mentioned earlier as deriving their inspiration and
to determine, after summary evidentiary hearings, whether the 154 parties and philosophies from well-established religious faiths, will that
organizations allowed to participate in the party-list elections comply with the also not fall within this prohibition?
requirements of the law. In this light, the Court finds it appropriate to lay down the
MR. MONSOD.
If the evidence shows that the intention is to go around the (8) It fails to participate in the last two (2) preceding elections or
prohibition, then certainly the Comelec can pierce through fails to obtain at least two per centum (2%) of the votes
the legal fiction." 54 cast under the party-list system in the two (2) preceding
elections for the constituency in which it has registered."
The following discussion is also pertinent: 59

"MR. VILLACORTA. Note should be taken of paragraph 5, which disqualifies a party or group for violation of
or failure to comply with election laws and regulations. These laws include Section 2 of
RA 7941, which states that the party-list system seeks to "enable Filipino citizens
When the Commissioner proposed "EXCEPT RELIGIOUS belonging to marginalized and underrepresented sectors, organizations and parties . . .
GROUPS," he is not, of course, prohibiting priests, imams to become members of the House of Representatives." A party or an organization,
or pastors who may be elected by, say, the indigenous therefore, that does not comply with this policy must be disqualified.
community sector to represent their group.
Fifth, the party or organization must not be an adjunct of, or a project organized or an
REV. RIGOS. entity funded or assisted by, the government. By the very nature of the party-list system,
the party or organization must be a group of citizens, organized by citizens and
Not at all, but I am objecting to anybody who represents the Iglesia operated by citizens. It must be independent of the government. The participation of the
ni Kristo, the Catholic Church, the Protestant Church et government or its officials in the affairs of a party-list candidate is not only illegal 60 and
cetera." 55 unfair to other parties, but also deleterious to the objective of the law: to enable citizens
belonging to marginalized and underrepresented sectors and organizations to be
Furthermore, the Constitution provides that "religious denominations and sects shall not elected to the House of Representatives.
be registered." 56 The prohibition was explained by a member 57 of the Constitutional
Commission in this wise: "[T]he prohibition is on any religious organization registering
as a political party. I do not see any prohibition here against a priest running as a
candidate. That is not prohibited here; it is the registration of a religious sect as a Sixth, the party must not only comply with the requirements of the law; its nominees
political party." 58 must likewise do so. Section 9 of RA 7941 reads as follows:

Fourth, a party or an organization must not be disqualified under Section 6 of RA 7941, SEC. 9. Qualifications of Party-List Nominees. No person shall
which enumerates the grounds for disqualification as follows: be nominated as party-list representative unless he is a natural-
born citizen of the Philippines, a registered voter, a resident of the
"(1) It is a religious sect or denomination, organization or Philippines for a period of not less than one (1) year immediately
association organized for religious purposes; preceding the day of the election, able to read and write, a bona
fide member of the party or organization which he seeks to
(2) It advocates violence or unlawful means to seek its goal; represent for at least ninety (90) days preceding the day of the
election, and is at least twenty-five (25) years of age on the day of
the election.
(3) It is a foreign party or organization;
In case of a nominee of the youth sector, he must at least be
(4) It is receiving support from any foreign government, foreign twenty-five (25) but not more than thirty (30) years of age on the
political party, foundation, organization, whether directly or day of the election. Any youth sectoral representative who attains
through any of its officers or members or indirectly through the age of thirty (30) during his term shall be allowed to continue in
third parties for partisan election purposes; office until the expiration of his term."

(5) It violates or fails to comply with laws, rules or regulations Seventh, not only the candidate party or organization must represent marginalized and
relating to elections; underrepresented sectors; so also must its nominees. To repeat, under Section 2 of RA
7941, the nominees must be Filipino citizens "who belong to marginalized and
(6) It declares untruthful statements in its petition; underrepresented sectors, organizations and parties." Surely, the interests of the youth
cannot be fully represented by a retiree; neither can those of the urban poor or the
(7) It has ceased to exist for at least one (1) year; or
working class, by an industrialist. To allow otherwise is to betray the State policy to give the Comelec itself will have complied and reported its compliance with the foregoing
genuine representation to the marginalized and underrepresented. disposition.

Eighth, as previously discussed, while lacking a well-defined political constituency, the This Decision is immediately executory upon the Commission on Elections' receipt
nominee must likewise be able to contribute to the formulation and enactment of thereof. No pronouncement as to costs.
appropriate legislation that will benefit the nation as a whole. Senator Jose Lina
explained during the bicameral committee proceedings that "the nominee of a party, SO ORDERED.
national or regional, is not going to represent a particular district . . ." 61
||| (Ang Bagong Bayani-OFW v. COMELEC, G.R. No. 147589, 147613, June 26, 2001)
Epilogue

The linchpin of this case is the clear and plain policy of the law: "to enable Filipino EN BANC
citizens belonging to marginalized and underrepresented sectors, organizations and
parties, and who lack well-defined political constituencies but who could contribute to
the formulation and enactment of appropriate legislation that will benefit the nation as a [G.R. No. 136781. October 6, 2000]
whole, to become members of the House of Representatives."
VETERANS FEDERATION PARTY, ALYANSANG BAYANIHAN NG MGA
Crucial to the resolution of this case is the fundamental social justice principle that those MAGSASAKA, MANGGAGAWANG BUKID AT MANGINGISDA, ADHIKAIN AT
who have less in life should have more in law. The party-list system is one such tool KILUSAN NG ORDINARYONG TAO PARA SA LUPA, PABAHAY AT KAUNLARAN,
intended to benefit those who have less in life. It gives the great masses of our people and LUZON FARMERS PARTY, petitioners, vs. COMMISSION ON ELECTIONS, PAG-
genuine hope and genuine power. It is a message to the destitute and the prejudiced, ASA, SENIOR CITIZENS, AKAP AKSYON, PINATUBO, NUPA, PRP, AMIN, PAG-ASA,
and even to those in the underground, that change is possible. It is an invitation for MAHARLIKA, OCW-UNIFIL, PCCI, AMMA-KATIPUNAN, KAMPIL, BANTAY-BAYAN,
them to come out of their limbo and seize the opportunity. AFW, ANG LAKAS OCW, WOMEN-POWER, INC., FEJODAP, CUP, VETERANS
CARE, 4L, AWATU, PMP, ATUCP, NCWP, ALU, BIGAS, COPRA, GREEN,
ANAKBAYAN, ARBA, MINFA, AYOS, ALL COOP, PDP-LABAN, KATIPUNAN,
Clearly, therefore, the Court cannot accept the submissions of the Comelec and the ONEWAY PRINT, AABANTE KA PILIPINAS -- All Being Party-List
other respondents that the party-list system is, without any qualification, open to all. Parties/Organizations -- and Hon. MANUEL B. VILLAR, JR. in His Capacity as Speaker
Such position does not only weaken the electoral chances of the marginalized and of the House of Representatives, respondents.
underrepresented; it also prejudices them. It would gut the substance of the party-list
system. Instead of generating hope, it would create a mirage. Instead of enabling the
marginalized, it would further weaken them and aggravate their marginalization. [G.R. No. 136786. October 6, 2000]

In effect, the Comelec would have us believe that the party-list provisions of the AKBAYAN! (CITIZENS' ACTION PARTY), ADHIKAIN AT KILUSAN NG
Constitution and RA 7941 are nothing more than a play on dubious words, a mockery of ORDINARYONG TAO PARA SA LUPA, PABAHAY AT KAUNLARAN (AKO), and
noble intentions, and an empty offering on the altar of people empowerment. Surely, ASSOCIATION OF PHILIPPINE ELECTRIC COOPERATIVES (APEC), petitioners, vs.
this could not have been the intention of the framers of the Constitution and the makers COMMISSION ON ELECTIONS (COMELEC), HOUSE OF REPRESENTATIVES
of RA 7941. represented by Speaker Manuel B. Villar, PAG-ASA, SENIOR CITIZENS, AKAP,
AKSYON, PINATUBO, NUPA, PRP, AMIN, MAHARLIKA, OCW, UNIFIL, PCCI, AMMA-
KATIPUNAN, KAMPIL, BANTAY-BAYAN, AFW, ANG LAKAS OCW, WOMENPOWER
WHEREFORE, this case is REMANDED to the Comelec, which is hereby DIRECTED to INC., FEJODAP, CUP, VETERANS CARE, FOUR "L", AWATU, PMP, ATUCP, NCWP,
immediately conduct summary evidentiary hearings on the qualifications of the party-list ALU, BIGAS, COPRA, GREEN, ANAK-BAYAN, ARBA, MINFA, AYOS, ALL COOP,
participants in the light of the guidelines enunciated in this Decision. Considering the PDP-LABAN, KATIPUNAN, ONEWAY PRINT, AABANTE KA PILIPINAS, respondents.
extreme urgency of determining the winners in the last party-list elections, the Comelec
is directed to begin its hearings for the parties and organizations that appear to have
garnered such number of votes as to qualify for seats in the House of Representatives. [G.R. No. 136795. October 6, 2000]
The Comelec is further DIRECTED to submit to this Court its compliance report within
30 days from notice hereof. ALAGAD (PARTIDO NG MARALITANG-LUNGSOD), NATIONAL CONFEDERATION
OF SMALL COCONUT FARMERS' ORGANIZATIONS (NCSFCO), and LUZON
The Resolution of this Court dated May 9, 2001, directing the Comelec "to refrain from FARMERS' PARTY (BUTIL), petitioners, vs. COMMISSION ON ELECTIONS, SENIOR
proclaiming any winner" during the last party-list election, shall remain in force until after CITIZENS, AKAP, AKSYON, PINATUBO, NUPA, PRP, AMIN, PAG-ASA, MAHARLIKA,
OCW, UNIFIL, PCCI, AMMA-KATIPUNAN, KAMPIL, BANTAY-BAYAN, AFW, ANG
LAKAS OCW, WOMENPOWER INC., FEJODAP, CUP, VETERANS CARE, 4L, which demand innovative legal solutions convertible into mathematical formulations
AWATU, PMP, ATUCP, NCWP, ALU, BIGAS, COPRA, GREEN, ANAK-BAYAN, ARBA, which are, in turn, anchored on time-tested jurisprudence.
MINFA, AYOS, ALL COOP, PDP-LABAN, KATIPUNAN, ONEWAY PRINT, and
AABANTE KA PILIPINAS, respondents. The Case

DECISION Before the Court are three consolidated Petitions for Certiorari (with applications for the
issuance of a temporary restraining order or writ of preliminary injunction) under Rule 65
PANGANIBAN, J.:* of the Rules of Court, assailing (1) the October 15, 1998 Resolution1[1] of the
Commission on Elections (Comelec), Second Division, in Election Matter 98-065;2[2]
Prologue and (2) the January 7, 1999 Resolution3[3] of the Comelec en banc, affirming the said
disposition. The assailed Resolutions ordered the proclamation of thirty-eight (38)
additional party-list representatives "to complete the full complement of 52 seats in the
To determine the winners in a Philippine-style party-list election, the Constitution and House of Representatives as provided under Section 5, Article VI of the 1987
Republic Act (RA) No. 7941 mandate at least four inviolable parameters. These are: Constitution and R.A. 7941.

First, the twenty percent allocation - the combined number of all party-list The Facts and the Antecedents
congressmen shall not exceed twenty percent of the total membership of the House of
Representatives, including those elected under the party list.
Our 1987 Constitution introduced a novel feature into our presidential system of
government -- the party-list method of representation. Under this system, any national,
Second, the two percent threshold - only those parties garnering a minimum of two regional or sectoral party or organization registered with the Commission on Elections
percent of the total valid votes cast for the party-list system are qualified to have a seat may participate in the election of party-list representatives who, upon their election and
in the House of Representatives; proclamation, shall sit in the House of Representatives as regular members.4[4] In
effect, a voter is given two (2) votes for the House -- one for a district congressman and
Third, the three-seat limit - each qualified party, regardless of the number of votes it another for a party-list representative.5[5]
actually obtained, is entitled to a maximum of three seats; that is, one qualifying and
two additional seats.

Fourth, proportional representation - the additional seats which a qualified party is


entitled to shall be computed in proportion to their total number of votes.

Because the Comelec violated these legal parameters, the assailed Resolutions must
be struck down for having been issued in grave abuse of discretion. The poll body is
mandated to enforce and administer election-related laws. It has no power to
contravene or amend them. Neither does it have authority to decide the wisdom,
propriety or rationality of the acts of Congress.

Its bounden duty is to craft rules, regulations, methods and formulas to implement
election laws -- not to reject, ignore, defeat, obstruct or circumvent them.

In fine, the constitutional introduction of the party-list system - a normal feature of


parliamentary democracies - into our presidential form of government, modified by
unique Filipino statutory parameters, presents new paradigms and novel questions,
Specifically, this system of representation is mandated by Section 5, Article VI of the (a) The parties, organizations, and coalitions shall be ranked from the highest to the
Constitution, which provides: lowest based on the number of votes they garnered during the elections.

Sec. 5. (1) The House of Representatives shall be composed of not more than two (b) The parties, organizations, and coalitions receiving at least two percent (2%) of the
hundred and fifty members, unless otherwise fixed by law, who shall be elected from total votes cast for the party-list system shall be entitled to one seat each; Provided,
legislative districts apportioned among the provinces, cities, and the Metropolitan Manila That those garnering more than two percent (2%) of the votes shall be entitled to
area in accordance with the number of their respective inhabitants, and on the basis of additional seats in proportion to their total number of votes; Provided, finally, That each
a uniform and progressive ratio, and those who, as provided by law, shall be elected by party, organization, or coalition shall be entitled to not more than three (3) seats.
a party-list system of registered national, regional, and sectoral parties or organizations.
Pursuant to Section 18 of RA 7941, the Comelec en banc promulgated Resolution No.
(2) The party-list representatives shall constitute twenty per centum of the total number 2847, prescribing the rules and regulations governing the election of party-list
of representatives including those under the party-list. For three consecutive terms after representatives through the party-list system.
the ratification of this Constitution, one half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election from the Election of the Fourteen Party-List Representatives
labor, peasant, urban poor, indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector.
On May 11, 1998, the first election for party-list representation was held simultaneously
with the national elections. A total of one hundred twenty-three (123) parties,
Complying with its constitutional duty to provide by law the selection or election of organizations and coalitions participated. On June 26, 1998, the Comelec en banc
party-list representatives, Congress enacted RA 7941 on March 3, 1995. Under this proclaimed thirteen (13) party-list representatives from twelve (12) parties and
statutes policy declaration, the State shall "promote proportional representation in the organizations, which had obtained at least two percent of the total number of votes cast
election of representatives to the House of Representatives through a party-list system for the party-list system. Two of the proclaimed representatives belonged to Petitioner
of registered national, regional and sectoral parties or organizations or coalitions APEC, which obtained 5.5 percent of the votes. The proclaimed winners and the votes
thereof, which will enable Filipino citizens belonging to marginalized and cast in their favor were as follows:6[6]
underrepresented sectors, organizations and parties, and who lack well-defined political
constituencies but who could contribute to the formulation and enactment of appropriate
legislation that will benefit the nation as a whole, to become members of the House of Party/Organization/ Number of Percentage of Nominees
Representatives. Towards this end, the State shall develop and guarantee a full, free Coalition Votes Obtained Total Votes
and open party system in order to attain the broadest possible representation of party, 1. APEC 503,487 5.5% Rene M. Silos
sectoral or group interests in the House of Representatives by enhancing their chances Melvyn D.
to compete for and win seats in the legislature, and shall provide the simplest scheme Eballe
possible. (italics ours.) 2. ABA 321,646 3.51% Leonardo Q. Montemayor
3. ALAGAD 312,500 3.41% Diogenes S. Osabel
4. VETERANS 304,802 3.33% Eduardo P. Pilapil
The requirements for entitlement to a party-list seat in the House are prescribed by this FEDERATION
law (RA 7941) in this wise: 5. PROMDI 255,184 2.79% Joy A.G. Young
6. AKO 239,042 2.61% Ariel A. Zartiga
Sec. 11. Number of Party-List Representatives. -- The party-list representatives shall 7. NCSCFO 238,303 2.60% Gorgonio P. Unde
constitute twenty per centum (20%) of the total number of the members of the House of 8. ABANSE! PINAY 235,548 2.57% Patricia M. Sarenas
Representatives including those under the party-list. 9. AKBAYAN 232,376 2.54% Loreta Ann P. Rosales
10. BUTIL 215,643 2.36% Benjamin A. Cruz
For purposes of the May 1998 elections, the first five (5) major political parties on the 11. SANLAKAS 194,617 2.13% Renato B. Magtubo
basis of party representation in the House of Representatives at the start of the Tenth 12. COOP-NATCCO 189,802 2.07% Cresente C. Paez
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:
After passing upon the results of the special elections held on July 4, 18, and 25, 1998, "how the 52 seats should be filled up." First, "the system was conceived to enable the
the Comelec en banc further determined that COCOFED (Philippine Coconut Planters marginalized sectors of the Philippine society to be represented in the House of
Federation, Inc.) was entitled to one party-list seat for having garnered 186,388 votes, Representatives." Second, "the system should represent the broadest sectors of the
which were equivalent to 2.04 percent of the total votes cast for the party-list system. Philippine society." Third, "it should encourage [the] multi-party system. (Boldface in
Thus, its first nominee, Emerito S. Calderon, was proclaimed on September 8, 1998 as the original.) Considering these elements, but ignoring the two percent threshold
the 14th party-list representative.7[7] requirement of RA 7941, it concluded that "the party-list groups ranked Nos. 1 to 51 x x
x should have at least one representative. It thus disposed as follows:
On July 6, 1998, PAG-ASA (Peoples Progressive Alliance for Peace and Good
Government Towards Alleviation of Poverty and Social Advancement) filed with the "WHEREFORE, by virtue of the powers vested in it by the Constitution, the Omnibus
Comelec a "Petition to Proclaim [the] Full Number of Party-List Representatives Election Code (B.P. 881), Republic Act No. 7941 and other election laws, the
provided by the Constitution." It alleged that the filling up of the twenty percent Commission (Second Division) hereby resolves to GRANT the instant petition and
membership of party-list representatives in the House of Representatives, as provided motions for intervention, to include those similarly situated.
under the Constitution, was mandatory. It further claimed that the literal application of
the two percent vote requirement and the three-seat limit under RA 7941 would defeat ACCORDINGLY, the nominees from the party-list hereinbelow enumerated based on
this constitutional provision, for only 25 nominees would be declared winners, short of the list of names submitted by their respective parties, organizations and coalitions are
the 52 party-list representatives who should actually sit in the House. PROCLAIMED as party-list representatives, to wit:

Thereafter, nine other party-list organizations8[8] filed their respective Motions for 1. SENIOR CITIZENS
Intervention, seeking the same relief as that sought by PAG-ASA on substantially the
same grounds. Likewise, PAG-ASAs Petition was joined by other party-list
organizations in a Manifestation they filed on August 28, 1998. These organizations 2. AKAP
were COCOFED, Senior Citizens, AKAP, AKSYON, PINATUBO, NUPA, PRP, AMIN,
PCCI, AMMA-KATIPUNAN, OCW-UNIFIL, KAMPIL, MAHARLIKA, AFW, Women 3. AKSYON
Power, Inc., Ang Lakas OCW, FEJODAP, CUP, Veterans Care, Bantay Bayan, 4L,
AWATU, PMP, ATUCP, ALU and BIGAS. 4. PINATUBO

On October 15, 1998, the Comelec Second Division promulgated the present assailed 5. NUPA
Resolution granting PAG-ASA's Petition. It also ordered the proclamation of herein 38
respondents who, in addition to the 14 already sitting, would thus total 52 party-list
representatives. It held that "at all times, the total number of congressional9[9] seats 6. PRP
must be filled up by eighty (80%) percent district representatives and twenty (20%)
percent party-list representatives." In allocating the 52 seats, it disregarded the two 7. AMIN
percent-vote requirement prescribed under Section 11 (b) of RA 7941. Instead, it
identified three "elements of the party-list system," which should supposedly determine
8. PAG-ASA

9. MAHARLIKA

10. OCW-UNIFIL

11. FCL

12. AMMA-KATIPUNAN

13. KAMPIL

14. BANTAY BAYAN

15. AFW
16. ANG LAKAS OCW 38. AABANTE KA PILIPINAS

17. WOMENPOWER, INC. to complete the full complement of 52 seats in the House of Representatives as
provided in Section 5, Article VI of the 1987 Constitution and R.A. 7941.
18. FEJODAP
The foregoing disposition sums up a glaring bit of inconsistency and flip-flopping. In its
19. CUP Resolution No. 2847 dated June 25, 1996, the Comelec en banc had unanimously
promulgated a set of Rules and Regulations Governing the Election of x x x Party-List
Representatives Through the Party-List System. Under these Rules and Regulations,
20. VETERANS CARE one additional seat shall be given for every two percent of the vote, a formula the
Comelec illustrated in its Annex A. It apparently relied on this method when it
21. 4L proclaimed the 14 incumbent party-list solons (two for APEC and one each for the 12
other qualified parties). However, for inexplicable reasons, it abandoned said
22. AWATU unanimous Resolution and proclaimed, based on its three elements, the Group of 38
private respondents.10[10]

23. PMP
The twelve (12) parties and organizations, which had earlier been proclaimed winners
on the basis of having obtained at least two percent of the votes cast for the party-list
24. ATUCP system, objected to the proclamation of the 38 parties and filed separate Motions for
Reconsideration. They contended that (1) under Section 11 (b) of RA 7941, only parties,
25. NCWP organizations or coalitions garnering at least two percent of the votes for the party-list
system were entitled to seats in the House of Representatives; and (2) additional seats,
not exceeding two for each, should be allocated to those which had garnered the two
26. ALU
percent threshold in proportion to the number of votes cast for the winning parties, as
provided by said Section 11.
27. BIGAS
Ruling of the Comelec En Banc
28. COPRA
Noting that all the parties -- movants and oppositors alike - had agreed that the twenty
29. GREEN percent membership of party-list representatives in the House "should be filled up, the
Comelec en banc resolved only the issue concerning the apportionment or allocation of
30. ANAKBAYAN the remaining seats. In other words, the issue was: Should the remaining 38 unfilled
seats allocated to party-list solons be given (1) to the thirteen qualified parties that had
each garnered at least two percent of the total votes, or (2) to the Group of 38 - herein
31. ARBA
private respondents - even if they had not passed the two percent threshold?

32. MINFA
The poll body held that to allocate the remaining seats only to those who had hurdled
the two percent vote requirement "will mean the concentration of representation of
33. AYOS party, sectoral or group interests in the House of Representatives to thirteen
organizations representing two political parties, three coalitions and four sectors: urban
34. ALL COOP poor, veterans, women and peasantry x x x. Such strict application of the 2% 'threshold'
does not serve the essence and object of the Constitution and the legislature -- to
develop and guarantee a full, free and open party system in order to attain the broadest
35. PDP-LABAN

36. KATIPUNAN

37. ONEWAY PRINT


possible representation of party, sectoral or group interests in the House of On July 1, 1999, oral arguments were heard from the parties. Atty. Jeremias U.
Representatives x x x. Additionally, it "will also prevent this Commission from Montemayor appeared for petitioners in GR No. 136781; Atty. Gregorio A. Andolana, for
complying with the constitutional and statutory decrees for party-list representatives to petitioners in GR No. 136786; Atty. Rodante D. Marcoleta for petitioners in GR No.
compose 20% of the House of Representatives. 136795; Attys. Ricardo Blancaflor and Pete Quirino Quadra, for all the private
respondents; Atty. Porfirio V. Sison for Intervenor NACUSIP; and Atty. Jose P.
Thus, in its Resolution dated January 7, 1999, the Comelec en banc, by a razor-thin Balbuena for Respondent Comelec. Upon invitation of the Court, retired Comelec
majority -- with three commissioners concurring11[11] and two members12[12] Commissioner Regalado E. Maambong acted as amicus curiae. Solicitor General
dissenting -- affirmed the Resolution of its Second Division. It, however, held in Ricardo P. Galvez appeared, not for any party but also as a friend of the Court.
abeyance the proclamation of the 51st party (AABANTE KA PILIPINAS), "pending the
resolution of petitions for correction of manifest errors. Thereafter, the parties and the amici curiae were required to submit their respective
Memoranda in amplification of their verbal arguments.14[14]
Without expressly declaring as unconstitutional or void the two percent vote requirement
imposed by RA 7941, the Commission blithely rejected and circumvented its The Issues
application, holding that there were more important considerations than this statutory
threshold. The Court believes, and so holds, that the main question of how to determine the
winners of the subject party-list election can be fully settled by addressing the following
Consequently, several petitions for certiorari, prohibition and mandamus, with prayers issues:
for the issuance of temporary restraining orders or writs of preliminary injunction, were
filed before this Court by the parties and organizations that had obtained at least two 1. Is the twenty percent allocation for party-list representatives mentioned in Section 5
per cent of the total votes cast for the party-list system.13[13] In the suits, made (2), Article VI of the Constitution, mandatory or is it merely a ceiling? In other words,
respondents together with the Comelec were the 38 parties, organizations and should the twenty percent allocation for party-list solons be filled up completely and all
coalitions that had been declared by the poll body as likewise entitled to party-list seats the time?
in the House of Representatives. Collectively, petitioners sought the proclamation of
additional representatives from each of their parties and organizations, all of which had
obtained at least two percent of the total votes cast for the party-list system. 2. Are the two percent threshold requirement and the three-seat limit provided in
Section 11 (b) of RA 7941 constitutional?
On January 12, 1999, this Court issued a Status Quo Order directing the Comelec to
CEASE and DESIST from constituting itself as a National Board of Canvassers on 13 3. If the answer to Issue 2 is in the affirmative, how should the additional seats of
January 1999 or on any other date and proclaiming as winners the nominees of the a qualified party be determined?
parties, organizations and coalitions enumerated in the dispositive portions of its 15
October 1998 Resolution or its 7 January 1999 Resolution, until further orders from this The Courts Ruling
Court.
The Petitions are partly meritorious. The Court agrees with petitioners that the assailed
Resolutions should be nullified, but disagrees that they should all be granted additional
seats.

First Issue: Whether the Twenty Percent Constitutional Allocation Is Mandatory

The pertinent provision15[15] of the Constitution on the composition of the House of


Representatives reads as follows:
Sec. 5. (1) The House of Representatives shall be composed of not more than two The Constitution simply states that "[t]he party-list representatives shall constitute
hundred and fifty members, unless otherwise fixed by law, who shall be elected from twenty per centum of the total number of representatives including those under the
legislative districts apportioned among the provinces, cities, and the Metropolitan Manila party-list.
area in accordance with the number of their respective inhabitants, and on the basis of
a uniform and progressive ratio, and those who, as provided by law, shall be elected by According to petitioners, this percentage is a ceiling; the mechanics by which it is to be
a party-list system of registered national, regional, and sectoral parties or organizations. filled up has been left to Congress. In the exercise of its prerogative, the legislature
enacted RA 7941, by which it prescribed that a party, organization or coalition
(2) The party-list representatives shall constitute twenty per centum of the total number participating in the party-list election must obtain at least two percent of the total votes
of representatives including those under the party-list. For three consecutive terms after cast for the system in order to qualify for a seat in the House of Representatives.
the ratification of this Constitution, one half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election from the Petitioners further argue that the constitutional provision must be construed together
labor, peasant, urban poor, indigenous cultural communities, women, youth, and such with this legislative requirement. If there is no sufficient number of participating parties,
other sectors as may be provided by law, except the religious sector. organizations or coalitions which could hurdle the two percent vote threshold and
thereby fill up the twenty percent party-list allocation in the House, then naturally such
Determination of the Total Number of Party-List Lawmakers allocation cannot be filled up completely. The Comelec cannot be faulted for the
"incompleteness," for ultimately the voters themselves are the ones who, in the exercise
Clearly, the Constitution makes the number of district representatives the determinant in of their right of suffrage, determine who and how many should represent them.
arriving at the number of seats allocated for party-list lawmakers, who shall comprise
"twenty per centum of the total number of representatives including those under the On the other hand, Public Respondent Comelec, together with the respondent parties,
party-list." We thus translate this legal provision into a mathematical formula, as follows: avers that the twenty percent allocation for party-list lawmakers is mandatory, and that
the two percent vote requirement in RA 7941 is unconstitutional, because its strict
No. of district representatives application would make it mathematically impossible to fill up the House party-list
---------------------------------- x .20 = No. of party-list complement.
.80 representatives
We rule that a simple reading of Section 5, Article VI of the Constitution, easily conveys
This formulation16[16] means that any increase in the number of district the equally simple message that Congress was vested with the broad power to define
representatives, as may be provided by law, will necessarily result in a corresponding and prescribe the mechanics of the party-list system of representation. The Constitution
increase in the number of party-list seats. To illustrate, considering that there were 208 explicitly sets down only the percentage of the total membership in the House of
district representatives to be elected during the 1998 national elections, the number of Representatives reserved for party-list representatives.
party-list seats would be 52, computed as follows:
In the exercise of its constitutional prerogative, Congress enacted RA 7941. As said
208 earlier, Congress declared therein a policy to promote "proportional representation" in
-------- x .20 = 52 the election of party-list representatives in order to enable Filipinos belonging to the
.80 marginalized and underrepresented sectors to contribute legislation that would benefit
them. It however deemed it necessary to require parties, organizations and coalitions
participating in the system to obtain at least two percent of the total votes cast for the
The foregoing computation of seat allocation is easy enough to comprehend. The party-list system in order to be entitled to a party-list seat. Those garnering more than
problematic question, however, is this: Does the Constitution require all such allocated this percentage could have "additional seats in proportion to their total number of votes.
seats to be filled up all the time and under all circumstances? Our short answer is No. Furthermore, no winning party, organization or coalition can have more than three seats
in the House of Representatives. Thus the relevant portion of Section 11(b) of the law
Twenty Percent Allocation a Mere Ceiling provides:

(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.
Considering the foregoing statutory requirements, it will be shown presently that Section A similar intent is clear from the statements of the bill sponsor in the House of
5 (2), Article VI of the Constitution is not mandatory. It merely provides a ceiling for Representatives, as the following shows:
party-list seats in Congress.
MR. ESPINOSA. There is a mathematical formula which this computation is based at,
On the contention that a strict application of the two percent threshold may result in a arriving at a five percent ratio which would distribute equitably the number of seats
mathematical impossibility, suffice it to say that the prerogative to determine whether among the different sectors. There is a mathematical formula which is, I think, patterned
to adjust or change this percentage requirement rests in Congress.17[17] Our task now, after that of the party list of the other parliaments or congresses, more particularly the
as should have been the Comelecs, is not to find fault in the wisdom of the law through Bundestag of Germany.19[19]
highly unlikely scenarios of clinical extremes, but to craft an innovative mathematical
formula that can, as far as practicable, implement it within the context of the actual Moreover, even the framers of our Constitution had in mind a minimum-vote
election process. requirement, the specification of which they left to Congress to properly determine.
Constitutional Commissioner Christian S. Monsod explained:
Indeed, the function of the Supreme Court, as well as of all judicial and quasi-judicial
agencies, is to apply the law as we find it, not to reinvent or second-guess it. Unless MR. MONSOD. x x x We are amenable to modifications in the minimum percentage of
declared unconstitutional, ineffective, insufficient or otherwise void by the proper votes. Our proposal is that anybody who has two-and-a-half percent of the votes gets a
tribunal, a statute remains a valid command of sovereignty that must be respected and seat. There are about 20 million who cast their votes in the last elections. Two-and-a-
obeyed at all times. This is the essence of the rule of law. half percent would mean 500,000 votes. Anybody who has a constituency of 500,000
votes nationwide deserves a seat in the Assembly. If we bring that down to two percent,
Second Issue: The Statutory Requirement and Limitation we are talking about 400,000 votes. The average vote per family is three. So, here we
are talking about 134,000 families. We believe that there are many sectors who will be
The Two Percent Threshold able to get seats in the Assembly because many of them have memberships of over
10,000. In effect, that is the operational implication of our proposal. What we are trying
to avoid is this selection of sectors, the reserve seat system. We believe that it is our job
In imposing a two percent threshold, Congress wanted to ensure that only those parties, to open up the system and that we should not have within that system a reserve seat.
organizations and coalitions having a sufficient number of constituents deserving of We think that people should organize, should work hard, and should earn their seats
representation are actually represented in Congress. This intent can be gleaned from within that system.20[20]
the deliberations on the proposed bill. We quote below a pertinent portion of the Senate
discussion:
The two percent threshold is consistent not only with the intent of the framers of the
Constitution and the law, but with the very essence of "representation." Under a
SENATOR GONZALES: For purposes of continuity, I would want to follow up a point republican or representative state, all government authority emanates from the people,
that was raised by, I think, Senator Osmea when he said that a political party must but is exercised by representatives chosen by them.21[21] But to have meaningful
have obtained at least a minimum percentage to be provided in this law in order to
qualify for a seat under the party-list system.

They do that in many other countries. A party must obtain at least 2 percent of the votes
cast, 5 percent or 10 percent of the votes cast. Otherwise, as I have said, this will
actually proliferate political party groups and those who have not really been given by
the people sufficient basis for them to represent their constituents and, in turn, they will
be able to get to the Parliament through the backdoor under the name of the party-list
system, Mr. President."18[18]
representation, the elected persons must have the mandate of a sufficient number of matter how large its membership, would dominate the party-list seats, if not the entire
people. Otherwise, in a legislature that features the party-list system, the result might be House.
the proliferation of small groups which are incapable of contributing significant
legislation, and which might even pose a threat to the stability of Congress. Thus, even We shall not belabor this point, because the validity of the three-seat limit is not
legislative districts are apportioned according to "the number of their respective seriously challenged in these consolidated cases.
inhabitants, and on the basis of a uniform and progressive ratio"22[22] to ensure
meaningful local representation.
Third Issue: Method of Allocating Additional Seats
All in all, we hold that the statutory provision on this two percent requirement is precise
and crystalline. When the law is clear, the function of courts is simple application, not Having determined that the twenty percent seat allocation is merely a ceiling, and
interpretation or circumvention.23[23] having upheld the constitutionality of the two percent vote threshold and the three-seat
limit imposed under RA 7941, we now proceed to the method of determining how many
party-list seats the qualified parties, organizations and coalitions are entitled to. The
The Three-Seat-Per-Party Limit very first step - there is no dispute on this - is to rank all the participating parties,
organizations and coalitions (hereafter collectively referred to as "parties") according to
An important consideration in adopting the party-list system is to promote and the votes they each obtained. The percentage of their respective votes as against the
encourage a multiparty system of representation. Again, we quote Commissioner total number of votes cast for the party-list system is then determined. All those that
Monsod: garnered at least two percent of the total votes cast have an assured or guaranteed
seat in the House of Representatives. Thereafter, "those garnering more than two
MR. MONSOD. Madam President, I just want to say that we suggested or proposed percent of the votes shall be entitled to additional seats in proportion to their total
the party list system because we wanted to open up the political system to a pluralistic number of votes." The problem is how to distribute additional seats "proportionally,"
society through a multiparty system. But we also wanted to avoid the problems of bearing in mind the three-seat limit further imposed by the law.
mechanics and operation in the implementation of a concept that has very serious
shortcomings of classification and of double or triple votes. We are for opening up the One Additional Seat Per Two Percent Increment
system, and we would like very much for the sectors to be there. That is why one of the
ways to do that is to put a ceiling on the number of representatives from any single party One proposed formula is to allocate one additional seat for every additional proportion
that can sit within the 50 allocated under the party list system. This way, we will open it of the votes obtained equivalent to the two percent vote requirement for the first
up and enable sectoral groups, or maybe regional groups, to earn their seats among the seat.25[25] Translated in figures, a party that wins at least six percent of the total votes
fifty. x x x.24[24] cast will be entitled to three seats; another party that gets four percent will be entitled to
two seats; and one that gets two percent will be entitled to one seat only. This proposal
Consistent with the Constitutional Commission's pronouncements, Congress set the has the advantage of simplicity and ease of comprehension. Problems arise, however,
seat-limit to three (3) for each qualified party, organization or coalition. "Qualified" when the parties get very lop-sided votes -- for example, when Party A receives 20
means having hurdled the two percent vote threshold. Such three-seat limit ensures the percent of the total votes cast; Party B, 10 percent; and Party C, 6 percent. Under the
entry of various interest-representations into the legislature; thus, no single group, no method just described, Party A would be entitled to 10 seats; Party B, to 5 seats and
Party C, to 3 seats. Considering the three-seat limit imposed by law, all the parties will
each uniformly have three seats only. We would then have the spectacle of a party
garnering two or more times the number of votes obtained by another, yet getting the
same number of seats as the other one with the much lesser votes. In effect,
proportional representation will be contravened and the law rendered nugatory by this
suggested solution. Hence, the Court discarded it.

The Niemeyer Formula


Another suggestion that the Court considered was the Niemeyer formula, which was threshold requirements -- two percent for us and five for them. There are marked
developed by a German mathematician and adopted by Germany as its method of differences between the two models, however. As ably pointed out by private
distributing party-list seats in the Bundestag. Under this formula, the number of respondents,26[26] one half of the German Parliament is filled up by party-list members.
additional seats to which a qualified party would be entitled is determined by multiplying More important, there are no seat limitations, because German law discourages the
the remaining number of seats to be allocated by the total number of votes obtained by proliferation of small parties. In contrast, RA 7941, as already mentioned, imposes a
that party and dividing the product by the total number of votes garnered by all the three-seat limit to encourage the promotion of the multiparty system. This major
qualified parties. The integer portion of the resulting product will be the number of statutory difference makes the Niemeyer formula completely inapplicable to the
additional seats that the party concerned is entitled to. Thus: Philippines.

No. of remaining seats Just as one cannot grow Washington apples in the Philippines or Guimaras mangoes in
to be allocated No. of additional the Arctic because of fundamental environmental differences, neither can the Niemeyer
--------------------------- x No. of votes of = seats of party formula be transplanted in toto here because of essential variances between the two
Total no. of votes of party concerned concerned party-list models.
qualified parties (Integer.decimal)
The Legal and Logical Formula for the Philippines
The next step is to distribute the extra seats left among the qualified parties in the
descending order of the decimal portions of the resulting products. Based on the 1998 It is now obvious that the Philippine style party-list system is a unique paradigm which
election results, the distribution of party-list seats under the Niemeyer method would be demands an equally unique formula. In crafting a legally defensible and logical solution
as follows: to determine the number of additional seats that a qualified party is entitled to, we need
to review the parameters of the Filipino party-list system.
Party Number of Guaranteed Additional Extra Total
Votes Seats Seats Seats As earlier mentioned in the Prologue, they are as follows:
1. APEC 503,487 1 5.73 1 7
2. ABA 321,646 1 3.66 1 5
3. ALAGAD 312,500 1 3.55 4 First, the twenty percent allocation - the combined number of all party-list
4. VETERANS 304,802 1 3.47 4 congressmen shall not exceed twenty percent of the total membership of the House of
FEDERATION Representatives, including those elected under the party list.
5. PROMDI 255,184 1 2.90 1 4
6. AKO 239,042 1 2.72 1 4 Second, the two percent threshold - only those parties garnering a minimum of two
7. NCSCFO 238,303 1 2.71 1 4 percent of the total valid votes cast for the party-list system are qualified to have a seat
8. ABANSE! PINAY 235,548 1 2.68 1 in the House of Representatives;
4
9. AKBAYAN 232,376 1 2.64 1 4 Third, the three-seat limit - each qualified party, regardless of the number of votes it
10. BUTIL 215,643 1 2.45 3 actually obtained, is entitled to a maximum of three seats; that is, one qualifying and
11. SANLAKAS 194,617 1 2.21 3 two additional seats.
12. COOP-NATCCO 189,802 1 2.16
3
13. COCOFED 186,388 1 2.12 3 Fourth, proportional representation - the additional seats which a qualified party is
Total 3,429,338 13 32 7 52 entitled to shall be computed in proportion to their total number of votes.

However, since Section 11 of RA 7941 sets a limit of three (3) seats for each party, The problem, as already stated, is to find a way to translate proportional
those obtaining more than the limit will have to give up their excess seats. Under our representation into a mathematical formula that will not contravene, circumvent or
present set of facts, the thirteen qualified parties will each be entitled to three seats, amend the above-mentioned parameters.
resulting in an overall total of 39. Note that like the previous proposal, the Niemeyer
formula would violate the principle of "proportional representation," a basic tenet of our
party-list system.

The Niemeyer formula, while no doubt suitable for Germany, finds no application in the
Philippine setting, because of our three-seat limit and the non-mandatory character of
the twenty percent allocation. True, both our Congress and the Bundestag have
After careful deliberation, we now explain such formula, step by step. Formula for Determining Additional Seats for the First Party

Step One. There is no dispute among the petitioners, the public and the private Now, how do we determine the number of seats the first party is entitled to? The only
respondents, as well as the members of this Court, that the initial step is to rank all the basis given by the law is that a party receiving at least two percent of the total votes
participating parties, organizations and coalitions from the highest to the lowest based shall be entitled to one seat. Proportionally, if the first party were to receive twice the
on the number of votes they each received. Then the ratio for each party is computed number of votes of the second party, it should be entitled to twice the latter's number of
by dividing its votes by the total votes cast for all the parties participating in the system. seats and so on. The formula, therefore, for computing the number of seats to which the
All parties with at least two percent of the total votes are guaranteed one seat each. first party is entitled is as follows:
Only these parties shall be considered in the computation of additional seats. The party
receiving the highest number of votes shall thenceforth be referred to as the first party. Number of votes
of first party Proportion of votes of
Step Two. The next step is to determine the number of seats the first party is -------------------- = first party relative to
entitled to, in order to be able to compute that for the other parties. Since the distribution Total votes for total votes for party-list system
is based on proportional representation, the number of seats to be allotted to the other party-list system
parties cannot possibly exceed that to which the first party is entitled by virtue of its
obtaining the most number of votes. If the proportion of votes received by the first party without rounding it off is equal to at
least six percent of the total valid votes cast for all the party list groups, then the first
For example, the first party received 1,000,000 votes and is determined to be entitled to party shall be entitled to two additional seats or a total of three seats overall. If the
two additional seats. Another qualified party which received 500,000 votes cannot be proportion of votes without a rounding off is equal to or greater than four percent, but
entitled to the same number of seats, since it garnered only fifty percent of the votes less than six percent, then the first party shall have one additional or a total of two
won by the first party. Depending on the proportion of its votes relative to that of the first seats. And if the proportion is less than four percent, then the first party shall not be
party whose number of seats has already been predetermined, the second party should entitled to any additional seat.
be given less than that to which the first one is entitled.
We adopted this six percent bench mark, because the first party is not always entitled to
The other qualified parties will always be allotted less additional seats than the first the maximum number of additional seats. Likewise, it would prevent the allotment of
party for two reasons: (1) the ratio between said parties and the first party will always be more than the total number of available seats, such as in an extreme case wherein 18
less than 1:1, and (2) the formula does not admit of mathematical rounding off, because or more parties tie for the highest rank and are thus entitled to three seats each. In such
there is no such thing as a fraction of a seat. Verily, an arbitrary rounding off could result scenario, the number of seats to which all the parties are entitled may exceed the
in a violation of the twenty percent allocation. An academic mathematical demonstration maximum number of party-list seats reserved in the House of Representatives.
of such incipient violation is not necessary because the present set of facts, given the
number of qualified parties and the voting percentages obtained, will definitely not end Applying the above formula, APEC, which received 5.5% of the total votes cast, is
up in such constitutional contravention. entitled to one additional seat or a total of two seats.

The Court has previously ruled in Guingona Jr. v. Gonzales27[27] that a fractional Note that the above formula will be applicable only in determining the number of
membership cannot be converted into a whole membership of one when it would, in additional seats the first party is entitled to. It cannot be used to determine the number
effect, deprive another party's fractional membership. It would be a violation of the of additional seats of the other qualified parties. As explained earlier, the use of the
constitutional mandate of proportional representation. We said further that "no party can same formula for all would contravene the proportional representation parameter. For
claim more than what it is entitled to x x x. example, a second party obtains six percent of the total number of votes cast.
According to the above formula, the said party would be entitled to two additional seats
In any case, the decision on whether to round off the fractions is better left to the or a total of three seats overall. However, if the first party received a significantly higher
legislature. Since Congress did not provide for it in the present law, neither will this amount of votes -- say, twenty percent -- to grant it the same number of seats as the
Court. The Supreme Court does not make the law; it merely applies it to a given set of second party would violate the statutory mandate of proportional representation, since a
facts. party getting only six percent of the votes will have an equal number of representatives
as the one obtaining twenty percent. The proper solution, therefore, is to grant the first
party a total of three seats; and the party receiving six percent, additional seats in
proportion to those of the first party.

Formula for Additional Seats of Other Qualified Parties


Step Three The next step is to solve for the number of additional seats that the other 5. PROMDI 255,184 2.79% 1 255,184 / 503,487 * 1 = 0.51 1
qualified parties are entitled to, based on proportional representation. The formula is 6. AKO 239,042 2.61% 1 239,042 / 503,487 * 1 = 0.47 1
encompassed by the following complex fraction: 7. NCSFO 238,303 2.60% 1 238,303 / 503,487 * 1 = 0.47
1
No. of votes of 8. ABANSE! 235,548 2.57% 1 321,646 / 503,487 * 1 = 0.47 1
concerned party PINAY
------------------ 9. AKBAYAN! 232,376 2.54% 1 232,376 / 503,487 * 1 = 0.46 1
Total no. of votes 10. BUTIL 215,643 2.36% 1 215,643 / 503,487 * 1 = 0.43
Additional seats for party-list system No. of additional 1
for concerned = ----------------------- x seats allocated to 11. SANLAKAS 194,617 2.13% 1 194,617 / 503,487 * 1 = 0.39 1
party No. of votes of the first party 12. COOP- 189,802 2.07% 1 189,802 / 503,487 * 1 = 0.38
first party 1
------------------ NATCCO
Total no. of votes 13. COCOFED 186,388 2.04% 1 186,388 / 503,487 * 1 = 0.37 1
for party list system
Incidentally, if the first party is not entitled to any additional seat, then the ratio of the
In simplified form, it is written as follows: number of votes for the other party to that for the first one is multiplied by zero. The end
result would be zero additional seat for each of the other qualified parties as well.
No. of votes of
Additional seats concerned party No. of additional The above formula does not give an exact mathematical representation of the number
for concerned = ------------------ x seats allocated to of additional seats to be awarded since, in order to be entitled to one additional seat, an
party No. of votes of the first party exact whole number is necessary. In fact, most of the actual mathematical proportions
first party are not whole numbers and are not rounded off for the reasons explained earlier. To
repeat, rounding off may result in the awarding of a number of seats in excess of that
provided by the law. Furthermore, obtaining absolute proportional representation is
Thus, in the case of ABA, the additional number of seats it would be entitled to is restricted by the three-seat-per-party limit to a maximum of two additional slots. An
computed as follows: increase in the maximum number of additional representatives a party may be entitled
to would result in a more accurate proportional representation. But the law itself has set
No. of votes of the limit: only two additional seats. Hence, we need to work within such extant
Additional seats ABA No. of additional parameter.
for concerned = -------------------- x seats allocated to
party (ABA) No. of votes of the first party The net result of the foregoing formula for determining additional seats happily
first party (APEC) coincides with the present number of incumbents; namely, two for the first party (APEC)
and one each for the twelve other qualified parties. Hence, we affirm the legality of the
Substituting actual values would result in the following equation: incumbencies of their nominees, albeit through the use of a different formula and
methodology.
Additional seats 321,646
for concerned = ----------- x 1 = .64 or 0 additional seat, since In his Dissent, Justice Mendoza criticizes our methodology for being too strict. We say,
party (ABA) 503,487 rounding off is not to be applied however, that our formula merely translated the Philippine legal parameters into a
mathematical equation, no more no less. If Congress in its wisdom decides to modify
Applying the above formula, we find the outcome of the 1998 party-list election to be as RA 7941 to make it less strict, then the formula will also be modified to reflect the
follows: changes willed by the lawmakers.

Organization Votes %age of Initial No. Additional Total Epilogue


Garnered Total Votes of Seats Seats
1. APEC 503,487 5.50% 1 1 2 In sum, we hold that the Comelec gravely abused its discretion in ruling that the thirty-
2. ABA 321,646 3.51% 1 321,646 / 503,487 * 1 = 0.64 1 eight (38) herein respondent parties, organizations and coalitions are each entitled to a
3. ALAGAD 312,500 3.41% 1 312,500 / 503,487 * 1 = 0.62 1 party-list seat, because it glaringly violated two requirements of RA 7941: the two
4. VETERANS 304,802 3.33% 1 304,802 / 503,487 * 1 = 0.61 1 percent threshold and proportional representation.
FEDERATION
In disregarding, rejecting and circumventing these statutory provisions, the Comelec The low turnout of the party-list votes during the 1998 elections should not be
effectively arrogated unto itself what the Constitution expressly and wholly vested in the interpreted as a total failure of the law in fulfilling the object of this new system of
legislature: the power and the discretion to define the mechanics for the enforcement of representation. It should not be deemed a conclusive indication that the requirements
the system. The wisdom and the propriety of these impositions, absent any clear imposed by RA 7941 wholly defeated the implementation of the system. Be it
transgression of the Constitution or grave abuse of discretion amounting to lack or remembered that the party-list system, though already popular in parliamentary
excess of jurisdiction, are beyond judicial review.28[28] democracies, is still quite new in our presidential system. We should allow it some time
to take root in the consciousness of our people and in the heart of our tripartite form of
Indeed, the Comelec and the other parties in these cases - both petitioners and republicanism. Indeed, the Comelec and the defeated litigants should not despair.
respondents - have failed to demonstrate that our lawmakers gravely abused their
discretion in prescribing such requirements. By grave abuse of discretion is meant such Quite the contrary, the dismal result of the first election for party-list representatives
capricious or whimsical exercise of judgment equivalent to lack or excess of should serve as a challenge to our sectoral parties and organizations. It should stir them
jurisdiction.29[29] to be more active and vigilant in their campaign for representation in the State's
lawmaking body. It should also serve as a clarion call for innovation and creativity in
The Comelec, which is tasked merely to enforce and administer election-related adopting this novel system of popular democracy.
laws,30[30] cannot simply disregard an act of Congress exercised within the bounds of
its authority. As a mere implementing body, it cannot judge the wisdom, propriety or With adequate information dissemination to the public and more active sectoral parties,
rationality of such act. Its recourse is to draft an amendment to the law and lobby for its we are confident our people will be more responsive to future party-list elections. Armed
approval and enactment by the legislature. with patience, perseverance and perspicacity, our marginalized sectors, in time, will
fulfill the Filipino dream of full representation in Congress under the aegis of the party-
Furthermore, a reading of the entire Constitution reveals no violation of any of its list system, Philippine style.
provisions by the strict enforcement of RA 7941. It is basic that to strike down a law or
any of its provisions as unconstitutional, there must be a clear and unequivocal showing WHEREFORE, the Petitions are hereby partially GRANTED. The assailed Resolutions
that what the Constitution prohibits, the statute permits.31[31] of the Comelec are SET ASIDE and NULLIFIED. The proclamations of the fourteen (14)
sitting party-list representatives - two for APEC and one each for the remaining twelve
Neither can we grant petitioners prayer that they each be given additional seats (for a (12) qualified parties - are AFFIRMED. No pronouncement as to costs.
total of three each), because granting such plea would plainly and simply violate the
proportional representation mandated by Section 11 (b) of RA 7941. SO ORDERED.

EN BANC

[G.R. No. 177271. May 4, 2007.]

BANTAY REPUBLIC ACT OR BA-RA 7941, represented by MR.


AMEURFINO E. CINCO, Chairman, AND URBAN POOR FOR
LEGAL REFORMS (UP-LR), represented by MRS. MYRNA P.
PORCARE, Secretary-General, petitioners, vs. COMMISSION ON
ELECTIONS, BIYAHENG PINOY, KAPATIRAN NG MGA
NAKAKULONG NA WALANG SALA (KAKUSA), BARANGAY respecting party-list groups which have manifested their intention to participate in the
ASSOCIATION FOR NATIONAL ADVANCEMENT AND party-list elections on May 14, 2007.
TRANSPARENCY (BANAT), AHON PINOY, AGRICULTURAL
SECTOR ALLIANCE OF THE PHILIPPINES, INC. (AGAP), In the first petition, docketed as G.R. No. 177271, petitioners Bantay Republic Act (BA-
PUWERSA NG BAYANING ATLETA (PBA), ALYANSA NG MGA RA 7941, for short) and the Urban Poor for Legal Reforms (UP-LR, for short) assail the
GRUPONG HALIGI NG AGHAM AT TEKNOLOHIYA PARA SA various Comelec resolutions accrediting private respondents Biyaheng Pinoy et al., to
MAMAMAYAN, INC. (AGHAM), BABAE PARA SA KAUNLARAN participate in the forthcoming party-list elections on May 14, 2007 without
(BABAE KA), AKSYON SAMBAYANAN (AKSA), ALAY SA simultaneously determining whether or not their respective nominees possess the
BAYAN NG MALAYANG PROPESYUNAL AT REPORMANG requisite qualifications defined in Republic Act (R.A.) No. 7941, or the "Party-List
KALAKAL (ABAY-PARAK), AGBIAG TIMPUYOG ILOCANO, System Act" and belong to the marginalized and underrepresented sector each seeks to
INC. (AGBIAG!), ABANTE ILONGGO, INC. (ABA ILONGGO), represent. In the second, docketed as G.R. No. 177314, petitioners Loreta Ann P.
AANGAT TAYO (AT), AANGAT ANG KABUHAYAN (ANAK), Rosales, Kilosbayan Foundation and Bantay Katarungan Foundation impugn Comelec
BAGO NATIONAL CULTURAL SOCIETY OF THE PHILIPPINES Resolution 07-0724 dated April 3, 2007 effectively denying their request for the release
(BAGO), ANGAT ANTAS-KABUHAYAN PILIPINO MOVEMENT or disclosure of the names of the nominees of the fourteen (14) accredited participating
(AANGAT KA PILIPINO), ARTS BUSINESS AND SCIENCE party-list groups mentioned in petitioner Rosales' previous letter-request.
PROFESSIONAL (ABS), ASSOSASYON NG MGA MALILIIT NA
NEGOSYANTENG GUMAGANAP INC. (AMANG), SULONG
BARANGAY MOVEMENT, KASOSYO PRODUCERS While both petitions commonly seek to compel the Comelec to disclose or publish the
CONSUMER EXCHANGE ASSOCIATION, INC. (KASOSYO), names of the nominees of the various party-list groups named in the petitions, 1 the
UNITED MOVEMENT AGAINST DRUGS (UNI-MAD), PARENTS petitioners in G.R. No. 177271 have the following additional prayers: 1) that the 33
ENABLING PARENTS (PEP), ALLIANCE OF NEO- private respondents named therein be "declare[d] as unqualified to participate in the
CONSERVATIVES (ANC), FILIPINOS FOR PEACE, JUSTICE party-list elections as sectoral organizations, parties or coalition for failure to comply
AND PROGRESS MOVEMENT (FPJPM), BIGKIS PINOY with the guidelines prescribed by the [Court] in [Ang Bagong Bayani v. Comelec 2 ]"
MOVEMENT (BIGKIS), 1-UNITED TRANSPORT KOALISYON (1- and, 2) correspondingly, that the Comelec be enjoined from allowing respondent groups
UNTAK), ALLIANCE FOR BARANGAY CONCERNS (ABC), from participating in the May 2007 elections. aTEHCc
BIYAYANG BUKID, INC., ALLIANCE FOR NATIONALISM AND
DEMOCRACY (ANAD), AKBAY PINOY OFW-NATIONAL INC., In separate resolutions both dated April 24, 2007, the Court en banc required the public
(APOI), ALLIANCE TRANSPORT SECTOR (ATS), KALAHI and private respondents to file their respective comments on the petitions within a non-
SECTORAL PARTY (ADVOCATES FOR OVERSEAS FILIPINO) extendible period of five (5) days from notice. Apart from respondent Comelec, seven
AND ASSOCIATION OF ADMINISTRATORS, PROFESSIONALS (7) private respondents 3 in G.R. No. 177271 and one party-list group 4 mentioned in
AND SENIORS (AAPS), respondents. G.R. No. 177314 submitted their separate comments. In the main, the separate
comments of the private respondents focused on the untenability and prematurity of the
plea of petitioners BA-RA 7941 and UP-LR to nullify their accreditation as party-list
[G.R. No. 177314. May 4, 2007.] groups and thus disqualify them and their respective nominees from participating in the
May 14, 2007 party-list elections.

REP. LORETTA ANN P. ROSALES, KILOSBAYAN


The facts:
FOUNDATION, BANTAY KATARUNGAN FOUNDATION,
petitioners, vs. THE COMMISSION ON ELECTIONS, respondents.
On January 12, 2007, the Comelec issued Resolution No. 7804 prescribing rules and
regulations to govern the filing of manifestation of intent to participate and submission of
names of nominees under the party-list system of representation in connection with the
DECISION May 14, 2007 elections. Pursuant thereto, a number of organized groups filed the
necessary manifestations. Among these and ostensibly subsequently accredited by
the Comelec to participate in the 2007 elections are 14 party-list groups, namely: (1)
BABAE KA; (2) ANG KASANGGA; (3) AKBAY PINOY; (4) AKSA; (5) KAKUSA; (6)
GARCIA, J p: AHON PINOY; (7) OFW PARTY; (8) BIYAHENG PINOY; (9) ANAD; (10) AANGAT ANG
KABUHAYAN; (11) AGBIAG; (12) BANAT; (13) BANTAY LIPAD; (14) AGING PINOY.
Petitioners BA-RA 7941 and UP-LR presented a longer, albeit an overlapping, list.
Before the Court are these two consolidated petitions for certiorari and mandamus to
nullify and set aside certain issuances of the Commission on Elections (Comelec)
Subsequent events saw BA-RA 7941 and UP-LR filing with the Comelec an Urgent
Petition to Disqualify, thereunder seeking to disqualify the nominees of certain party-list
organizations. Both petitioners appear not to have the names of the nominees sought to The herein consolidated petitions are cast against the foregoing factual setting, albeit
be disqualified since they still asked for a copy of the list of nominees. Docketed in the petitioners BA-RA 7941 and UP-LR appear not to be aware, when they filed their
Comelec as SPA Case No 07-026, this urgent petition has yet to be resolved. EACIcH petition on April 18, 2007, of the April 3, 2007 Comelec Resolution 07-0724.

Meanwhile, reacting to the emerging public perception that the individuals behind the To start off, petitioners BA-RA 7941 and UP-LR would have the Court cancel the
aforementioned 14 party-list groups do not, as they should, actually represent the poor accreditation accorded by the Comelec to the respondent party-list groups named in
and marginalized sectors, petitioner Rosales, in G.R. No. 177314, addressed a letter 5 their petition on the ground that these groups and their respective nominees do not
dated March 29, 2007 to Director Alioden Dalaig of the Comelec's Law Department appear to be qualified. In the words of petitioners BA-RA 7941 and UP-LR, Comelec
requesting a list of that groups' nominees. Another letter 6 of the same tenor dated
March 31, 2007 followed, this time petitioner Rosales impressing upon Atty. Dalaig the . . . committed grave abuse of discretion . . . when it granted the
particular urgency of the subject request. assailed accreditations even without simultaneously determining
whether the nominees of herein private respondents are qualified or
Neither the Comelec Proper nor its Law Department officially responded to petitioner not, or whether or not the nominees are likewise belonging to the
Rosales' requests. The April 13, 2007 issue of the Manila Bulletin, however, carried the marginalized and underrepresented sector they claim to represent
front-page banner headline "COMELEC WON'T BARE PARTY-LIST NOMINEES", 7 in Congress, in accordance with No. 7 of the eight-point guidelines
with the following sub-heading: "Abalos says party-list polls not personality oriented." prescribed by the Honorable Supreme in the Ang Bagong Bayani
11 case which states that, "not only the candidate party or
On April 16, 2007, Atty. Emilio Capulong, Jr. and ex-Senator Jovito R. Salonga, in their organization must represent marginalized and underrepresented
own behalves and as counsels of petitioner Rosales, forwarded a letter 8 to the sectors; so also must its nominees." In the case of private
Comelec formally requesting action and definitive decision on Rosales' earlier plea for respondents, public respondent Comelec granted accreditations
information regarding the names of several party-list nominees. Invoking their without the required simultaneous determination of the qualification
constitutionally-guaranteed right to information, Messrs. Capulong and Salonga at the of the nominees as part of the accreditation process of the party-list
same time drew attention to the banner headline adverted to earlier, with a request for organization itself. (Words in bracket added; italization in the
the Comelec, "collectively or individually, to issue a formal clarification, either confirming original) 12 DEScaT
or denying . . . the banner headline and the alleged statement of Chairman Benjamin
Abalos, Sr. . . ." Evidently unbeknownst then to Ms. Rosales, et al., was the issuance of
Comelec en banc Resolution 07-0724 9 under date April 3, 2007 virtually declaring the
nominees' names confidential and in net effect denying petitioner Rosales' basic The Court is unable to grant the desired plea of petitioners BA-RA 7941 and UP-LR for
disclosure request. In its relevant part, Resolution 07-0724 reads as follows: cancellation of accreditation on the grounds thus advanced in their petition. For, such
course of action would entail going over and evaluating the qualities of the sectoral
RESOLVED, moreover, that the Commission will groups or parties in question, particularly whether or not they indeed represent
disclose/publicize the names of party-list nominees in connection marginalized/underrepresented groups. The exercise would require the Court to make a
with the May 14, 2007 Elections only after 3:00 p.m. on election factual determination, a matter which is outside the office of judicial review by way of
day. DaACIH special civil action for certiorari. In certiorari proceedings, the Court is not called upon to
decide factual issues and the case must be decided on the undisputed facts on record.
Let the Law Department implement this resolution and reply to all 13 The sole function of a writ of certiorari is to address issues of want of jurisdiction or
letters addressed to the Commission inquiring on the party-list grave abuse of discretion and does not include a review of the tribunal's evaluation of
nominees. (Emphasis added.) the evidence. 14

According to petitioner Rosales, she was able to obtain a copy of the April 3, 2007 Not lost on the Court of course is the pendency before the Comelec of SPA Case No.
Resolution only on April 21, 2007. She would later state the observation that the last 07-026 in which petitioners BA-RA 7941 and UP-LR themselves seek to disqualify the
part of the "Order empowering the Law Department to 'implement this resolution and nominees of the respondent party-list groups named in their petition.
reply to all letters . . . inquiring on the party-list nominees' is apparently a fool-proof
bureaucratic way to distort and mangle the truth and give the impression that the Petitioners BA-RA 7941's and UP-LR's posture that the Comelec committed grave
antedated Resolution of April 3, 2007 . . . is the final answer to the two formal requests . abuse of discretion when it granted the assailed accreditations without simultaneously
. . of Petitioners". 10 determining the qualifications of their nominees is without basis. Nowhere in R.A. No.
7941 is there a requirement that the qualification of a party-list nominee be determined
simultaneously with the accreditation of an organization. And as aptly pointed out by
private respondent Babae Para sa Kaunlaran (Babae Ka), Section 4 of R.A. No. 7941
requires a petition for registration of a party-list organization to be filed with the Comelec
"not later than ninety (90) days before the election" whereas the succeeding Section 8 He said there is nothing in R.A. 7941 that requires the Comelec to
requires the submission "not later than forty-five (45) days before the election" of the list disclose the names of nominees. . . . (Words in brackets and
of names whence party-list representatives shall be chosen. emphasis added) HEDSCc

Now to the other but core issues of the case. The petition in G.R. No. 177314 Insofar as the disclosure issue is concerned, the petitions are impressed with merit.
formulates and captures the main issues tendered by the petitioners in these
consolidated cases and they may be summarized as follows: Assayed against the non-disclosure stance of the Comelec and the given rationale
therefor is the right to information enshrined in the self-executory 15 Section 7, Article III
1. Whether respondent Comelec, by refusing to reveal the names of the Constitution, viz:
of the nominees of the various party-list groups, has
violated the right to information and free access to Sec.7. The right of the people to information on matters of public
documents as guaranteed by the Constitution; and concern shall be recognized. Access to official records, and to
documents, and papers pertaining to official acts, transactions, or
2. Whether respondent Comelec is mandated by the Constitution to decisions, as well to government research data used as basis for
disclose to the public the names of said nominees. policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
While the Comelec did not explicitly say so, it based its refusal to disclose the names of
the nominees of subject party-list groups on Section 7 of R.A. 7941. This provision, Complementing and going hand in hand with the right to information is another
while commanding the publication and the posting in polling places of a certified list of constitutional provision enunciating the policy of full disclosure and transparency in
party-list system participating groups, nonetheless tells the Comelec not to show or Government. We refer to Section 28, Article II of the Constitution reading:
include the names of the party-list nominees in said certified list. Thus:
Sec. 28. Subject to reasonable conditions prescribed by law, the
SEC. 7. Certified List of Registered Parties. The COMELEC State adopts and implements a policy of full public disclosure of all
shall, not later than sixty (60) days before election, prepare a its transactions involving public interest.
certified list of national, regional, or sectoral parties, organizations
or coalitions which have applied or who have manifested their The right to information is a public right where the real parties in interest are the public,
desire to participate under the party-list system and distribute or the citizens to be precise. And for every right of the people recognized as
copies thereof to all precincts for posting in the polling places on fundamental lies a corresponding duty on the part of those who govern to respect and
election day. The names of the party-list nominees shall not be protect that right. This is the essence of the Bill of Rights in a constitutional regime. 16
shown on the certified list. (Emphasis added.) aEDCSI Without a government's acceptance of the limitations upon it by the Constitution in order
to uphold individual liberties, without an acknowledgment on its part of those duties
And doubtless part of Comelec's reason for keeping the names of the party list exacted by the rights pertaining to the citizens, the Bill of Rights becomes a sophistry.
nominees away from the public is deducible from the following excerpts of the news
report appearing in the adverted April 13, 2007 issue of the Manila Bulletin: By weight of jurisprudence, any citizen can challenge any attempt to obstruct the
exercise of his right to information and may seek its enforcement by mandamus. 17 And
The Commission on Elections (COMELEC) firmed up yesterday its since every citizen by the simple fact of his citizenship possesses the right to be
decision not to release the names of nominees of sectoral parties, informed, objections on ground of locus standi are ordinarily unavailing. 18
organizations, or coalitions accredited to participate in the party-list
election which will be held simultaneously with the May 14 mid-term Like all constitutional guarantees, however, the right to information and its companion
polls. right of access to official records are not absolute. As articulated in Legaspi, supra, the
people's right to know is limited to "matters of public concern" and is further subject to
COMELEC Chairman Benjamin S. Abalos, Sr. . . . said he and [the such limitation as may be provided by law. Similarly, the policy of full disclosure is
other five COMELEC] Commissioners believe that the party list confined to transactions involving "public interest" and is subject to reasonable
elections must not be personality oriented. conditions prescribed by law. Too, there is also the need of preserving a measure of
confidentiality on some matters, such as military, trade, banking and diplomatic secrets
Abalos said under [R.A.] 7941 . . ., the people are to vote for or those affecting national security. 19
sectoral parties, organizations, or coalitions, not for their
nominees. The terms "public concerns" and "public interest" have eluded precise definition. But
both terms embrace, to borrow from Legaspi, a broad spectrum of subjects which the
public may want to know, either because these directly affect their lives, or simply achieved in a system of blind voting, as veritably advocated in the assailed resolution of
because such matters naturally whet the interest of an ordinary citizen. At the end of the the Comelec. The Court, since the 1914 case of Gardiner v. Romulo, 21 has
day, it is for the courts to determine, on a case to case basis, whether or not at issue is consistently made it clear that it frowns upon any interpretation of the law or rules that
of interest or importance to the public. would hinder in any way the free and intelligent casting of the votes in an election. 22
So it must be here for still other reasons articulated earlier.
If, as in Legaspi, it was the legitimate concern of a citizen to know if certain persons
employed as sanitarians of a health department of a city are civil service eligibles, In all, we agree with the petitioners that respondent Comelec has a constitutional duty to
surely the identity of candidates for a lofty elective public office should be a matter of disclose and release the names of the nominees of the party-list groups named in the
highest public concern and interest. herein petitions. cIECaS

As may be noted, no national security or like concerns is involved in the disclosure of WHEREFORE, the petition in G.R. No. 177271 is partly DENIED insofar as it seeks to
the names of the nominees of the party-list groups in question. Doubtless, the Comelec nullify the accreditation of the respondents named therein. However, insofar as it seeks
committed grave abuse of discretion in refusing the legitimate demands of the to compel the Comelec to disclose or publish the names of the nominees of party-list
petitioners for a list of the nominees of the party-list groups subject of their respective groups, sectors or organizations accredited to participate in the May 14, 2007 elections,
petitions. Mandamus, therefore, lies. the same petition and the petition in G.R. No. 177314 are GRANTED. Accordingly, the
Comelec is hereby ORDERED to immediately disclose and release the names of the
The last sentence of Section 7 of R.A. 7941 reading: "[T]he names of the party-list nominees of the party-list groups, sectors or organizations accredited to participate in
nominees shall not be shown on the certified list" is certainly not a justifying card for the the May 14, 2007 party-list elections. The Comelec is further DIRECTED to submit to
Comelec to deny the requested disclosure. To us, the prohibition imposed on the the Court its compliance herewith within five (5) days from notice hereof.
Comelec under said Section 7 is limited in scope and duration, meaning, that it extends
only to the certified list which the same provision requires to be posted in the polling This Decision is declared immediately executory upon its receipt by the Comelec.
places on election day. To stretch the coverage of the prohibition to the absolute is to
read into the law something that is not intended. As it were, there is absolutely nothing No pronouncement as to costs. HcaATE
in R.A. No. 7941 that prohibits the Comelec from disclosing or even publishing through
mediums other than the "Certified List" the names of the party-list nominees. The
Comelec obviously misread the limited non-disclosure aspect of the provision as an SO ORDERED.
absolute bar to public disclosure before the May 2007 elections. The interpretation thus
given by the Comelec virtually tacks an unconstitutional dimension on the last sentence ||| (Cinco v. COMELEC, G.R. No. 177271, 177314, May 04, 2007)
of Section 7 of R.A. No. 7941.

The Comelec's reasoning that a party-list election is not an election of personalities is


valid to a point. It cannot be taken, however, to justify its assailed non-disclosure stance
which comes, as it were, with a weighty presumption of invalidity, impinging, as it does,
on a fundamental right to information. 20 While the vote cast in a party-list elections is a
vote for a party, such vote, in the end, would be a vote for its nominees, who, in
appropriate cases, would eventually sit in the House of Representatives.

The Court is very much aware of newspaper reports detailing the purported reasons
behind the Comelec's disinclination to release the names of party-list nominees. It is to
be stressed, however, that the Court is in the business of dispensing justice on the
basis of hard facts and applicable statutory and decisional laws. And lest it be
overlooked, the Court always assumes, at the first instance, the presumptive validity
and regularity of official acts of government officials and offices.

It has been repeatedly said in various contexts that the people have the right to elect
their representatives on the basis of an informed judgment. Hence the need for voters to
be informed about matters that have a bearing on their choice. The ideal cannot be
(COMELEC) in NBC No. 07-041 (PL). The COMELEC's resolution in NBC No. 07-041
(PL) approved the recommendation of Atty. Alioden D. Dalaig, Head of the National
Board of Canvassers (NBC) Legal Group, to deny the petition of BANAT for being moot.
BANAT filed before the COMELEC En Banc, acting as NBC, a Petition to Proclaim the
Full Number of Party-List Representatives Provided by the Constitution.

The following are intervenors in G.R. No. 179271: Arts Business and Science
Professionals (ABS), Aangat Tayo (AT), and Coalition of Associations of Senior Citizens
EN BANC in the Philippines, Inc. (Senior Citizens).

[G.R. No. 179271. April 21, 2009.] Petitioners in G.R. No. 179295 Bayan Muna, Abono, and Advocacy for Teacher
Empowerment Through Action, Cooperation and Harmony Towards Educational
Reforms (A Teacher) in a petition for certiorari with mandamus and prohibition, 3
BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT assails NBC Resolution No. 07-60 4 promulgated on 9 July 2007. NBC No. 07-60 made
AND TRANSPARENCY (BANAT), petitioner, vs. COMMISSION a partial proclamation of parties, organizations and coalitions that obtained at least two
ON ELECTIONS (sitting as the National Board of Canvassers), percent of the total votes cast under the Party-List System. The COMELEC announced
respondent. that, upon completion of the canvass of the party-list results, it would determine the total
number of seats of each winning party, organization, or coalition in accordance with
Veterans Federation Party v. COMELEC 5 (Veterans).
ARTS BUSINESS AND SCIENCE PROFESSIONALS, intervenor.
Estrella DL Santos, in her capacity as President and First Nominee of the Veterans
Freedom Party, filed a motion to intervene in both G.R. Nos. 179271 and 179295.
AANGAT TAYO, intervenor.
The Facts

COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE The 14 May 2007 elections included the elections for the party-list representatives. The
PHILIPPINES, INC. (SENIOR CITIZENS), intervenor. COMELEC counted 15,950,900 votes cast for 93 parties under the Party-List System. 6

On 27 June 2002, BANAT filed a Petition to Proclaim the Full Number of Party-List
[G.R. No. 179295. April 21, 2009.]
Representatives Provided by the Constitution, docketed as NBC No. 07-041 (PL) before
the NBC. BANAT filed its petition because "[t]he Chairman and the Members of the
BAYAN MUNA, ADVOCACY FOR TEACHER EMPOWERMENT [COMELEC] have recently been quoted in the national papers that the [COMELEC] is
THROUGH ACTION, COOPERATION AND HARMONY duty bound to and shall implement the Veterans ruling, that is, would apply the
TOWARDS EDUCATIONAL REFORMS, INC., and ABONO, Panganiban formula in allocating party-list seats". 7 There were no intervenors in
petitioners, vs. COMMISSION ON ELECTIONS, respondent. BANAT's petition before the NBC. BANAT filed a memorandum on 19 July 2007.
aTEACS

On 9 July 2007, the COMELEC, sitting as the NBC, promulgated NBC Resolution No.
DECISION 07-60. NBC Resolution No. 07-60 proclaimed thirteen (13) parties as winners in the
party-list elections, namely: Buhay Hayaan Yumabong (BUHAY), Bayan Muna, Citizens'
Battle Against Corruption (CIBAC), Gabriela's Women Party (Gabriela), Association of
Philippine Electric Cooperatives (APEC), A Teacher, Akbayan! Citizen's Action Party
CARPIO, J p: (AKBAYAN), Alagad, Luzon Farmers Party (BUTIL), Cooperative-Natco Network Party
(COOP-NATCCO), Anak Pawis, Alliance of Rural Concerns (ARC), and Abono. We
The Case quote NBC Resolution No. 07-60 in its entirety below:

Petitioner in G.R. No. 179271 Barangay Association for National Advancement and WHEREAS, the Commission on Elections sitting en banc as
Transparency (BANAT) in a petition for certiorari and mandamus, 1 assails the National Board of Canvassers, thru its Sub-Committee for Party-
Resolution 2 promulgated on 3 August 2007 by the Commission on Elections List, as of 03 July 2007, had officially canvassed, in open and
public proceedings, a total of fifteen million two hundred eighty for the additional seats of each party, organization or coalition
three thousand six hundred fifty-nine (15,283,659) votes under receiving more than the required two percent (2%) votes, stating
the Party-List System of Representation, in connection with the that the same shall be determined only after all party-list ballots
National and Local Elections conducted last 14 May 2007; have been completely canvassed;

WHEREAS, the study conducted by the Legal and Tabulation WHEREAS, the parties, organizations, and coalitions that have
Groups of the National Board of Canvassers reveals that the thus far garnered at least three hundred thirty four thousand
projected/maximum total party-list votes cannot go any higher than four hundred sixty-two (334,462) votes are as follows:
sixteen million seven hundred twenty three thousand one
hundred twenty-one (16,723,121) votes given the following
statistical data:

RANK PARTY/ORGANIZATION/ VOTES


Projected/Maximum Party-List Votes for May 2007 Elections COALITION RECEIVED

i. Total party-list votes already canvassed/ 15,283,659 1 BUHAY 1,163,218


tabulated
2 BAYAN MUNA 972,730
ii. Total party-list votes remaining uncanvassed/ 1,337,032 3 CIBAC 760,260
untabulated (i.e. canvass deferred) 4 GABRIELA 610,451
5 APEC 538,971
iii. Maximum party-list votes (based on 100% 102,430
outcome) from areas not yet submitted for 6 A TEACHER 476,036
canvass (Bogo, Cebu; Bais City; Pantar, 7 AKBAYAN 470,872
Lanao del Norte; and Pagalungan, 8 ALAGAD 423,076
Maguindanao)
9 BUTIL 405,052
Maximum Total Party-List Votes 16,723,121 10 COOP-NATCO 390,029
11 BATAS 386,361
12 ANAK PAWIS 376,036
WHEREAS, Section 11 of Republic Act No. 7941 (Party-List
13 ARC 338,194
System Act) provides in part:
14 ABONO 337,046
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 WHEREAS, except for Bagong Alyansang Tagapagtaguyod ng
three (3) seats. Adhikaing Sambayanan (BATAS), against which an URGENT
PETITION FOR CANCELLATION/REMOVAL OF REGISTRATION
AND DISQUALIFICATION OF PARTY-LIST NOMINEE (With
WHEREAS, for the 2007 Elections, based on the above projected Prayer for the Issuance of Restraining Order) has been filed before
total of party-list votes, the presumptive two percent (2%) threshold the Commission, docketed as SPC No. 07-250, all the parties,
can be pegged at three hundred thirty four thousand four organizations and coalitions included in the aforementioned list are
hundred sixty-two (334,462) votes; therefore entitled to at least one seat under the party-list system of
representation in the meantime. SATDHE
WHEREAS, the Supreme Court, in Citizen's Battle Against
Corruption (CIBAC) versus COMELEC, reiterated its ruling in
Veterans Federation Party versus COMELEC adopting a formula
NOW, THEREFORE, by virtue of the powers vested in it by the versus COMELEC formula upon completion of the canvass of the
Constitution, the Omnibus Election Code, Executive Order No. 144, party-list results.
Republic Act Nos. 6646, 7166, 7941, and other election laws, the
Commission on Elections, sitting en banc as the National Board of The proclamation of Bagong Alyansang Tagapagtaguyod ng
Canvassers, hereby RESOLVES to PARTIALLY PROCLAIM, Adhikaing Sambayanan (BATAS) is hereby deferred until final
subject to certain conditions set forth below, the following parties, resolution of SPC No. 07-250, in order not to render the
organizations and coalitions participating under the Party-List proceedings therein moot and academic.
System:
Finally, all proclamation of the nominees of concerned parties,
organizations and coalitions with pending disputes shall likewise be
held in abeyance until final resolution of their respective cases.
1 Buhay Hayaan Yumabong BUHAY
2 Bayan Muna BAYAN MUNA Let the Clerk of the Commission implement this Resolution,
3 Citizens Battle Against Corruption CIBAC furnishing a copy thereof to the Speaker of the House of
Representatives of the Philippines.
4 Gabriela Women's Party GABRIELA
5 Association of Philippine Electric APEC SO ORDERED. 8 (Emphasis in the original)
Cooperatives
6 Advocacy for Teacher A TEACHER Pursuant to NBC Resolution No. 07-60, the COMELEC, acting as NBC, promulgated
Empowerment Through NBC Resolution No. 07-72, which declared the additional seats allocated to the
Action, Cooperation and appropriate parties. We quote from the COMELEC's interpretation of the Veterans
formula as found in NBC Resolution No. 07-72:
Harmony Towards
Educational Reforms, Inc. WHEREAS, on July 9, 2007, the Commission on Elections sitting
7 Akbayan! Citizen's Action Party AKBAYAN en banc as the National Board of Canvassers proclaimed thirteen
8 Alagad ALAGAD (13) qualified parties, organization[s] and coalitions based on the
presumptive two percent (2%) threshold of 334,462 votes from the
9 Luzon Farmers Party BUTIL
projected maximum total number of party-list votes of 16,723,121,
10 Cooperative-Natco Network Party COOP-NATCCO and were thus given one (1) guaranteed party-list seat each;
11 Anak Pawis ANAKPAWIS
12 Alliance of Rural Concerns ARC WHEREAS, per Report of the Tabulation Group and Supervisory
13 Abono ABONO Committee of the National Board of Canvassers, the projected
maximum total party-list votes, as of July 11, 2007, based on the
votes actually canvassed, votes canvassed but not included in
Report No. 29, votes received but uncanvassed, and maximum
votes expected for Pantar, Lanao del Norte, is 16,261,369; and that
the projected maximum total votes for the thirteen (13) qualified
parties, organizations and coalition[s] are as follows:
This is without prejudice to the proclamation of other parties,
organizations, or coalitions which may later on be established to
have obtained at least two percent (2%) of the total actual votes
cast under the Party-List System. Party-List Projected total number of votes

1 BUHAY 1,178,747
2 BAYAN MUNA 977,476
The total number of seats of each winning party, organization or
coalition shall be determined pursuant to Veterans Federation Party 3 CIBAC 755,964
4 GABRIELA 621,718
5 APEC 622,489
6 A TEACHER 492,369
7 AKBAYAN 462,674
8 ALAGAD 423,190
Proportion of votes received Additional seats
9 BUTIL 409,298
by the first party
10 COOP-NATCO 412,920
11 ANAKPAWIS 370,165
Equal to or at least 6% Two (2) additional seats
12 ARC 375,846
Equal to or greater than 4% but lessthan 6% One (1) additional seat
13 ABONO 340,151
Less than 4% No additional seat

WHEREAS, based on the above Report, Buhay Hayaan Yumabong


(Buhay) obtained the highest number of votes among the thirteen WHEREAS, applying the above formula, Buhay obtained the
(13) qualified parties, organizations and coalitions, making it the following percentage:
"first party" in accordance with Veterans Federation Party versus
COMELEC, reiterated in Citizen's Battle Against Corruption
(CIBAC) versus COMELEC; acITSD

1,178,747
WHEREAS, qualified parties, organizations and coalitions = 0.07248 or 7.2%
participating under the party-list system of representation that have 16,261,369
obtained one guaranteed (1) seat may be entitled to an additional
seat or seats based on the formula prescribed by the Supreme
Court in Veterans;

WHEREAS, in determining the additional seats for the "first party",


the correct formula as expressed in Veterans, is:
which entitles it to two (2) additional seats.

Number of votes of first party Proportion of votes of first


= party relative to total votes for WHEREAS, in determining the additional seats for the other
Total votes for party-list system party-list system qualified parties, organizations and coalitions, the correct formula
as expressed in Veterans and reiterated in CIBAC is, as follows:

No. of votes of
concerned party No. of additional
wherein the proportion of votes received by the first party (without
Additional seats for = x seats allocated to
rounding off) shall entitle it to additional seats:
a concerned party No. of votes of first party
first party
BUHAY 2
BAYAN MUNA 1
CIBAC 1
GABRIELA 1
WHEREAS, applying the above formula, the results are as follows:
APEC 1

Party List Percentage Additional Seat


This is without prejudice to the proclamation of other parties,
organizations or coalitions which may later on be established to
BAYAN MUNA 1.65 1 have obtained at least two per cent (2%) of the total votes cast
CIBAC 1.28 1 under the party-list system to entitle them to one (1) guaranteed
seat, or to the appropriate percentage of votes to entitle them to
GABRIELA 1.05 1 one (1) additional seat.
APEC 1.05 1
A TEACHER 0.83 0
AKBAYAN 0.78 0
ALAGAD 0.71 0 Finally, all proclamation of the nominees of concerned parties,
BUTIL 0.69 0 organizations and coalitions with pending disputes shall likewise be
held in abeyance until final resolution of their respective cases.
COOP-NATCO 0.69 0
ANAKPAWIS 0.62 0
Let the National Board of Canvassers Secretariat implement this
ARC 0.63 0 Resolution, furnishing a copy hereof to the Speaker of the House of
ABONO 0.57 0 Representatives of the Philippines.

SO ORDERED. 9

Acting on BANAT's petition, the NBC promulgated NBC Resolution No. 07-88 on 3
August 2007, which reads as follows:
NOW THEREFORE, by virtue of the powers vested in it by the
Constitution, Omnibus Election Code, Executive Order No. 144, This pertains to the Petition to Proclaim the Full Number of Party-
Republic Act Nos. 6646, 7166, 7941 and other elections laws, the List Representatives Provided by the Constitution filed by the
Commission on Elections en banc sitting as the National Board of Barangay Association for National Advancement and Transparency
Canvassers, hereby RESOLVED, as it hereby RESOLVES, to (BANAT).
proclaim the following parties, organizations or coalitions as entitled
to additional seats, to wit: Acting on the foregoing Petition of the Barangay Association for
National Advancement and Transparency (BANAT) party-list, Atty.
Alioden D. Dalaig, Head, National Board of Canvassers Legal
Group submitted his comments/observations and recommendation
thereon [NBC 07-041 (PL)], which reads:

COMMENTS/OBSERVATIONS:
Party List Additional Seats
Petitioner Barangay Association for National Advancement Local Elections" resolved among others that the total
and Transparency (BANAT), in its Petition to Proclaim the number of seats of each winning party, organization or
Full Number of Party-List Representatives Provided by the coalition shall be determined pursuant to the Veterans
Constitution prayed for the following reliefs, to wit: Federation Party versus COMELEC formula upon
completion of the canvass of the party-list results".
1.That the full number twenty percent (20%) of
Party-List representatives as mandated by Section 5, WHEREFORE, premises considered, the National Board of
Article VI of the Constitution shall be proclaimed. CaDEAT Canvassers RESOLVED, as it hereby RESOLVES, to approve and
adopt the recommendation of Atty. Alioden D. Dalaig, Head, NBC
2.Paragraph (b), Section 11 of RA 7941 which prescribes Legal Group, to DENY the herein petition of BANAT for being moot
the 2% threshold votes, should be harmonized with and academic.
Section 5, Article VI of the Constitution and with Section
12 of the same RA 7941 in that it should be applicable Let the Supervisory Committee implement this resolution.
only to the first party-list representative seats to be allotted
on the basis of their initial/first ranking. SO ORDERED. 10

3.The 3-seat limit prescribed by RA 7941 shall be applied; BANAT filed a petition for certiorari and mandamus assailing the ruling in NBC
and Resolution No. 07-88. BANAT did not file a motion for reconsideration of NBC
Resolution No. 07-88.
4.Initially, all party-list groups shall be given the number of
seats corresponding to every 2% of the votes they On 9 July 2007, Bayan Muna, Abono, and A Teacher asked the COMELEC, acting as
received and the additional seats shall be allocated in NBC, to reconsider its decision to use the Veterans formula as stated in its NBC
accordance with Section 12 of RA 7941, that is, in Resolution No. 07-60 because the Veterans formula is violative of the Constitution and
proportion to the percentage of votes obtained by each of Republic Act No. 7941 (R.A. No. 7941). On the same day, the COMELEC denied
party-list group in relation to the total nationwide votes reconsideration during the proceedings of the NBC. 11
cast in the party-list election, after deducting the
corresponding votes of those which were allotted seats
under the 2% threshold rule. In fine, the formula/procedure Aside from the thirteen party-list organizations proclaimed on 9 July 2007, the
prescribed in the "ALLOCATION OF PARTY-LIST SEATS, COMELEC proclaimed three other party-list organizations as qualified parties entitled to
ANNEX "A" of COMELEC RESOLUTION 2847 dated 25 one guaranteed seat under the Party-List System: Agricultural Sector Alliance of the
June 1996, shall be used for [the] purpose of determining Philippines, Inc. (AGAP), 12 Anak Mindanao (AMIN), 13 and An Waray. 14 Per the
how many seats shall be proclaimed, which party-list certification 15 by COMELEC, the following party-list organizations have been
groups are entitled to representative seats and how many proclaimed as of 19 May 2008:
of their nominees shall seat [sic].

5.In the alternative, to declare as unconstitutional Section


11 of Republic Act No. 7941 and that the procedure in Party-List No. of Seat(s)
allocating seats for party-list representative prescribed by
Section 12 of RA 7941 shall be followed.
1.1 Buhay 3
RECOMMENDATION: 1.2 Bayan Muna 2
1.3 CIBAC 2
The petition of BANAT is now moot and academic. 1.4 Gabriela 2
1.5 APEC 2
The Commission En Banc in NBC Resolution No. 07-60 1.6 A Teacher 1
promulgated July 9, 2007 re "In the Matter of the Canvass
1.7 Akbayan 1
of Votes and Partial Proclamation of the Parties,
Organizations and Coalitions Participating Under the 1.8 Alagad 1
Party-List System During the May 14, 2007 National and 1.9 Butil 1
1.10 Coop-Natco [sic] 1 A.Violates the constitutional principle of proportional
representation.
1.11 Anak Pawis 1
1.12 ARC 1
B.Violates the provisions of RA 7941 particularly:
1.13 Abono 1
1.14 AGAP 1 1.The 2-4-6 Formula used by the First Party Rule
1.15 AMIN 1 in allocating additional seats for the
"First Party" violates the principle of
proportional representation under RA
7941.

2.The use of two formulas in the allocation of


additional seats, one for the "First Party"
The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing and another for the qualifying parties,
Sambayanan (BATAS), against which an Urgent Petition for Cancellation/Removal violates Section 11(b) of RA 7941.
of Registration and Disqualification of Party-list Nominee (with Prayer for the
Issuance of Restraining Order) has been filed before the COMELEC, was deferred
pending final resolution of SPC No. 07-250. SaHIEA 3.The proportional relationships under the First
Party Rule are different from those
required under RA 7941;

Issues
C.Violates the "Four Inviolable Parameters" of the
BANAT brought the following issues before this Court: Philippine party-list system as provided for under
the same case of Veterans Federation Party, et
1.Is the twenty percent allocation for party-list representatives al. v. COMELEC.
provided in Section 5(2), Article VI of the Constitution
mandatory or is it merely a ceiling? II.Presuming that the Commission on Elections did not commit
grave abuse of discretion amounting to lack or excess of
2.Is the three-seat limit provided in Section 11(b) of RA 7941 jurisdiction when it implemented the First-Party Rule in the
constitutional? allocation of seats to qualified party-list organizations, the
same being merely in consonance with the ruling in
Veterans Federations Party, et al. v. COMELEC, the
3.Is the two percent threshold and "qualifier" votes prescribed by
the same Section 11(b) of RA 7941 constitutional? instant Petition is a justiciable case as the issues involved
herein are constitutional in nature, involving the correct
interpretation and implementation of RA 7941, and are of
4.How shall the party-list representatives be allocated? 16 transcendental importance to our nation. 17

Bayan Muna, A Teacher, and Abono, on the other hand, raised the following issues in Considering the allegations in the petitions and the comments of the parties in these
their petition: cases, we defined the following issues in our advisory for the oral arguments set on 22
April 2008:
I.Respondent Commission on Elections, acting as National Board
of Canvassers, committed grave abuse of discretion 1.Is the twenty percent allocation for party-list representatives in
amounting to lack or excess of jurisdiction when it Section 5(2), Article VI of the Constitution mandatory or
promulgated NBC Resolution No. 07-60 to implement the merely a ceiling?
First-Party Rule in the allocation of seats to qualified party-
list organizations as said rule:
2.Is the three-seat limit in Section 11(b) of RA 7941 constitutional?
3.Is the two percent threshold prescribed in Section 11(b) of RA inhabitants, and on the basis of a uniform and progressive ratio,
7941 to qualify for one seat constitutional? and those who, as provided by law, shall be elected through a
party-list system of registered national, regional, and sectoral
4.How shall the party-list representative seats be allocated? parties or organizations.

5.Does the Constitution prohibit the major political parties from (2)The party-list representatives shall constitute twenty per centum
participating in the party-list elections? If not, can the of the total number of representatives including those under the
major political parties be barred from participating in the party-list. For three consecutive terms after the ratification of this
party-list elections? 18 Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous cultural
The Ruling of the Court communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.
The petitions have partial merit. We maintain that a Philippine-style party-list election
has at least four inviolable parameters as clearly stated in Veterans. For easy reference, The first paragraph of Section 11 of R.A. No. 7941 reads:
these are:
Section 11.Number of Party-List Representatives. The party-list
First, the twenty percent allocation the combined number of all representatives shall constitute twenty per centum (20%) of the
party-list congressmen shall not exceed twenty percent of the total total number of the members of the House of Representatives
membership of the House of Representatives, including those including those under the party-list.
elected under the party list;
xxx xxx xxx
Second, the two percent threshold only those parties garnering a
minimum of two percent of the total valid votes cast for the party-list
system are "qualified" to have a seat in the House of Section 5 (1), Article VI of the Constitution states that the "House of Representatives
Representatives; shall be composed of not more than two hundred and fifty members, unless otherwise
fixed by law". The House of Representatives shall be composed of district
representatives and party-list representatives. The Constitution allows the legislature to
Third, the three-seat limit each qualified party, regardless of the modify the number of the members of the House of Representatives.
number of votes it actually obtained, is entitled to a maximum of
three seats; that is, one "qualifying" and two additional seats;
Section 5 (2), Article VI of the Constitution, on the other hand, states the ratio of party-
list representatives to the total number of representatives. We compute the number of
Fourth, proportional representation the additional seats which a seats available to party-list representatives from the number of legislative districts. On
qualified party is entitled to shall be computed "in proportion to their this point, we do not deviate from the first formula in Veterans, thus:
total number of votes". 19 ITSacC

However, because the formula in Veterans has flaws in its mathematical


interpretation of the term "proportional representation", this Court is compelled to
revisit the formula for the allocation of additional seats to party-list organizations. Number of seats available to Number of seats available to
legislative districts x .20 = party-list representatives
Number of Party-List Representatives:
The Formula Mandated by the Constitution .80

Section 5, Article VI of the Constitution provides:

Section 5.(1)The House of Representatives shall be composed of


not more than two hundred and fifty members, unless otherwise
fixed by law, who shall be elected from legislative districts
This formula allows for the corresponding increase in the number of seats available
apportioned among the provinces, cities, and the Metropolitan
for party-list representatives whenever a legislative district is created by law. Since
Manila area in accordance with the number of their respective
the 14th Congress of the Philippines has 220 district representatives, there are 55 (b)The parties, organizations, and coalitions receiving at least two
seats available to party-list representatives. 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.

220 Section 12.Procedure in Allocating Seats for Party-List


x .20 = 55 Representatives. The COMELEC shall tally all the votes for the
.80 parties, organizations, or coalitions on a nationwide basis, rank
them according to the number of votes received and allocate party-
list representatives proportionately according to the percentage of
votes obtained by each party, organization, or coalition as against
the total nationwide votes cast for the party-list system. (Emphasis
supplied)

After prescribing the ratio of the number of party-list representatives to the total number
of representatives, the Constitution left the manner of allocating the seats available In G.R. No. 179271, BANAT presents two interpretations through three formulas to
to party-list representatives to the wisdom of the legislature. allocate party-list representative seats.

The first interpretation allegedly harmonizes the provisions of Section 11 (b) on the 2%
requirement with Section 12 of R.A. No. 7941. BANAT described this procedure as
follows: ASEIDH
Allocation of Seats for Party-List Representatives:
The Statutory Limits Presented by the Two Percent Threshold
and the Three-Seat Cap (a)The party-list representatives shall constitute twenty percent
(20%) of the total Members of the House of Representatives
including those from the party-list groups as prescribed by Section
All parties agree on the formula to determine the maximum number of seats reserved 5, Article VI of the Constitution, Section 11 (1st par.) of RA 7941
under the Party-List System, as well as on the formula to determine the guaranteed and Comelec Resolution No. 2847 dated 25 June 1996. Since there
seats to party-list candidates garnering at least two-percent of the total party-list votes. are 220 District Representatives in the 14th Congress, there shall
However, there are numerous interpretations of the provisions of R.A. No. 7941 on the be 55 Party-List Representatives. All seats shall have to be
allocation of "additional seats" under the Party-List System. Veterans produced the proclaimed.
First Party Rule, 20 and Justice Vicente V. Mendoza's dissent in Veterans presented
Germany's Niemeyer formula 21 as an alternative.
(b)All party-list groups shall initially be allotted one (1) seat for
every two per centum (2%) of the total party-list votes they
The Constitution left to Congress the determination of the manner of allocating the seats obtained; provided, that no party-list groups shall have more than
for party-list representatives. Congress enacted R.A. No. 7941, paragraphs (a) and (b) three (3) seats (Section 11, RA 7941).
of Section 11 and Section 12 of which provide:
(c)The remaining seats shall, after deducting the seats obtained by
Section 11.Number of Party-List Representatives. . . . the party-list groups under the immediately preceding paragraph
and after deducting from their total the votes corresponding to
In determining the allocation of seats for the second vote, 22 the those seats, the remaining seats shall be allotted proportionately to
following procedure shall be observed: all the party-list groups which have not secured the maximum three
(3) seats under the 2% threshold rule, in accordance with Section
12 of RA 7941. 23
(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. Forty-four (44) party-list seats will be awarded under BANAT's first interpretation.
The second interpretation presented by BANAT assumes that the 2% vote requirement
is declared unconstitutional, and apportions the seats for party-list representatives by
following Section 12 of R.A. No. 7941. BANAT states that the COMELEC:
Rank Party Votes
Garnered
(a)shall tally all the votes for the parties, organizations, or coalitions
on a nationwide basis;
1 BUHAY 1,169,234
2 BAYAN MUNA 979,039
(b)rank them according to the number of votes received; and,
3 CIBAC 755,686
4 GABRIELA 621,171
(c)allocate party-list representatives proportionately according to
5 APEC 619,657
the percentage of votes obtained by each party,
organization or coalition as against the total nationwide 6 A TEACHER 490,379
votes cast for the party-list system. 24 7 AKBAYAN 466,112
8 ALAGAD 423,149
9 COOP-NATCCO 409,883
10 BUTIL 409,160
BANAT used two formulas to obtain the same results: one is based on the 11 BATAS 385,810
proportional percentage of the votes received by each party as against the total 12 ARC 374,288
nationwide party-list votes, and the other is "by making the votes of a party-list with 13 ANAKPAWIS 370,261
a median percentage of votes as the divisor in computing the allocation of seats". 14 ABONO 339,990
25 Thirty-four (34) party-list seats will be awarded under BANAT's second 15 AMIN 338,185
interpretation. 16 AGAP 328,724
17 AN WARAY 321,503
In G.R. No. 179295, Bayan Muna, Abono, and A Teacher criticize both the COMELEC's 18 YACAP 310,889
original 2-4-6 formula and the Veterans formula for systematically preventing all the
19 FPJPM 300,923
party-list seats from being filled up. They claim that both formulas do not factor in the
total number of seats allotted for the entire Party-List System. Bayan Muna, Abono, and 20 UNI-MAD 245,382
A Teacher reject the three-seat cap, but accept the 2% threshold. After determining the 21 ABS 235,086
qualified parties, a second percentage is generated by dividing the votes of a qualified 22 KAKUSA 228,999
party by the total votes of all qualified parties only. The number of seats allocated to a 23 KABATAAN 228,637
qualified party is computed by multiplying the total party-list seats available with the 24 ABA-AKO 218,818
second percentage. There will be a first round of seat allocation, limited to using the 25 ALIF 217,822
whole integers as the equivalent of the number of seats allocated to the concerned
26 SENIOR CITIZENS 213,058
party-list. After all the qualified parties are given their seats, a second round of seat
allocation is conducted. The fractions, or remainders, from the whole integers are 27 AT 197,872
ranked from highest to lowest and the remaining seats on the basis of this ranking are 28 VFP 196,266
allocated until all the seats are filled up. 26 29 ANAD 188,521
30 BANAT 177,028
We examine what R.A. No. 7941 prescribes to allocate seats for party-list 31 ANG KASANGGA 170,531
representatives. 32 BANTAY 169,801
33 ABAKADA 166,747
Section 11 (a) of R.A. No. 7941 prescribes the ranking of the participating parties from 34 1-UTAK 164,980
the highest to the lowest based on the number of votes they garnered during the 35 TUCP 162,647
elections. 36 COCOFED 155,920
37 AGHAM 146,032
Table 1. Ranking of the participating parties from the highest to the 38 ANAK 141,817
lowest based on the number of votes garnered during the elections. 39 ABANSE! PINAY 130,356
27 40 PM 119,054
41 AVE 110,769 86 APO 16,421
42 SUARA 110,732 87 BIYAYANG BUKID 16,241
43 ASSALAM 110,440 88 ATS 14,161
44 DIWA 107,021 89 UMDJ 9,445
45 ANC 99,636 90 BUKLOD FILIPINA 8,915
46 SANLAKAS 97,375 91 LYPAD 8,471
47 ABC 90,058 92 AA-KASOSYO 8,406
48 KALAHI 88,868 93 KASAPI 6,221
49 APOI 79,386
50 BP 78,541 TOTAL 15,950,900
51 AHONBAYAN 78,424 =========
52 BIGKIS 77,327
53 PMAP 75,200
54 AKAPIN 74,686
55 PBA 71,544
56 GRECON 62,220
57 BTM 60,993 The first clause of Section 11 (b) of R.A. No. 7941 states that "parties, organizations,
58 A SMILE 58,717 and coalitions receiving at least two percent (2%) of the total votes cast for the party-list
59 NELFFI 57,872 system shall be entitled to one seat each". This clause guarantees a seat to the two-
60 AKSA 57,012 percenters. In Table 2 below, we use the first 20 party-list candidates for illustration
61 BAGO 55,846 purposes. The percentage of votes garnered by each party is arrived at by dividing the
62 BANDILA 54,751 number of votes garnered by each party by 15,950,900, the total number of votes cast
for all party-list candidates.
63 AHON 54,522
64 ASAHAN MO 51,722
65 AGBIAG! 50,837
66 SPI 50,478
67 BAHANDI 46,612 Table 2.The first 20 party-list candidates and their respective
percentage of votes garnered over the total votes for the party-list.
68 ADD 45,624
28
69 AMANG SCIAaT 43,062
70 ABAY PARAK 42,282
71 BABAE KA 36,512
72 SB 34,835
Rank Party Votes Votes
73 ASAP 34,098
74 PEP 33,938 Garnered Garnered over
75 ABA ILONGGO 33,903 Total Votes
76 VENDORS 33,691 for Party-List,
77 ADD-TRIBAL 32,896 in %
78 ALMANA 32,255
79 AANGAT KA PILIPINO 29,130
1 BUHAY 1,169,234 7.33%
80 AAPS 26,271
2 BAYAN MUNA 979,039 6.14%
81 HAPI 25,781
82 AAWAS 3 22,946 CIBAC 755,686 4.74%
83 SM 4 20,744 GABRIELA 621,171 3.89%
84 AG 5 16,916 APEC 619,657 3.88%
85 AGING PINOY 6 16,729 A TEACHER 490,379 3.07%
KBAYAN 466,112 2.92% 20% of1 the members of the House of Representatives shall consist of party-list
representatives.
LAGAD 423,149 2.65% 1
OOP-NATCCO 409,883 2.57% 1
To illustrate: There are 55 available party-list seats. Suppose there are 50 million votes
UTIL 409,160 2.57% cast for1 the 100 participants in the party list elections. A party that has two percent of
ATAS 29 385,810 2.42% 1 cast, or one million votes, gets a guaranteed seat. Let us further assume that
the votes
RC 374,288 2.35% the first1 50 parties all get one million votes. Only 50 parties get a seat despite the
availability of 55 seats. Because of the operation of the two percent threshold, this
NAKPAWIS 370,261 2.32% 1
situation will repeat itself even if we increase the available party-list seats to 60 seats
BONO 339,990 2.13% and even1 if we increase the votes cast to 100 million. Thus, even if the maximum
MIN 338,185 2.12% number1 of parties get two percent of the votes for every party, it is always impossible for
GAP IDTHcA 328,724 2.06% the number
1 of occupied party-list seats to exceed 50 seats as long as the two percent
threshold is present.
N WARAY 321,503 2.02% 1
strike down the two percent threshold only in relation to the distribution of
We therefore
otal 17
the additional seats as found in the second clause of Section 11 (b) of R.A. No. 7941.
The two ===percent threshold presents an unwarranted obstacle to the full implementation
of Section 5 (2), Article VI of the Constitution and prevents the attainment of "the
ACAP 310,889 1.95% 0
broadest possible representation of party, sectoral or group interests in the House of
PJPM 300,923 1.89% 0
Representatives". 30
NI-MAD 245,382 1.54% 0
In determining the allocation of seats for party-list representatives under Section 11 of
R.A. No. 7941, the following procedure shall be observed:

1.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.
From Table 2 above, we see that only 17 party-list candidates received at least 2% from
the total number of votes cast for party-list candidates. The 17 qualified party-list
candidates, or the two-percenters, are the party-list candidates that are "entitled to one 2.The parties, organizations, and coalitions receiving at least two
seat each", or the guaranteed seat. In this first round of seat allocation, we distributed percent (2%) of the total votes cast for the party-list
17 guaranteed seats. system shall be entitled to one guaranteed seat each.

3.Those garnering sufficient number of votes, according to the


ranking in paragraph 1, shall be entitled to additional seats
in proportion to their total number of votes until all the
The second clause of Section 11 (b) of R.A. No. 7941 provides that "those garnering additional seats are allocated.
more than two percent (2%) of the votes shall be entitled to additional seats in
proportion to their total number of votes". This is where petitioners' and intervenors'
problem with the formula in Veterans lies. Veterans interprets the clause "in proportion 4.Each party, organization, or coalition shall be entitled to not more
to their total number of votes" to be in proportion to the votes of the first party. This than three (3) seats.
interpretation is contrary to the express language of R.A. No. 7941. IATHaS
In computing the additional seats, the guaranteed seats shall no longer be included
We rule that, in computing the allocation of additional seats, the continued operation of because they have already been allocated, at one seat each, to every two-percenter.
the two percent threshold for the distribution of the additional seats as found in the Thus, the remaining available seats for allocation as "additional seats" are the maximum
second clause of Section 11 (b) of R.A. No. 7941 is unconstitutional. This Court finds seats reserved under the Party List System less the guaranteed seats. Fractional seats
that the two percent threshold makes it mathematically impossible to achieve the are disregarded in the absence of a provision in R.A. No. 7941 allowing for a rounding
maximum number of available party list seats when the number of available party list off of fractional seats.
seats exceeds 50. The continued operation of the two percent threshold in the
distribution of the additional seats frustrates the attainment of the permissive ceiling that In declaring the two percent threshold unconstitutional, we do not limit our allocation of
additional seats in Table 3 below to the two-percenters. The percentage of votes
garnered by each party-list15candidate is arrivedAMIN at by dividing the number of votes 338,185 2.12% 1 1
garnered by each party by 15,950,900, the total number of votes cast for party-list
16 AGAP 328,724 2.06% 1 1
candidates. There are two steps in the second round of seat allocation. First, the
percentage is multiplied by 17 AN WARAY
the remaining available seats, 38, which is the difference 321,503 2.02% 1 1
between the 55 maximum 18 seats reserved under the Party-List System and the 17
YACAP 310,889 1.95% 0 1
guaranteed seats of the two-percenters.
19 The FPJPM
whole integer of the product of the 300,923 1.89% 0 1
percentage and of the remaining available seats corresponds to a party's share in the
20
remaining available seats. Second, we assign oneUNI-MAD
party-list seat to each of the parties 245,382 1.54% 0 1
21seats are completely
next in rank until all available ABSdistributed. We distributed all of the 235,086 1.47% 0 1
remaining 38 seats in the second
22 round of seat allocation.
KAKUSA Finally, we apply the three- 228,999 1.44% 0 1
seat cap to determine the number of seats each qualified party-list candidate is entitled.
23 KABATAAN 228,637 1.43% 0 1
Thus:
24 ABA-AKO 218,818 1.37% 0 1
25 ALIF 217,822 1.37% 0 1
26 SENIOR CITIZENS 213,058 1.34% 0 1
Table 3.Distribution27 of Available Party-List
AT Seats 197,872 1.24% 0 1
28 VFP 196,266 1.23% 0 1
29 ANAD 188,521 1.18% 0 1
30 BANAT 177,028 1.11% 0 1
Votes Votes
31 ANG Guaranteed
KASANGGA Additional 170,531 (B) plus 1.07% Applying 0 1
Garnered Garnered
32 Seat
BANTAY Seats 169,801 (C), in 1.06% the three 0 1
over
33 ABAKADA 166,747 whole 1.05% seat 0 1
Total
34 1-UTAK 164,980 integers 1.03% cap 0 1
Votes
35 for TUCP 162,647 1.02% 0 1
Party
36 List, COCOFED 155,920 0.98% 0 1
in %
Total (First (Second 17
Round) Round) ====
(A) (B) (C) (D) (E)
1,169,234 7.33% 1 2.79 3 N.A.
979,039 6.14% 1 2.33 3 N.A.
755,686 4.74% 1 1.80 2 N.A.
621,171 3.89% 1 1.48 2 N.A.
619,657 3.88% 1 1.48 Applying the 2 procedure of seat allocation
N.A. as illustrated in Table 3 above, there are 55
party-list representatives from the 36 winning party-list organizations. All 55 available
490,379 3.07% 1 1.17 2
party-list seats N.A. seats allocated to the parties with sufficient
are filled. The additional
466,112 2.92% 1 1.11 2
number of votes for one whole seat, N.A.
in no case to exceed a total of three seats for each
423,149 2.65% 1 1.01 party, are shown
2 in column (D). IcADSE
N.A.
409,883 2.57% 1 1 2 N.A.
409,160 2.57% 1 1 2 N.A.
385,810 2.42% 1 1 2 N.A.
Participation of Major Political Parties in Party-List Elections
374,288 2.35% 1 1 2 N.A.
370,261 2.32% 1 1 2 N.A.
339,990 2.13% 1 1 2 N.A.
The Constitutional Commission adopted a multi-party system that allowed all political May I be clarified on that? Can UNIDO participate in the party list
parties to participate in the party-list elections. The deliberations of the system?
Constitutional Commission clearly bear this out, thus:
MR. VILLACORTA.
MR. MONSOD.
Yes, why not? For as long as they field candidates who come
Madam President, I just want to say that we suggested or proposed from the different marginalized sectors that we shall
the party list system because we wanted to open up the designate in this Constitution.
political system to a pluralistic society through a multiparty
system. . . . We are for opening up the system, and we MR. MONSOD.
would like very much for the sectors to be there. That
is why one of the ways to do that is to put a ceiling on
the number of representatives from any single party Suppose Senator Taada wants to run under BAYAN group and
that can sit within the 50 allocated under the party list says that he represents the farmers, would he qualify?
system. . . . .
MR. VILLACORTA.
xxx xxx xxx
No, Senator Taada would not qualify.
MR. MONSOD.
MR. MONSOD.
Madam President, the candidacy for the 198 seats is not limited to
political parties. My question is this: Are we going to But UNIDO can field candidates under the party list system and say
classify for example Christian Democrats and Social Juan dela Cruz is a farmer. Who would pass on whether
Democrats as political parties? Can they run under the he is a farmer or not?
party list concept or must they be under the district
legislation side of it only? MR. TADEO.

MR. VILLACORTA. Kay Commissioner Monsod, gusto ko lamang linawin ito. Political
parties, particularly minority political parties, are not
In reply to that query, I think these parties that the Commissioner prohibited to participate in the party list election if
mentioned can field candidates for the Senate as well as they can prove that they are also organized along
for the House of Representatives. Likewise, they can sectoral lines.
also field sectoral candidates for the 20 percent or 30
percent, whichever is adopted, of the seats that we are MR. MONSOD.
allocating under the party list system.

What the Commissioner is saying is that all political parties can


MR. MONSOD. participate because it is precisely the contention of political
parties that they represent the broad base of citizens and
In other words, the Christian Democrats can field district candidates that all sectors are represented in them. Would the
and can also participate in the party list system? Commissioner agree?

MR. VILLACORTA. MR. TADEO.

Why not? When they come to the party list system, they will be Ang punto lamang namin, pag pinayagan mo ang UNIDO na isang
fielding only sectoral candidates. political party, it will dominate the party list at mawawalang
saysay din yung sector. Lalamunin mismo ng political
MR. MONSOD. parties ang party list system. Gusto ko lamang bigyan ng
diin ang "reserve". Hindi ito reserve seat sa marginalized
sectors. Kung titingnan natin itong 198 seats, reserved din amendment will create conditions that will challenge both
ito sa political parties. the mass organizations and the political parties to come
together. And the party list system is certainly available,
MR. MONSOD. DAETHc although it is open to all the parties. It is understood that
the parties will enter in the roll of the COMELEC the
names of representatives of mass organizations affiliated
Hindi po reserved iyon kasi anybody can run there. But my question with them. So that we may, in time, develop this excellent
to Commissioner Villacorta and probably also to system that they have in Europe where labor
Commissioner Tadeo is that under this system, would organizations and cooperatives, for example, distribute
UNIDO be banned from running under the party list themselves either in the Social Democratic Party and the
system? Christian Democratic Party in Germany, and their very
presence there has a transforming effect upon the
MR. VILLACORTA. philosophies and the leadership of those parties.

No, as I said, UNIDO may field sectoral candidates. On that It is also a fact well known to all that in the United States, the AFL-
condition alone, UNIDO may be allowed to register for CIO always vote with the Democratic Party. But the
the party list system. businessmen, most of them, always vote with the
Republican Party, meaning that there is no reason at all
MR. MONSOD. why political parties and mass organizations should not
combine, reenforce, influence and interact with each other
so that the very objectives that we set in this Constitution
May I inquire from Commissioner Tadeo if he shares that answer? for sectoral representation are achieved in a wider, more
lasting, and more institutionalized way. Therefore, I
MR. TADEO. support this [Monsod-Villacorta] amendment. It installs
sectoral representation as a constitutional gift, but at the
same time, it challenges the sector to rise to the majesty
The same.
of being elected representatives later on through a party
list system; and even beyond that, to become actual
MR. VILLACORTA. political parties capable of contesting political power in the
wider constitutional arena for major political parties.
Puwede po ang UNIDO, pero sa sectoral lines.
xxx xxx xxx 32 (Emphasis supplied)
xxx xxx xxx
R.A. No. 7941 provided the details for the concepts put forward by the Constitutional
MR. OPLE. Commission. Section 3 of R.A. No. 7941 reads:

. . . In my opinion, this will also create the stimulus for political Definition of Terms. (a) The party-list system is a mechanism of
parties and mass organizations to seek common ground. proportional representation in the election of representatives to the
For example, we have the PDP-Laban and the UNIDO. I House of Representatives from national, regional and sectoral
see no reason why they should not be able to make parties or organizations or coalitions thereof registered with the
common goals with mass organizations so that the very Commission on Elections (COMELEC). Component parties or
leadership of these parties can be transformed through the organizations of a coalition may participate independently provided
participation of mass organizations. And if this is true of the coalition of which they form part does not participate in the
the administration parties, this will be true of others like the party-list system.
Partido ng Bayan which is now being formed. There is no
question that they will be attractive to many mass (b)A party means either a political party or a sectoral party or a
organizations. In the opposition parties to which we coalition of parties.
belong, there will be a stimulus for us to contact mass
organizations so that with their participation, the policies of
(c)A political party refers to an organized group of citizens
such parties can be radically transformed because this
advocating an ideology or platform, principles and policies for the
general conduct of government and which, as the most immediate election, and this fisherfolk wing can field its fisherfolk nominees. Kabalikat ng Malayang
means of securing their adoption, regularly nominates and supports Pilipino (KAMPI) can do the same for the urban poor.
certain of its leaders and members as candidates for public office.
The qualifications of party-list nominees are prescribed in Section 9 of R.A. No. 7941:
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 Qualifications of Party-List Nominees. No person shall be
regional party when its constituency is spread over the nominated as party-list representative unless he is a natural born
geographical territory of at least a majority of the cities and citizen of the Philippines, a registered voter, a resident of the
provinces comprising the region. cDaEAS Philippines for a period of not less than one (1) year immediately
preceding the day of the elections, able to read and write, bona fide
(d)A sectoral party refers to an organized group of citizens member of the party or organization which he seeks to represent
belonging to any of the sectors enumerated in Section 5 hereof for at least ninety (90) days preceding the day of the election, and
whose principal advocacy pertains to the special interests and is at least twenty-five (25) years of age on the day of the election.
concerns of their sector,
In case of a nominee of the youth sector, he must at least be
twenty-five (25) but not more than thirty (30) years of age on the
day of the election. Any youth sectoral representative who attains
(e)A sectoral organization refers to a group of citizens or a coalition the age of thirty (30) during his term shall be allowed to continue
of groups of citizens who share similar physical attributes or until the expiration of his term.
characteristics, employment, interests or concerns.
Under Section 9 of R.A. No. 7941, it is not necessary that the party-list
(f)A coalition refers to an aggrupation of duly registered national, organization's nominee "wallow in poverty, destitution and infirmity" 34 as there is
regional, sectoral parties or organizations for political and/or no financial status required in the law. It is enough that the nominee of the sectoral
election purposes. party/organization/coalition belongs to the marginalized and underrepresented
sectors, 35 that is, if the nominee represents the fisherfolk, he or she must be a
fisherfolk, or if the nominee represents the senior citizens, he or she must be a
Congress, in enacting R.A. No. 7941, put the three-seat cap to prevent any party senior citizen.
from dominating the party-list elections.
Neither the Constitution nor R.A. No. 7941 mandates the filling-up of the entire 20%
Neither the Constitution nor R.A. No. 7941 prohibits major political parties from allocation of party-list representatives found in the Constitution. The Constitution, in
participating in the party-list system. On the contrary, the framers of the Constitution paragraph 1, Section 5 of Article VI, left the determination of the number of the
clearly intended the major political parties to participate in party-list elections through members of the House of Representatives to Congress: "The House of Representatives
their sectoral wings. In fact, the members of the Constitutional Commission voted down, shall be composed of not more than two hundred and fifty members, unless otherwise
19-22, any permanent sectoral seats, and in the alternative the reservation of the party- fixed by law, . . . ." The 20% allocation of party-list representatives is merely a ceiling;
list system to the sectoral groups. 33 In defining a "party" that participates in party-list party-list representatives cannot be more than 20% of the members of the House of
elections as either "a political party or a sectoral party", R.A. No. 7941 also clearly Representatives. However, we cannot allow the continued existence of a provision in
intended that major political parties will participate in the party-list elections. Excluding the law which will systematically prevent the constitutionally allocated 20% party-list
the major political parties in party-list elections is manifestly against the Constitution, the representatives from being filled. The three-seat cap, as a limitation to the number of
intent of the Constitutional Commission, and R.A. No. 7941. This Court cannot engage seats that a qualified party-list organization may occupy, remains a valid statutory
in socio-political engineering and judicially legislate the exclusion of major political device that prevents any party from dominating the party-list elections. Seats for party-
parties from the party-list elections in patent violation of the Constitution and the law. list representatives shall thus be allocated in accordance with the procedure used in
Table 3 above.
Read together, R.A. No. 7941 and the deliberations of the Constitutional Commission
state that major political parties are allowed to establish, or form coalitions with, sectoral However, by a vote of 8-7, the Court decided to continue the ruling in Veterans
organizations for electoral or political purposes. There should not be a problem if, for disallowing major political parties from participating in the party-list elections, directly or
example, the Liberal Party participates in the party-list election through the Kabataang indirectly. Those who voted to continue disallowing major political parties from the party-
Liberal ng Pilipinas (KALIPI), its sectoral youth wing. The other major political parties list elections joined Chief Justice Reynato S. Puno in his separate opinion. On the
can thus organize, or affiliate with, their chosen sector or sectors. To further illustrate, formula to allocate party-list seats, the Court is unanimous in concurring with this
the Nacionalista Party can establish a fisherfolk wing to participate in the party-list ponencia.
WHEREFORE, we PARTIALLY GRANT the petition. We SET ASIDE the Resolution of [G.R. No. 203936. April 2, 2013.]
the COMELEC dated 3 August 2007 in NBC No. 07-041 (PL) as well as the Resolution
dated 9 July 2007 in NBC No. 07-60. We declare unconstitutional the two percent
threshold in the distribution of additional party-list seats. The allocation of additional AKSYON MAGSASAKA-PARTIDO TINIG NG MASA,
seats under the Party-List System shall be in accordance with the procedure used in represented by its President Michael Abas Kida, petitioner, vs.
Table 3 of this Decision. Major political parties are disallowed from participating in party- COMMISSION ON ELECTIONS EN BANC, respondent.
list elections. This Decision is immediately executory. No pronouncement as to costs.

SO ORDERED. ECISAD [G.R. No. 203958. April 2, 2013.]

Carpio Morales, Tinga, Nachura, Brion, Peralta and Bersamin, JJ., concur. KAPATIRAN NG MGA NAKULONG NA WALANG SALA, INC.
(KAKUSA), petitioner, vs. COMMISSION ON ELECTIONS,
Puno, C.J., see concurring and dissenting opinion. respondent.

Quisumbing, J., certify that J. Quisumbing joined the Chief Justice's Opinion.-RSP
[G.R. No. 203960. April 2, 2013.]

Ynares-Santiago, Austria-Martinez, Corona, Chico-Nazario, Velasco, Jr. and Leonardo-


de Castro, JJ., join the Chief Justice in his concurring and dissenting opinion. 1ST CONSUMERS ALLIANCE FOR RURAL ENERGY, INC. (1-
CARE), petitioner, vs. COMMISSION ON ELECTIONS EN BANC,
respondent.
||| (BANAT v. COMELEC, G.R. No. 179271, 179295, April 21, 2009)

[G.R. No. 203976. April 2, 2013.]

EN BANC ALLIANCE FOR RURAL AND AGRARIAN RECONSTRUCTION,


INC. (ARARO), petitioner, vs. COMMISSION ON ELECTIONS,
respondent.
[G.R. No. 203766. April 2, 2013.]

ATONG PAGLAUM, INC., represented by its President, Mr. [G.R. No. 203981. April 2, 2013.]
Alan Igot, petitioner, vs. COMMISSION ON ELECTIONS,
respondent.
ASSOCIATION FOR RIGHTEOUSNESS ADVOCACY ON
LEADERSHIP (ARAL) PARTY-LIST, represented herein by Ms.
Lourdes L. Agustin, the party's Secretary General, petitioner,
[G.R. Nos. 203818-19. April 2, 2013.]
vs. COMMISSION ON ELECTIONS, respondent.

AKO BICOL POLITICAL PARTY (AKB), petitioner, vs.


COMMISSION ON ELECTIONS EN BANC, respondent. [G.R. No. 204002. April 2, 2013.]

ALLIANCE FOR RURAL CONCERNS, petitioner, vs.


[G.R. No. 203922. April 2, 2013.]
COMMISSION ON ELECTIONS, respondent.

ASSOCIATION OF PHILIPPINE ELECTRIC COOPERATIVES


(APEC), represented by its President Congressman Ponciano [G.R. No. 204094. April 2, 2013.]
D. Payuyo, petitioner, vs. COMMISSION ON ELECTIONS,
respondent.
ALLIANCE FOR NATIONALISM AND DEMOCRACY (ANAD), BANTAY PARTY LIST, represented by Maria Evangelina F.
petitioner, vs. COMMISSION ON ELECTIONS, respondent. Palparan, President, petitioner, vs. COMMISSION ON
ELECTIONS, respondent.

[G.R. No. 204100. April 2, 2013.]


[G.R. No. 204153. April 2, 2013.]
1-BRO PHILIPPINE GUARDIANS BROTHERHOOD, INC.,
(1BRO-PGBI) formerly PGBI, petitioner, vs. COMMISSION ON PASANG MASDA NATIONWIDE PARTY represented by its
ELECTIONS EN BANC, respondent. President Roberto "Ka Obet" Martin, petitioner, vs.
COMMISSION ON ELECTIONS, respondent.

[G.R. No. 204122. April 2, 2013.]


[G.R. No. 204158. April 2, 2013.]
1 GUARDIANS NATIONALIST PHILIPPINES, INC.,
(1GANAP/GUARDIANS), petitioner, vs. COMMISSION ON ABROAD PARTY LIST, petitioner, vs. COMMISSION ON
ELECTIONS EN BANC composed of SIXTO S. BRILLANTES, ELECTIONS, CHAIRMAN SIXTO S. BRILLANTES, JR.,
JR., Chairman, RENE V. SARMIENTO, Commissioner, COMMISSIONERS RENE V. SARMIENTO, ARMANDO C.
LUCENITO N. TAGLE, Commissioner, ARMANDO C. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM,
VELASCO, Commissioner, ELIAS R. YUSOPH, Commissioner, MARIA GRACIA CIELO M. PADACA, LUCENITO TAGLE, AND
and CHRISTIAN ROBERT S. LIM, Commissioner, respondents. ALL OTHER PERSONS ACTING ON THEIR BEHALF,
respondents.

[G.R. No. 204125. April 2, 2013.]


[G.R. No. 204174. April 2, 2013.]
AGAPAY NG INDIGENOUS PEOPLES RIGHTS ALLIANCE, INC.
(A-IPRA), represented by its Secretary General, Ronald D. AANGAT TAYO PARTY LIST-PARTY, represented by its
Macaraig, petitioner, vs. COMMISSION ON ELECTIONS EN President Simeon T. Silva, Jr., petitioner, vs. COMMISSION ON
BANC, respondent. ELECTIONS EN BANC, respondent.

[G.R. No. 204126. April 2, 2013.] [G.R. No. 204216. April 2, 2013.]

KAAGAPAY NG NAGKAKAISANG AGILANG PILIPINONG COCOFED-PHILIPPINE COCONUT PRODUCERS FEDERATION,


MAGSASAKA (KAP), formerly known as AKO AGILA NG INC., petitioner, vs. COMMISSION ON ELECTIONS, respondent.
NAGKAKAISANG MAGSASAKA (AKO AGILA), represented by
its Secretary General, Leo R. San Buenaventura, petitioner, vs.
COMMISSION ON ELECTIONS, respondent. [G.R. No. 204220. April 2, 2013.]

[G.R. No. 204139. April 2, 2013.] ABANG LINGKOD PARTY-LIST, petitioner, vs. COMMISSION ON
ELECTIONS EN BANC, respondent.

ALAB NG MAMAMAHAYAG (ALAM), represented by Atty.


Berteni Catalua Causing, petitioner, vs. COMMISSION ON [G.R. No. 204236. April 2, 2013.]
ELECTIONS, respondent.

FIRM 24-K ASSOCIATION, INC., petitioner, vs. COMMISSION ON


[G.R. No. 204141. April 2, 2013.] ELECTIONS, respondent.
[G.R. No. 204238. April 2, 2013.] BAYANI PARTYLIST as represented by Homer Bueno, Fitrylin
Dalhani, Israel de Castro, Dante Navarro and Guiling
Mamondiong, petitioner, vs. COMMISSION ON ELECTIONS,
ALLIANCE OF BICOLNON PARTY (ABP), petitioner, vs. CHAIRMAN SIXTO S. BRILLANTES, JR., COMMISSIONERS
COMMISSION ON ELECTIONS EN BANC, respondent. RENE V. SARMIENTO, LUCENITO N. TAGLE, ARMANDO C.
VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM,
and MARIA GRACIA CIELO M. PADACA, respondents.
[G.R. No. 204239. April 2, 2013.]

[G.R. No. 204341. April 2, 2013.]


GREEN FORCE FOR THE ENVIRONMENT SONS AND
DAUGHTERS OF MOTHER EARTH (GREENFORCE), petitioner,
vs. COMMISSION ON ELECTIONS, respondent. ACTION LEAGUE OF INDIGENOUS MASSES (ALIM) PARTY-
LIST, represented herein by its President Fatani S. Abdul
Malik, petitioner, vs. COMMISSION ON ELECTIONS, respondent.
[G.R. No. 204240. April 2, 2013.]

[G.R. No. 204356. April 2, 2013.]


AGRI-AGRA NA REPORMA PARA SA MAGSASAKA NG
PILIPINAS MOVEMENT (AGRI), represented by its Secretary
General, Michael Ryan A. Enriquez, petitioner, vs. COMMISSION BUTIL FARMERS PARTY, petitioner, vs. COMMISSION ON
ON ELECTIONS EN BANC, respondent. ELECTIONS, respondent.

[G.R. No. 204263. April 2, 2013.] [G.R. No. 204358. April 2, 2013.]

A BLESSED PARTY LIST A.K.A. BLESSED FEDERATION OF ALLIANCE OF ADVOCATES IN MINING ADVANCEMENT FOR
FARMERS AND FISHERMEN INTERNATIONAL, INC., petitioner, NATIONAL PROGRESS (AAMA), petitioner, vs. COMMISSION
vs. COMMISSION ON ELECTIONS, respondent. ON ELECTIONS EN BANC, respondent.

[G.R. No. 204318. April 2, 2013.] [G.R. No. 204359. April 2, 2013.]

UNITED MOVEMENT AGAINST DRUGS FOUNDATION SOCIAL MOVEMENT FOR ACTIVE REFORM AND
(UNIMAD) PARTY-LIST, petitioner, vs. COMMISSION ON TRANSPARENCY (SMART), represented by its Chairman,
ELECTIONS, respondent. Carlito B. Cubelo, petitioner, vs. COMMISSION ON ELECTIONS
EN BANC, respondent.

[G.R. No. 204321. April 2, 2013.]


[G.R. No. 204364. April 2, 2013.]
ANG AGRIKULTURA NATIN ISULONG (AANI), represented by
its Secretary General Jose C. Policarpio, Jr., petitioner, vs. ADHIKAIN AT KILUSAN NG ORDINARYONG-TAO, PARA SA
COMMISSION ON ELECTIONS, respondent. LUPA, PABAHAY, HANAPBUHAY AT KAUNLARAN (AKO
BUHAY), petitioner, vs. COMMISSION ON ELECTIONS EN
BANC, SIXTO S. BRILLANTES, JR., RENE V. SARMIENTO,
[G.R. No. 204323. April 2, 2013.] LUCENITO N. TAGLE, ARMANDO C. VELASCO, ELIAS R.
YUSOPH, CHRISTIAN ROBERT S. LIM, and MA. GRACIA CIELO
M. PADACA, in their capacities as Commissioners thereof,
respondents.
[G.R. No. 204367. April 2, 2013.] PILIPINO ASSOCIATION FOR COUNTRY-URBAN POOR
YOUTH ADVANCEMENT AND WELFARE (PACYAW), petitioner,
vs. COMMISSION ON ELECTIONS, respondent.
AKBAY KALUSUGAN INCORPORATION (AKIN), petitioner, vs.
COMMISSION ON ELECTIONS, respondent.
[G.R. No. 204410. April 2, 2013.]

[G.R. No. 204370. April 2, 2013.]


1-UNITED TRANSPORT KOALISYON (1-UTAK), petitioner, vs.
COMMISSION ON ELECTIONS, respondent.
AKO AN BISAYA (AAB), represented by its Secretary General,
Rodolfo T. Tuazon, petitioner, vs. COMMISSION ON
ELECTIONS, respondent.
[G.R. No. 204421. April 2, 2013.]

[G.R. No. 204374. April 2, 2013.] COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE
PHILIPPINES, INC. SENIOR CITIZEN PARTY-LIST, represented
herein by its 1st nominee and Chairman, Francisco G. Datol,
BINHI-PARTIDO NG MGA MAGSASAKA PARA SA MGA Jr., petitioner, vs. COMMISSION ON ELECTIONS, respondent.
MAGSASAKA, petitioner, vs. COMMISSION ON ELECTIONS EN
BANC, respondent.
[G.R. No. 204425. April 2, 2013.]

[G.R. No. 204379. April 2, 2013.]


COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE
PHILIPPINES, INC., petitioner, vs. COMMISSION ON
ALAGAD NG SINING (ASIN) represented by its President, Faye ELECTIONS and ANY OF ITS OFFICERS AND AGENTS,
Maybelle Lorenz, petitioner, vs. COMMISSION ON ELECTIONS, ACTING FOR AND IN ITS BEHALF, INCLUDING THE CHAIR
respondent. AND MEMBERS OF THE COMMISSION, respondents.

[G.R. No. 204394. April 2, 2013.] [G.R. No. 204426. April 2, 2013.]

ASSOCIATION OF GUARD UTILITY HELPER, AIDER, RIDER, ASSOCIATION OF LOCAL ATHLETICS ENTREPRENEURS AND
DRIVER/DOMESTIC HELPER, JANITOR, AGENT AND NANNY HOBBYISTS, INC. (ALA-EH), petitioner, vs. COMMISSION ON
OF THE PHILIPPINES, INC. (GUARDJAN), petitioner, vs. ELECTIONS EN BANC, SIXTO S. BRILLANTES, JR., RENE V.
COMMISSION ON ELECTIONS, respondent. SARMIENTO, LUCENITO N. TAGLE, ARMANDO C. VELASCO,
ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM, and MA.
GRACIA CIELO M. PADACA, in their respective capacities as
[G.R. No. 204402. April 2, 2013.] COMELEC Chairperson and Commissioners, respondents.

KALIKASAN PARTY-LIST, represented by its President,


[G.R. No. 204428. April 2, 2013.]
Clemente G. Bautista, Jr., and Secretary General, Frances Q.
Quimpo, petitioner, vs. COMMISSION ON ELECTIONS EN
BANC, respondent. ANG GALING PINOY (AG), represented by its Secretary
General, Bernardo R. Corella, Jr., petitioner, vs. COMMISSION
ON ELECTIONS, respondent.
[G.R. No. 204408. April 2, 2013.]

[G.R. No. 204435. April 2, 2013.]


1 ALLIANCE ADVOCATING AUTONOMY PARTY (1AAAP), DECISION
petitioner, vs. COMMISSION ON ELECTIONS EN BANC,
respondent.

CARPIO, J p:
[G.R. No. 204436. April 2, 2013.]
The Cases
ABYAN ILONGGO PARTY (AI), represented by its Party
President, Rolex T. Suplico, petitioner, vs. COMMISSION ON These cases constitute 54 Petitions for Certiorari and Petitions for Certiorari and
ELECTIONS EN BANC, respondent. Prohibition 1 filed by 52 party-list groups and organizations assailing the Resolutions
issued by the Commission on Elections (COMELEC) disqualifying them from
participating in the 13 May 2013 party-list elections, either by denial of their petitions for
registration under the party-list system, or cancellation of their registration and
[G.R. No. 204455. April 2, 2013.] accreditation as party-list organizations.

MANILA TEACHER SAVINGS AND LOAN ASSOCIATION, INC., This Court resolved to consolidate the 54 petitions in the Resolutions dated 13
petitioner, vs. COMMISSION ON ELECTIONS EN BANC, November 2012, 2 20 November 2012, 3 27 November 2012, 4 4 December 2012, 5 11
respondent. December 2012, 6 and 19 February 2013. 7

The Facts
[G.R. No. 204484. April 2, 2013.]
Pursuant to the provisions of Republic Act No. 7941 (R.A. No. 7941) and COMELEC
PARTIDO NG BAYAN ANG BIDA (PBB), represented by its Resolution Nos. 9366 and 9531, approximately 280 groups and organizations registered
Secretary General, Roger M. Federazo, petitioner, vs. and manifested their desire to participate in the 13 May 2013 party-list elections.
COMMISSION ON ELECTIONS, respondent.
G.R. No. SPP No. Group Grounds for Denial

[G.R. No. 204485. April 2, 2013.] A.Via the COMELEC En Banc's automatic review of the COMELEC Division's
resolutions approving registration of groups/organizations
ALLIANCE OF ORGANIZATIONS, NETWORKS AND
ASSOCIATIONS OF THE PHILIPPINES, INC. (ALONA), Resolution dated 23 November 2012 8
petitioner, vs. COMMISSION ON ELECTIONS EN BANC, The "artists" sector is not
1 204379 12-099 Alagad ng -
respondent. considered
marginalized and
(PLM) Sining (ASIN)
underrepresented;
[G.R. No. 204486. April 2, 2013.] - Failure to prove track record; and
- Failure of the nominees to qualify
1ST KABALIKAT NG BAYAN GINHAWANG SANGKATAUHAN
under RA 7941 and Ang Bagong
(1ST KABAGIS), petitioner, vs. COMMISSION ON ELECTIONS,
respondent. Bayani.
Resolution dated 27 November 2012 9
[G.R. No. 204490. April 2, 2013.]
2 204455 12-041 Manila Teachers - A non-stock savings and loan
PILIPINAS PARA SA PINOY (PPP), petitioner, vs. COMMISSION
(PLM) Savings and Loan association cannot be considered
ON ELECTIONS EN BANC, respondent.
Association, Inc. marginalized and
underrepresented; - Nominees are neither farmers nor
(Manila Teachers) and peasants.
- The first and second nominees are Resolution dated 4 December 2012 13
not teachers by profession.
3 204426 12-011 Association of - Failure to show that its members 7 204436 12-009 Abyan Ilonggo - Failure to show that the party
(PLM) Local Athletics belong to the marginalized; and (PP), Party (AI) represents a marginalized and
Entrepreneurs 12-165 underrepresented sector, as the
and Hobbyists, - Failure of the nominees to qualify. (PLM) Province of Iloilo has district
Inc. (ALA-EH) representatives;
Resolution dated 27 November 2012 10 - Untruthful statements in the
4 204435 12-057 1 Alliance - Failure of the nominees to qualify: memorandum; and
(PLM) Advocating although registering as a regional - Withdrawal of three of its five
Autonomy Party political party, two of the nominees nominees.
(1AAAP) are not residents of the region; and Resolution dated 4 December 2012 14
four of the five nominees do not
belong to the marginalized and Failure to establish that the group
8 204485 12-175 Alliance of -
can
underrepresented. represent 14 Networks and
(PL) Organizations,
sectors;
Resolution dated 27 November 2012 11
Associations of
the Philippines, - The sectors of homeowners'
Failure of the group to show that
5 204367 12-104 Akbay -
its Inc. (ALONA) associations, entrepreneurs and
(PL) Kalusugan nominees belong to the urban poor cooperatives are not marginalized
(AKIN), Inc. sector. and underrepresented; and
Resolution dated 29 November 2012 12 - The nominees do not belong to the
marginalized and
underrepresented.
6 204370 12-011 Ako An Bisaya - Failure to represent a marginalized
B.Via the COMELEC En Banc's review on motion for reconsideration of the
(PP) (AAB) sector of society, despite the COMELEC Division's resolutions denying registration of groups and
formation of a sectoral wing for the organizations

benefit of farmers of Region 8; Resolution dated 7 November 2012 15


- Constituency has district
representatives; 9 204139 12-127 Alab ng - Failure to prove track record as an
Lack of track record in (PL) Mamamahayag organization;
-
representing
peasants and farmers; and (ALAM)
- Failure to show that the group (GUARDJAN)
actually represents the Resolution dated 5 December 2012 18
marginalized
and underrepresented; and
- Failure to establish that the group 12 204490 12-073 Pilipinas Para sa - Failure to show that the group
can represent all sectors it seeks (PLM) Pinoy (PPP) represents a marginalized and
to underrepresented sector, as
represent. Region
Resolution dated 7 November 2012 16 12 has district representatives; and
- Failure to show a track record of
undertaking programs for the
10 204402 12-061 Kalikasan Party- - The group reflects an advocacy for welfare
(PP) List the environment, and is not of the sector the group seeks to
(KALIKASAN) representative of the marginalized represent.
and underrepresented;
In a Resolution dated 5 December 2012, 19 the COMELEC En Banc affirmed the
- There is no proof that majority of
COMELEC Second Division's resolution to grant Partido ng Bayan ng Bida's (PBB)
its members belong to the registration and accreditation as a political party in the National Capital Region.
marginalized and However, PBB was denied participation in the 13 May 2013 party-list elections because
underrepresented; PBB does not represent any "marginalized and underrepresented" sector; PBB failed to
apply for registration as a party-list group; and PBB failed to establish its track record as
- The group represents sectors with an organization that seeks to uplift the lives of the "marginalized and underrepresented."
conflicting interests; and 20 SDHCac

- The nominees do not belong to the


These 13 petitioners (ASIN, Manila Teachers, ALA-EH, 1AAAP, AKIN, AAB, AI,
sector which the group claims to ALONA, ALAM, KALIKASAN, GUARDJAN, PPP, and PBB) were not able to secure a
mandatory injunction from this Court. The COMELEC, on 7 January 2013 issued
represent. Resolution No. 9604, 21 and excluded the names of these 13 petitioners in the printing
Resolution dated 14 November 2012 17 of the official ballot for the 13 May 2013 party-list elections.

Pursuant to paragraph 2 22 of Resolution No. 9513, the COMELEC En Banc scheduled


11 204394 12-145 Association of - Failure to prove membership base summary evidentiary hearings to determine whether the groups and organizations that
filed manifestations of intent to participate in the 13 May 2013 party-list elections have
(PL) Guard, Utility and track record; continually complied with the requirements of R.A. No. 7941 and Ang Bagong Bayani-
Helper, Aider, OFW Labor Party v. COMELEC 23 (Ang Bagong Bayani). The COMELEC disqualified
the following groups and organizations from participating in the 13 May 2013 party-list
Rider, Driver/ - Failure to present activities that elections:
Domestic sufficiently benefited its intended
G.R. No. SPP No. Group Grounds for Denial
Helper, constituency; and
The nominees do not belong to Resolution dated 10 October 2012 24
Janitor, Agent -
any
of the sectors which the group
and Nanny of the Retained registration and
seeks 1 203818- 12-154 AKO Bicol
accreditation
Philippines, Inc. to represent.
19 (PLM) Political Party as a political party, but denied
participation in the May 2013 and
12-177 (AKB)
party-list
(PLM) elections - Failure of the party to prove that
Failure to represent any majority of its members belong to
-
marginalized
the sectors it seeks to represent.
and underrepresented sector;
5 204318 12-220 United Cancelled registration and
- The Bicol region already has
(PLM) Movement accreditation
representatives in Congress; and
The sectors of drug counsellors
The nominees are not Against Drugs
- and
marginalized
Foundation lecturers, veterans and the youth,
and underrepresented.
(UNIMAD) are not marginalized and
Resolution dated 11 October 2012 25
underrepresented;
Failure to establish track record;
-
2 203766 12-161 Atong Paglaum, Cancelled registration and and
(PLM) Inc. (Atong accreditation - Failure of the nominees to qualify
The nominees do not belong to as representatives of the youth
Paglaum) - and
the
sectors which the party young urban professionals.
represents;
Resolution dated 16 October 2012 26
and
The party failed to file its
-
Statement 6 204100 12-196 1-Bro Philippine Cancelled registration
of Contributions and Expenditures Failure to define the sector it
(PLM) Guardians -
seeks to
for the 2010 Elections.
Brotherhood, represent; and
Cancelled registration and
3 203981 12-187 Association for
accreditation Inc. (1 BRO-
(PLM) Righteousness - Failure to comply, and for violation PGBI) - The nominees do not belong to a
Advocacy on of election laws; marginalized and
underrepresented
Leadership
sector.
The nominees do not represent
(ARAL) -
the 7 204122 12-223 1 Guardians Cancelled registration
sectors which the party
represents; (PLM) Nationalist - The party is a military fraternity;
and Philippines, Inc.
- There is doubt that the party is The sector of community
(1GANAP/ -
volunteer
organized for religious purposes. GUARDIANS) workers is too broad to allow for
4 204002 12-188 Alliance for Cancelled registration and meaningful representation; and
(PLM) Rural Concerns accreditation - The nominees do not appear to
(ARC) - Failure of the nominees to qualify; belong to the sector of community
sector that the party claims to
volunteer workers.
represent.

8 204263 12-257 Blessed Cancelled registration Resolution dated 23 October 2012 29


Three of the seven and nominees
(PLM) Federation of -
do
11 204174 12-232 Aangat Tayo Cancelled registration and
Farmers and not belong to the sector of farmers
(PLM) Party-List Party accreditation
Fishermen and fishermen, the sector sought
(AT) - The incumbent representative in
International, to be represented; and
Congress failed to author or
Inc. (A
None of the nominees are sponsor bills that are beneficial to
BLESSED -
registered the sectors that the party
Party-List) voters of Region XI, the region represents
(women, elderly, youth, urban
sought to be represented. poor);
Resolution dated 16 October 2012 27 and
The nominees do not belong to
-
the
9 203960 12-260 1st Consumers Cancelled registration marginalized sectors that the
The sector of rural energy party
(PLM) Alliance for -
consumers seeks to represent.
Rural Energy, is not marginalized and Resolution dated 23 October 2012 30
Inc. (1-CARE) underrepresented;
- The party's track record is related 12 203976 12-288 Alliance for Cancelled registration and
to electric cooperatives and not
(PLM) Rural and accreditation
rural
energy consumers; and Agrarian - The interests of the peasant and
The nominees do not belong to Reconstruction, urban poor sectors that the party
-
the
Inc. (ARARO) represents differ;
sector of rural energy consumers.
The nominees do not belong to
Resolution dated 16 October 2012 28 -
the
sectors that the party seeks to

10 203922 12-201 Association of Cancelled registration and represent;

(PLM) Philippine accreditation - Failure to show that three of the


Failure to represent a nominees are bona fide party
Electric -
marginalized
members; and
Cooperatives and underrepresented sector; and
- Lack of a Board resolution to
(APEC)
participate in the party-list
The nominees do not belong to
- elections.
the
Resolution dated 24 October 2012 31
Failure to show track record for
-
the
13 204240 12-279 Agri-Agra na Cancelled registration farmers and peasants sector; and
(PLM) Reporma Para sa - The party ceased to exist for more - Failure to show that nominees
Magsasaka ng than a year immediately after the actually belong to the sector, or
Pilipinas May 2010 elections; that they have undertaken
meaningful
Movement
activities for the sector.
The nominees do not belong to
(AGRI) -
the 16 204364 12-180 Adhikain at Cancelled registration
sector of peasants and farmers
that (PLM) Kilusan ng - Failure to show that nominees
the party seeks to represent; Ordinaryong actually belong to the sector, or
Only four nominees were that they have undertaken
- Tao Para sa
submitted meaningful
to the COMELEC; and Lupa, Pabahay, activities for the sector.
Failure to show meaningful Hanapbuhay at
-
activities
for its constituency. Kaunlaran

14 203936 12-248 Aksyon Cancelled registration (AKO-BAHAY)

(PLM) Magsasaka- - Failure to show that majority of its 17 204141 12-229 The True Cancelled registration

Partido Tinig ng members are marginalized and (PLM) Marcos Loyalist - Failure to show that majority of

Masa (AKMA- underrepresented; (for God, its members are marginalized

PTM) Country and and underrepresented; and


Failure to prove that four of its People)
-
nine
Association of - Failure to prove that two of its
nominees actually belong to the
the Philippines, nominees actually belong to the
farmers sector; and
marginalized and
Inc. (BANTAY)
- Failure to show that five of its nine underrepresented.
nominees work on uplifting the 18 204408 12-217 Pilipino Cancelled registration
lives Change of sector (from urban
(PLM) Association for -
of the members of the sector. poor
15 204126 12-263 Kaagapay ng Cancelled registration Country Urban youth to urban poor) necessitates

(PLM) Nagkakaisang - The Manifestation of Intent and Poor Youth a new application;

Agilang Certificate of Nomination were not Advancement


signed by an appropriate officer and Welfare - Failure to show track record for
Pilipinong
of
(PACYAW) the marginalized and
Magsasaka the party;
underrepresented;
(KAP)
- Failure to prove that majority of its
members and officers are from - Failure to attend the summary
the
urban poor sector; and hearing;
The nominees are not members Failure to show track record for
- -
of the the
marginalized and
urban poor sector. underrepresented;
19 204153 12-277 Pasang Masda Cancelled registration and
(PLM) Nationwide - The party represents drivers and The nominees did not appear to
-
be
operators, who may have marginalized and
Party (PASANG
conflicting underrepresented.
MASDA) interests; and Resolution dated 7 November 2012 33
- Nominees are either operators or
former operators. 22 204094 12-185 Alliance for Cancelled registration and
20 203958 12-015 Kapatiran ng Cancelled registration (PLM) Nationalism and accreditation
(PLM) mga Nakulong - Failure to prove that majority of Democracy - Failure to represent an identifiable
its officers and members belong marginalized and
na Walang Sala, (ANAD)
to the underrepresented
marginalized and
Inc. (KAKUSA) sector;
underrepresented;
- The incumbent representative in Only three nominees were
-
submitted
Congress failed to author or
sponsor to the COMELEC;
bills that are beneficial to the The nominees do not belong to
-
sector the
that the party represents (persons marginalized and
underrepresented;
imprisoned without proof of guilt and
beyond reasonable doubt); - Failure to submit its Statement of
Failure to show track record for
- Contribution and Expenditures for
the
marginalized and the 2007 Elections.
underrepresented;
and Resolution dated 7 November 2012 34
The nominees did not appear to
-
be
23 204239 12-060 Green Force for Cancelled registration and
marginalized and
underrepresented. (PLM) the Environment accreditation
Resolution dated 30 October 2012 32 The party is an advocacy group
Sons and -
and
does not represent the
Daughters of
21 204428 12-256 Ang Galing Cancelled registration and marginalized
(PLM) Pinoy (AG) accreditation Mother Earth and underrepresented;
(GREENFORCE)
- Failure to comply with the track Advancement may not be allowed registration
record requirement; and for National under the party-list system; and
The nominees are not Progress
-
marginalized
Failure to establish that the
citizens. (AAMA) -
nominees
24 204236 12-254 Firm 24-K Cancelled registration and actually belong to the sector.
(PLM) Association, Inc. accreditation Resolution dated 7 November 2012 36
The nominees do not belong to
(FIRM 24-K) -
the
sector that the party seeks to 27 204359 12-272 Social Cancelled registration
represent (urban poor and The nominees are disqualified
(PLM) Movement for -
peasants from
of the National Capital Region); Active Reform representing the sectors that

- Only two of its nominees reside in and Transparency the party represents;

the National Capital Region; and (SMART)

- Failure to comply with the track - Failure to comply with the track

record requirement. record requirement; and


There is doubt as to whether
25 204341 12-269 Action League Cancelled registration and -
majority
(PLM) of Indigenous accreditation of its members are marginalized
and
Failure to establish that its
Masses (ALIM) - underrepresented.
nominees
are members of the indigenous Resolution dated 7 November 2012 37
people
in the Mindanao and Cordilleras
sector that the party seeks to 28 204238 12-173 Alliance of Cancelled registration and

represent; (PLM) Bicolnon Party accreditation

- Only two of the party's nominees (ABP) - Defective registration and

reside in the Mindanao and accreditation dating back to 2010;


Failure to represent any sector;
Cordilleras; and -
and
Three of the nominees do not Failure to establish that the
- -
appear nominees
to belong to the marginalized. are employed in the construction
Resolution dated 7 November 2012 35 industry, the sector it claims to
represent.
26 204358 12-204 Alliance of Cancelled registration Resolution dated 7 November 2012 38
(PLM) Advocates in - The sector it represents is a
Mining specifically defined group which 29 204323 12-210 Bayani Party Cancelled registration and
(PLM) List (BAYANI) accreditation are bona fide members.
- Failure to prove a track record of Resolution dated 7 November 2012 41
trying to uplift the marginalized
and
underrepresented sector of 32 204216 12-202 Philippine Cancelled registration and

professionals; and (PLM) Coconut accreditation

- One nominee was declared Producers - The party is affiliated with private

unqualified to represent the sector Federation, Inc. and government agencies and is

of professionals. (COCOFED) not marginalized;

Resolution dated 7 November 2012 39 - The party is assisted by the


government in various projects;
and
30 204321 12-252 Ang Agrikultura Cancelled registration and The nominees are not members
-
of
(PLM) Natin Isulong accreditation the marginalized sector of coconut
(AANI) - Failure to establish a track record farmers and producers.
of enhancing the lives of the Resolution dated 7 November 2012 42
marginalized and
underrepresented
farmers which it claims to 33 204220 12-238 Abang Lingkod Cancelled registration
represent;
Failure to establish a track record
and (PLM) Party-List -
of
- More than a majority of the party's (ABANG continuously representing the
nominees do not belong to the LINGKOD) peasant farmers sector;
farmers sector. - Failure to show that its members
Resolution dated 7 November 2012 40 actually belong to the peasant
farmers
sector; and
31 204125 12-292 Agapay ng Cancelled registration and Failure to show that its nominees
-
are
(PLM) Indigenous accreditation
marginalized and
Failure to prove that its five underrepresented,
Peoples Rights -
nominees have actively participated in
Alliance, Inc. are members of the indigenous programs
for the advancement of farmers,
(A-IPRA) people sector; and
Failure to prove that its five adhere to its advocacies.
-
nominees
actively participated in the Resolution dated 14 November 2012 43

undertakings of the party; and


Failure to prove that its five 34 204158 12-158 Action Cancelled registration and
-
nominees
(PLM) Brotherhood for accreditation participated in the undertakings
of
Active - Failure to show that the party is the party.
Dreamers, Inc. actually able to represent all of Resolution dated 3 December 2012 46
(ABROAD) the sectors it claims to represent;
- Failure to show a complete track 37 204486 12-194 1st Kabalikat ng Cancelled registration and
record of its activities since its (PLM) Bayan accreditation
registration; and Declaration of untruthful
Ginhawang -
The nominees are not part of any statements;
-
of Sangkatauhan
the sectors which the party seeks Failure to exist for at least one
to (1st KABAGIS) -
year;
represent. and
Resolution dated 28 November 2012 44 None of its nominees belong to
-
the
labor, fisherfolk, and urban poor
35 204374 12-228 Binhi-Partido ng Cancelled registration and
indigenous cultural communities
(PLM) mga Magsasaka accreditation
sectors which it seeks to
The party receives assistance represent.
Para sa mga -
from
Resolution dated 4 December 2012 47
Magsasaka the government through the
(BINHI) Department of Agriculture; and
38 204410 12-198 1-United Cancelled accreditation
- Failure to prove that the group is
(PLM) Transport - The party represents drivers and
marginalized and
underrepresented. operators, who may have
Koalisyon (1-
conflicting
Resolution dated 28 November 2012 45
UTAK) interests; and
The party's nominees do not
-
36 204356 12-136 Butil Farmers Cancelled registration and belong
(PLM) Party (BUTIL) accreditation to any marginalized and

- Failure to establish that the underrepresented sector.


agriculture and cooperative Resolution dated 4 December 2012 48
sectors
are marginalized and
39 204421, 12-157 Coalition of Cancelled registration
underrepresented; and
204425 (PLM), Senior Citizens - The party violated election laws
The party's nominees neither
-
appear 12-191 in the because its nominees had a term-
to belong to the sectors they seek
to (PLM) Philippines, Inc. sharing agreement.
represent, nor to have actively (SENIOR
CITIZENS) Inc. (1BRO-PGBI)
Resolution dated 27 November 2012
These 39 petitioners (AKB, Atong Paglaum, ARAL, ARC, UNIMAD, 1BRO-PGBI, 204141 12-229 (PLM) The True Marcos Loyalist (for God,
1GANAP/GUARDIANS, A BLESSED Party-List, 1-CARE, APEC, AT, ARARO, AGRI,
AKMA-PTM, KAP, AKO-BAHAY, BANTAY, PACYAW, PASANG MASDA, KAKUSA, Country and People) Association of the
AG, ANAD, GREENFORCE, FIRM 24-K, ALIM, AAMA, SMART, ABP, BAYANI, AANI, Philippines, Inc. (BANTAY)
A-IPRA, COCOFED, ABANG LINGKOD, ABROAD, BINHI, BUTIL, 1st KABAGIS, 1-
204240 12-279 (PLM) Agri-Agra na Reporma Para sa Magsasaka
UTAK, SENIOR CITIZENS) were able to secure a mandatory injunction from this Court,
directing the COMELEC to include the names of these 39 petitioners in the printing of ng Pilipinas Movement (AGRI)
the official ballot for the 13 May 2013 party-list elections. CSAaDE 204216 12-202 (PLM) Philippine Coconut Producers Federation,
Inc. (COCOFED)
Petitioners prayed for the issuance of a temporary restraining order and/or writ of
preliminary injunction. This Court issued Status Quo Ante Orders in all petitions. This 204158 12-158 (PLM) Action Brotherhood for Active Dreamer,
Decision governs only the 54 consolidated petitions that were granted Status Quo
Inc. (ABROAD)
Ante Orders, namely:
Resolutions dated 4 December 2012
G.R. No. SPP No. Group 204122 12-223 (PLM) 1 Guardians Nationalist Philippines, Inc.
Resolution dated 13 November 2012 (1GANAP/GUARDIANS)
203818-19 12-154 (PLM) AKO Bicol Political Party (AKB) 203766 12-161 (PLM) Atong Paglaum, Inc. (Atong Paglaum)
12-177 (PLM) 204318 12-220 (PLM) United Movement Against Drugs
203981 12-187 (PLM) Association for Righteousness Advocacy Foundation (UNIMAD)
on Leadership (ARAL) 204263 12-257 (PLM) Blessed Federation of Farmers and
204002 12-188 (PLM) Alliance for Rural Concerns (ARC) Fishermen International, Inc.
203922 12-201 (PLM) Association of Philippine Electric (A BLESSED Party-List)
Cooperatives (APEC) 204174 12-232 (PLM) Aangat Tayo Party-List Party (AT)
203960 12-260 (PLM) 1st Consumers Alliance for Rural 204126 12-263 (PLM) Kaagapay ng Nagkakaisang Agilang
Energy, Inc. (1-CARE) Pilipinong Magsasaka (KAP)
203936 12-248 (PLM) Aksyon Magsasaka-Partido Tinig ng 204364 12-180 (PLM) Adhikain at Kilusan ng Ordinaryong Tao
Masa (AKMA-PTM) Para sa Lupa, Pabahay, Hanapbuhay at
203958 12-015 (PLM) Kapatiran ng mga Nakulong na Walang Kaunlaran (AKO-BAHAY)
Sala, Inc. (KAKUSA) 204139 12-127 (PL) Alab ng Mamamahayag (ALAM)
203976 12-288 (PLM) Alliance for Rural and Agrarian 204220 12-238 (PLM) Abang Lingkod Party-List (ABANG
Reconstruction, Inc. (ARARO) LINGKOD)
Resolution dated 20 November 2012 204236 12-254 (PLM) Firm 24-K Association, Inc. (FIRM 24-K)
204094 12-185 (PLM) Alliance for Nationalism and Democracy 204238 12-173 (PLM) Alliance of Bicolnon Party (ABP)
(ANAD) 204239 12-060 (PLM) Green Force for the Environment Sons
204125 12-292 (PLM) Agapay ng Indigenous Peoples Rights and Daughters of Mother Earth
Alliance, Inc. (A-IPRA) (GREENFORCE)
204100 12-196 (PLM) 1-Bro Philippine Guardians Brotherhood, 204321 12-252 (PLM) Ang Agrikultura Natin Isulong (AANI)
204323 12-210 (PLM) Bayani Party List (BAYANI)
204341 12-269 (PLM) Action League of Indigenous Masses 204436 12-009 (PP), Abyan Ilonggo Party (AI)
(ALIM) 12-165 (PLM)
204358 12-204 (PLM) Alliance of Advocates in Mining 204485 12-175 (PL) Alliance of Organizations, Networks
Advancement for National Progress and Associations of the Philippines, Inc.
(AAMA) (ALONA)
204359 12-272 (PLM) Social Movement for Active Reform 204484 11-002 Partido ng Bayan ng Bida (PBB)
and Transparency (SMART) Resolution dated 11 December 2012
204356 12-136 (PLM) Butil Farmers Party (BUTIL) 204153 12-277 (PLM) Pasang Masda Nationwide Party
Resolution dated 11 December 2012 (PASANG MASDA)
204402 12-061 (PL) Kalikasan Party-List (KALIKASAN) The Issues
204394 12-145 (PL) Association of Guard, Utility Helper,
Aider, Rider, Driver/Domestic Helper, We rule upon two issues: first, whether the COMELEC committed grave abuse of
discretion amounting to lack or excess of jurisdiction in disqualifying petitioners from
Janitor, Agent and Nanny of the participating in the 13 May 2013 party-list elections, either by denial of their new
Philippines, Inc. (GUARDJAN) petitions for registration under the party-list system, or by cancellation of their existing
registration and accreditation as party-list organizations; and second, whether the
204408 12-217 (PLM) Pilipino Association for Country criteria for participating in the party-list system laid down in Ang Bagong Bayani and
Urban Poor Youth Advancement Barangay Association for National Advancement and Transparency v. Commission on
Elections 49 (BANAT) should be applied by the COMELEC in the coming 13 May 2013
and Welfare (PACYAW)
party-list elections.
204428 12-256 (PLM) Ang Galing Pinoy (AG)
204490 12-073 (PLM) Pilipinas Para sa Pinoy (PPP) The Court's Ruling
204379 12-099 (PLM) Alagad ng Sining (ASIN)
We hold that the COMELEC did not commit grave abuse of discretion in following
204367 12-104 (PL) Akbay Kalusugan (AKIN) prevailing decisions of this Court in disqualifying petitioners from participating in the
204426 12-011 (PLM) Association of Local Athletics coming 13 May 2013 party-list elections. However, since the Court adopts in this
Decision new parameters in the qualification of national, regional, and sectoral parties
Entrepreneurs and Hobbyists, Inc.
under the party-list system, thereby abandoning the rulings in the decisions applied by
(ALA-EH) the COMELEC in disqualifying petitioners, we remand to the COMELEC all the present
204455 12-041 (PLM) Manila Teachers Savings and Loan petitions for the COMELEC to determine who are qualified to register under the party-
list system, and to participate in the coming 13 May 2013 party-list elections, under the
Association, Inc. (Manila Teachers) new parameters prescribed in this Decision.
204374 12-228 (PLM) Binhi-Partido ng mga Magsasaka Para
The Party-List System
sa mga Magsasaka (BINHI)
204370 12-011 (PP) Ako An Bisaya (AAB)
The 1987 Constitution provides the basis for the party-list system of representation.
204435 12-057 (PLM) 1 Alliance Advocating Autonomy Simply put, the party-list system is intended to democratize political power by giving
Party (1AAAP) political parties that cannot win in legislative district elections a chance to win seats in
the House of Representatives. 50 The voter elects two representatives in the House of
204486 12-194 (PLM) 1st Kabalikat ng Bayan Ginhawang Representatives: one for his or her legislative district, and another for his or her party-
Sangkatauhan (1st KABAGIS) list group or organization of choice. The 1987 Constitution provides: cCTESa

204410 12-198 (PLM) 1-United Transport Koalisyon (1-UTAK)


Section 5, Article VI
204421, 12-157 (PLM) Coalition of Senior Citizens in the
204425 12-191 (PLM) Philippines, Inc. (SENIOR CITIZENS)
(1)The House of Representatives shall be composed of not more seats; that they will choose among themselves who would
than two hundred and fifty members, unless otherwise fixed by law, sit in those reserved seats. And then, we have the
who shall be elected from legislative districts apportioned among problem of which sector because as we will notice in
the provinces, cities, and the Metropolitan Manila area in Proclamation No. 9, the sectors cited were the farmers,
accordance with the number of their respective inhabitants, and on fishermen, workers, students, professionals, business,
the basis of a uniform and progressive ratio, and those who, as military, academic, ethnic and other similar groups. So
provided by law, shall be elected through a party-list system of these are the nine sectors that were identified here as
registered national, regional, and sectoral parties or organizations. "sectoral representatives" to be represented in this
Commission. The problem we had in trying to approach
(2)The party-list representatives shall constitute twenty per centum sectoral representation in the Assembly was whether to
of the total number of representatives including those under the stop at these nine sectors or include other sectors. And we
party list. For three consecutive terms after the ratification of this went through the exercise in a caucus of which sector
Constitution, one-half of the seats allocated to party-list should be included which went up to 14 sectors. And as
representatives shall be filled, as provided by law, by selection or we all know, the longer we make our enumeration, the
election from the labor, peasant, urban poor, indigenous cultural more limiting the law become because when we make an
communities, women, youth, and such other sectors as may be enumeration we exclude those who are not in the
provided by law, except the religious sector. enumeration. Second, we had the problem of who
comprise the farmers. Let us just say the farmers and the
laborers. These days, there are many citizens who are
Sections 7 and 8, Article IX-C called "hyphenated citizens." A doctor may be a farmer; a
lawyer may also be a farmer. And so, it is up to the
Sec. 7.No votes cast in favor of a political party, organization, or discretion of the person to say "I am a farmer" so he would
coalition shall be valid, except for those registered under the party- be included in that sector.
list system as provided in this Constitution.
The third problem is that when we go into a reserved seat system
Sec. 8.Political parties, or organizations or coalitions registered of sectoral representation in the Assembly, we are, in
under the party-list system, shall not be represented in the voters' effect, giving some people two votes and other people one
registration boards, boards of election inspectors, boards of vote. We sought to avoid these problems by presenting a
canvassers, or other similar bodies. However, they shall be entitled party list system. Under the party list system, there are no
to appoint poll watchers in accordance with law. reserved seats for sectors. Let us say, laborers and
farmers can form a sectoral party or a sectoral
Commissioner Christian S. Monsod, the main sponsor of the party-list system, stressed organization that will then register and present candidates
that "the party-list system is not synonymous with that of the sectoral of their party. How do the mechanics go? Essentially,
representation." 51 The constitutional provisions on the party-list system should be under the party list system, every voter has two votes, so
read in light of the following discussion among its framers: SEDaAH there is no discrimination. First, he will vote for the
representative of his legislative district. That is one vote. In
that same ballot, he will be asked: What party or
MR. MONSOD: organization or coalition do you wish to be represented in
the Assembly? And here will be attached a list of the
.... parties, organizations or coalitions that have been
registered with the COMELEC and are entitled to be put in
that list. This can be a regional party, a sectoral party, a
I would like to make a distinction from the beginning that the
national party, UNIDO, Magsasaka or a regional party in
proposal for the party list system is not synonymous
Mindanao. One need not be a farmer to say that he wants
with that of the sectoral representation. Precisely, the
the farmers' party to be represented in the Assembly. Any
party list system seeks to avoid the dilemma of choice of
citizen can vote for any party. At the end of the day, the
sectors and who constitute the members of the sectors. In
COMELEC will then tabulate the votes that had been
making the proposal on the party list system, we were
garnered by each party or each organization one does
made aware of the problems precisely cited by
not have to be a political party and register in order to
Commissioner Bacani of which sectors will have reserved
participate as a party and count the votes and from
seats. In effect, a sectoral representation in the Assembly
would mean that certain sectors would have reserved
there derive the percentage of the votes that had been fourth place in each of the districts. So, they have no voice
cast in favor of a party, organization or coalition. ScCIaA in the Assembly. But this way, they would have five or six
representatives in the Assembly even if they would not win
When such parties register with the COMELEC, we are assuming individually in legislative districts. So, that is essentially the
that 50 of the 250 seats will be for the party list system. mechanics, the purpose and objectives of the party list
So, we have a limit of 30 percent of 50. That means that system. EcHaAC
the maximum that any party can get out of these 50 seats
is 15. When the parties register they then submit a list of BISHOP BACANI:
15 names. They have to submit these names because
these nominees have to meet the minimum qualifications Madam President, am I right in interpreting that when we speak
of a Member of the National Assembly. At the end of the now of party list system though we refer to sectors, we
day, when the votes are tabulated, one gets the would be referring to sectoral party list rather than sectors
percentages. Let us say, UNIDO gets 10 percent or 15 and party list?
percent of the votes; KMU gets 5 percent; a women's party
gets 2 1/2 percent and anybody who has at least 2 1/2
percent of the vote qualifies and the 50 seats are MR. MONSOD:
apportioned among all of these parties who get at least 2
1/2 percent of the vote. As a matter of fact, if this body accepts the party list system, we do
not even have to mention sectors because the sectors
What does that mean? It means that any group or party who has a would be included in the party list system. They can be
constituency of, say, 500,000 nationwide gets a seat in the sectoral parties within the party list system.
National Assembly. What is the justification for that? When
we allocate legislative districts, we are saying that any xxx xxx xxx
district that has 200,000 votes gets a seat. There is no
reason why a group that has a national constituency, even MR. MONSOD.
if it is a sectoral or special interest group, should not have
a voice in the National Assembly. It also means that, let us
say, there are three or four labor groups, they all register Madam President, I just want to say that we suggested or proposed
as a party or as a group. If each of them gets only one the party list system because we wanted to open up the
percent or five of them get one percent, they are not political system to a pluralistic society through a multiparty
entitled to any representative. So, they will begin to think system. . . . We are for opening up the system, and we
that if they really have a common interest, they should would like very much for the sectors to be there. That
band together, form a coalition and get five percent of the is why one of the ways to do that is to put a ceiling on
vote and, therefore, have two seats in the Assembly. the number of representatives from any single party
Those are the dynamics of a party list system. that can sit within the 50 allocated under the party list
system. . . . . CcAHEI
We feel that this approach gets around the mechanics of sectoral
representation while at the same time making sure that xxx xxx xxx
those who really have a national constituency or sectoral
constituency will get a chance to have a seat in the MR. MONSOD.
National Assembly. These sectors or these groups may
not have the constituency to win a seat on a legislative
Madam President, the candidacy for the 198 seats is not
district basis. They may not be able to win a seat on a
limited to political parties. My question is this: Are we
district basis but surely, they will have votes on a
going to classify for example Christian Democrats and
nationwide basis.
Social Democrats as political parties? Can they run
under the party list concept or must they be under the
The purpose of this is to open the system. In the past elections, we district legislation side of it only?
found out that there were certain groups or parties that, if
we count their votes nationwide; have about 1,000,000 or
MR. VILLACORTA.
1,500,000 votes. But they were always third place or
In reply to that query, I think these parties that the MR. TADEO.
Commissioner mentioned can field candidates for the
Senate as well as for the House of Representatives. Kay Commissioner Monsod, gusto ko lamang linawin ito. Political
Likewise, they can also field sectoral candidates for parties, particularly minority political parties, are not
the 20 percent or 30 percent, whichever is adopted, of prohibited to participate in the party list election if
the seats that we are allocating under the party list they can prove that they are also organized along
system. sectoral lines.

MR. MONSOD. MR. MONSOD.

In other words, the Christian Democrats can field district What the Commissioner is saying is that all political parties can
candidates and can also participate in the party list participate because it is precisely the contention of political
system? parties that they represent the broad base of citizens and
that all sectors are represented in them. Would the
MR. VILLACORTA. Commissioner agree?

Why not? When they come to the party list system, they will be MR. TADEO.
fielding only sectoral candidates.
Ang punto lamang namin, pag pinayagan mo ang UNIDO na isang
MR. MONSOD. political party, it will dominate the party list at mawawalang
saysay din yung sector. Lalamunin mismo ng political
May I be clarified on that? Can UNIDO participate in the party parties ang party list system. Gusto ko lamang bigyan ng
list system? diin ang "reserve." Hindi ito reserve seat sa marginalized
sectors. Kung titingnan natin itong 198 seats, reserved din
ito sa political parties.
MR. VILLACORTA.
MR. MONSOD.
Yes, why not? For as long as they field candidates who come
from the different marginalized sectors that we shall
designate in this Constitution. Hindi po reserved iyon kasi anybody can run there. But my question
to Commissioner Villacorta and probably also to
Commissioner Tadeo is that under this system, would
MR. MONSOD. UNIDO be banned from running under the party list
system? CDHaET
Suppose Senator Taada wants to run under BAYAN group and
says that he represents the farmers, would he qualify? MR. VILLACORTA.
EaSCAH
No, as I said, UNIDO may field sectoral candidates. On that
MR. VILLACORTA. condition alone, UNIDO may be allowed to register for
the party list system.
No, Senator Taada would not qualify.
MR. MONSOD.
MR. MONSOD.
May I inquire from Commissioner Tadeo if he shares that
But UNIDO can field candidates under the party list system and say answer?
Juan dela Cruz is a farmer. Who would pass on whether
he is a farmer or not? MR. TADEO.
The same. In fact, the framers voted down, 19-22, a proposal to reserve permanent seats to
sectoral parties in the House of Representatives, or alternatively, to reserve the party-
MR. VILLACORTA. list system exclusively to sectoral parties. As clearly explained by Justice Jose C. Vitug
in his Dissenting Opinion in Ang Bagong Bayani:
Puwede po ang UNIDO, pero sa sectoral lines. IcESaA
The draft provisions on what was to become Article VI, Section 5,
subsection (2), of the 1987 Constitution took off from two staunch
MR. MONSOD: positions the first headed by Commissioner Villacorta,
advocating that of the 20 per centum of the total seats in Congress
Sino po ang magsasabi kung iyong kandidato ng UNIDO ay hindi to be allocated to party-list representatives half were to be reserved
talagang labor leader or isang laborer? Halimbawa, to appointees from the marginalized and underrepresented sectors.
abogado ito. The proposal was opposed by some Commissioners. Mr. Monsod
expressed the difficulty in delimiting the sectors that needed
MR. TADEO: representation. He was of the view that reserving seats for the
marginalized and underrepresented sectors would stunt their
development into full-pledged parties equipped with electoral
Iyong mechanics. machinery potent enough to further the sectoral interests to be
represented. The Villacorta group, on the other hand, was
MR. MONSOD: apprehensive that pitting the unorganized and less-moneyed
sectoral groups in an electoral contest would be like placing babes
in the lion's den, so to speak, with the bigger and more established
Hindi po mechanics iyon because we are trying to solve an inherent
political parties ultimately gobbling them up. R.A. 7941 recognized
problem of sectoral representation. My question is:
this concern when it banned the first five major political parties on
Suppose UNIDO fields a labor leader, would he qualify?
the basis of party representation in the House of Representatives
from participating in the party-list system for the first party-list
MR. TADEO: elections held in 1998 (and to be automatically lifted starting with
the 2001 elections). The advocates for permanent seats for sectoral
The COMELEC may look into the truth of whether or not a representatives made an effort towards a compromise that the
political party is really organized along a specific party-list system be open only to underrepresented and
sectoral line. If such is verified or confirmed, the marginalized sectors. This proposal was further whittled down by
political party may submit a list of individuals who are allocating only half of the seats under the party-list system to
actually members of such sectors. The lists are to be candidates from the sectors which would garner the required
published to give individuals or organizations number of votes. The majority was unyielding. Voting 19-22, the
belonging to such sector the chance to present proposal for permanent seats, and in the alternative the
evidence contradicting claims of membership in the reservation of the party-list system to the sectoral groups, was
said sector or to question the claims of the existence voted down. The only concession the Villacorta group was able to
of such sectoral organizations or parties. This muster was an assurance of reserved seats for selected sectors for
proceeding shall be conducted by the COMELEC and three consecutive terms after the enactment of the 1987
shall be summary in character. In other words, Constitution, by which time they would be expected to gather and
COMELEC decisions on this matter are final and solidify their electoral base and brace themselves in the multi-party
unappealable. 52 (Emphasis supplied) electoral contest with the more veteran political groups. 54
(Emphasis supplied)
Indisputably, the framers of the 1987 Constitution intended the party-list system to
include not only sectoral parties but also non-sectoral parties. The framers intended the Thus, in the end, the proposal to give permanent reserved seats to certain sectors was
sectoral parties to constitute a part, but not the entirety, of the party-list system. As outvoted. Instead, the reservation of seats to sectoral representatives was only allowed
explained by Commissioner Wilfredo Villacorta, political parties can participate in for the first three consecutive terms. 55 There can be no doubt whatsoever that the
the party-list system "[F]or as long as they field candidates who come from the framers of the 1987 Constitution expressly rejected the proposal to make the party-list
different marginalized sectors that we shall designate in this Constitution." 53 system exclusively for sectoral parties only, and that they clearly intended the party-list
DTAaCE system to include both sectoral and non-sectoral parties.
The common denominator between sectoral and non-sectoral parties is that they cannot First, the other one-half of the seats allocated to party-list representatives would
expect to win in legislative district elections but they can garner, in nationwide elections, naturally be open to non-sectoral party-list representatives, clearly negating the idea
at least the same number of votes that winning candidates can garner in legislative that the party-list system is exclusively for sectoral parties representing the
district elections. The party-list system will be the entry point to membership in the "marginalized and underrepresented." Second, the reservation of one-half of the party-
House of Representatives for both these non-traditional parties that could not compete list seats to sectoral parties applies only for the first "three consecutive terms after the
in legislative district elections. TaDSHC ratification of this Constitution," clearly making the party-list system fully open after the
end of the first three congressional terms. This means that, after this period, there will
The indisputable intent of the framers of the 1987 Constitution to include in the party-list be no seats reserved for any class or type of party that qualifies under the three groups
system both sectoral and non-sectoral parties is clearly written in Section 5 (1), Article constituting the party-list system.
VI of the Constitution, which states:
Hence, the clear intent, express wording, and party-list structure ordained in
Section 5.(1) The House of Representative shall be composed of Section 5 (1) and (2), Article VI of the 1987 Constitution cannot be disputed: the
not more that two hundred and fifty members, unless otherwise party-list system is not for sectoral parties only, but also for non-sectoral parties.
fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Republic Act No. 7941 or the Party-List System Act, which is the law that implements
Manila area in accordance with the number of their respective the party-list system prescribed in the Constitution, provides:
inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a Section 3.Definition of Terms. (a) The party-list system is a
party-list system of registered national, regional, and sectoral mechanism of proportional representation in the election of
parties or organizations. (Emphasis supplied) representatives to the House of Representatives from national,
regional and sectoral parties or organizations or coalitions thereof
Section 5 (1), Article VI of the Constitution is crystal-clear that there shall be "a party- registered with the Commission on Elections (COMELEC).
list system of registered national, regional, and sectoral parties or organizations." Component parties or organizations of a coalition may participate
The commas after the words "national[,]" and "regional[,]" separate national and independently provided the coalition of which they form part does
regional parties from sectoral parties. Had the framers of the 1987 Constitution intended not participate in the party-list system.
national and regional parties to be at the same time sectoral, they would have stated
"national and regional sectoral parties." They did not, precisely because it was never (b)A party means either a political party or a sectoral party or a
their intention to make the party-list system exclusively sectoral. coalition of parties.

What the framers intended, and what they expressly wrote in Section 5 (1), could not be (c)A political party refers to an organized group of citizens
any clearer: the party-list system is composed of three different groups, and the sectoral advocating an ideology or platform, principles and policies for
parties belong to only one of the three groups. The text of Section 5 (1) leaves no the general conduct of government and which, as the most
room for any doubt that national and regional parties are separate from sectoral immediate means of securing their adoption, regularly
parties. nominates and supports certain of its leaders and members as
candidates for public office.
Thus, the party-list system is composed of three different groups: (1) national parties
or organizations; (2) regional parties or organizations; and (3) sectoral parties or It is a national party when its constituency is spread over the
organizations. National and regional parties or organizations are different from sectoral geographical territory of at least a majority of the regions. It is a
parties or organizations. National and regional parties or organizations need not be regional party when its constituency is spread over the
organized along sectoral lines and need not represent any particular sector. geographical territory of at least a majority of the cities and
provinces comprising the region.
Moreover, Section 5 (2), Article VI of the 1987 Constitution mandates that, during the
first three consecutive terms of Congress after the ratification of the 1987 Constitution, (d)A sectoral party refers to an organized group of citizens
"one-half of the seats allocated to party-list representatives shall be filled, as provided belonging to any of the sectors enumerated in Section 5
by law, by selection or election from the labor, peasant, urban poor, indigenous cultural hereof whose principal advocacy pertains to the special
communities, women, youth, and such other sectors as may be provided by law, except interest and concerns of their sector.
the religious sector." This provision clearly shows again that the party-list system is not
exclusively for sectoral parties for two obvious reasons. ASETHC
(e)A sectoral organization refers to a group of citizens or a coalition Section 6 of R.A. No. 7941 provides another compelling reason for holding that the law
of groups of citizens who share similar physical attributes or does not require national or regional parties, as well as certain sectoral parties in
characteristics, employment, interests or concerns. DCIEac Section 5 of R.A. No. 7941, to represent the "marginalized and underrepresented."
Section 6 provides the grounds for the COMELEC to refuse or cancel the registration of
(f)A coalition refers to an aggrupation of duly registered national, parties or organizations after due notice and hearing.
regional, sectoral parties or organizations for political and/or
election purposes. (Emphasis supplied) Section 6.Refusal and/or Cancellation of Registration. The
COMELEC may, motu proprio or upon verified complaint of any
Section 3 (a) of R.A. No. 7941 defines a "party" as "either a political party or a interested party, refuse or cancel, after due notice and hearing, the
sectoral party or a coalition of parties." Clearly, a political party is different from a registration of any national, regional or sectoral party, organization
sectoral party. Section 3 (c) of R.A. No. 7941 further provides that a "political party or coalition on any of the following grounds:
refers to an organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government." On the other hand, (1)It is a religious sect or denomination, organization or association
Section 3 (d) of R.A. No. 7941 provides that a "sectoral party refers to an organized organized for religious purposes;
group of citizens belonging to any of the sectors enumerated in Section 5 hereof whose
principal advocacy pertains to the special interest and concerns of their sector." (2)It advocates violence or unlawful means to seek its goal;
R.A. No. 7941 provides different definitions for a political and a sectoral party.
Obviously, they are separate and distinct from each other.
(3)It is a foreign party or organization;
R.A. No. 7941 does not require national and regional parties or organizations to
represent the "marginalized and underrepresented" sectors. To require all national (4)It is receiving support from any foreign government, foreign
and regional parties under the party-list system to represent the "marginalized and political party, foundation, organization, whether directly or through
underrepresented" is to deprive and exclude, by judicial fiat, ideology-based and cause- any of its officers or members or indirectly through third parties for
oriented parties from the party-list system. How will these ideology-based and cause- partisan election purposes;
oriented parties, who cannot win in legislative district elections, participate in the
electoral process if they are excluded from the party-list system? To exclude them from (5)It violates or fails to comply with laws, rules or regulations
the party-list system is to prevent them from joining the parliamentary struggle, leaving relating to elections;
as their only option the armed struggle. To exclude them from the party-list system is,
apart from being obviously senseless, patently contrary to the clear intent and express (6)It declares untruthful statements in its petition;
wording of the 1987 Constitution and R.A. No. 7941. aHcACT

(7)It has ceased to exist for at least one (1) year; or


Under the party-list system, an ideology-based or cause-oriented political party is clearly
different from a sectoral party. A political party need not be organized as a sectoral
party and need not represent any particular sector. There is no requirement in R.A. No. (8)It fails to participate in the last two (2) preceding elections or fails
7941 that a national or regional political party must represent a "marginalized and to obtain at least two per centum (2%) of the votes cast under the
underrepresented" sector. It is sufficient that the political party consists of citizens who party-list system in the two (2) preceding elections for the
advocate the same ideology or platform, or the same governance principles and constituency in which it has registered. TcEaAS
policies, regardless of their economic status as citizens.
None of the 8 grounds to refuse or cancel registration refers to non-representation
Section 5 of R.A. No. 7941 states that "the sectors shall include labor, peasant, of the "marginalized and underrepresented."
fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women,
youth, veterans, overseas workers, and professionals." 56 The sectors mentioned in The phrase "marginalized and underrepresented" appears only once in R.A. No.
Section 5 are not all necessarily "marginalized and underrepresented." For sure, 7941, in Section 2 on Declaration of Policy. 57 Section 2 seeks "to promote proportional
"professionals" are not by definition "marginalized and underrepresented," not even the representation in the election of representatives to the House of Representatives
elderly, women, and the youth. However, professionals, the elderly, women, and the through the party-list system," which will enable Filipinos belonging to the
youth may "lack well-defined political constituencies," and can thus organize themselves "marginalized and underrepresented sectors, organizations and parties, and who
into sectoral parties in advocacy of the special interests and concerns of their respective lack well-defined political constituencies," to become members of the House of
sectors. Representatives. While the policy declaration in Section 2 of R.A. No. 7941 broadly
refers to "marginalized and underrepresented sectors, organizations and parties," the
specific implementing provisions of R.A. No. 7941 do not define or require that the
sectors, organizations or parties must be "marginalized and underrepresented." On the To recall, Ang Bagong Bayani expressly declared, in its second guideline for the
contrary, to even interpret that all the sectors mentioned in Section 5 are "marginalized accreditation of parties under the party-list system, that "while even major political
and underrepresented" would lead to absurdities. parties are expressly allowed by RA 7941 and the Constitution to participate in the
party-list system, they must comply with the declared statutory policy of enabling
How then should we harmonize the broad policy declaration in Section 2 of R.A. No. 'Filipino citizens belonging to marginalized and underrepresented sectors . . . to be
7941 with its specific implementing provisions, bearing in mind the applicable provisions elected to the House of Representatives.'" However, the requirement in Ang Bagong
of the 1987 Constitution on the matter? Bayani, in its second guideline, that "the political party . . . must represent the
marginalized and underrepresented," automatically disqualified major political parties
from participating in the party-list system. This inherent inconsistency in Ang Bagong
The phrase "marginalized and underrepresented" should refer only to the sectors Bayani has been compounded by the COMELEC's refusal to register sectoral wings
in Section 5 that are, by their nature, economically "marginalized and officially organized by major political parties. BANAT merely formalized the prevailing
underrepresented." These sectors are: labor, peasant, fisherfolk, urban poor, practice when it expressly prohibited major political parties from participating in the
indigenous cultural communities, handicapped, veterans, overseas workers, and other party-list system, even through their sectoral wings. STECDc
similar sectors. For these sectors, a majority of the members of the sectoral party
must belong to the "marginalized and underrepresented." The nominees of the
sectoral party either must belong to the sector, or must have a track record of Section 11 of R.A. No. 7941 expressly prohibited the "first five (5) major political
advocacy for the sector represented. Belonging to the "marginalized and parties on the basis of party representation in the House of Representatives at the start
underrepresented" sector does not mean one must "wallow in poverty, destitution or of the Tenth Congress" from participating in the May 1988 party-list elections. 59 Thus,
infirmity." It is sufficient that one, or his or her sector, is below the middle class. More major political parties can participate in subsequent party-list elections since the
specifically, the economically "marginalized and underrepresented" are those who fall in prohibition is expressly limited only to the 1988 party-list elections. However,
the low income group as classified by the National Statistical Coordination Board. 58 major political parties should participate in party-list elections only through their sectoral
TAaCED wings. The participation of major political parties through their sectoral wings, a majority
of whose members are "marginalized and underrepresented" or lacking in "well-defined
political constituencies," will facilitate the entry of the "marginalized and
The recognition that national and regional parties, as well as sectoral parties of underrepresented" and those who "lack well-defined political constituencies" as
professionals, the elderly, women and the youth, need not be "marginalized and members of the House of Representatives.
underrepresented" will allow small ideology-based and cause-oriented parties who lack
"well-defined political constituencies" a chance to win seats in the House of
Representatives. On the other hand, limiting to the "marginalized and The 1987 Constitution and R.A. No. 7941 allow major political parties to participate in
underrepresented" the sectoral parties for labor, peasant, fisherfolk, urban poor, party-list elections so as to encourage them to work assiduously in extending their
indigenous cultural communities, handicapped, veterans, overseas workers, and other constituencies to the "marginalized and underrepresented" and to those who "lack well-
sectors that by their nature are economically at the margins of society, will give the defined political constituencies." The participation of major political parties in party-list
"marginalized and underrepresented" an opportunity to likewise win seats in the House elections must be geared towards the entry, as members of the House of
of Representatives. Representatives, of the "marginalized and underrepresented" and those who "lack well-
defined political constituencies," giving them a voice in law-making. Thus, to participate
in party-list elections, a major political party that fields candidates in the legislative
This interpretation will harmonize the 1987 Constitution and R.A. No. 7941 and will give district elections must organize a sectoral wing, like a labor, peasant, fisherfolk, urban
rise to a multi-party system where those "marginalized and underrepresented," both in poor, professional, women or youth wing, that can register under the party-list system.
economic and ideological status, will have the opportunity to send their own
members to the House of Representatives. This interpretation will also make the party-
list system honest and transparent, eliminating the need for relatively well-off party-list Such sectoral wing of a major political party must have its own constitution, by-laws,
representatives to masquerade as "wallowing in poverty, destitution and infirmity," even platform or program of government, officers and members, a majority of whom must
as they attend sessions in Congress riding in SUVs. belong to the sector represented. The sectoral wing is in itself an independent sectoral
party, and is linked to a major political party through a coalition. This linkage is allowed
by Section 3 of R.A. No. 7941, which provides that "component parties or organizations
The major political parties are those that field candidates in the legislative district of a coalition may participate independently (in party-list elections) provided the coalition
elections. Major political parties cannot participate in the party-list elections since they of which they form part does not participate in the party-list system."
neither lack "well-defined political constituencies" nor represent "marginalized and
underrepresented" sectors. Thus, the national or regional parties under the party-
list system are necessarily those that do not belong to major political parties. This Section 9 of R.A. No. 7941 prescribes the qualifications of party-list nominees. This
automatically reserves the national and regional parties under the party-list system to provision prescribes a special qualification only for the nominee from the youth sector.
those who "lack well-defined political constituencies," giving them the opportunity to
have members in the House of Representatives. Section 9.Qualifications of Party-List Nominees. No person shall
be nominated as party-list representative unless he is a natural-
born citizen of the Philippines, a registered voter, a resident of the (2)It advocates violence or unlawful means to
Philippines for a period of not less than one (1) year immediately seek its goal;
preceding the day of the election, able to read and write, a bona
fide member of the party or organization which he seeks to (3)It is a foreign party or organization;
represent for at least ninety (90) days preceding the day of the
election, and is at least twenty-five (25) years of age on the day of
the election. aSTAcH (4)It is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of
In case of a nominee of the youth sector, he must at least be its officers or members or indirectly through
twenty-five (25) but not more than thirty (30) years of age on the third parties for partisan election purposes;
day of the election. Any youth sectoral representative who attains
the age of thirty (30) during his term shall be allowed to continue in
office until the expiration of his term. (5)It violates or fails to comply with laws, rules
or regulations relating to elections;
A party-list nominee must be a bona fide member of the party or organization which
he or she seeks to represent. In the case of sectoral parties, to be a bona fide (6)It declares untruthful statements in its
party-list nominee one must either belong to the sector represented, or have petition;
a track record of advocacy for such sector.
(7)It has ceased to exist for at least one (1)
In disqualifying petitioners, the COMELEC used the criteria prescribed in Ang Bagong year; or
Bayani and BANAT. Ang Bagong Bayani laid down the guidelines for qualifying those
who desire to participate in the party-list system: (8)It fails to participate in the last two (2)
preceding elections or fails to obtain at least
First, the political party, sector, organization or coalition must two per centum (2%) of the votes cast under
represent the marginalized and underrepresented groups the party-list system in the two (2) preceding
identified in Section 5 of RA 7941. . . . elections for the constituency in which it has
registered."
Second, while even major political parties are expressly allowed by
RA 7941 and the Constitution to participate in the party-list system, Fifth, the party or organization must not be an adjunct of, or a
they must comply with the declared statutory policy of enabling project organized or an entity funded or assisted by, the
"Filipino citizens belonging to marginalized and underrepresented government. . . . .
sectors . . . to be elected to the House of Representatives." . . . .
xxx xxx xxx
xxx xxx xxx
Sixth, the party must not only comply with the requirements of the
Third, . . . the religious sector may not be represented in the party- law; its nominees must likewise do so. Section 9 of RA 7941 reads
list system. . . . . cSCADE as follows: TCcIaA

xxx xxx xxx "SEC. 9.Qualifications of Party-List Nominees.


No person shall be nominated as party-list
representative unless he is a natural-born
Fourth, a party or an organization must not be disqualified under citizen of the Philippines, a registered voter, a
Section 6 of RA 7941, which enumerates the grounds for resident of the Philippines for a period of not
disqualification as follows: less than one (1) year immediately preceding
the day of the election, able to read and write,
"(1)It is a religious sect or denomination, a bona fide member of the party or
organization or association, organized for organization which he seeks to represent for at
religious purposes; least ninety (90) days preceding the day of the
election, and is at least twenty-five (25) years Thus, we remand all the present petitions to the COMELEC. In determining who may
of age on the day of the election. participate in the coming 13 May 2013 and subsequent party-list elections, the
COMELEC shall adhere to the following parameters:
In case of a nominee of the youth sector, he must at least
be twenty-five (25) but not more than thirty (30) years of 1.Three different groups may participate in the party-list system: (1)
age on the day of the election. Any youth sectoral national parties or organizations, (2) regional parties or
representative who attains the age of thirty (30) during his organizations, and (3) sectoral parties or organizations.
term shall be allowed to continue in office until the
expiration of his term." 2.National parties or organizations and regional parties or
organizations do not need to organize along sectoral lines
Seventh, not only the candidate party or organization must and do not need to represent any "marginalized and
represent marginalized and underrepresented sectors; so also underrepresented" sector.
must its nominees. . . . .
3.Political parties can participate in party-list elections provided they
Eighth, . . . the nominee must likewise be able to contribute to the register under the party-list system and do not field
formulation and enactment of appropriate legislation that will benefit candidates in legislative district elections. A political party,
the nation as a whole. (Emphasis supplied) whether major or not, that fields candidates in legislative
district elections can participate in party-list elections only
In 2009, by a vote of 8-7 in BANAT, this Court stretched the Ang Bagong Bayani ruling through its sectoral wing that can separately register under
further. In BANAT, the majority officially excluded major political parties from the party-list system. The sectoral wing is by itself an
participating in party-list elections, 60 abandoning even the lip-service that Ang Bagong independent sectoral party, and is linked to a political party
Bayani accorded to the 1987 Constitution and R.A. No. 7941 that major political parties through a coalition. cdtai
can participate in party-list elections. TEacSA
4.Sectoral parties or organizations may either be "marginalized and
The minority in BANAT, however, believed that major political parties can participate in underrepresented" or lacking in "well-defined political
the party-list system through their sectoral wings. The minority expressed that constituencies." It is enough that their principal advocacy
"[e]xcluding the major political parties in party-list elections is manifestly against the pertains to the special interest and concerns of their
Constitution, the intent of the Constitutional Commission, and R.A. No. 7941. This Court sector. The sectors that are "marginalized and
cannot engage in socio-political engineering and judicially legislate the exclusion of underrepresented" include labor, peasant, fisherfolk, urban
major political parties from the party-list elections in patent violation of the Constitution poor, indigenous cultural communities, handicapped,
and the law." 61 The experimentations in socio-political engineering have only resulted veterans, and overseas workers. The sectors that lack
in confusion and absurdity in the party-list system. Such experimentations, in clear "well-defined political constituencies" include
contravention of the 1987 Constitution and R.A. No. 7941, must now come to an end. professionals, the elderly, women, and the youth.

We cannot, however, fault the COMELEC for following prevailing jurisprudence in 5.A majority of the members of sectoral parties or organizations
disqualifying petitioners. In following prevailing jurisprudence, the COMELEC could not that represent the "marginalized and underrepresented"
have committed grave abuse of discretion. However, for the coming 13 May 2013 party- must belong to the "marginalized and underrepresented"
list elections, we must now impose and mandate the party-list system actually sector they represent. Similarly, a majority of the members
envisioned and authorized under the 1987 Constitution and R.A. No. 7941. In BANAT, of sectoral parties or organizations that lack "well-defined
this Court devised a new formula in the allocation of party-list seats, reversing the political constituencies" must belong to the sector they
COMELEC's allocation which followed the then prevailing formula in Ang Bagong represent. The nominees of sectoral parties or
Bayani. In BANAT, however, the Court did not declare that the COMELEC committed organizations that represent the "marginalized and
grave abuse of discretion. Similarly, even as we acknowledge here that the COMELEC underrepresented," or that represent those who lack "well-
did not commit grave abuse of discretion, we declare that it would not be in accord with defined political constituencies," either must belong to their
the 1987 Constitution and R.A. No. 7941 to apply the criteria in Ang Bagong Bayani and respective sectors, or must have a track record of
BANAT in determining who are qualified to participate in the coming 13 May 2013 advocacy for their respective sectors. The nominees of
party-list elections. For this purpose, we suspend our rule 62 that a party may appeal national and regional parties or organizations must be
to this Court from decisions or orders of the COMELEC only if the COMELEC bona-fide members of such parties or organizations.
committed grave abuse of discretion.
6.National, regional, and sectoral parties or organizations shall not Velasco, Jr., J., took no part due to relative's participation in party list election.
be disqualified if some of their nominees are disqualified,
provided that they have at least one nominee who remains Leonardo-de Castro, J., I concur and also with the additional grounds cited in Justice
qualified. THESAD Brion's concurring opinion for revisiting the Ang Bagong Bayani ruling and his erudite
analysis of the aim of the party-list system under the Constitution and law and its
The COMELEC excluded from participating in the 13 May 2013 party-list elections those implications on political parties, party-list registrants and nominees.
that did not satisfy these two criteria: (1) all national, regional, and sectoral groups or
organizations must represent the "marginalized and underrepresented" sectors, and (2) Brion, J., see: separate opinion.
all nominees must belong to the "marginalized and underrepresented" sector they
represent. Petitioners may have been disqualified by the COMELEC because as
political or regional parties they are not organized along sectoral lines and do not Peralta, J., I join separate opinion of J. Brion.
represent the "marginalized and underrepresented." Also, petitioners' nominees who do
not belong to the sectors they represent may have been disqualified, although they may Abad, J., I join J. A.D. Brion in his separate opinion.
have a track record of advocacy for their sectors. Likewise, nominees of non-sectoral
parties may have been disqualified because they do not belong to any sector. Mendoza, J., I concur to remand but these was a grave abuse of discretion but only with
Moreover, a party may have been disqualified because one or more of its nominees respect to the disqualification of nominees separate from the party organization.
failed to qualify, even if the party has at least one remaining qualified nominee. As
discussed above, the disqualification of petitioners, and their nominees, under such
circumstances is contrary to the 1987 Constitution and R.A. No. 7941. Reyes, J., with separate concurring and dissenting opinion.

This Court is sworn to uphold the 1987 Constitution, apply its provisions faithfully, and Perlas-Bernabe, J., is on leave.
desist from engaging in socio-economic or political experimentations contrary to what
the Constitution has ordained. Judicial power does not include the power to re-write the Leonen, J., see separate concurring and dissenting opinion.
Constitution. Thus, the present petitions should be remanded to the COMELEC not
because the COMELEC committed grave abuse of discretion in disqualifying
petitioners, but because petitioners may now possibly qualify to participate in the Separate Opinions
coming 13 May 2013 party-list elections under the new parameters prescribed by this
Court.
SERENO, C.J., concurring and dissenting:
WHEREFORE, all the present 54 petitions are GRANTED. The 13 petitions, which have
been granted Status Quo Ante Orders but without mandatory injunction to include the The party-list system is primarily a
names of petitioners in the printing of ballots, are remanded to the Commission on tool for social justice.
Elections only for determination whether petitioners are qualified to register under the
party-list system under the parameters prescribed in this Decision but they shall not I believe that the ponencia may have further marginalized the already marginalized and
participate in the 13 May 2013 party-list elections. The 41 petitions, which have been underrepresented of this country. In the guise of political plurality, it allows national and
granted mandatory injunctions to include the names of petitioners in the printing of regional parties or organizations to invade what is and should be constitutionally and
ballots, are remanded to the Commission on Elections for determination whether statutorily protected space. What the ponencia fails to appreciate is that the party-list
petitioners are qualified to register under the party-list system and to participate in the system under the 1987 Constitution and the party-list law or RA 7941 is not about mere
13 May 2013 party-list elections under the parameters prescribed in this Decision. The political plurality, but plurality with a heart for the poor and disadvantaged. DSEaHT
Commission on Elections may conduct summary evidentiary hearings for this purpose.
This Decision is immediately executory.
The creation of a party-list system under the 1987 Constitution and RA 7941 was not
done in a vacuum. It comprehends the reality of a Filipino nation that has been and still
SO ORDERED. is struggling to come to terms with much social injustice that has been perpetrated over
centuries against a majority of its people by foreign invaders and even by its own
Bersamin, Del Castillo, Villarama, Jr. and Perez, JJ., concur. governments.

Sereno, C.J., I dissent; Ang Bagong Bayani should be upheld, not reversed. See This injustice is the fertile ground for the seeds which, watered by the blood spilled
concurring and dissenting opinion. during the Martial Law years, ripened to the revolution of 1986. It is from this ferment
that the 1987 Constitution was born. Thus, any reading of the 1987 Constitution must be
appropriately sensitive to the context from which it arose. As stated in Civil Liberties torturing and killing their own countrymen. Without love, there
Union v. Executive Secretary: can be no peace.

A foolproof yardstick in constitutional construction is the intention The new Charter establishes a republican democratic form of
underlying the provision under consideration. Thus, it has been government with three branches each independent and coequal
held that the Court in construing a Constitution should bear of each other affording a check and balance of powers.
in mind the object sought to be accomplished by its Sovereignty resides in the people.
adoption, and the evils, if any, sought to be prevented or
remedied. A doubtful provision will be examined in the light xxx xxx xxx
of the history of the times, and the condition and
circumstances under which the Constitution was framed.
The object is to ascertain the reason which induced the framers For the first time, and possibly this is the first and only
of the Constitution to enact the particular provision and the Constitution which provides for the creation of a Commission on
purpose sought to be accomplished thereby, in order to construe Human Rights entrusted with the grave responsibility of
the whole as to make the words consonant to that reason and investigating violations of civil and political rights by any party or
calculated to effect that purpose. 1 (Emphasis supplied) groups and recommending remedies therefor. The new Charter
also sets forth quite lengthily provisions on economic, social and
cultural rights spread out in separate articles such as the Articles
The heart of the 1987 Constitution is the Article on Social Justice. This is appropos on Social Justice, Education and Declaration of Principles. It is
since it is a document that not only recognizes but tries to heal the wounds of history. a document which in clear and in unmistakable terms
To harken to the words of Cecilia Muoz-Palma, n President of the 1986 Constitutional reaches out to the underprivileged, the paupers, the sick, the
Commission: elderly, disabled, veterans and other sectors of society. It is
a document which opens an expanded improved way of life
THE PRESIDENT:My distinguished colleagues in this Assembly: for the farmers, the workers, fishermen, the rank and file of
those in service in the government. And that is why I say
xxx xxx xxx that the Article on Social Justice is the heart of the new
Charter. 2 (Emphasis supplied)

My colleagues, in all humility, but with profound pride, I vote in


favor of the Constitution drafted by this Constitutional That is why Section 1, Article XIII, provides that: "The Congress shall give highest
Commission because I believe that the document is a worthy and priority to the enactment of measures that protect and enhance the right of all the
inspiring legacy we can hand down to the Filipino people of people to human dignity, reduce social, economic, and political inequalities, and
today, tomorrow, and for posterity. remove cultural inequities by equitably diffusing wealth and political power for
the common good." 3 As explained by this Court: cSHIaA

The reasons I will give have been given by most of the Members
of this Constitutional Commission this evening. But permit me to Further, the quest for a better and more "equal" world calls for
restate them just to stress the reasons why I am voting in favor. the use of equal protection as a tool of effective judicial
EDSAac intervention.

For the first time in the history of constitution-making in our Equality is one ideal which cries out for bold attention and
country, we set forth in clear and positive terms in the action in the Constitution. The Preamble proclaims "equality"
Preamble which is the beacon light of the new Charter, the as an ideal precisely in protest against crushing inequities in
noble goal to establish a just and humane society. This must Philippine society. The command to promote social justice in
be so because at present we have to admit that there are so few Article II, Section 10, in "all phases of national
with so much and so many with so little. We uphold the Rule of development," further explicitated in Article XIII, are clear
Law where no man is above the law, and we adhere to the commands to the State to take affirmative action in the
principles of truth, justice, freedom, equality, love and peace. direction of greater equality. . . . [T]here is thus in the
Yes, for the first time and possibly this is the first Constitution Philippine Constitution no lack of doctrinal support for a
where "love" is enshrined. This is most significant at this period in more vigorous state effort towards achieving a reasonable
our national life when the nation is bleeding under the forces of measure of equality.
hatred and violence, brothers fighting against brothers, Filipinos
Our present Constitution has gone further in guaranteeing vital xxx xxx xxx
social and economic rights to marginalized groups of society,
including labor. Under the policy of social justice, the law bends A significant innovation, as far as the legislative department is
over backward to accommodate the interests of the working class concerned, refers to the composition of the members of the
on the humane justification that those with less privilege in life House of Representatives. Representation in the Lower House
should have more in law. And the obligation to afford protection has been broadened to embrace various sectors of society; in
to labor is incumbent not only on the legislative and executive effect, enlarging the democratic base. It will be constituted by
branches but also on the judiciary to translate this pledge into a members who shall be elected in the traditional manner,
living reality. Social justice calls for the humanization of laws representing political districts, as well as by members who shall
and the equalization of social and economic forces by the be elected through the party list system.
State so that justice in its rational and objectively secular
conception may at least be approximated. 4 (Emphasis
supplied) xxx xxx xxx

That is also why the 1987 Constitution is replete with other social justice provisions, The institutions through which the sovereign people rule
including Sections 9, 10, 13, 14, 18 and 22 of Article II, Section 2 of Article V, Section 5 themselves are essential for the effective operation of
(1) (2) of Article VI, Sections 1, 2, 3, 5, 6, 10, 11, 12, 13 of Article XII, and Article XIII. As government. But these are not enough in order that the body
aptly pointed out by Commissioner Guingona in his sponsorship speech for the approval politic may evolve and progress. There is need for an
of the entire draft of the 1987 Constitution, social justice was the underlying philosophy underlying socio-economic philosophy which would direct
of the drafters when crafting the provisions of the fundamental law. Thus: these political structures and serve as the mainspring for
development. So it is that the draft Constitution contains
separate Articles on Social Justice and National Economy
MR. GUINGONA: Thank you, Mr. Presiding Officer. and Patrimony.

This sponsorship speech is for the entire draft of the Constitution Talk of people's freedom and legal equality would be empty
of the Republic of the Philippines. rhetoric as long as they continue to live in destitution and misery,
without land, without employment, without hope. But in helping to
Today, we have completed the task of drafting a Constitution bring about transformation, in helping the common man break
which is reflective of the spirit of our time -a spirit of nationalism, away from the bondage of traditional society, in helping restore to
a spirit of liberation, a spirit of rising expectations. DSETcC him his dignity and worth, the right to individual initiative and to
property shall be respected.
On June 2, forty-eight men and women met in this hall-men and
women from different walks of life with diverse backgrounds and The Social Justice Article, to which our Commission
orientations, even with conflicting convictions, but all sharing the President, the Honorable Cecilia Muoz Palma, refers to as
same earnest desire to serve the people and to help draft a the "heart of the Constitution," provides that Congress shall
Constitution which will establish a government that the people give highest priority to the enactment of measures that
can trust and enthusiastically support, a Constitution that would reduce social, economic and political inequalities. The
guarantees individual rights and serves as a barrier against same article addresses the problems of (1) labor local and
excesses of those in authority. overseas, organized and unorganized recognizing the rights of
all workers in the private as well as in the public sector, the rank
xxx xxx xxx and file and the supervisory, to self-organization, collective
bargaining and peaceful and concerted activities including the
right to strike in accordance with law; (2) the farmers, the farm
A Constitution of the people and for the people derives its workers, the subsistence fishermen and the fishworkers, through
authenticity and authority from the sovereign will; the power of agrarian and natural resources reform; (3) the underprivileged
the people precedes it. As such, it should reflect the norms, the and homeless citizens in urban centers and resettlement areas,
values, the modes of thought of our society, preserve its heritage, through urban land reform and housing; (4) the health of the
promote its orderliness and security, protect its cherished people, through an integrated and comprehensive approach to
liberties and guard against the encroachments of would-be health development; (5) the women, by ensuring the fundamental
dictators. These objectives have served as the framework in the equality of women and men before the law, and (6) people's
work of drafting the 1986 Constitution.
organizations, by facilitating the establishment of adequate The place of the party-list system in the constitutional scheme was that it provided for
consultation mechanisms. caIEAD the realization of the ideals on social justice in the political arena. 7

xxx xxx xxx The concept is not new, as discussed by political theorist Terry MacDonald:

These are some of the provisions which we have First, an idea that has received much attention among democratic
constitutionalized. These are some of the innovations that we theorists is that representatives should be selected to 'mirror' the
have introduced. These are the ideas, values and institutions characteristics of those being represented in terms of gender,
which we have drawn and which we trust would serve as the ethnicity, and other such characteristics judged to be socially
foundation of our society, the keystone of our national relevant. This idea has been advocated most notably in some
transformation and development, the driving force for what we recent democratic debates focused on the need for special
pray would be our irreversible march to progress. In brief, this is representation of disadvantaged and under-represented social
what the men and women of the 1986 Constitutional Commission groups within democratic assemblies. The applicability of this
have drafted under the able, firm and dedicated leadership of our idea of 'mirror' representation is not confined to debates about
President, the Honorable Cecilia Muoz Palma. representing marginalized minorities within nation-states; Iris Young
further applies this model of representation to global politics,
The Constitution that we have drafted is a practical instrument arguing that global representation should be based on
suited to the circumstances of our time. It is also a Constitution representation of the various 'peoples' of the world, each of which
that does not limit its usefulness to present needs; one which, in embodies its own distinctive identity and 'perspective'. In practice,
the words of U.S. Supreme Court Chief Justice John Marshall, special representation for certain social groups within a 'mirror'
and I quote, "is intended to endure for ages to come and framework can be combined with election mechanisms in various
consequently to be adapted to the various crises of human ways such as by according quotas of elected
affairs." representatives to designated social groups. But since the
selection of these 'social groups' for special representation
would nonetheless remain a distinct element of the process of
As we present the proposed fundamental law, we pray that our selecting legitimate representatives, occurring prior to the
efforts would pave the way towards the establishment of a electoral process, such 'mirror' representation is still
renewed constitutional government which we were deprived of recognizable as a distinct mechanism for selecting
since 1972, that these efforts would ensure that the triumph at representative agents. 8 (Emphasis supplied) AEcIaH
EDSA so deservingly won by the people shall continue to be
enjoyed by us and our posterity for all time, that these efforts
would result in the drafting of a democratic Constitution a Two months after their initial debates on the form and structure of government that
Constitution which is the repository of the people's inalienable would best promote equality, the Commission broke ground on the promotion of political
rights; a Constitution that enshrines people's power and the rule equality and provided for sectoral representation in the party-list system of the
of law; a Constitution which would seek to establish in this fair legislature. Commissioner Villacorta opened the debates on the party-list system. 9
land a community characterized by moral regeneration, social
progress, political stability, economic prosperity, peace, love and MR. VILLACORTA:. . . On this first day of August 1986, we shall,
concern for one another; a Constitution that embodies vital living hopefully, usher in a new chapter in our national history by giving
principles that seek to secure for the people a better life founded genuine power to our people in the legislature . . .
on liberty and welfare for all. TAIaHE
Commissioner Jaime Tadeo explained the circumstances the party-list system sought to
Mr. Presiding Officer, on behalf of this Commission's address: 10
Sponsorship Committee, I have the honor to move for the
approval of the draft Constitution of the Republic of the MR. TADEO:. . . Ang Cory government ay iniakyat ng people's
Philippines on Second Reading. 5 power. Kaya kami naririto sa Con-Com ay dahil sa people's
power nasa amin ang people, wala sa amin ang power. Ganito
It is within this historical and textual milieu that the party-list provisions in the 1987 ito kahalaga.
Constitution should be interpreted. Every provision should be read in the context of all
the other provisions so that contours of constitutional policy is made clear. 6 xxx xxx xxx
The Legislature is supposed to implement or give flesh to the apparent that "marginalized and underrepresented" qualifies "sectors", "organizations"
needs and aspirations of the Filipino people. SDTIaE and "parties".

Ganoon kahalaga ang National Assembly kaya't napakahalaga Third, even assuming that it is not so apparent, in terms of statutory construction, the
noong Section 5 and Section 31 ng ating Constitution. Our import of "social justice" that has developed in various decisions is that when the law is
experience, however, has shown that legislation has tended to clear and valid, it simply must be applied; but when the law can be interpreted in more
benefit more the propertied class who constitutioes a small ways than one, an interpretation that favors the underprivileged must be favored. 12
minority in our society than the impoverished majority, 70 percent
of whom live below the poverty line. This has come about Lastly, deliberations of the Constitutional Commission show that the party-list system is
because the rich have managed to dominate and control the a countervailing means for the weaker segments of our society to overcome the
legislature, while the basic sectors have been left out of it. So, preponderant advantages of the more entrenched and well-established political parties.
the critical question is, how do we ensure ample representation To quote:
of basic sectors in the legislature so that laws reflect their needs
and aspirations?
MR. OPLE:
RA 7941 was enacted pursuant to the party-list provisions of the 1987 Constitution. Not
only is it a "social justice tool", as held in Ang Bagong Bayani, 11 but it is primarily so. So, Commissioner Monsod grants that the basic principle for a
This is not mere semantics but a matter of legal and historical accuracy with material party list system is that it is a countervailing means
consequences in the realm of statutory interpretation. for the weaker segments of our society, if they want to
seek seats in the legislature, to overcome the
preponderant advantages of the more entrenched and
The ponencia gives six (6) parameters that the COMELEC should adhere to in well-established political parties, but he is concerned
determining who may participate in the coming 13 May 2013 and subsequent party-list that the mechanics might be inadequate at this time.
elections. I shall discuss below my position in relation to the second, fourth and sixth
parameter enunciated in the ponencia.
MR. MONSOD:
"Marginalized and underrepresented"
under Section 2 of RA 7941 qualifies Not only that; talking about labor, for example I think
national, regional and sectoral parties Commissioner Tadeo said there are 10 to 12 million
or organizations. laborers and I understand that organized labor is about 4.8
million or 4.5 million if the laborers get together, they
can have seats. With 4 million votes, they would have 10
Under the second parameter, "[n]ational parties or organizations and regional parties or seats under the party list system.
organizations do not need to organize along sectoral lines and do not need to represent
any "marginalized and underrepresented" sector." In a nutshell, the ponencia interprets
"marginalized and underrepresented" in Section 2 of RA 7941 to qualify only sectoral MR. OPLE:
parties or organizations, and not national and regional parties or organizations.
So, the Commissioner would favor a party list system that is open
I dissent for the following reasons. to all and would not agree to a party list system which
seeks to accommodate, in particular, the so-called
sectoral groups that are predominantly workers and
First, since the party-list system is primarily a tool for social justice, the standard of peasants? prcd
"marginalized and underrepresented" under Section 2 must be deemed to qualify
national, regional and sectoral parties or organizations. To argue otherwise is to
divorce national and regional parties or organizations from the primary objective of MR. MONSOD:
attaining social justice, which objective surrounds, permeates, imbues, and underlies
the entirety of both the 1987 Constitution and RA 7941. TcDIEH If one puts a ceiling on the number that each party can put within
the 50, and I am assuming that maybe there are just two
Second, Section 2 of RA 7941 states that the party-list system seeks to "enable Filipino major parties or three at the most, then it is already a form
citizens belonging to the marginalized and underrepresented sectors, organizations of opening it up for other groups to come in. All we are
and parties . . . to become members of the House of Representatives." On its face, it is asking is that they produce 400,000 votes nationwide. The
whole purpose of the system is precisely to give room
for those who have a national constituency who may standard to guide the COMELEC as an administrative agency in the exercise of its
never be able to win a seat on a legislative district discretion to determine the qualification of a party-list group.
basis. But they must have a constituency of at least
400,000 in order to claim a voice in the National As long as such discretion is not gravely abused, the determination of the COMELEC
Assembly. 13 [emphasis supplied] must be upheld. This is consistent with our pronouncement in Ang Bagong Bayani that,
"the role of the COMELEC is to see to it that only those Filipinos that are 'marginalized
However, the second parameter would allow the more entrenched and well-established and underrepresented' become members of the Congress under the party-list system."
political parties and organizations to compete with the weaker segments of society,
which is the very evil sought to be guarded against. For as long as the agency concerned will be able to promulgate rules and regulations to
implement a given legislation and effectuate its policies, and that these regulations are
The ponencia's second parameter is premised on the following grounds, among others. germane to the objects and purposes of the law and not in contradiction to but in
conformity with the standards prescribed by the law, then the standard may be deemed
First, the ponencia explains that the text of the 1987 Constitution and RA 7941, and the sufficient. 14 TAaIDH
proceedings of the Constitutional Commission evince an indisputable intent to allow
national, regional, and sectoral parties and organizations to participate in the party-list We should also note that there is a time element to be considered here, for those who
system. To require national and regional parties and organizations to represent the are marginalized and underrepresented today may no longer be one later on.
marginalized and underrepresented makes them effectively sectoral parties and Marginalization and underrepresentation is an ever evolving concept, created to
organizations and violates this intent. address social disparities, to be able to give life to the "social justice" policy of our
Constitution. 15 Confining its definition to the present context may unduly restrict the
The error here is to conclude that if the law treats national, regional and sectoral parties COMELEC of its quasi-legislative powers which enables it to issue rules and regulations
and organizations the same by requiring that they represent the "marginalized and to implement the election laws and to exercise such legislative functions as may
underrepresented," they become the same. By analogy, people can be treated similarly expressly be delegated to it by Congress. 16
but that does not make them identical.
Flexibility of our laws is a key factor in reinforcing the stability of our Constitution,
Second, the ponencia rules that since under the Section 5 (2), Article VI of the 1987 because the legislature is certain to find it impracticable, if not impossible, to anticipate
Constitution, only 50% of the seats are allocated during the first three consecutive terms situations that may be met in carrying laws into effect. 17 The growing complexity of
of Congress after the ratification of the 1987 Constitution to representatives from the modern life, the multiplication of the subjects of governmental regulations, and the
labor, peasant, urban poor, etc., it necessarily follows that the other 50% would be increased difficulty of administering the laws, the rigidity of the theory of separation of
allocated to representatives from sectors which are non-marginalized and governmental powers is largely responsible in empowering the COMELEC to not only
underrepresented. DTcACa execute elections laws, but also promulgate certain rules and regulations calculated to
promote public interest. 18 This is the principle of subordinate legislation discussed in
People v. Rosenthal 19 and in Pangasinan Transportation vs. Public Service
The error here is to conclude that the latter statement necessarily follows if the former is Commission. 20
true. This is not so since the latter 50% can very well include representatives from other
non-enumerated sectors, or even national or regional parties and organizations, all of
which can be "marginalized and underrepresented." This is consistent with our pronouncement in Ang Bagong Bayani that, "the role of the
COMELEC is to see to it that only those Filipinos that are 'marginalized and
underrepresented' become members of the Congress under the party-list system."
Third, the ponencia adds that it would prevent ideology-based and cause-oriented
parties, who cannot win in legislative district elections, from participating in the party-list
system. Fourth, the ponencia holds that failure of national and regional parties to represent the
marginalized and underrepresented is not a ground for the COMELEC to refuse or
cancel registration under Section 6 of RA 7941.
The error here is to conclude that such ideology-based or cause-oriented parties are
necessarily non-marginalized or underrepresented, which would in turn depend on how
"marginalization and underrepresentation" is defined. The ponencia appears to be The error here is that under Section 6 (5), the COMELEC may refuse or cancel if the
operating under a preconceived notion that "marginalized and underrepresented" refers party "violates or fails to comply with laws." Thus, before the premise can be correct, it
only to those "economically" marginalized. must be first established that "marginalization and underrepresentation" is not a
requirement of the law, which is exactly what is at issue here.
However, there is no need for this Court to define the phrase "marginalized and
underrepresented," primarily because it already constitutes sufficient legislative Fifth, the ponencia makes too much of the fact that the requirement of "marginalization
and underrepresentation" appears only once in RA 7941.
The error here is to conclude that the phrase has to appear more than once to carry Guideline Nos. 1-5 of Ang Bagong
sufficient legal significance. "Marginalization and underrepresentation" is in the nature of Bayani (alternately, on the basis of the
a legislative standard to guide the COMELEC in the exercise of its administrative new parameters set in the ponencia,
powers. This Court has held that to avoid the taint of unlawful delegation, there must be that they validly qualify as national,
a standard, which implies at the very least that the legislature itself determines matters regional or sectoral party-list group);
of principle and lays down fundamental policy. Otherwise, the charge of complete and (2) one of its top three (3)
abdication may be hard to repel. A standard thus defines legislative policy, marks its nominees remains qualified.
limits, maps out its boundaries and specifies the public agency to apply it. The standard
does not even have to be spelled out. It could be implied from the policy and purpose of I concur with the ponencia that an advocate may qualify as a nominee. However, I
the act considered as a whole. 21 Consequently, we have held that "public welfare" 22 would like to explain my position with regard to the sixth parameter set forth in the
and "public interest" 23 are examples of such sufficient standards. Therefore, that it ponencia with respect to nominees.
appears only once in RA 7941 is more than sufficient, since a standard could even be
an implied one. TaCIDS
To recall, the sixth parameter in the ponencia provides:
National, regional and sectoral
parties or organizations must both 6.National, regional and sectoral parties or organizations shall not
represent the "marginalized and be disqualified if some of their nominees are disqualified, provided
underrepresented" and lack "well- that they have at least one nominee who remain qualified.
defined political constituencies".
I propose the view that the disqualification of a party-list group due to the disqualification
The fourth parameter in the ponencia states: of its nominee is only reasonable if based on material misrepresentations regarding the
nominee's qualifications. Otherwise, the disqualification of a nominee should not
disqualify the party-list group provided that: (1) it meets Guideline Nos. 1-5 of
4.Sectoral parties or organizations may either be "marginalized and Ang Bagong Bayani (alternately, on the basis of the new parameters set in the
underrepresented" or lacking in "well-defined political ponencia, that they validly qualify as national, regional or sectoral party-list
constituencies." It is enough that their principal advocacy pertains group); and (2) one of its top three (3) nominees remains qualified, for reasons
to the special interest and concerns of their sector. The sectors that explained below. IaESCH
are "marginalized and underrepresented" include labor, peasant,
fisherfolk, urban poor, indigenous cultural communites,
handicapped, veterans, and overseas workers. The sectors that The constitutional policy is to enable Filipinos belonging to the marginalized and
lack "well-defined political constituencies" include professionals, the underrepresented sectors to contribute legislation that would benefit them. Consistent
elderly, women, and the youth. therewith, R.A. No. 7941 provides that the State shall develop and guarantee a full, free
and open party-list system that would achieve proportional representation in the House
of Representatives by enhancing party-list groups' "chances to compete for and win
I dissent for the following reasons. seats in the legislature." 24 Because of this policy, I believe that the COMELEC cannot
interpret Section 6 (5) of R.A. No. 7941 as a grant of purely administrative, quasi-
First, Section 2 of RA 7941 clearly makes the "lack of a well-defined political legislative or quasi-judicial power to ipso facto disqualify party-list groups based on the
constituency" as a requirement along with "marginalization and underrepresentation." disqualification of a single nominee.
They are cumulative requirements, not alternative. Thus, sectoral parties and
organizations intending to run in the party-list elections must meet both. It should also be pointed out that the law itself considers a violation of election laws as a
disqualifying circumstance. However, for an act or omission to be considered a violation
Second, the ponencia appears to be operating under preconceived notions of what it of election laws, it must be demonstrative of gross and willful disregard of the laws or
means to be "marginalized and underrepresented" and to "lack a well-defined political public policy. The standard cannot be less for the rules and regulations issued by the
constituency." For reasons discussed above, the exact content of these legislative COMELEC. Thus, any disqualification of a party-list group based on the disqualification
standards should be left to the COMELEC. They are ever evolving concepts, created to of its nominee must be based on a material misrepresentation regarding that nominee's
address social disparities, to be able to give life to the "social justice" policy of our qualifications. This also finds support in Section 6 (6) of R.A. No. 7941 which considers
Constitution. IDSaTE declaring "untruthful statements in its petition" as a ground for disqualification.

The disqualification of a nominee As regards the second qualification mentioned above, party-list groups should have at
should not disqualify the party-list least one qualified nominee among its top three nominees for it to be allowed to
group provided that: (1) it meets participate in the elections. This is because if all of its top three nominees are
disqualified, even if its registration is not cancelled and is thus allowed to participate in Let us use a hypothetical scenario to illustrate.
the elections, and should it obtain the required number of votes to win a seat, it would
still have no one to represent it, because the law does not allow the group to replace its The table below uses the seat-allocation system introduced in BANAT. It assumes the
disqualified nominee through substitution. This is a necessary consequence of applying following facts: (1) 35 party-list groups participated in the elections; (2) 20 million votes
Sections 13 in relation to Section 8 of R.A. No. 7941. were cast for the party-list system; and (3) there are 50 seats in Congress reserved for
the party-list representatives.
Section 13 provides that party-list representatives shall be proclaimed by the
COMELEC based on "the list of names submitted by the respective parties . . . The succeeding paragraphs will explain how the BANAT method will operate to
according to their ranking in the said list." The ranking of a party-list group's nominees is distribute the 50 seats reserved in the House of Representatives given the foregoing
determined by the applicability or the inapplicability of Section 8, the last paragraph of facts and the number of votes obtained by each of the 35 party-list groups.
which reads: cHDAIS

Rank Party-list Votes % 1st Round 2nd Round Total #


. . . No change of names or alteration of the order of nominees
shall be allowed after the same shall have been submitted to the (guaranteed (additional
group Garnered of seats
COMELEC except in cases where the nominee dies, or seats) seats)
withdraws in writing his nomination, becomes incapacitated in 1 AAA 1,466,000 7.33% 1 2 3
which case the name of the substitute nominee shall be placed
2 BBB 1,228,000 6.14% 1 2 3
last in the list.
3 CCC 1,040,000 4.74% 1 1 2
Thus, only in case of death, incapacity, or withdrawal does the law allow a party-list 4 DDD 1,020,000 3.89% 1 1 2
group to change the ranking of its nominees in the list it initially submitted. The ranking
5 EEE 998,000 3.88% 1 1 2
of the nominees is changed through substitution, which according to Section 8 is done
by placing the name of the substitute at the end of the list. In this case, all the names 6 FFF 960,000 3.07% 1 1 2
that come after the now vacant slot will move up the list. After substitution takes effect, 7 GGG 942,000 2.92% 1 1 2
the new list with the new ranking will be used by COMELEC to determine who among
the nominees of the party-list group shall be proclaimed, from the first to the last, in 8 HHH 926,000 2.65% 1 1 2
accordance with Section 13. 9 III 910,000 2.57% 1 1 2
10 JJJ 796,000 2.57% 1 1 2
If any/some of the nominees is/are disqualified, no substitution will be allowed. Thus,
their ranking remains the same and should therefore be respected by the COMELEC in 11 KKK 750,000 2.42% 1 1 2
determining the one/s that will represent the winning party-list group in Congress. This 12 LLL 738,000 2.35% 1 1 2
means that if the first nominee is disqualified, and the party-list group is able to join the
elections and becomes entitled to one representative, the second cannot take the first 13 MMM 718,000 2.32% 1 1 2
nominee's place and represent the party-list group. If, however, the party-list group gets 14 NNN 698,000 2.13% 1 1 2
enough votes to be entitled to two seats, then the second nominee can represent it.
15 OOO 678,000 2.12% 1 1 2
Allowing a party-list group, which has successfully passed Guideline Nos. 1-5 of Ang 16 PPP 658,000 2.06% 1 1 2
Bagong Bayani 25 (alternately, pursuant to the present holding of the ponencia, that it 17 QQQ 598,000 2.02% 1 1 2
qualifies as a national, regional or sectoral party or organization) and has established
the qualification of at least one (1) of its top three (3) nominees, to participate in the 18 RRR 482,000 1.95% 1 1
elections is a better interpretation of the law. It is fully consistent with the policy of 19 SSS 378,000 1.89% 1 1
developing and guaranteeing a full, free and open party-list system that would achieve
20 TTT 318,000 1.54% 1 1
proportional representation in the House of Representatives by enhancing party-list
groups' "chances to compete for and win seats in the legislature" 26 while providing 21 UUU 294,000 1.47% 1 1
sufficient disincentives for party-list groups to flood the COMELEC with nominees as 22 VVV 292,000 1.44% 1 1
Section 8 of R.A. No. 7941 only requires that they submit not less than five (5). cEaCTS
23 WWW 290,000 1.43% 1 1
It must be noted that this method, together with the seat-allocation system introduced in 24 XXX 280,000 1.37% 1 1
BANAT v. COMELEC, 27 will allow more party-list groups to be represented in 25 YYY 274,000 1.37% 1 1
Congress.
26 ZZZ 268,000 1.34% 1 1 stops at this point. In the table above, the 50th seat was awarded to I-E the party-list
group that ranked 31st in the election.
27 1-A 256,000 1.24% 1 1
28 1-B 248,000 1.23% 1 1 In the foregoing discussion, all the nominees of the party-list groups are qualified. What
29 1-C 238,000 1.18% 1 1 happens if one or some of the nominees are disqualified? Following the proposed
method, if one or two of the party-list groups with guaranteed seats have a disqualified
30 1-D 222,000 1.11% 1 1 first nominee, their second nominee, if qualified, can still represent them in Congress
31 1-E 214,000 1.07% 1 1 based on the second round of seat allocation.
32 1-F 212,000 1.06%
In the event that some of the nominees of party-list groups whether or not entitled to
33 1-G 210,000 1.05% guaranteed seats are disqualified, then those party-list groups, which without the
34 1-H 206,000 1.03% disqualification of these nominees would not be entitled to a seat, would now have a
higher chance to have a representative elected in Congress.
35 1-I 194,000 1.02%
If, for example, the first nominee of BBB is disqualified, then it forfeits its guaranteed
20,000,000 17 33 50 seat and the additional seats for distribution in the second round will be increased by 1.
With 34 seats to be allocated, I-E will now qualify to obtain a seat in its favor, assuming
========= ==== ==== ===
that its first nominee is qualified. If I-E's first nominee is disqualified, then we will
proceed to the party-list next-in-rank, which is I-G. This method is followed down the line
We explained in BANAT that the first clause of Section 11 (b) of R.A. 7941 guarantees a until all 50 seats are allocated. TSHcIa
seat to the party-list groups "receiving at least two percent (2%) of the total votes cast
for the party-list system." In our hypothetical scenario, the party-list groups ranked 1st to If we follow the proposed method, this would yield a higher number of party-list groups
17th received at least 2% of the 20 million votes cast for the party-list system. In effect, represented in Congress, but with fewer representatives per group.
all 17 of them were given guaranteed seats. The distribution of these so-called
guaranteed seats to the "two percenters" is what BANAT calls the "first round of seat
allocation." This proposed method can be further illustrated through another example, this time
using a "non-two percenter" party-list group. In the table above, RRR failed to garner at
least 2% of the total votes. However, in the second round of seat allocation, it was
From the first round of seat allocation, the total number of guaranteed seats allocated to granted 1 seat. To be able to send a representative in Congress, RRR's first nominee
the two percenters will be subtracted from "20% of the members of the House of should be qualified to sit. Assuming that its first nominee was disqualified, its second or
Representatives" reserved by the Constitution for party-list representatives, which in this third nominee cannot occupy said seat; instead, it will forfeit the seat and such seat will
hypothetical scenario is 50 seats. Assuming all 17 of the two percenters were able to now go to I-E. Again, this method is followed down the line until all 50 seats are
establish the qualification of their first nominee, the remaining 33 will be distributed in allocated.
what BANAT termed as the "second round of seat allocation."
In conclusion, I submit that a party-list group should be allowed to participate in the
These remaining 33 seats are called "additional seats." The rules followed in the elections despite the disqualification of some of its nominees, provided that there
distribution/allocation of these seats are fairly simple. If a party-list group's percentage is remains a qualified nominee out of the top three initially submitted. Not only is this the
multiplied by the total number of additional seats and the product is no less than 2, then better policy, but this is also the interpretation supported by law.
that party-list will be entitled to 2 additional seats. This is to keep in line with the 3-seat
limit rule. In our hypothetical scenario as shown by the table above, only the top two
Only nine of the petitions should be
party-list groups, AAA and BBB are entitled to 2 additional seats. Assuming, again, that
remanded.
the 2nd and 3rd nominees of both AAA and BBB are qualified, then only 29 will be left
for distribution. TAIDHa
Given the circumstances above-mentioned, I respectfully dissent on the remand of all
petitions to the COMELEC for reasons to be discussed below.
In distributing the remaining 29 seats, it must be kept in mind that the number of votes
cast in favor of the remaining party-list groups becomes irrelevant. At this stage, the
only thing that matters is the group's ranking. The party-list group that comes after BBB The ponencia justifies the remand of all petitions in this wise, viz.:
will be given 1 additional seat and the distribution of one seat per party-list group, per
rank, continues until all 50 seats are accounted for; the second round of seat allocation . . . Thus, the present petitions should be remanded to the
COMELEC not because COMELEC committed grave abuse of
discretion in disqualifying petitioners, but because petitioners may 9.1-UNITED TRANSPORT KOALISYON (1-UTAK)
now possibly qualify to participate in the coming 13 May 2013
party-list elections under the new parameters prescribed by this Assuming for the sake of argument that we agree with the ponencia's take that the
Court. (Emphasis supplied) ATaDHC phrase "marginalized and underrepresented" qualifies only sectoral parties, still, a
remand of all the petitions remain uncalled for. Out of the 52 petitions, there are only 11
The "new parameters" set forth in the ponencia's guidelines focus mainly on two (2) party-list groups which are classified as national or regional parties. 28 Thus, if we were
grounds used by the COMELEC to cancel registration: (1) the standard of marginalized to strictly apply the ponencia's guidelines, only 20 petitions ought to be remanded.
and underrepresented as applied to national, regional and sectoral parties and TcEaAS
organizations; and (2) the qualification of nominees. From such examination, we can
conclude that, in relation to the other grounds used by COMELEC to cancel registration The COMELEC did not violate
(other than those two grounds mentioned above), the doctrines remain unchanged. Section 3, Article IX-C of the
Thus, a remand of those petitions is unnecessary, considering that the acts of the Constitution.
COMELEC pertaining to their petitions are upheld. The ponencia even admits that
COMELEC did not commit grave abuse of discretion in following prevailing
jurisprudence in disqualifying petitioners. It bears stressing that COMELEC Resolution No. 9513 does not violate Section 3,
Article IX-C of the Constitution which requires a prior motion for reconsideration before
the COMELEC can decide election cases en banc. To recall, the Resolution allows the
Consequently, the remand should only pertain to those party-list groups whose COMELEC en banc, without a motion for reconsideration, to conduct (1) an automatic
registration was cancelled on the basis of applying the standard of "marginalized and review of a decision of a COMELEC division granting a petition for registration of a
underrepresented" and the qualification of nominees wherein the "new parameters" party-list group or organization; and (2) a summary evidentiary hearing for those already
apply. If other grounds were used by COMELEC other than those with "new accredited and which have manifested their intent to participate in the 2013 national and
parameters," say, for example, failure to prove track record, a remand would be local elections for the purpose of determining their continuing compliance with the
uncalled for because the doctrine pertaining to the other grounds remain unchanged. requirements of RA No. 7941 and the Ang Bagong Bayani 29 guidelines.

Despite the new doctrine set forth in the ponencia, at the very least, only nine (9) Section 3 only applies when the COMELEC is exercising its quasi-judicial powers which
petitions should be ordered remanded to the COMELEC. In these nine (9) petitions, the can be found in Section 2 (2) of the same article. However, since the conduct of
COMELEC cancelled the registration of the party-list groups solely on the ground that automatic review and summary evidentiary hearing is an exercise of COMELEC's
their nominees are disqualified. In making such a pronouncement, the COMELEC administrative powers under Section 2 (5), the prior motion for reconsideration in
merely used as yardstick whether the nominees actually belong to the marginalized and Section 3 is not required.
underrepresented, and not whether they could qualify as advocates, and for this reason,
I recommend that the following cases be REMANDED to the COMELEC. These are:
It is in this light that I would like to further elucidate why the power under Section 2 (5) is
not quasi-judicial but administrative in nature in order to help clarify the true distinction
1.Alliance for Rural and Agrarian Reconstruction, Inc. (ARARO) between the two. In a number of cases, this Court has had the opportunity to distinguish
quasi-judicial from administrative power. Thus, in Limkaichong v. COMELEC, 30 we
2.Agapay ng Indigenous Peoples Rights Alliance, Inc. (A-IPRA) held that: EDaHAT

3.Aangat Tayo (AT) The term "administrative" connotes or pertains to "administration,


especially management, as by managing or conducting, directing
4.A Blessed Party-List (a.k.a. Blessed Federation of Farmers and or superintending, the execution, application, or conduct of
Fishermen International, Inc.) [A BLESSED] persons or things." It does not entail an opportunity to be
heard, the production and weighing of evidence, and a
decision or resolution thereon. This is to be distinguished from
5.Action League of Indigenous Masses (ALIM) "quasi-judicial function", a term which applies, among others, to
the action or discretion of public administrative officers or bodies,
6.Butil Farmers Party (BUTIL) who are required to investigate facts, or ascertain the
existence of facts, hold hearings, and draw conclusions
from them, as a basis for their official action and to exercise
7.Adhikain at Kilusan ng Ordinaryong Tao Para sa Lupa, Pabahay,
Hanapbuhay at Kaunlaran (AKO BAHAY) discretion of a judicial nature. [emphasis supplied]

8.Akbay Kalusugan, Inc. (AKIN)


However, there are administrative proceedings, such as a preliminary investigation While the exercise of quasi-judicial and administrative power may both involve an
before the public prosecutor, that also entail the "opportunity to be heard, the production opportunity to be heard, the production and weighing of evidence, and a decision or
and weighing of evidence, and a decision or resolution thereon," but are not considered resolution thereon, the distinction I believe is that the exercise of the former has for its
quasi-judicial in the proper sense of the term. As held in Bautista v. CA: 31 purpose the adjudication of rights with finality. 32 This makes it akin to judicial power
which has for its purpose, among others, the settlement of actual controversies
Petitioner submits that a prosecutor conducting a preliminary involving rights which are legally demandable and enforceable. 33
investigation performs a quasi-judicial function, citing Cojuangco
v. PCGG, Koh v. Court of Appeals, Andaya v. Provincial Fiscal of Another way to dispose of the issue of the necessity of a prior motion for
Surigao del Norte and Crespo v. Mogul. In these cases this reconsideration is to look at it through the lens of an election case. The phrase "all such
Court held that the power to conduct preliminary election cases" in Section 3 has been read in relation to Section 2 (2) of Article IX-C,
investigation is quasi-judicial in nature. But this statement viz.:
holds true only in the sense that, like quasi-judicial bodies,
the prosecutor is an office in the executive department What is included in the phrase "all such election cases" may be
exercising powers akin to those of a court. Here is where the seen in Section 2(2) of Article IX(C) of the Constitution which
similarity ends. states:

A closer scrutiny will show that preliminary investigation is Section 2.The Commission on Elections shall exercise the
very different from other quasi-judicial proceedings. A quasi- following powers and functions:
judicial body has been defined as "an organ of government other
than a court and other than a legislature which affects the rights
of private parties through either adjudication or rule-making." xxx xxx xxx

xxx xxx xxx (2)Exercise exclusive original jurisdiction over all contests
relating to the elections, returns, and qualifications of all
elective regional, provincial, and city officials, and
On the other hand, the prosecutor in a preliminary appellate jurisdiction over all contests involving elective
investigation does not determine the guilt or innocence of municipal of officials decided by trial courts of general
the accused. He does not exercise adjudication nor rule- jurisdiction, or involving elective barangay officials decided
making functions. Preliminary investigation is merely by trial courts of limited jurisdiction. 34
inquisitorial, and is often the only means of discovering the
persons who may be reasonably charged with a crime and to
enable the fiscal to prepare his complaint or information. It As to the nature of "contests," the Court has already defined it under the penumbra of
is not a trial of the case on the merits and has no purpose election as follows: SDHAEC
except that of determining whether a crime has been
committed and whether there is probable cause to believe Ordinary usage would characterize a "contest" in reference to
that the accused is guilty thereof. While the fiscal makes that a post-election scenario. Election contests consist of either an
determination, he cannot be said to be acting as a quasi- election protest or a quo warranto which, although two distinct
court, for it is the courts, ultimately, that pass judgment on remedies, would have one objective in view, i.e., to dislodge the
the accused, not the fiscal. winning candidate from office.

Hence, the Office of the Prosecutor is not a quasi-judicial body; xxx xxx xxx
necessarily, its decisions approving the filing of a criminal
complaint are not appealable to the Court of Appeals under Rule The rules categorically speak of the jurisdiction of the tribunal over
43. Since the ORSP has the power to resolve appeals with contests relating to the election, returns and qualifications of the
finality only where the penalty prescribed for the offense does not "President" or "Vice-President", of the Philippines, and not of
exceed prision correccional, regardless of the imposable fine, the "candidates" for President or Vice-President. A quo warranto
only remedy of petitioner, in the absence of grave abuse of proceeding is generally defined as being an action against a person
discretion, is to present her defense in the trial of the case. who usurps, intrudes into, or unlawfully holds or exercises a public
(emphasis supplied) aDHScI office. In such context, the election contest can only
contemplate a post-election scenario. In Rule 14, only a
registered candidate who would have received either the
second or third highest number of votes could file an election A.The suspension of Rule 64; the existence of jurisdictional error
protest. This rule again presupposes a post-election scenario. that warrants reviewing COMELEC's action

It is fair to conclude that the jurisdiction of the Supreme Court, B.COMELEC's power to register and to cancel registration of a
defined by Section 4, paragraph 7, of the 1987 Constitution, would party-list group is an exercise of its administrative powers
not include cases directly brought before it, questioning the
qualifications of a candidate for the presidency or vice- IV.Discussion: Merits of the Consolidated Petitions
presidency before the elections are held. (Emphasis supplied) 35
A.The Constitutional Provisions on the Party-list System
In Panlilio v. Commission on Elections, 36 it was also held that the primary purpose of
an election case is the ascertainment of the real candidate elected by the electorate.
Thus, there must first be an election before there can be an election case. Since the a.The Constitutional Text
national and local elections are still to be held on 13 May 2013, the conduct of
automatic review and summary evidentiary hearing under the Resolution No. 9513 b.Constitutional text summarized
cannot be an election case. For this reason, a prior motion for reconsideration under
Section 3 is not required. c.Purpose Behind the Party-list Innovation aDcHIS

In view of the foregoing, I vote to REMAND only the following cases: ARARO, A-IPRA, B.RA No. 7941, the Party-List System Act
AT, A BLESSED, ALIM, BUTIL, AKO BAHAY, AKIN, and 1-UTAK. The Petitions of all
the other Petitioners should be dismissed.
C.Jurisprudential Developments
BRION, J., concurring:
a.Ang Bagong Bayani
I submit this SEPARATE OPINION to reflect my views on the various questions
submitted to the Court through consolidated petitions before us. b.Banat

For ease of presentation and understanding, this Separate Opinion is laid out under the D.The Party-list System of elections under the constitution and RA
following structure: IHaSED 7941: Revisiting Ang Bagong Bayani and its errors

I.The Case and the Issues a.The Aim or Objective of the Party-List System
II.Summary of Positions: Substantive Aspect of the Petitions
a.1.From the Constitutional Perspective
A.On reliance on Ang Bagong Bayani and its Guidelines.
a.2.From the statutory perspective
1.Points of Disagreement with Ang Bagong Bayani
b.Party participation under the party-list system
2.Effects on the Components of the Party-list System
b.1.Impact on political parties
B.Nominees
c.The parties and their nominees
C.On the observation of the Chief Justice
c.1.Refusal or cancellation of registration due to
nominee problems
D.Grave abuse of discretion and Conclusion
c.2.party nominee relationship
III.Preliminary Matters
E.Chief Justice Sereno's Reflections
F.The Eleven-Point Parameters for COMELEC Action Based on these cited grounds, the issues for the Court's consideration may be
condensed as follows:
I.A The Cases
1.Whether the COMELEC En Banc may automatically review the
The Court resolves fifty-three (53) consolidated petitions for certiorari/prohibition filed decision of the COMELEC Division without the requisite
under Rule 64 of the Rules of Court by various party-list groups and organizations. They filing of a motion for reconsideration under the COMELEC
commonly assail the COMELEC's resolutions, either cancelling their existing Rules of Procedure; and
registrations and accreditations, or denying their new petitions for party-list registration.
AcIaST 2.Whether the COMELEC gravely abused its discretion in denying
or cancelling the registration/accreditation of the
Of the 53 petitions, thirteen (13) were instituted by new party-list applicants under petitioners, mainly relying on the eight point guidelines laid
Republic Act (RA) No. 7941 and COMELEC Resolution No. 9366 (dated February 21, down by the Court in Ang Bagong Bayani-OFW Labor
2012). These petitions were denied by the COMELEC En Banc upon its review of the Party v. Commission on Elections.
COMELEC Division's resolutions.
II. SUMMARY OF POSITIONS
The other forty (40) petitions were similarly brought by previously registered and THE SUBSTANTIVE ASPECT OF THE PETITIONS
accredited party-list organizations whose registrations/accreditations have been
cancelled. These petitioners participated in previous elections and cannot participate in II.A.On reliance on Ang Bagong
the May 2013 election if the cancellation of their registration/accreditation would stand. Bayani and its Guidelines.

The consolidated petitions, uniformly citing grave abuse of discretion on the part of Ang Bagong Bayani-OFW Labor Party v. COMELEC's 1 intrinsically flawed
the COMELEC and the disregard of the relevant provisions of the Constitution and interpretation of the relevant constitutional and statutory provisions is the main source
RA No. 7941, variously questioned of the present controversy. Its constricted interpretation of the statutory phrase
"marginalized and underrepresented" has invited more questions than answers that the
a.the COMELEC En Banc's authority under COMELEC Resolution framers of the 1987 Constitution in fact sought to avoid.
No. 9513 to conduct an automatic review of its Division's
rulings despite the absence of motions for reconsideration, II.A.1. Points of Disagreement with Ang Bagong
in disregard of Rule 19 of the COMELEC Rules of Bayani.
Procedure;
I take the position that it is time to re-visit this oft-cited ruling before the party-list
b.with respect to the cancellation of previous system is further led astray.
registration/accreditation of party-list groups or
organizations, the denial of due process and the violation First, the party-list system came into being, principally driven by the constitutional
of the principle of res adjudicata; further, the COMELEC's framers' intent to reform the then prevailing electoral system by giving marginal and
cancellation of their existing registration/accreditation is underrepresented parties (i.e., those who cannot win in the legislative district elections
claimed to be an exercise of its quasi-judicial powers that and in this sense are marginalized and may lack the constituency to elect themselves
the COMELEC Division, not the COMELEC En Banc, can there, but who nationally may generate votes equivalent to what a winner in the
exercise at the first instance; legislative district election would garner) the chance to participate in the electoral
exercise and to elect themselves to the House of Representatives through a system
c.the COMELEC En Banc's appreciation of facts and its application other than the legislative district elections. HTScEI
of the guidelines of Ang Bagong Bayani, which either
addressed defects or deficiencies on the part of the parties Ang Bagong Bayani glossed over the constitutional text and made a slanted reading
or of their nominees and which resulted in the refusal or of the intent of the framers of the Constitution. By these means, it erroneously
cancellation of registration/accreditation. cEaDTA concluded that the party-list system is primarily intended as a social justice tool, and
was not principally driven by intent to reform electoral system. Thus, under its First
I.B. The Issues Guideline, Ang Bagong Bayani solely viewed the party-list system from the prism
of social justice, and not from the prism of electoral reform as the framers of the
Constitution originally intended.
Second. In the constitutional deliberations, the proponents of the electoral reform Major political parties, if they participate in the legislative district
concept were opposed by those who wanted a party-list system open only to sectoral elections, cannot participate in the party-list elections, nor
representation, particularly to sectoral groups with social justice orientation. can they form a coalition with party-list parties and run as
a coalition in the party-list elections.
The oppositors were defeated, but the proponents nevertheless opened the system to
sectoral representation and in fact gave the social justice groups a head-start by A coalition is a formal party participant in the party-list system; what
providing for their representation through selection in the first three elections. the party-list system forbids directly (i.e., participation in
both electoral arenas), the major political parties cannot do
In the resulting approved wording, the Constitution made a textual commitment to open indirectly through a coalition. No prohibition, however,
the party-list system to registered national, regional and sectoral parties or exists against informal alliances that they can form with
organizations. The Article on the Commission on Election also pointedly provided that party-list parties, organizations or groups running for the
there shall be a "free and open party system," and votes for parties, organizations party-list elections. The party-list component of these
or coalitions shall only be recognized in the party-list system. informal alliances is not prohibited from running in the
party-list elections.
II.A.2. Effects on the Components of the Party-list
System b)For sectoral parties and organizations, they must belong to the
sectors enumerated in Section 5 (2), Article VI of the 1987
Constitution and Section 5 of RA No. 7941 that are mainly
Ang Bagong Bayani admits that even political parties may run in the party-list elections based on social justice characteristics; or must have
but maintains under its Second Guideline that they must qualify as marginal and interests, concerns or characteristics specific to their
underrepresented as this phrase is understood in the social justice context. This sectors although they do not require or need to identify
is totally incorrect. with any social justice characteristic. In either case, they
are subject to the "marginalized and under-represented"
Based on the reasons discussed above and further expounded below, even major and the "constituency" requirements of the law through a
political parties can participate in party-list elections because the party-list system is showing, supported by evidence, that they belong to a
open to all registered political, national, regional, sectoral organizations and parties, sector that is actually characterized as marginal and
subject only to the limitations imposed by the Constitution and by law. Further, both under-represented.
political and sectoral parties have equal roles and participation in the party-list system;
again, they are subject to the same limitations imposed by law (the Constitution and RA These parties and organizations are additionally subject to the
No. 7941) and are separately burdened only by the limitations intrinsic to their general overriding requirement of electoral
respective natures. To summarize: TaIHEA marginalization and under-representation and the
constituency requirements of the law, but there is no
a)For political parties (whether national or regional): to be reason why compliance with these requirements cannot
classified as political parties, they must advocate an be presumed if they are not participants in any legislative
ideology or platform, principles and policies, for the district elections. ACETIa
general conduct of government. The application of the
further requirement under RA No. 7941 (that as the most c)Compliance with COMELEC Rules. To justify their existence, all
immediate means of securing the adoption of their party-list groups must comply with the requirements of
principles of governance, they must regularly nominate law, their own internal rules on membership, and with the
and support their leaders and members as candidates for COMELEC's Rules of Procedure. They must submit to the
public office) shall depend on the particular circumstances Commission on Elections (COMELEC) their constitution,
of the party. by-laws, platform or program of government, list of
officers, coalition agreement and other relevant
The marginal and under-representation in the electoral sense (i.e., information as the COMELEC may require. 2
in the legislative district elections) and lack of constituency
requirements fully apply, but there is no reason not to To sum up these Ang Bagong Bayani objections, the party-list system as principally
presume compliance with these requirements if political espoused by Commissioner Christian Monsod and duly approved by the
parties are not participants in any legislative district Commission's vote maintained its electoral reform objectives while significantly
elections. contributing to the social justice thrust of the Constitution.
It is not correct to say, as the Chief Justice did in her Reflections, that this the law expressly provide. The framers of the Constitution and Congress (through RA
Separate Opinion is not "appropriately sensitive to the context from which it [the 1987 No. 7941 in this case) provided the policy expressed through the words of the
Constitution] arose." I recognize the social justice content of the party-list provisions in Constitution and the law, and through the intents the framers; both were considered and
the Constitution and the law; I simply cannot give these provisions the primacy that cited to ensure that the constitutional policy is properly read and understood. The whole
both the framers of the Constitution and Congress did not see fit to accord. Judiciary, including this Court, can only apply these policies in the course of their
assigned task of adjudication without adding anything of our own; we can interpret the
B.On Nominees words only in case of ambiguity. HSEcTC

Third. Considering the Constitution's solicitous concern for the marginalized and under- This Court and its Members cannot likewise act as advocates, even for social
represented sectors as understood in the social justice context, and RA 7941's justice or for any ideology for that matter, as advocacy is not the task assigned to
requirement of mere bona fide membership of a nominee in the party-list group, a us by the Constitution. To play the role of advocates, or to formulate policies that fall
nominee who does not actually possess the marginalized and underrepresented within the role of the Legislative Branch of government, would be a violation of our
status represented by the party-list group but proves to be a genuine advocate of sworn duty.
the interest and concern of the marginalized and underrepresented sector
represented is still qualified to be a nominee. D.Grave Abuse of Discretion and Conclusion

This classification of nominees, however, is relevant only to sectoral parties and As agreed upon by the Majority during the deliberations of this case, the Court
organizations which are marginalized and underrepresented in the social justice sense suspended the Rules of Court in considering the Rule 64 petitions before us in light of
or in terms of their special interests, concerns or characteristics. To be consistent with the clear and patent violation of the Constitution that the Majority unanimously found.
the sectoral representation envisioned by the framers, a majority of the members of
the party must actually belong to the sector represented, while nominees must be a Thus, without an explicit ruling on the grave abuse of discretion in this case, I vote to
member of the sectoral party or organization. ETDHSa VACATE the ruling of the COMELEC pursuant to the suspended rules in light of our
finding of patent violation of the Constitution after revisiting and overturning the Ang
Since political parties are identified by their ideology or platform of government, bona Bagong Bayani ruling.
fide membership, in accordance with the political party's constitution and by-laws,
would suffice. Having said these, however, I reflect for the record my view that a grave abuse of
discretion exists.
In both political or sectoral party or group, party membership is the most tangible link
of the nominees to their respective parties and to the party-list system. Undeniably, all the parties to these consolidated cases namely, the petitioners and
the COMELEC relied upon and were all guided by the Ang Bagong Bayani ruling.
Subject to the above, the disqualification of the nominee does not necessarily mean However, my re-examination of Ang Bagong Bayani and its standards, in light of what
the disqualification of the party since all the grounds for cancellation or refusal of the text and intents of the Constitution and RA No. 7491 provide, yield a result different
registration pertain to the party itself. from what Ang Bagong Bayani reached. HIEASa

I make the qualification that the law's 3 requirement of the submission of a list As will be discussed extensively in this Separate Opinion, wrong considerations were
containing at least five (qualified) nominees is mandatory, and a party's inexcusable used in ruling on the consolidated petitions, resulting in gross misinterpretation and
failure to comply with this requirement warrants the refusal or cancellation of its misapplication of the Constitution. This is grave abuse of discretion that taints a
registration under Section 6 of RA 7941. decision maker's action, 4 infinitely made worse in this case because the Constitution
itself is involved.
C.On the Observations of
the Chief Justice An added basis for a finding of grave abuse of discretion pertains specifically to the
COMELEC's refusal or cancellation of registration of the party-list group based, solely or
As my fourth and final point, the "textualist" approach that the Chief Justice objects to, partly, on the disqualification of the nominee. As discussed below, this action and any
has been driven, and is fully justified, by the above reading of the Constitution and the refusal or cancellation of registration is completely devoid of basis in fact and in
law. law and in this sense constitutes grave abuse of discretion.

As a basic constitutional point, the business and principal function of this Court (and In these lights, I vote for the REMAND of ALL the petitions to the COMELEC in
of the whole Judiciary) is not to create policy or to supplant what the Constitution and accordance with the terms of this Separate Opinion. AcHaTE
III. PRELIMINARY MATTERS For the Court, action under these circumstances is a must; no ifs or buts can be allowed
to be heard about its right and duty to act.
A.The existence of jurisdictional
error that warrants reviewing
COMELEC's action It should be considered, too, that in the adjudication of a case with constitutional
dimensions, it is the letter and the spirit of the Constitution itself that reign supreme. The
Court's previous ruling on a matter serves as a guide in the resolution of a similar matter
Whether acting in the exercise of its purely administrative power, on one hand, or quasi-
in the future, but this prior ruling cannot inflexibly bind the Court in its future actions. As
judicial powers, on the other hand, the judicial remedy available to an aggrieved party is
the highest Court in our judicial hierarchy, the Court cannot tie its hands through its past
the remedy of certiorari under Rule 64, in relation with Rule 65. Court action under this
actions, particularly when the Constitution is involved; it is invested with the innate
rule is rendered necessary by the reality that, by law, the COMELEC en banc decision
authority to rule according to what it sees best in its role as guardian of the Constitution.
is final and executory and should stand unless nullified by this Court through a writ of
6 cDIaAS
certiorari.

Additionally, be it remembered that the rulings of this Court are not written in stone and
For the writ of certiorari to issue, the Rules of Court expressly require that the tribunal
do not remain un-erased and applicable for all times under all circumstances. The
must have acted without or in excess of its jurisdiction, or with grave abuse of discretion
Supreme Court's review of its rulings is in a sense a continuing one as these are made
amounting to lack or excess of jurisdiction. The requisite grave abuse of discretion is in
and refined in the cases before the Court, taking into account what it has said on the
keeping with the office of the writ of certiorari; its function is to keep the tribunal within
similar points in the past. This is the principle of stare decisis that fosters the stability of
the bounds of its jurisdiction under the Constitution and law.
rulings and decisions. This principle, however, is not an absolute one that applies even
if an incisive examination shows that a past ruling is inaccurate and is far from a faithful
The term grave abuse of discretion, while it defies exact definition, generally refers to interpretation of the Constitution, or in fact involves a constitutional violation. In this
capricious or whimsical exercise of judgment that is equivalent to lack of jurisdiction; the excluded circumstance, both the rule of reason and the commands of the Constitution
abuse of discretion must be patent and gross as to amount to an evasion of a positive itself require that the past ruling be modified and, if need be, overturned. 7 Indeed, if the
duty or a virtual refusal to perform a duty enjoined by law, or to act at all in act done is contrary to the Constitution, then the existence of grave abuse of discretion
contemplation of law, as where the power is exercised in an arbitrary and despotic cannot be doubted. 8
manner by reason of passion and hostility. 5
As will be discussed extensively in this Separate Opinion, the Ang Bagong Bayani ruling
Arguably under the above standards, it may be claimed that since the COMELEC does not rest on firm constitutional and legal grounds; its slanted reading of the text of
merely complied with the prevailing jurisprudence (in particular. with the Court's the constitution and its myopic view of constitutional intent led it to a grave error never
pronouncement in Ang Bagong Bayani v. COMELEC and Banat v. COMELEC), then it envisioned by the framers of our constitution.
could not have acted without or in excess of its jurisdiction, much less with grave abuse
of discretion. Besides, the writ of certiorari only lies when the respondent is exercising
By ordering the remand of all the petitions to the COMELEC and for the latter to act in
judicial or quasi-judicial functions, which is not so in the present case. CITDES
accordance with the new ruling laid down by the Court i.e., allowing political parties
to participate in the party-list elections without need of proving that they are
This rationalization, however, is only superficially sound as the gross misinterpretation "marginalized and under-represented" (as this term is understood in Ang Bagong
and misapplication of the Constitution cannot be allowed by this Court in its role and Bayani), and in recognizing that a genuine advocate of a sectoral party or organization
duty as guardian of the Constitution. Where a misinterpretation or misapplication of the may be validly included in the list of nominees the Court would not be violating the
Constitution occurs, the result is a constitutional violation that this Court cannot be principle of prospectivity. 9
prevented from addressing through the exercise of its powers through the available
medium of review under the Rules of Court. To hold otherwise is to countenance a
The rationale behind the principle of prospectivity both in the application of law and of
violation of the Constitution a lapse that cannot and should not happen under our
judicial decisions enunciating new doctrines is the protection of vested rights and the
legal system.
obligation of contracts. When a new ruling overrules a prior ruling, the prospective
application of the new ruling is made in favor of parties who have relied in good faith on
Otherwise stated, if the Court were to sustain the view that the mere application of a the prior ruling under the familiar rule of lex prospicit, non respicit. CTHDcE
prevailing rule or doctrine negates a finding of grave abuse of discretion, in spite of a
glaring error in the doctrine's interpretation of the Constitution, then the Court
Obviously, the force of this rationale finds no application in this case, for, a ruling
would have no chance to correct the error, except by laying down a new doctrine that
overturning Ang Bagong Bayani broadens the base of participation in the party-
would operate prospectively but at the same time dismissing the petition for failure to
list system of election based on the text and intent of the Constitution. Thus, no one
show grave abuse of discretion. To be sure, this is a course of action the Court cannot
can claim that the application of this ruling in the upcoming 2013 election would operate
take if it were to faithfully discharge its solemn duty to hold the Constitution inviolate.
to the prejudice of parties who relied on the Ang Bagong Bayani ruling; the marginalized
and under-represented sectors (as the term in understood in Ang Bagong Bayani)
continue to be eligible to participate in the party-list elections, subject to the Additionally, the inapplicability of the principle of res judicata in these registration
determination of parties' individual circumstances by the COMELEC. proceedings necessarily weakens any claim that adjudication, done in the exercise of
quasi-judicial functions, is involved. Each election period is sui generis a class in
B.COMELEC power to register itself, and any registration or accreditation by a party-list group is only for the purpose of
and to cancel registration of a the coming election; it does not grant any registered party-list group any mantle of
party-list group is an exercise of immunity from the COMELEC's power of review as an incident of its power to register.
its administrative powers To hold otherwise would emasculate the COMELEC as an independent constitutional
commission, and weaken the crucial role it plays in our republican democracy.
The COMELEC En Banc's authority under COMELEC Resolution No. 9513 i.e., to
conduct summary hearings for the purpose of determining the registered parties' IV. DISCUSSION: MERITS OF THE PETITIONS
continuing compliance with the law and the regulations and to review the COMELEC
Division's ruling granting a petition for registration is appropriately an exercise of the I take the firm position that this Court should now revisit its ruling in Ang Bagong
COMELEC's administrative power rather than its quasi-judicial power. In the exercise Bayani before our party-list system drifts any farther from the text and spirit of the
of this authority, the COMELEC may automatically review the decision of its Divisions, constitutional and statutory commands. HEScID
without need for a motion to reconsider the grant of a petition for registration; it may also
conduct summary hearings when previously registered party-list groups file their These Discussions shall dwell on the reasons supporting this approach and my
manifestation of intent to participate in the coming elections. conclusions.

The case of Santiago, Jr., etc. v. Bautista, et al. 10 already provides us ample guidance A.The Constitutional Provisions
and insights into what distinguishes administrative and quasi-judicial powers from one on the Party-list System
another. On the issue of whether the remedy of certiorari (which can only be invoked
when the respondent exercises judicial or quasi-judicial functions) would lie against a
public school committee whose function was to determine the ranking of selected honor a.The Constitutional Text.
students for its graduating class, the Court gave a negative answer and said: ScHADI
The only constitutional provisions directly dealing with the party-list system of election
From the [foregoing], it will be gleaned that before a tribunal, are Section 5 (1) and (2) of Article VI, and Sections 2, 6 and 7, Article IX-C of the
board, or officer may exercise judicial or quasi judicial acts, it is 1987 Constitution.
necessary that there be a law that gives rise to some specific
rights of persons or property under which adverse claims to The cited Article VI section reads:
such rights are made, and the controversy ensuing therefrom is
brought, in turn, before the tribunal, board or officer clothed with Section 5.(1) The House of Representatives shall be composed of
power and authority to determine what that law is and thereupon not more than two hundred and fifty members, unless otherwise
adjudicate the respective rights of the contending parties. As
fixed by law, who shall be elected from legislative districts
pointed out by appellees, however, there is nothing on record apportioned among the provinces, cities, and the Metropolitan
about any rule of law that provides that when teachers sit down Manila area in accordance with the number of their respective
to assess the individual merits of their pupils for purposes of inhabitants, and on the basis of a uniform and progressive ratio,
rating them for honors, such function involves the determination and those who, as provided by law, shall be elected through a
of what the law is and that they are therefore automatically party-list system of registered national, regional, and sectoral
vested with judicial or quasi judicial functions. 11 (citation parties or organizations.
omitted; emphases ours)

(2)The party-list representatives shall constitute twenty per centum


In the present case, no pretense at all is claimed or made that a petition for registration of the total number of representatives including those under the
or the determination of a registered party's continuing compliance with existing laws, party list. For three consecutive terms after the ratification of this
rules and jurisprudence entails the assertion of a right or the presence of a conflict of Constitution, one-half of the seats allocated to party-list
rights. In a registration or compliance proceeding, an applicant simply attempts to prove representatives shall be filled, as provided by law, by selection or
its possession or continued possession of the requisite qualifications for the purpose of election from the labor, peasant, urban poor, indigenous cultural
availing the privilege of participating in an electoral exercise. Thus, no real adjudication communities, women, youth, and such other sectors as may be
entailing the exercise of quasi-judicial powers actually takes place. provided by law, except the religious sector. [emphasis,
underscores and italics ours] EHcaDT
Article IX-C of the 1987 Constitution, on the other hand, is the article on the COMELEC, component groupings in the party-list system; they must
and the cited sections quoted below are its provisions related to the party-list system. all register with the COMELEC to be able to participate.

Section 2.The Commission on Elections shall exercise the following 4.To be voted under the party-list system are the component
powers and functions: political parties, organizations and coalitions, in
contrast with the individual candidates voted upon in
xxx xxx xxx legislative district elections.

(5)Register, after sufficient publication, political parties, 5.The party-list representatives shall constitute twenty per centum
organizations, or coalitions which, in addition to other of the total number of representatives, including those
requirements, must present their platform or program of in the party-list.
government; and accredit citizens' arms of the
Commission on Elections. . . . 6.For three consecutive terms after the ratification of the
Constitution, one-half of the seats allocated to party-list
xxx xxx xxx representatives shall be filled as provided by law, by
selection or election from the labor, peasant, urban poor,
indigenous cultural minorities, women, youth, and such
Section 6.A free and open party system shall be allowed to other sectors as may be provided by law, except the
evolve according to the free choice of the people, subject to the religious sector.
provisions of this Article.
7.The Constitution allows a free and open party system that shall
Section 7.No votes cast in favor of a political party, evolve according to the free choice of the people, within
organization, or coalition shall be valid, except for those the limits of the Constitution.
registered under the party-list system as provided in this
Constitution. [emphases and italics ours]
c.Purpose Behind the Party-list Innovation

These provisions are specifically mentioned and shall be cited throughout this
Separate Opinion as they are the essential take-off points in considering, Unmistakably, the quoted constitutional texts are both terse and general in their terms.
appreciating and implementing the party-list system. However, they are not, in fact, as bare as they would seem, as the words used carry
meanings and intents 12 expressed during the deliberations and the voting that took
place to determine what the Constitution would exactly provide. 13
b.The Constitutional Text Summarized
Basic in understanding the constitutional text is the intent that led to the
Paraphrased and summarized, the terms of the Constitution relating to the party-list modification of the system of legislative district elections that the country has used even
system essentially provide that: before the 1935 Constitution.

1.The House of Representatives shall be composed of members The traditional system, incidentally, is the legislative district system that remains
elected from legislative districts, and those who are described in the Constitution as election by district "apportioned among the provinces,
elected through a party-list system. ICAcaH cities and the Metropolitan Manila area in accordance with the number of their
respective inhabitants and on the basis of a uniform and progressive ratio." 14 AIcaDC
2.The members of the House of Representatives under the
party-list system are those who are elected, as The proponent, Commissioner Christian Monsod, described the new party-list system
provided by law, thus, plainly leaving the mechanics of in terms of its purpose, as follows: 15
the system to future legislation.
The purpose of this is to open the system. In the past elections,
3.The members under the system shall be elected through we found out that there were certain groups or parties that, if we
registered national, regional, sectoral parties and count their votes nationwide, have about 1,000,000 or 1,500,000
organizations, thus, textually identifying the recognized votes. But they were always third place or fourth place in each of
the districts. So, they have no voice in the Assembly. But this way,
they would have five or six representatives in the Assembly g.the proclamation of the winning party-list representatives,
even if they would not win individually in legislative districts. their term of office; the limitation on their change of
So, that is essentially the mechanics, the purpose and affiliation; their rights; and the provisions in case of
objectives of the party list system. [italics, emphases and vacancy.
underscores ours]
Reflecting the constitutional intents, the law defined the party-list system as:
These same purpose and objective were reiterated in the Commissioner's
subsequent statement when he said a mechanism of proportional representation in the election of
representatives to the House of Representatives from national,
The whole purpose of the system is precisely to give room for regional and sectoral parties or organizations or coalitions
those who have a national constituency who may never be able thereof registered with the Commission on Elections
to win a seat on a legislative district basis. But they must have a (COMELEC). Component parties or organizations of a coalition
constituency of at least 400,000 in order to claim a voice in the may participate independently provided the coalition of which
National Assembly. 16 they form part does not participate in the party-list system. 17
(emphases and italics ours)
thus, leaving no doubt on what the party-list system conceptually is and why it
was established. and clarified the State's policy, objectives and means, as follows:

B.RA No. 7941, the Party-List System Act a.the promotion of proportional representation in the election of representatives to
the House of Representatives through a party-list system of registered national, regional
Following the ratification of the 1987 Constitution, President Corazon Aquino appointed and sectoral parties or organizations or coalitions thereof;
representatives of the sectors mentioned in the Constitution, namely: labor, peasant,
urban poor, indigenous cultural minorities, women, and youth, who acted as the party- b.with the aim of enabling Filipino citizens belonging to marginalized and under-
list representatives for the first three (3) elections under this Constitution. represented sectors, organizations and parties, and who lack well-defined political
constituencies but who could contribute to the formulation and enactment of
In March 1995, Congress enacted RA No. 7941, the Party-List System Act, as the law appropriate legislation that will benefit the nation as a whole, to become members
that would implement the party-list election scheduled for May 1998. The law at the of the House of Representatives; and
same time fleshed out the mechanics for party-list elections, in accordance with the
terms of the Constitution. The law specifically provided for: SHECcT c.for the development and guarantee of a full, free and open party system in order to
attain the broadest possible representation of party, sectoral or group interests in the
a.a declaration of the policy behind the law; House of Representatives by enhancing their chances to compete for and win seats in
the legislature under the simplest scheme possible. 18 IaSCTE
b.a definition of terms, specifically defining the terms national,
political, regional, and sectoral parties, and their RA No. 7941 likewise succinctly defined the component groupings recognized by
coalitions; law in the party-list system, as follows:

c.the requisites and terms for registration; the grounds for refusal (b)A party means either a political party or a sectoral party or a
and cancellation of registration; and the certified list of coalition of parties.
registered parties;
(c)A political party refers to an organized group of citizens
d.the nomination and qualification for party-list representatives; 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
e.the manner of voting; certain of its leaders and members as candidates for public office.

f.the number and procedure for the allocation of party-list It is a national party when its constituency is spread over the
representatives; and 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 First, the political party, sector, organization or coalition must
provinces comprising the region. represent the marginalized and underrepresented groups
identified in Section 5 of RA 7941. In other words, it must show
(d) A sectoral party refers to an organized group of citizens through its constitution, articles of incorporation, bylaws, history,
belonging to any of the sectors enumerated [labor, peasant, platform of government and track record that it represents and
fisherfolk, urban poor, indigenous cultural communities, elderly, seeks to uplift marginalized and underrepresented sectors. Verily,
handicapped, women, youth, veterans, overseas workers, and majority of its membership should belong to the marginalized
professionals] whose principal advocacy pertains to the special and underrepresented. And it must demonstrate that in a conflict
interest and concerns of their sector. of interests, it has chosen or is likely to choose the interest of such
sectors.
(e) A sectoral organization refers to a group of citizens or a
coalition of groups of citizens who share similar physical attributes Second, while even major political parties are expressly allowed by
or characteristics, employment, interests or concerns. RA 7941 and the Constitution to participate in the party-list system,
they must comply with the declared statutory policy of enabling
"Filipino citizens belonging to marginalized and underrepresented
(f)A coalition refers to an aggrupation of duly registered national, sectors . . . to be elected to the House of Representatives." In other
regional, sectoral parties or organizations for political and/or words, while they are not disqualified merely on the ground that
election purposes. 19 (emphases and italics ours) they are political parties, they must show, however, that they
represent the interests of the marginalized and
Notably, the definitions carried no significant qualifications, preferences, exclusions or underrepresented. . . .
limitations by law on what the recognized party-list groupings should be, although
Section 6 of RA No. 7941 specified and defined the grounds for disqualification. xxx xxx xxx

C.Jurisprudential Developments Third, [by an] express constitutional provision[,] the religious sector
may not be represented in the party-list system. . . .
a.The Ang Bagong Bayani Case
xxx xxx xxx
In 2001, the first judicial test in the implementation of the party-list system came through
the Ang Bagong Bayani case where the petitioners sought the disqualification of the Fourth, a party or an organization must not be disqualified
private respondents, among whom were major political parties. The Court resolved, under Section 6 of RA 7941, which enumerates the grounds for
among others, the following issues: disqualification[.]

1.whether political parties may participate in party-list elections; and xxx xxx xxx

2.whether the party-list system is exclusive to "marginalized and underrepresented" Fifth, the party or organization must not be an adjunct of, or a
sectors and organizations. DTISaH project organized or an entity funded or assisted by, the
government. By the very nature of the party-list system, the party
The majority ruling held that political parties may participate in party-list elections, or organization must be a group of citizens, organized by citizens
provided that the requisite character of these parties or organizations must be and operated by citizens. It must be independent of the
consistent with the Constitution and RA No. 7941. The party-list organization or party government. . . .
must factually and truly represent the marginalized and underrepresented
constituencies, identifying them, non-exclusively, as the labor, peasant, fisherfolk, Sixth, the party must not only comply with the requirements of
urban poor, indigenous cultural communities, elderly, handicapped, women, youth, the law; its nominees must likewise do so. Section 9 of RA 7941
veterans, overseas workers, and professionals. The party-list nominees, as well, must [contains the qualifications of party-list nominees, with special age-
be Filipino citizens belonging to marginalized and underrepresented sectors, related terms for youth sector candidates].
organizations and parties.
Seventh, not only the candidate party or organization must
Based on its conclusions, the majority provided the guidelines for the party-list system, represent marginalized and underrepresented sectors; so also
summarized below: must its nominees. . . . [U]nder Section 2 of RA 7941, the
nominees must be Filipino citizens "who belong to marginalized and sectors; that is, if the nominee represents the fisherfolk, he must be a fisherfolk, if the
underrepresented sectors, organizations and parties." . . . nominee represents the senior citizens, he must be a senior citizen.

Eighth, . . . the nominee must likewise be able to contribute to the D.The Party-list System of elections under the constitution and
formulation and enactment of appropriate legislation that will benefit RA 7941: Revisiting Ang Bagong Bayani and its errors
the nation as a whole. 20 (italics and emphases ours) DAHSaT
I opened these Discussions by quoting the plain terms of the Constitution and of the law
b.BANAT Case to stress these terms for later comparison with Ang Bagong Bayani. In this manner,
Ang Bagong Bayani's slanted reading of the Constitution and the laws can be seen in
Barangay Association for National Advancement and Transparency (BANAT) v. bold relief. Its main mistake is its erroneous reading of the constitutional intent,
Commission on Elections 21 is essentially a case on the computation of the allocation of based on the statements of a constitutional commissioner that were quoted out
seats based on the party-list votes. Despite the Ang Bagong Bayani ruling, the question of context, to justify its reading of the constitutional intent. 23 Specifically, it relied
of whether the Constitution prohibits political parties from participating in the on the statements of Commissioner Villacorta, an advocate of sectoral representation,
party-list elections remained a live issue in this case. and glossed over those of Commissioner Monsod and the results of the deliberations,
as reflected in the resulting words of the Constitution. 24 Thus, its conclusion is not truly
reflective of the intent of the framers of the Constitution. This error is fatal as its
By a vote of 8-7, the Court decided to disallow major political parties from conclusion was then used to justify his interpretation of the statute, leading to a bias for
participating in the party-list elections, directly or indirectly; thus, effectively the social justice view. SaDICE
reversing the ruling in Ang Bagong Bayani that major political parties may participate in
the party-list system, provided they represent the marginalized and underrepresented
sectors. Chief Justice Reynato S. Puno cited two reasons for disallowing the a.The Aim or Objective of the Party-List System
participation of major political parties:
a.1.From the Constitutional Perspective.
1.Limiting the party-list system to the marginalized and excluding the major political
parties from participating in the election of their representatives are aligned with the The aim of the party-list provision, Section 5, Article VI of the Constitution, is
constitutional mandate to reduce social, economic and political inequalities and remove principally to reform the then existing electoral system by adding a new system of
cultural inequalities by equitably diffusing wealth and political power for the common electing the members of the House of Representatives. The innovation is a party-list
good. system that would expand opportunities for electoral participation to allow those who
could not win in the legislative district elections a fair chance to enter the House of
2.Allowing major political parties to participate in the party-list system electoral process Representatives other than through the district election system.
will suffocate the voice of the marginalized, frustrate their sovereignty, and betray the
democratic spirit of the Constitution. Otherwise stated, the aim is primarily electoral reform not to provide a social
justice mechanism that would guarantee that sectors (described in social justice
The minority view 22 took the position that neither the Constitution nor RA No. 7941 context by its constitutional deliberation proponents as "marginalized") would
prohibits major political parties from participating in the party-list system. It maintained exclusively occupy, or have reserved, seats in the House of Representatives under the
that, on the contrary, the framers of the Constitution clearly intended the major political party-list system. This is one glaring error that is evident right from the opening
parties to participate in party-list elections through their sectoral wings, and this Court statement of Ang Bagong Bayani when it described the party-list system as "a social
cannot engage in socio-political engineering and judicially legislate the exclusion of justice tool." While the party-list system can indeed serve the ends of social justice by
major political parties from party-list elections, in patent violation of the Constitution and providing the opportunity through an open, multi-party system for the social justice
the law. TIEHSA sector groups that have no chance to win in legislative district elections, the party-list
system was not established primarily for this purpose.
Moreover, the minority maintained that the Party-List System Act and the deliberations
of the Constitutional Commission state that major political parties are allowed to The best proof of this characteristic comes from the words of the Constitution itself
coalesce with sectoral organizations for electoral or political purposes. The other major which do not provide for exclusive or guaranteed representation for sectoral groups in
political parties can thus organize or affiliate with their chosen sector or sectors, the party-list system. If at all, the constitutional text only provided a guarantee of 50%
provided that their nominees belong to their respective sectors. Nor is it necessary that participation for specified sectoral groups, but the guarantee was only for the first
the party-list organization's nominee "wallow in poverty, destitution, and infirmity," as three (3) elections after the ratification of the Constitution. 25
there is no financial status or educational requirement in the law. It is enough that the
nominee of the sectoral party belongs to the marginalized and underrepresented The deliberations where the words of the Constitution were framed and adopted confirm
the primacy of electoral reform as against social justice objectives. The electoral reform
view was espoused by the author of the provision, Commissioner Monsod, and his Nor does the use of the term "marginalized and underrepresented" (understood in the
proposed amendment 26 met vigorous objections from Commissioner Eulogio Lerum narrow sectoral context) render it an absolute requirement to qualify a party, group or
and Commissioner Jaime Tadeo, who then sought to have guaranteed or reserved organization for participation in the party-list election, except for those in the sectoral
seats for the "marginalized" sectors in order to prevent their "political massacre" should groups or parties who by the nature of their parties or organizations necessarily are
the Monsod amendment be allowed. 27 TAESDH subject to this requirement. For all parties, sectors, organizations or coalition, however,
the absolute overriding requirement as justified by the principal aim of the system
When voting took place, those against reserved seats for the marginalized sector won. remains to be a party, group or organization's inability to participate in the legislative
Eventually, what was conceded to the latter was what the Constitution, as worded now, district elections with a fair chance of winning. To clearly express the logical
provides i.e., "For three consecutive terms after the ratification of this Constitution, implication of this statement, a party, group or organization already participating in the
one-half of the seats allocated to party-list representatives shall be filled, as provided legislative district elections is presumed to have assessed for itself a fair chance of
by law, by selection or election from" the enumerated sectors. winning and should no longer qualify to be a participant in the party-list elections.
CSDcTH
Indeed, if the concept of "marginalized" would be applied to the party-list system, the
term should apply to the national, regional, and sectoral parties or organizations b.Party Participation under the Party-list System
that cannot win in the traditional legislative district elections (following the
explanation of Commissioner Monsod), not necessarily to those claiming The members of the House of Representatives under the party-list system are
marginalization in the social justice context or because of their special interests or those who would be elected, as provided by law, thus, plainly leaving the mechanics
characteristics. The term, of course, can very well be applicable to the latter if they of the system to future legislation. They are likewise constitutionally identified as the
indeed cannot win on their own in the traditional legislative district elections. These registered national, regional, sectoral parties and organizations, and are the party-
aspects of the case are further discussed and explained below. list groupings to be voted under the party-list system under a free and open party
system that should be allowed to evolve according to the free choice of the people
a.2.From the Statutory Perspective. within the limits of the Constitution. 29

Even from the perspective of RA No. 7941, the policy behind the party-list system From the perspective of the law, this party structure and system would hopefully foster
innovation does not vary or depart from the basic constitutional intents. The objective proportional representation that would lead to the election to the House of
continues to be electoral reform, expressed as the promotion of proportional Representatives of Filipino citizens: (1) who belong to marginalized and
representation in the election of representatives to the House of Representatives underrepresented sectors, organizations and parties; and (2) who lack well-defined
through a party-list system of registered national, regional and sectoral parties or constituencies; but (3) who could contribute to the formulation and enactment of
organizations or coalitions, under a full, free and open party system in order to attain appropriate legislation that will benefit the nation as a whole. The key words in this
the broadest possible representation of party, sectoral or group interests in the House of policy are "proportional representation," "marginalized and underrepresented,"
Representatives. 28 and "lack of well-defined constituencies."

It should be noted that it was under RA No. 7941 that the words "marginalized and The term "marginalized and underrepresented" has been partly discussed above and
underrepresented" made their formal appearance in the party-list system. It was used in would merit further discussion below. Ang Bagong Bayani-OFW Labor Party v.
the context of defining one of the aims of the system, i.e., to enable Filipino citizens COMELEC, 30 on the other hand, defined the term "proportional representation" in this
belonging to marginalized and underrepresented sectors, organizations and manner: CIDTcH
parties, and who lack well-defined political constituencies but who could contribute to
the formulation and enactment of appropriate legislation that will benefit the nation as a [I]t refers to the representation of the "marginalized and
whole, to become members of the House of Representatives. ECSaAc underrepresented" as exemplified by the enumeration in Section
5 of the law; namely, "labor, peasant, fisherfolk, urban poor,
This entry and use of the term is admittedly an effective and formal statutory recognition indigenous cultural, communities, elderly, handicapped, women,
that accommodates the sectoral (in the special interest or concern or social justice youth, veterans, overseas workers, and professionals. 31
senses) character into the party-list system (i.e., in addition to the primary electoral
reform purpose contemplated in the Constitution), but nevertheless does not render As well, the case defined the phrase "who lack well-defined political constituency" to
sectoral groups the exclusive participants in party-list elections. As already mentioned, mean:
this conclusion is not justified by the wording, aims and intents of the party-list system
as established by the Constitution and under RA No. 9741. refers to the absence of a traditionally identifiable electoral group,
like voters of a congressional district or territorial unit of
government. Rather, it points again to those with disparate
interests identified with the "marginalized or underrepresented. We sought to avoid these problems by presenting a party
32 list system. Under the party list system, there are no
reserved seats for sectors. Let us say, laborers and farmers
Thus, in both instances, Ang Bagong Bayani harked back to the term "marginalized and can form a sectoral party or a sectoral organization that will then
underrepresented," clearly showing how, in its view, the party-list system is bound to register and present candidates of their party. How do the
this descriptive term. As discussed above, Ang Bagong Bayani's use of the term is not mechanics go? Essentially, under the party list system, every
exactly correct on the basis of the primary aim of the party-list system. This error voter has two votes, so there is no discrimination. First, he will
becomes more glaring as the case applies it to the phrases "proportional vote for the representative of his legislative district. That is one
representation" and "lack of political constituency." vote. In that same ballot, he will be asked: What party or
organization or coalition do you wish to be represented in the
Assembly? And here will be attached a list of the parties,
For clarity, Section 2 the only provision where the term "marginalized and organizations or coalitions that have been registered with the
underrepresented" appears reads in full: HaAISC COMELEC and are entitled to be put in that list. This can be a
regional party, a sectoral party, a national party, UNIDO,
Section 2.Declaration of Policy. The State shall promote Magsasaka or a regional party in Mindanao. One need not be
proportional representation in the election of representatives to a farmer to say that he wants the farmers' party to be
the House of Representatives through a party-list system of represented in the Assembly. Any citizen can vote for any party.
registered national, regional and sectoral parties or organizations or At the end of the day, the COMELEC will then tabulate the votes
coalitions thereof, which will enable Filipino citizens belonging to that had been garnered by each party or each organization
the marginalized and under-represented sectors, organizations one does not have to be a political party and register in order to
and parties, and who lack well-defined political constituencies but participate as a party and count the votes and from there
who could contribute to the formulation and enactment of derive the percentage of the votes that had been cast in favor of
appropriate legislation that will benefit the nation as a whole, to a party, organization or coalition.
become members of the House of Representatives. Towards this
end, the State shall develop and guarantee a full, free and xxx xxx xxx
open party system in order to attain the broadest possible
representation of party, sectoral or group interests in the House of
Representatives by enhancing their chances to compete for and It means that any group or party who has a constituency of,
win seats in the legislature, and shall provide the simplest scheme say, 500,000 nationwide gets a seat in the National
possible. Assembly. What is the justification for that? When we
allocate legislative districts, we are saying that any district
that has 200,000 votes gets a seat. There is no reason why a
As defined in the law, a party refers to any of the three: a political party, a sectoral group that has a national constituency, even if it is a
party, or a coalition of parties (Section 3 [b] of RA No. 7941). As distinguished from sectoral or special interest group, should not have a voice in
sectoral parties or organizations which generally advocate "interests or concerns" the National Assembly. It also means that, let us say, there are
a political party is one which advocates "an ideology or platform, principles and three or four labor groups, they all register as a party or as a
policies" of the government. In short, its identification is with or through its program of group. If each of them gets only one percent or five of them get
governance. one percent, they are not entitled to any representative. So, they
will begin to think that if they really have a common interest, they
Under the verba legisor plain terms rule of statutory interpretation 33 and the maxim ut should band together, form a coalition and get five percent of the
magis valeat quam pereat, 34 a combined reading of Section 2 and Section 3 shows vote and, therefore, have two seats in the Assembly. Those are
that the status of being "marginalized and underrepresented" is not limited merely to the dynamics of a party list system. TcEaAS
sectors, particularly to those enumerated in Section 5 of the law. The law itself
recognizes that the same status can apply as well to "political parties." We feel that this approach gets around the mechanics of sectoral
representation while at the same time making sure that those
Again, the explanation of Commissioner Monsod on the principal objective of the party- who really have a national constituency or sectoral constituency
list system comes to mind as it provides a ready and very useful answer dealing with will get a chance to have a seat in the National Assembly. These
the relationship and inter-action between sectoral representation and the party-list sectors or these groups may not have the constituency to win a
system as a whole: cACEaI seat on a legislative district basis. They may not be able to win a
seat on a district basis but surely, they will have votes on a
nationwide basis.
xxx xxx xxx In this regard, the second sentence of Section 2 of RA No. 7941 is itself notably
anchored on the "open and free party system" mandated by Article IX-C of the
BISHOP BACANI: Madam President, am I right in interpreting Constitution. For some reason, Ang Bagong Bayani never noted this part of Section 2
that when we speak now of party list system though we refer to and its significance, and is utterly silent as well on the constitutional anchor provided by
sectors, we would be referring to sectoral party list rather than Section 6, Article IX-C of the Constitution. It appears to have simply and conveniently
sectors and party list? focused on the first sentence of the Section and its constricted view of the term
"marginalized and underrepresented," while wholly fixated on a social justice
orientation. Thus, it opened its ruling, as follows:
MR. MONSOD: As a matter of fact, if this body accepts the
party list system, we do not even have to mention sectors
because the sectors would be included in the party list The party-list system is a social justice tool designed not only to
system. They can be sectoral parties within the party list give more law to the great masses of our people who have less in
system. life, but also to enable them to become veritable lawmakers
themselves, empowered to participate directly in the enactment of
laws designed to benefit them. It intends to make the marginalized
BISHOP BACANI: Thank you very much. 35 (emphases and and the underrepresented not merely passive recipients of the
underscores supplied) State's benevolence, but active participants in the mainstream of
representative democracy. 38 (emphasis supplied)
These exchanges took place on July 22, 1986. When the discussion on the party-
list system of election resumed on July 25, 1986, Commissioner Monsod proposed Reliance on the concept of social justice, to be sure, involves a motherhood statement
an amendment 36 (that substantially became Section 5 [1], Article VI of 1987 that offers little opportunity for error, yet relying on the concept solely and exclusively
Constitution) that further clarified what this innovative system is. can be misleading. To begin with, the creation of an avenue by which "sectoral parties
or organizations" can meaningfully join an electoral exercise is, in and by itself, a social
Thus, the words "marginalized" and "underrepresented" should be understood in the justice mechanism but it served other purposes that the framers of the Constitution were
electoral sense, 37 i.e., those who cannot win in the traditional district elections and addressing. Looking back, the appeal to the social justice concept to make the party-list
who, while they may have a national presence, lacked "well-defined political elections an exclusive affair of the "marginalized and underrepresented sector" (as
constituency" within a district sufficient for them to win. For emphasis, sectoral defined in Ang Bagong Bayani) proceeds from the premise that a multiparty-system is
representation of those perceived in the narrow sectoral (including social justice) sense antithetical to sectoral representation. This was effectively the argument of the
as "marginalized" in society is encapsulated within the broader multiparty (party-list proponents of the exclusive sectoral representation view in the constitutional party-list
system) envisioned by the framers. debates; to allow political parties to join a multiparty election is a pre-determination of
the sectors' political massacre. This issue, however, has been laid to rest in the
This broader multiparty (party-list system) seeks to address not only the concerns of the constitutional debates and should not now be revived and resurrected by coursing it
marginalized sector (in the narrow sectoral sense) but also the concerns of those through the Judiciary. TEAaDC
"underrepresented" (in the legislative district) as a result of the winner-take-all system
prevailing in district elections a system that ineluctably "disenfranchises" those As the constitutional debates and voting show, what the framers envisioned was a
groups or mass of people who voted for the second, third or fourth placer in the district multiparty system that already includes sectoral representation. Both sectoral
elections and even those who are passive holders of Filipino citizenship. representation and multiparty-system under our party-list system are concepts that
comfortably fall within this vision of a Filipino-style party-list system. Thus, both the text
RA No. 7941 itself amply supports this idea of "underrepresented" when it used a broad and spirit of the Constitution do not support an interpretation of exclusive sectoral
qualitative requirement in defining "political parties" as ideology or policy-based groups representation under the party-list system; what was provided was an avenue for the
and, "sectoral parties" as those whose principal advocacy pertains to the special marginalized and underrepresented sectors to participate in the electoral system it is
interest and concerns of identified sectors. an invitation for these sectors to join and take a chance on what democracy and
republicanism can offer.

Based on these considerations, it becomes vividly clear that contrary once again to
what Ang Bagong Bayani holds proportional representation refers to the Indeed, our democracy becomes more vibrant when we allow the interaction and
representation of different political parties, sectoral parties and organizations in exchange of ideas, philosophies and interests within a broader context. By allowing the
the House of Representatives in proportion to the number of their national marginalized and underrepresented sectors who have the numbers, to participate
constituency or voters, consistent with the constitutional policy to allow an "open together with other political parties and interest groups that we have characterized,
and free party system" to evolve. under the simple and relatively inexpensive mechanism of party-list we have today, the
framers clearly aimed to enrich principled discourse among the greater portion of the
society and hoped to create a better citizenry and nation.
b.1.Impact on Political Parties entitled to participate in the elections, must satisfy the following express statutory
requirements:
To summarize the above discussions and to put them in operation, political parties are
not only "not excluded" from the party-list system; they are, in fact, expressly allowed by 1.must be composed of Filipino citizens belonging to
law to participate. This participation is not impaired by any "marginalized and marginalized and underrepresented sectors,
underrepresented" limitation understood in the Ang Bagong Bayani sense. DaHISE organizations and parties;

As applied to political parties, this limitation must be understood in the electoral sense, 2.has no well-defined political constituencies; and
i.e., they are parties espousing their unique and "marginalized" principles of governance
and who must operate in the party-list system because they only have a "marginal" 3.must be capable of contributing to the formulation and enactment
chance of winning in the legislative district elections. This definition assumes that the of appropriate legislation that will benefit the nation as a
political party is not also a participant in the legislative district elections as the whole.
basic concept and purpose of the party-list innovation negate the possibility of
playing in both legislative district and party-list arenas.
The Constitution requires, too, that the members of the House of Representatives
are those who are elected from legislative districts, and those who are elected
Thus, parties whether national, regional or sectoral with legislative district election through a party-list system (Section 5 [1], Article VI) where the votes are in favor of
presence anywhere in the country can no longer participate as the party-list system is a political party, organization or coalition (Section 6, Article IX-C).
national in scope and no overlap between the two electoral systems can be allowed
anywhere.
These requirements embody the concept behind the party-list system and demonstrate
that it is a system completely different from the legislative district representation. From
c.The Parties and Their Nominees the point of view of the nominee, he or she is not the candidate, the party is the
entity voted for. This is in far contrast from the legislative district system where the
c.1.Refusal and/or Cancellation of Party Registration candidate is directly voted for in a personal electoral struggle among candidates in a
Due district. Thus, the nominee in the party-list system is effectively merely an agent of
to Nominee Problems the party. 39 It is the party-list group for whom the right of suffrage 40 is exercised by
the national electorate with the divined intent of casting a vote for a party-list group in
The COMELEC's refusal and cancellation of registration or accreditation of parties order that the particular ideology, advocacy and concern represented by the group may
based on Section 6 of RA No. 7941 is a sore point when applied to parties based on the be heard and given attention in the halls of the legislature. ISaTCD
defects or deficiencies attributable to the nominees. On this point, I maintain the view
that essential distinctions exist between the parties and their nominees that This concept and its purpose negate the idea that the infirmities of the nominee that do
cannot be disregarded. As quoted in the Summary of Positions, however, the need to not go into the qualifications of the party itself should prejudice the party. In fact, the law
make a distinction between the two types of nominees is relevant only to sectoral does not expressly provide that the disqualification of the nominee results in the
parties and organizations. DAaIEc disqualification of a party-list group from participating in the elections. In this regard,
Section 6 of RA No. 7941 reads:
The cancellation of registration or the refusal to register some of the petitioners on the
ground that their nominees are not qualified implies that the COMELEC viewed the Section 6.Removal and/or Cancellation of Registration. The
nominees and their party-list groups as one and the same entity; hence, the COMELEC may motu proprio or upon verified complaint of any
disqualification of the nominee necessarily results in the disqualification of his/her party. interested party, remove or cancel, after due notice and hearing,
the registration of any national, regional or sectoral party,
Sadly, this interpretation ignores the factual and legal reality that the party-list group, organization or coalition on any of the following grounds:
not the nominee, is the candidate in the party-list election, and at the same time blurs
the distinction between a party-list representative and a district representative. DEICTS (1)It is a religious sect or denomination, organization or association
organized for religious purposes;
c.2.The Party-Nominee Relationship
(2)It advocates violence or unlawful means to seek its goal;
That the party-list group, rather than the nominee, is voted for in the elections is not a
disputed point. Our essential holding, however, is that a party-list group, in order to be (3)It is a foreign party or organization;
(4)It is receiving support from any foreign government, foreign registration that transcend the nominee's status as a representative. These realities
political party, foundation, organization, whether directly or render indisputable that a party has the right (in fact, the duty) to replace a nominee
through any of its officers or members or indirectly through who fails to keep his bona fide membership in the party i.e., keeping true to the
third parties for partisan election purposes; IacHAE causes of the party even while the nominee is serving in Congress. HTCAED

(5)It violates or fails to comply with laws, rules or regulations The preceding discussions show that the COMELEC's action of apparently treating the
relating to elections; nominee and his party as one and the same is clearly and plainly unwarranted and
could only proceed from its commission of grave abuse of discretion, correctible under
(6)It declares untruthful statements in its petition; Rule 65.

(7)It has ceased to exist for at least one (1) year; or These distinctions do not discount at all the position or the role of the party-list nominee;
it is from the list of nominees submitted by the party that party-list representatives are
chosen should the party obtain the required number of votes. In fact, once the party-list
(8)It fails to participate in the last two (2) preceding elections or fails group submits the list of its nominees, the law provides specific grounds for the change
to obtain at least two percentum (2%) of the votes cast of nominees or for the alteration of their order of nomination. While the nominee may
under the party-list system in the two (2) preceding withdraw his nomination, we ruled it invalid to allow the party to withdraw the nomination
elections for the constituency in which it has registered. it made 43 in order "to save the nominee from falling under the whim of the party-list
[italics supplied] organization once his name has been submitted to the COMELEC, and to spare the
electorate from the capriciousness of the party-list organizations." 44 cSICHD
Notably, all these grounds pertain to the party itself. Thus, if the law were to be
correctly applied, the law, rules and regulations that the party violated under Section 6 We also recognize the importance of informing the public who the nominees of the
(5) of RA No. 7941 must affect the party itself to warrant refusal or cancellation of party-list groups are as these nominees may eventually be in Congress. 45 For the
registration. nominees themselves, the law requires that:

To take one of the presented issues as an example, it is only after a party's failure to 1.he has given his written consent to be a nominee;
submit its list of five qualified candidates, after being notified of its nominees'
disqualification, that refusal or cancellation of registration may be warranted. Indeed, if
the party-list group inexcusably fails to comply with this simple requirement of the law 2.he must be a natural-born citizen of the Philippines;
(Section 8 of RA No. 7941), then its registration deserves to be denied or an existing
one cancelled as this omission, by itself, demonstrates that it cannot then be expected 3.he must be a registered voter, a resident of the Philippines for a
to "contribute to the formulation and enactment of appropriate legislation." 41 period of not less than one (1) year immediately preceding
the day of the election;
The nominee is supposed to carry out the ideals and concerns of the party-list group to
which he/she belongs; to the electorate, he/she embodies the causes and ideals of the 4.he must be able to read and to write;
party-list group. However, unlike the political parties' official candidates who can, for
whatever reason, disaffiliate from his party and run as an independent candidate the 5.he must be a bona fide member of the party or organization which
linkage between a nominee and his party-list group is actually a one-way mirror he seeks to represent for at least ninety (90) days
relationship. The nominee can only see (and therefore run) through the party-list group preceding the day of the election; and
42 but the party-list group can see beyond the nominee-member.
6.he must be at least twenty-five (25) years of age on the day of the
While the nominee is the entity "elected" to Congress, a companion idea that cannot be election.
glossed over is that he only carried this out because of the nomination made by the
party to which he belongs and only through the unique party-list system. Note in this
regard that the registration with the COMELEC confers personality (for purposes of From this list, what clearly serves as the legal link between the party and its
election) on the party-list group itself and to no other. Note, too, that what the nominee is only the latter's bona fide membership in the party that wishes to
Constitution and the law envision is proportional representation through the group and participate in the party-list system of election. Because of this relationship,
the latter, not the nominee, is the one voted for in the elections. Even the manner of his membership is a fact that the COMELEC must be able to confirm as it is the
nomination and the duties his official relation to his party entails are matters that are link between the party the electorate votes for and the representation that the
primarily determined by the party's governing constitution and by-laws. To be sure, nominee subsequently undertakes in the House of Representatives. To
political dynamics take place within the party itself prior to or after the period of illustrate, if a sectoral party's nominee, who does not "actually share the attribute or
characteristic" of the sector he seeks to represent, fails to prove that he is a These cited statements, however, were endorsements of the Constitution as a whole
genuine advocate of this sector, then the presence of bona fide membership cannot and did not focus solely on the electoral reform provisions. As must be evident in the
be maintained. discussions above, I have no problem in accepting the social justice thrust of the
1987 Constitution as it indeed, on the whole, shows special concern for social
To automatically disqualify a party without affording it opportunity to meet the challenge justice compared with the 1935 and the 1973 Constitution. The Reflections,
on the eligibility of its nominee or to undertake rectifications deprives the party itself of however, apparently misunderstood the thrust of my Separate Opinion as already
the legal recognition of its own personality that registration actually seeks. aSTAHD fully explained above.

The qualifications of a nominee at the same time that it determines whether registration This Separate Opinion simply explains that the provisions under consideration in the
shall be granted. 46 When under the COMELEC's lights, the shadow cast by the party- present case are the Constitution's electoral provisions, specifically the elections for the
list nominee is not truly reflective of the group he/she is supposed to represent, what the House of Representatives and the nation's basic electoral policies (expressed in the
COMELEC must do is to give the party the opportunity to field in the five qualified Article on the Commission on Elections) that the constitutional framers wanted to
candidates. The COMELEC acts with grave abuse of discretion when it immediately reform.
cancels or refuses the registration of a party without affording it the opportunity to
comply. What the 1987 Constitutional framers simply wanted, by way of electoral reform, was to
"open up" the electoral system by giving more participation to those who could not
In line with the idea of proportional and sectoral representation, the law provides that a otherwise participate under the then existing system those who were marginalized in
nominee-representative who changes his affiliation during his term forfeits his seat. the legislative district elections because they could not be elected in the past for lack of
Likewise, in providing for the rule in case of vacancy for seats reserved for party-list the required votes and specific constituency in the winner-take-all legislative district
representatives, the reason for the vacancy is broad enough to include not only the valid contest, and who, by the number of votes they garnered as 3rd or 4th placer in the
causes provided for in the party's constitution and by-laws (such as the non-possession district elections, showed that nationally, they had the equivalent of what the winner in
of the necessary qualifications), but likewise includes the situation where the House of the legislative district would garner. This was the concept of "marginalized and
Representatives Electoral Tribunal finds that the nominee-representative unqualified for underrepresented" and the "lack of political constituency" that came out in the
failure to measure up to the necessary statutory and other legal requirements. 47 If constitutional deliberations and led to the present wordings of the Constitution. RA No.
these can be remedied without affecting the status of the party itself, no reason exists 7941 subsequently faithfully reflected these intents. DIEcHa
why the registration of a party-list group should automatically be cancelled or refused by
reason of individual failures imputable and affecting only the nominee. Despite this overriding intent, the framers recognized as well that those belonging to
specifically-named sectors (i.e., the marginalized and underrepresented in the social
Based on these considerations and premises, the party-list group and its nominees justice sense) should be given a head-start a "push" so to speak in the first three
cannot be wholly considered as one identifiable entity, with the fault attributable and (3) elections so that their representatives were simply to be selected as party-list
affecting only the nominee, producing disastrous effects on the otherwise qualified representatives in these initial elections.
collective merit of the party. If their identification with one another can be considered at
all, it is in the ideal constitutional sense that one ought to be a reflection of the other Read in this manner, the party-list system as defined in the Constitution cannot but be
i.e., the party-list group acts in Congress through its nominee/s and the nominee in so one that is "primarily" grounded on electoral reform and one that was principally driven
acting represents the causes of the party in whose behalf it is there for. TCAScE by electoral objectives. As written, it admits of national and regional political parties
(which may be based on ideology, e.g., the Socialist Party of the Philippines), with or
E.Observations on Chief Justice Sereno's Reflections. without social justice orientation. At the same time, the system shows its open embrace
of social justice through the preference it gave to the social justice sectors (labor,
peasant, urban poor, indigenous cultural communities, women, youth, and such other
Essentially, the Reflections defend the Ang Bagong Bayani ruling and do not need to be sectors as may be provided by law, except the religious sector) in the first three
further discussed at this point lest this Opinion be unduly repetitious. One point, elections after ratification of the Constitution, and to the labor, peasant, fisherfolk, urban
however, that needs to be answered squarely is the statement that this Separate poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans,
Opinion is not "appropriately sensitive to the context from which it [the 1987 overseas workers, and professionals, in the RA No. 7941 definition of sectoral party.
Constitution] arose." The Reflections asserted that the heart of the 1987 Constitution is
the Article on Social Justice," citing, in justification, the statements endorsing the
approval of the 1987 Constitution, particularly those of Commissioner Cecilia Muoz The objection regarding the "textualist" approach has been fully discussed in the
Palma, the President of the 1986 Constitutional Commission; President Munoz Palma Summary of Positions and need not be repeated here.
described the Constitution as reaching out to the social justice sectors.
F.The Eleven-Point Parameters for the COMELEC
I close this Opinion by outlining the eleven-point parameters that should guide the 2.For political parties (whether national or regional): a) to be
COMELEC in the exercise of its power to register parties under the party-list system of classified as political parties, they must advocate an
elections. For ease of application, these parameters refer back to the Ang Bagong ideology or platform, principles and policies, for the
Bayani guidelines, particularly on what points in these guidelines should be discarded general conduct of government. The application of the
and what remains intact and effective. TcDIEH further requirement under RA No. 7941 (that as the most
immediate means of securing the adoption of their
In view of our prior ruling in BANAT v. Commission on Elections (disqualifying political principles of governance, they must regularly nominate
parties from participating in the party-list elections), the petitioners understandably and support their leaders and members as candidates for
attempted to demonstrate, in one way or another, that they represent the marginalized public office) shall depend on the particular circumstances
and underrepresented sectors, as the term is understood in Bagong Bayani. As of the party.
discussed in this Separate Opinion, however, the requirement of being marginalized
and underrepresented should be understood, not only in the narrow sectoral sense, but b) The marginal and under-representation in the electoral
also in the broader electoral sense. sense (i.e., in the legislative district elections) and the lack
of constituency requirements fully apply to political parties,
We likewise take note of the fact that this is the first time that the Court ever attempted but there is no reason not to presume compliance with
to make a categorical definition and characterization of the term "marginalized and these requirements if political parties are not participants
under-represented," a phrase that, correctly understood, must primarily be interpreted in in any legislative district elections.
the electoral sense and, in case of sectoral parties and organizations, also partly in the
special interests and social justice contexts. The COMELEC understandably has not c) Role of Major Political Parties in Party-list Elections. Major
been given parameters under the present pronouncements either in evaluating the political parties, if they participate in the legislative district
petitions for registration filed before it, on one hand, or in determining whether existing elections, cannot participate in the party-list elections, nor
party-list groups should be allowed to participate in the party-list elections. Hence, the can they form a coalition with party-list parties and run as
need for the following parameters as we order a remand of all these consolidated a coalition in the party-list elections. ADaECI
petitions to the COMELEC.
A coalition is a formal party participant in the party-list system; what
1.Purpose and Objective of Party-list System. The primary the party-list system forbids directly (i.e., participation in
objective and purpose of the party-list system (established both electoral arenas), the major political parties cannot do
under the Constitution and RA 7941 is electoral reform indirectly through a coalition.
by giving marginalized and under-represented parties (i.e.,
those who cannot win in the legislative district elections No prohibition, however, exists against informal alliances that they
and in this sense are marginalized and may lack the can form with party-list parties, organizations or groups
constituency to elect themselves there, but who running for the party-list elections. The party-list
nationally may generate the following and votes component of these informal alliances is not prohibited
equivalent to what a winner in the legislative district from running in the party-list elections.
election would garner), the chance to participate in the
electoral exercise and to elect themselves to the House of
Representatives through a system other than the The plain requirements intrinsic to the nature of the political party
legislative district elections. DcIHSa evidently render the first and second Ang Bagong
Bayani guideline invalid, and significantly affects the
fourth guideline. To stress, political parties are not only
At the same time, the party-list system recognizes sectoral "not excluded" from the party-list system; they are, in fact,
representation through sectoral organizations (that, as expressly allowed by law to participate without being
defined did not require or identify any social justice limited by the "marginalized and underrepresented"
characteristic but were still subject to the "marginalized requirement, as narrowly understood in Ang Bagong
and underrepresented" and the "constituency" Bayani.
requirements of the law), and through sectors identified by
their common "social justice" characteristics (but which
must likewise comply with the "marginalized and 3.Sectoral parties, groups and organizations must belong to the
underrepresented" and "constituency" requirements of the sectors enumerated in Section 5 (2), Article VI of the 1987
law). Constitution and Section 5 of RA No. 7941 that are mainly
based on social justice characteristics; or must have
interests, concerns or characteristics specific to their
sectors although they do not require or need to identify the ability of the party-list group (not just the nominee but
with any social justice characteristic. directly through the nominee or indirectly through the
group) to contribute to the formulation and enactment of
In either case, they are subject to the "marginalized and under- appropriate legislation that will benefit the nation remains
represented" and the "constituency" requirements of the wholly relevant and should be complied with through the
law through a showing, supported by evidence, that they required submissions the COMELEC shall require.
belong to a sector that is actually characterized as
marginal and under-represented. aCSEcA The platform or program of government, among others, is very
important considering the significant role the party-list
Sectoral parties, groups and organizations are additionally subject group itself, as a collective body, plays in the party-list
to the general overriding requirement of electoral system dynamics even as its nominee or nominees is the
marginalization and under-representation and the one who is considered "Member" of the House of
constituency requirements of the law, but there is no Representatives. The statutory recognition of an
reason why compliance with these requirements cannot "appropriate legislation" beneficial to the nation injects the
be presumed if they are not participants in any legislative meaningful democracy that the party-list system seeks to
district elections. add stimulus into.

4.Registration with the COMELEC. 6.Party Disqualification. Political parties and sectoral parties and
organizations alike must not possess any of the
disqualifying grounds under Section 6, RA 7941 to be able
Political parties (whether national or regional, already registered to participate in the party-list elections.
with the COMELEC as regular political parties but not
under the party-list system) must register under the party-
list system to participate in the party-list elections. For Insofar as the third Ang Bagong Bayani guideline merely
party-list registration purposes, they must submit to the reiterates the first ground for cancellation or refusal of
COMELEC their constitution, by-laws, platform or program registration under Section 6, RA 7941 that the party-list
of government, list of officers, coalition agreement and group is a religious sect or denomination, organization or
other relevant information that the COMELEC may association, organized for religious purpose and the
require. 48 same ground is retained under these parameters.

Similarly, sectoral parties, groups or organizations already 7.Compliance with Substantive Requirements. To justify their
registered under the general COMELEC rules for existence, all party-list groups must comply with the
registration of political parties (but not under the party-list substantive requirements of the law specific to their own
system), must register under the party-list system to be group, their own internal rules on membership, and with
eligible to participate in the party-list elections, and must the COMELEC's Rules of Procedure. aTcIAS
likewise submit relevant documentation that the
COMELEC shall require. 8.Prohibited Assistance from Government. The party or
organization must not be an adjunct of, or a project
Political and sectoral parties, groups or organizations already organized or an entity funded or assisted by the
previously registered and/or accredited under the government. It must be independent of the government.
party-list system, shall maintain their previous This is the fifth Ang Bagong Bayani guideline. While
registration and/or accreditation and shall be allowed to this requirement only contemplated of the marginalized
participate in the party-list elections unless there are and underrepresented sector in the narrow sense in Ang
grounds for cancellation of their registration and/or Bagong Bayani, no reason exists not to extend this
accreditation under Section 6, RA 7941. aSIAHC requirement even to political parties participating in the
party-list elections.
5.Submission of Relevant Documents. The statutory requirement
on the submission of relevant documentary evidence to To emphasize, the general overriding requirement in the party-list
the COMELEC is not an empty and formal ceremony. The elections is inability to participate in the legislative
eighth (8th) Ang Bagong Bayani guideline relating to district elections with a fair chance of winning. If a
political party at the very least obtains the assistance of
the government, whether financially or otherwise, then its then compliance with the clear requirement of the law on
participation in the party-list system defeats the broad the number of nominees must all the more be strictly
electoral sense in which the term "marginalized" and complied with by the party-list group.
"underrepresented" is understood as applied to political
parties. Considering that the thirteen petitioners, who are new applicants, only secured a Status
Quo Ante Order (instead of mandatory injunction that would secure their inclusion in the
9.Qualification of Party-list Nominee. The sixth Ang Bagong ballots now being printed by the COMELEC), the remand of their petitions is only for the
Bayani guideline, being a mere faithful reiteration of academic purpose of determining their entitlement to registration under the party-list
Section 9 of RA 7941 (qualification of a party-list system but not anymore for the purpose of participating in the 2013 elections. IDSaTE
nominee), should remain. In addition, the party-list
nominee must comply with the proviso in Section 15 of RA Any of the remaining party-list groups involved in the remaining 40 petitions 49 that
7941. obtain the number of votes required to obtain a seat in the House of Representatives
would still be subject to the determination by the COMELEC of their qualifications based
10.Party and Nominee Membership. For sectoral parties and on the parameters and rationale expressed in this Separate Opinion.
organizations, the seventh Ang Bagong Bayani
guideline i.e., that the nominees must also represent REYES, J., concurring and dissenting:
the marginalized and underrepresented sectors refers
not only to the actual possession of the marginalized and
underrepresented status represented by the sectoral party In its noblest sense, the party-list system truly empowers the
or organization but also to one who genuinely advocates masses and ushers a new hope for genuine change. Verily, it
the interest or concern of the marginalized and invites those marginalized and underrepresented in the past
underrepresented sector represented by the sectoral party the farm hands, the fisher folk, the urban poor, even those in the
or organization. IHTASa underground movement to come out and participate, as
indeed many of them came out and participated during the last
elections. The State cannot now disappoint and frustrate them by
To be consistent with the sectoral representation envisioned by the disabling and desecrating this social justice vehicle. 1
framers, majority of the members of the sectoral party or
organization must actually belong to the sector
represented. The Court is tasked to resolve the fifty-three (53) consolidated Petitions for Certiorari
and Petitions for Certiorari and Prohibition filed under Rule 64, in relation to Rule 65, of
the Rules of Court by various party-list groups and organizations. The petitions assail
For political parties, it is enough that their nominees are bona fide the resolutions issued by the respondent Commission on Elections (COMELEC) that
member of the group they represent. either cancelled their existing registration and accreditation, or denied their new
petitions for registration under the party-list system. 2 TEDHaA
11.Effects of Disqualification of Nominee. The disqualification of
a nominee (on the ground that he is not a bona fide Of the fifty-three (53) petitions, thirteen (13) are instituted by new applicants to the
member of the political party; or that he does not possess party-list system, whose respective applications for registration and/or accreditation filed
the actual status or characteristic or that he is not a under Republic Act No. 7941 3 (RA 7941) and COMELEC Resolution No. 9366 4 dated
genuine advocate of the sector represented) does not February 21, 2012 were denied by the COMELEC En Banc upon its review of the
automatically result in the disqualification of the party resolutions of a division of the Commission.
since all the grounds for cancellation or refusal of
registration pertain to the party itself.
The forty (40) other petitions are instituted by party-list groups or organizations that
have been previously registered and accredited by the COMELEC, with most of them
The party-list group should be given opportunity either to refute the having been allowed to participate under the party-list system in the past elections.
finding of disqualification of its nominee or to fill in a These 40 petitions involve the COMELEC's recent cancellation of their groups'
qualified nominee before cancellation or refusal of registration and accreditation, which effectively denied them of the chance to participate
registration is ordered. Consistent with Section 6 (5) and under the party-list system in the May 2013 National and Local Elections.
Section 8 of RA 7941, the party-list group must submit a
list containing at least five nominees to the COMELEC. If a
party-list group endeavors to participate in the party-list The Antecedents
elections on the theoretical assumption that it has a
national constituency (as against district constituency),
All petitions stem from the petitioners' desire and intent to participate as candidates in COMELEC their respective petitions for registration were: (1) Alab ng Mamamahayag
the party-list system of representation, which takes its core from Section 5, Article VI of (ALAM), petitioner in G.R. No. 204139; (2) Akbay Kalusugan (AKIN), petitioner in G.R.
the 1987 Constitution which reads: No. 204367; (3) Ako An Bisaya (AAB), petitioner in G.R. 204370; (4) Alagad ng Sining
(ASIN), petitioner in G.R. No. 204379; (5) Association of Guard, Utility Helper, Aider,
Article VI Rider, Driver/Domestic Helper, Janitor, Agent and Nanny of the Philippines, Inc.
(GUARDJAN), petitioner in G.R. No. 204394; (6) Kalikasan Party-List (KALIKASAN),
petitioner in G.R. No. 204402; (7) Association of Local Athletics Entrepreneurs and
THE LEGISLATIVE DEPARTMENT Hobbyists, Inc. (ALA-EH), petitioner in G.R. No. 204426; (8) 1 Alliance Advocating
Autonomy Party (1AAAP), herein petitioner in G.R. No. 204435; (9) Manila Teachers
Section 5.1.The House of Representatives shall be composed Savings and Loan Association, Inc. (Manila Teachers), petitioner in G.R. No. 204455;
of not more than two hundred and fifty members, unless (10) Alliance of Organizations, Networks and Associations of the Philippines, Inc.
otherwise fixed by law, who shall be elected from legislative (ALONA), petitioner in G.R. No. 204485; and (11) Pilipinas Para sa Pinoy (PPP),
districts apportioned among the provinces, cities, and the petitioner in G.R. No. 204490. The political parties Abyan Ilonggo Party (AI), petitioner
Metropolitan Manila area in accordance with the number of their in G.R. No. 204436, and Partido ng Bida (PBB), petitioner in G.R. No. 204484, also
respective inhabitants, and on the basis of a uniform and sought to participate for the first time in the party-list elections, although their petitions
progressive ratio, and those who, as provided by law, shall be for registration were not filed under Rule 1 of Resolution No. 9366.
elected through a party-list system of registered national,
regional, and sectoral parties or organizations. Party-list groups that were previously registered and accredited merely filed their
Manifestations of Intent to Participate in the Party-List System of Representation in the
2.The party-list representatives shall constitute twenty per May 13, 2013 Elections, as provided in Rule 3 of Resolution No. 9366. Among these
centum of the total number of representatives including those parties were: (1) Atong Paglaum, Inc. (Atong Paglaum), petitioner in G.R. No. 203766;
under the party list. For three consecutive terms after the (2) AKO Bicol Political Party (AKB), petitioner in G.R. Nos. 203818-19; (3) Association
ratification of this Constitution, one-half of the seats allocated of Philippine Electric Cooperatives (APEC), petitioner in G.R. No. 203922; (4) Aksyon
to party-list representatives shall be filled, as provided by law, Magsasaka-Partido Tinig ng Masa (AKMA-PTM), petitioner in G.R. No. 203936; (5)
by selection or election from the labor, peasant, urban poor, Kapatiran ng mga Nakulong na Walang Sala, Inc. (KAKUSA), petitioner in G.R. No.
indigenous cultural communities, women, youth, and such 203958; (6) 1st Consumers Alliance for Rural Energy, Inc. (1-CARE), petitioner in G.R.
other sectors as may be provided by law, except the religious No. 203960; (7) Alliance for Rural and Agrarian Reconstruction, Inc. (ARARO),
sector. aAHISE petitioner in G.R. No. 203976; (8) Association for Righteousness Advocacy on
Leadership (ARAL), petitioner in G.R. No. 203981; (9) Alliance for Rural Concerns
xxx xxx xxx (Emphasis ours) (ARC), petitioner in G.R. No. 204002; (10) Alliance for Nationalism and Democracy
(ANAD), petitioner in G.R. No. 204094; (11) 1-Bro Philippine Guardians Brotherhood,
Inc. (1BRO-PGBI), petitioner in G.R. No. 204100; (12) 1 Guardians Nationalist
In 1995, RA 7941 was enacted to provide for the matters that shall govern the party-list Philippines, Inc. (1GANAP/GUARDIANS), petitioner in G.R. No. 204122; (13) Agapay
system, including the registration of party-list groups, the qualifications of party-list ng Indigenous Peoples Rights Alliance, Inc. (A-IPRA), petitioner in G.R. No. 204125;
nominees, and the election of party-list representatives. In 1998, the country's first (14) Kaagapay ng Nagkakaisang Agilang Pilipinong Magsasaka (KAP), petitioner in
party-list election was held. Since then, the Court has been called upon on several G.R. No. 204126; (15) The True Marcos Loyalist (for God, Country, and People)
instances to resolve controversies on the system, oftentimes on questions involving the Association of the Philippines, Inc. (BANTAY), petitioner in G.R. No. 204141; (16)
qualifications of party-list groups and their nominees. Among the landmark cases on Pasang Masda Nationwide Party (PASANG MASDA), petitioner in G.R. No. 204153;
these issues is Ang Bagong Bayani-OFW Labor Party v. COMELEC 5 decided by the (17) Action Brotherhood for Active Dreamer, Inc. (ABROAD), petitioner in G.R. No.
Court in 2001, wherein the Court laid down the eight-point guidelines 6 in the 204158; (18) Aangat Tayo Party-List Party (AT), petitioner in G.R. No. 204174; (19)
determination of the qualifications of party-list participants. Philippine Coconut Producers Federation, Inc. (COCOFED), petitioner in G.R. No.
204216; (20) Abang Lingkod Party-List (ABANG LINGKOD), petitioner in G.R. No.
Pursuant to its specific mandate under Section 18 of RA 7941 to "promulgate the 204220; (21) Firm 24-K Association, Inc. (FIRM 24-K), petitioner in G.R. No. 204236;
necessary rules and regulations as may be necessary to carry out the purposes of [the] (22) Alliance of Bicolnon Party (ABP), petitioner in G.R. No. 204238; (23) Green Force
Act," the COMELEC issued on February 21, 2012 Resolution No. 9366. About 280 7 for the Environment Sons and Daughters of Mother Earth (GREENFORCE), petitioner
groups, comprised of new applicants and previously-registered party-list groups, in G.R. No. 204239; (24) Agri-Agra na Reporma Para sa Magsasaka ng Pilipinas
formally signified their intent to join the party-list system in the May 13, 2013 elections. Movement (AGRI), petitioner in G.R. No. 204240; (25) Blessed Federation of Farmers
ESCDHA and Fishermen International, Inc. (A BLESSED Party-List), petitioner in G.R. No.
204263; (26) United Movement Against Drugs Foundation (UNIMAD), petitioner in G.R.
No. 204318; (27) Ang Agrikultura Natin Isulong (AANI), petitioner in G.R. No. 204321;
As required in Rule 1, Resolution No. 9366 on the registration of organized groups that
(28) Bayani Party List (BAYANI), petitioner in G.R. No. 204323; (29) Action League of
are not yet registered under the party-list system, among the groups that filed with the
Indigenous Masses (ALIM), petitioner in G.R. No. 204341; (30) Butil Farmers Party the Commission En Banc for automatic review
(BUTIL), petitioner in G.R. No. 204356; (31) Alliance of Advocates in Mining within five (5) days from the promulgation of the
Advancement for National Progress (AAMA), petitioner in G.R. No. 204358; (32) Social Resolution without need of a motion for
Movement for Active Reform and Transparency (SMART), petitioner in G.R. No. reconsideration. It shall be understood that a
204359; (33) Adhikain at Kilusan ng Ordinaryong Tao Para sa Lupa, Pabahay, party-list group shall not be deemed accredited
Hanapbuhay at Kaunlaran (AKO-BAHAY), petitioner in G.R. No. 204364; (34) Binhi without affirmation from the Commission En Banc
Partido ng mga Magsasaka Para sa mga Magsasaka (BINHI), petitioner in G.R. No. of the Division's ruling. For this purpose, the
204374; (35) Pilipino Association for Country Urban Poor Youth Advancement and provisions of Rule 19 of the 1993 COMELEC
Welfare (PACYAW), petitioner in G.R. No. 204408; (36) 1-United Transport Koalisyon Rules of Procedure shall be suspended.
(1-UTAK), petitioner in G.R. No. 204410; (37) Coalition of Associations of Senior
Citizens in the Philippines, Inc. (SENIOR CITIZENS), petitioner in G.R. No. 204421 and 2.To set for summary evidentiary hearings by the
G.R. No. 204425; (38) Ang Galing Pinoy (AG), petitioner in G.R. No. 204428; and (39) Commission En Banc, for purposes of
1st Kabalikat ng Bayan Ginhawang Sangkatauhan (1st KABAGIS), petitioner in G.R. determining their continuing compliance with the
No. 204486. SaHTCE requirements of R.A. No. 7941 and the guidelines
in the Ang Bagong Bayani case, and, if non-
On August 2, 2012, the COMELEC issued Resolution No. 9513, which provides for compliant, cancel the registration of the following:
additional rules on the Commission's disposition of the new petitions and manifestations
of intent that were filed with it under Resolution No. 9366. Resolution No. 9513, entitled (a)Party-list groups or organizations which are
In the Matter of: (1) The Automatic Review by the Commission En Banc of Pending already registered and accredited and
Petitions for Registration of Party-List Groups; and (2) Setting for Hearing the will participate in the May 13, 2013
Accredited Party-List Groups or Organizations which are Existing and which have Filed Elections, provided that the Commission
Manifestations of Intent to Participate in the 2013 National Elections, reads in part: En Banc has not passed upon the grant
of their respective Petitions for
WHEREAS, it is necessary and indispensable for the Commission Registration; and
En Banc to review and affirm the grant of registration and
accreditation to party-list groups and organizations in view of its (b)Party-list groups or organizations which are
role in ensuring that only those parties, groups, or organizations existing and retained in the list of
with the requisite character consistent with the purpose of the party- Registered Party-List Parties per
list system is registered and accredited to participate in the party- Resolution No. 9412, promulgated on 27
list system of representation; April 2012, and which have filed their
respective Manifestations of Intent to
WHEREAS, Section 4, Rule 1 of the Commission's Rules of Participate in the Party-List System of
Procedure authorize[s] the suspension of the Rules or any portion Representation in the May 13, 2013
thereof in the interest of justice and in order to obtain the speedy Elections.
disposition of all matters pending before it; and
With the provision in Resolution No. 9513 on the COMELEC'S determination of the
WHEREAS, Section 19 of the Commission's Rules of Procedure on continuing compliance of registered/accredited parties that have filed their
Motions for Reconsideration should be suspended in order for the manifestations of intent, the Commission En Banc scheduled summary hearings on
Commission En Banc to fulfill its role as stated in the Ang Bagong various dates, and allowed the party-list groups to present their witnesses and submit
Bayani case. EDATSC their evidence. 8 After due proceedings, the COMELEC En Banc issued the following
resolutions: DACaTI
NOW THEREFORE, in view of the foregoing, the Commission on
Elections, by virtue of the powers vested in it by the Constitution, 1.Resolution 9 dated October 10, 2012 in SPP No. 12-154 (PLM)
the Omnibus Election Code, and Republic Act No. 7941 or the and SPP No. 12-177 (PLM)
"Party List System Act", hereby RESOLVES to promulgate the
following: The COMELEC retained the registration and accreditation of AKB
10 as a political party, but denied its participation in the
1.In all pending cases where a Division grants the May 2013 party-list elections. The COMELEC's ruling is
Petition for Registration of a party-list group or founded on several grounds. First, the party does not
organization, the records shall be forwarded to represent or seek to uplift any marginalized and
underrepresented sector. From its constitution and by- while the party seeks to represent the women and youth
laws, the party seeks to represent and uplift the lives of sectors, only the first of its seven nominees is a woman,
Bicolanos, who, for the COMELEC, cannot be considered and only its second nominee is below 30 years of age.
or even associated with persons who are marginalized The Commission further took note that: first, some of its
and underrepresented. Second, the provinces in the Bicol activities were jointly conducted with religious
Region already have their respective representatives in organizations, and second, its fifth nominee is a pastor.
Congress. To allow more representatives for the Bicolanos "Although these circumstances are not sufficient proof that
and the Bicol Region would violate the rule on proportional the organization is itself a religious sect, denomination or
representation of "provinces, cities and the Metropolitan association and/or is organized for religious purposes, one
Manila in accordance with the number of their inhabitants, nevertheless cannot but hold doubt." 21
and on the basis of a uniform and progressive ratio." 11
Third, AKB's nominees, a businessman, three lawyers The registration of ARC 22 was cancelled for the failure of its
and an ophthalmologist, are not marginalized and nominees to qualify. The party claims to represent
underrepresented; thus, they fail to satisfy the seventh landless farmers, agrarian reform beneficiaries, fisherfolk,
guideline in Ang Bagong Bayani. upland dwellers, indigenous people and Bangsa Moro
people. 23 However, none of its nominees belongs to any
2.Omnibus Resolution 12 dated October 11, 2012, which of these sectors. In addition, the party failed to prove that
covers SPP No. 12-161 (PLM), SPP No. 12-187 (PLM), a majority of its members belong to the sectors that it
SPP No. 12-188 (PLM) and SPP No. 12-220 (PLM) seeks to represent. The party's advocacy for the
"development of the rural sectors" is also not limited to the
The COMELEC cancelled the registration and accreditation of cited sectors, as it may even include sectors that are not
Atong Paglaum, ARAL, ARC and UNIMAD. marginalized and underrepresented. DTAIaH

The COMELEC held that Atong Paglaum's 13 nominees do not UNIMAD 24 claims to represent "the marginalized and
belong to the sectors which the party represents, i.e., the underrepresented sectors which include young
urban poor, consumer, women and youth. While these professionals like drug counsellors and lecturers, veterans
include the women and youth sectors, five of the party's and the youth, among others." 25 For the COMELEC,
six nominees are all male, and all of its nominees are however, such sectors are not marginalized and
above 30 years 14 of age. Further, the COMELEC ruled underrepresented. The fight against illegal drugs is an
that the personal circumstances of the nominees belie the issue that interests the general public, and not just
claim that they belong to the urban poor sector: (1) its first particular sectors of the society. There are also existing
nominee 15 served as vice-president in a multinational laws, such as the Dangerous Drugs Act, and various
corporation; (2) its second nominee 16 is the owner of a specialized government agencies, such as the Philippine
corporation engaged in the business of pineapple contract Drug Enforcement Agency (PDEA) and the Dangerous
growing with Del Monte Philippines; (3) its third nominee Drugs Board (DDB), that already address the problem of
17 is the owner and manager of two business illegal drugs. In cancelling UNIMAD's registration, the
establishments; and (4) its sixth nominee 18 is an COMELEC also cited the party's failure to establish its
electrical engineer and three-term member of the track record as an organization. Furthermore, while the
Sangguniang Panglungsod of Malaybalay City, Bukidnon. party claims to represent the youth and young
Finally, the COMELEC cited the party's failure to file its professionals, none of its nominees is aged below thirty
Statement of Contributions and Expenditures when it years.
participated in the 2010 Elections, despite having been
ordered to do so during the summary evidentiary hearing. 3.Omnibus Resolution 26 dated October 16, 2012, which
HAaECD covers SPP No. 12-196 (PLM), SPP No. 12-223 (PLM)
and SPP No. 12-257 (PLM)
In ruling against ARAL, 19 the COMELEC cited the party's "failure
to comply, and for violation of election laws, rules and The main reason for the cancellation of 1BRO-PGBI's 27
regulations pursuant to Section 6 (5) of RA No. 7941, in registration was its failure to define the sector that it seeks
connection with the fourth, sixth, and seventh guidelines in to represent. An affidavit executed by its second nominee
Ang Bagong Bayani." 20 The Commission explained that indicates that the party represents professionals, while its
Manifestation of Intent indicates that it is multi-sectoral. an economic lobby group for the electric power industry;
For the COMELEC, such differing statements from the and (2) all of its nominees, being an employee, electrical
party reveal that 1BRO-PGBI does not really intend to engineer, sugar planter and retired government employee,
represent any marginalized and underrepresented sector. do not appear to belong to the sector that the party claims
Instead, it only seeks to represent its members, and that it to represent. DHTECc
is more of a "fraternity/brotherhood composed mostly of
military men with esoteric learnings." 28 The party's 6.Resolution 38 dated October 23, 2012 in SPP No. 12-232
nominees also did not appear to belong to a marginalized (PLM)
and underrepresented sector, being a barangay captain,
consultant, guidance counselor, lawyer and retired
captain/security consultant. cSEaDA In cancelling AT's 39 registration and accreditation, the COMELEC
ruled that: first, the party, which represents the sectors of
women, elderly, youth, labor and urban poor, does not
The registration of 1GANAP/GUARDIANS 29 was also cancelled, appear to have a bona fide intention to represent all these
following the COMELEC's finding that it is a military sectors, as it has, in fact, failed to uplift the welfare of all
fraternity. The Commission also cited the following these sectors through the authorship or sponsorship by its
grounds: first, there is a "glaring similarity between incumbent representative in Congress of house bills that
1GANAP/GUARDIANS and 1BRO-PGBI;" 30 second, "it are beneficial to the elderly, youth and urban poor; and
wishes to protect the interests of its members; however, it second, its nominees, being all professionals, do not
failed to establish . . . the group's service outside the walls belong to any of the marginalized sectors that the party
of its 'brotherhood';" 31 third, the "community volunteer seeks to represent.
workers" sector which it seeks to represent is too broad to
allow for meaningful representation; and fourth, its
nominees do not appear to belong to the said sector. 7.Omnibus Resolution 40 dated October 24, 2012, which
covers SPP Case No. 12-288 (PLM)
A BLESSED Party-List 32 claims to represent farmers and
fishermen in Region XI. The COMELEC resolved to cancel The COMELEC's resolution to cancel ARARO's 41 registration and
its registration after finding that three of its seven accreditation was founded on the following: (1) the
nominees are "not themselves farmers and fishermen, separate interests of the peasant and urban poor sectors,
[and] none of its nominees are registered voters of Region which the party both represents, differ and even
XI, the particular region which they seek to represent." 33 oftentimes conflict; (2) most of its nominees cannot be
considered members of any of these sectors, as they
reside "in the gated subdivisions of Metro Manila"; 42
4.Resolution 34 dated October 16, 2012 in SPP No. 12-260 hence, such nominees can be considered more as
landowners, and not farmers as they claim themselves to
The COMELEC cancelled the registration of 1-CARE 35 on the be; (3) the party failed to show that three of its nominees
following grounds: (1) rural energy consumers, the sector 43 are among its bona fide members; (4) Its nominee
which 1-CARE intends to represent, is not marginalized Quirino De La Torre (De La Torre) appeared to be a
and underrepresented; (2) the party's track record and farmland owner, rather than an actual farmer; and (5) It
activities are almost exclusively related to electric failed to present any document to show that its Board had
cooperatives and not to rural energy consumers; and (3) resolved to participate in the May 2013 elections, and that
its nominees, all of whom are/were high-level officials of De La Torre was authorized to sign and file with the
various electric cooperatives in the country, do not belong COMELEC the documents that are required for the said
to the sector of rural energy consumers. purpose. CASTDI

5.Resolution 36 dated October 16, 2012 in SPP Case No. 12- 8.Omnibus Resolution 44 dated October 24, 2012, which
201 (PLM) covers SPP Case No. 12-279 (PLM), SPP No. 12-248
(PLM), SPP No. 12-263 (PLM), SPP No. 12-180 (PLM),
The COMELEC cancelled the registration and accreditation of SPP No. 12-229 (PLM), SPP No. 12-217 (PLM), SPP No.
APEC 37 on the following grounds: (1) a review of its 12-277 (PLM) and SPP No. 12-015 (PLM)
constitution and by-laws shows that it does not represent a
marginalized and underrepresented sector, as it is merely
The COMELEC cancelled the registration of AGRI, AKMA-PTM, COMELEC held that the party failed to prove that the
KAP, AKO BAHAY, BANTAY, PACYAW, PASANG majority of its members belonged to the marginalized and
MASDA and KAKUSA. underrepresented. In addition, there was no proof that its
first and third nominees, a dentist and private sector
In AGRI's 45 case, the COMELEC ruled that: (1) for more than a employee/businesswoman, respectively, actually belonged
year immediately after the May 2010 elections, AGRI to the marginalized and underrepresented sectors which
stopped existing as an organization, and this constitutes BANTAY seeks to represent. ESDHCa
as a ground to cancel registration under Section 6 of RA
7941; (2) its nominees did not appear to actually belong to The registration of PACYAW 52 was cancelled on the following
the marginalized and underrepresented sectors of grounds: first, since the party desired to change the sector
peasants and farmers, which the party seeks to represent; to represent, i.e., from the "urban poor youth" sector to the
(3) it submitted a list of only four nominees, instead of five "urban poor" sector, it needed to file a new application for
as mandated by Section 8 of RA 7941; and (4) there is no registration; second, it failed to show a credible track
showing that it undertook meaningful activities for the record of working for the interests of the marginalized and
upliftment of its constituency. underrepresented; third, it failed to prove that majority of
its officers and members were from the urban poor sector;
AKMA-PTM's 46 registration as a party to represent the farmers and fourth, its nominees are also not members of the
sector was cancelled for its failure to show that majority of urban poor sector.
its members and officers belonged to the marginalized and
underrepresented. There was also no proof that its first to PASANG MASDA's 53 registration was cancelled on two grounds.
fourth nominees, 47 who were an educator and persons First, it represents both drivers and operators, who may
engaged in business, actually belonged to a marginalized have conflicting interests that may adversely affect the
and underrepresented sector. Its fifth to ninth nominees, party's mandate to represent both sectors. Second, its
although all farmers, had not been shown to work on nominees are all operators or former operators, making
uplifting the lives of the members of their sector. CAIHTE the COMELEC question the party's capacity to represent
the interests of drivers.
The COMELEC cancelled the registration of KAP 48 (formerly Ako
Agila ng Nagkakaisang Magsasaka, Inc. Ako Agila) on The registration of KAKUSA, 54 a party "organized to represent
the following grounds: (1) its Manifestation of Intent and persons imprisoned without proof of guilt beyond
Certificate of Nomination were not signed by an reasonable doubt," 55 was cancelled by the COMELEC for
appropriate officer of the party, as required by Section 3, lack of proof that majority of its officers and members
Rule 2 of Resolution No. 9366; (2) it failed to show that it belong to the marginalized and underrepresented. The
has continued to work for the betterment of the lives of the Commission also took note of its failure to show that its
members of the sectors it represents, i.e., farmers and incumbent representative has been working on any
peasants; and (3) it failed to show that its nominees legislation in Congress to uplift the lives of those whom the
actually belong to the sectors which the party represents, group allegedly represents. The party showed no credible
or that they have undertaken meaningful activities which track record, and its nominees, being persons engaged in
address the concerns of said sectors. business, did not appear to be marginalized and
underrepresented. AECDHS
The COMELEC cancelled the registration of AKO BAHAY 49 for its
failure to prove that its nominees actually belong to the 9.Resolution 56 dated October 30, 2012 in SPP Case No. 12-
marginalized and underrepresented sector that the party 256 (PLM)
seeks to represent, i.e., the urban poor, or to have
engaged in meaningful activities that tend to uplift and The COMELEC cancelled AG's 57 registration and accreditation on
enrich the lives of the members of said sector. three grounds. First, the party failed to appear during the
summary hearing scheduled by the COMELEC. For the
BANTAY 50 claims to represent the "peasants, urban poor, Commission, such failure shows the party's "wanton
workers and nationalistic individuals who have stakes in disregard for the rules and regulations of [the]
promoting security of the country against insurgency, Commission" 58 and constitutes a sufficient ground to
criminality and their roots in economic poverty." 51 The cancel its registration under Rule 2, Section 2 (f) 59 of
Resolution No. 9366. Second, the party does not intend to representation, the accreditation of GREENFORCE still
represent any marginalized and underrepresented sector, merits cancellation for the party's failure to prove its
as evidenced by its lack of track record. In addition, continuing compliance with the track record requirement;
nowhere in its constitution, by-laws and platform of (3) based on their certificates of acceptance, the personal
government does it state the marginalized and circumstances of GREENFORCE's nominees
underrepresented sector that it seeks to represent. It is demonstrate that they cannot be classified as
only in its Memorandum later submitted to the COMELEC marginalized citizens. The first and second nominees are
that it mentions aiding the marginalized sectors of security businessmen, the third and fourth nominees are lawyers,
guards, drivers, vendors, tanods, small-scale businesses leaving only the fifth nominee, a fish farmer, as the only
and the jobless. Third, its nominees do not belong to any marginalized citizen among the nominees.
of the mentioned sectors.
The COMELEC cancelled the registration of FIRM 24-K 65 after
10.Resolution 60 dated November 7, 2012 in SPP Case No. 12- finding that its nominees do not belong to the sectors
185 (PLM) which the party represents. It pointed out that while FIRM
24-K supposedly represents the urban poor and peasants
ANAD's 61 registration and accreditation were cancelled by the in the National Capital Region, only two of its nominees
COMELEC on several grounds. First, it does not represent actually reside therein. Also, the COMELEC held that
an identifiable marginalized and underrepresented sector, FIRM 24-K failed to prove its track record as an
judging from the party's declared "advocacies to publicly organization; that the photographs it submitted, showing
oppose, denounce and counter, communism in all its form its tree-planting activities, are self-serving and incapable of
in the Filipino society, in industries, in the academe and in exhibiting an organized program for the urban poor.
the labor sector; to publicly oppose, denounce and counter DTCSHA
all acts of terrorism and insurgency; to preserve, protect
and promote the democratic principles of good ALIM's 66 registration was cancelled for its failure to establish that
government and governance by peaceful and democratic its nominees, or at least a majority of them, are members
means under a regime of law and order; to generate and of the indigenous people sector which the party seeks to
provide avenues for the development of skills of its represent. Only its first nominee submitted a certificate
members as aide in providing income opportunities; from the National Commission on Indigenous Peoples
develop and implement livelihood programs for its (NCIP), which confirmed his membership with the Itawes
members." 62 Second, the party submitted a list of only Indigenous Cultural Communities. In addition, the
three nominees, in violation of Section 4, Rule 3 of COMELEC explained that while ALIM's president, Fatani
Resolution No. 9366 that requires the submission of a list Abdul Malik, testified that their party specifically represents
of at least five nominees. Third, its nominees do not the indigenous masses from Mindanao and the
belong to the marginalized and underrepresented. Fourth, Cordilleras, only two of the party's five nominees hailed
it failed to submit its Statement of Contributions and from those areas. Finally, the party had nominees who did
Expenditures for the 2007 National and Local Elections. not appear to belong to a "marginalized class," being a
businessman, lawyer and real estate developer.
11.Omnibus Resolution 63 dated November 7, 2012, which
covers SPP No. 12-060 (PLM), SPP No. 12-254 (PLM) 12.Resolution 67 dated November 7, 2012 in SPP No. 12-204
and SPP 12-269 (PLM) (PLM)

The COMELEC cancelled the registration and accreditation of In cancelling the registration of AAMA, 68 the COMELEC held that
GREENFORCE, FIRM 24-K and ALIM. DECcAS the sectors it represents, namely, employees, either skilled
or ordinary labor, professionals directly engaged in mining
The ruling against GREENFORCE 64 was based on the following activities or occupation incidental thereto and non-
grounds: (1) the party is only an advocacy group government groups advocating advancement of
composed of environmental enthusiasts intending to take responsible mining for national progress, is a specifically
care of, protect and save Mother Earth and the country's defined group which may not be allowed registration under
natural reserves from destruction or degradation; (2) even the party-list system. In addition, AAMA failed to establish
if a liberal stance is adopted on the meaning of sectoral that its nominees actually represent and belong to said
sectors, that they have actively participated in the activities 15.Resolution 73 dated November 7, 2012 in SPP Case No. 12-
of AAMA, that they truly adhere to its advocacies, and are 210 (PLM)
bona fide members of the party.
BAYANI 74 claims to represent "the marginalized and
13.Resolution 69 dated November 7, 2012 in SPP No. 12-272 underrepresented professional sector [comprised] of
(PLM) millions of jobless and underemployed professionals such
as the registered nurses, midwives, engineers, lawyers,
The COMELEC cancelled the registration of SMART 70 after [certified public accountants], among others." 75 Its
finding that its nominees are disqualified from representing registration and accreditation were cancelled by the
the sectors which the party represents, i.e., workers, COMELEC on the ground of its failure to prove a track
peasants, youth, students, women, professionals and record of trying to uplift the marginalized and
those belonging to sectors such as domestic helpers, underrepresented sector of professionals. In addition, the
vendors, drivers and construction workers, since: first, the party's second nominee, 76 being a businessman, was
party claims to represent the youth sector, yet four of its declared unqualified to represent the sector of
five nominees are more than 30 years of age while its fifth professionals.
nominee would be more than 30 years of age on May 13,
2013; second, the party claims to represent the women 16.Resolution 77 dated November 7, 2012 in SPP Case No. 12-
sector, yet four out of its five nominees are male; and 252 (PLM)
third, its nominees are composed of businessmen, a
doctor, an executive chef and a computer programmer, The registration and accreditation of AANI 78 were cancelled on
who are thus not marginalized. Also, the COMELEC several grounds. First, the party has failed to establish a
observed that the party's activities do not specifically cater track record of enhancing the lives of the marginalized and
to the interest and needs of the sectors which it underrepresented farmers which it claims to represent. Its
represents. Lastly, the lack of restrictions in the class of activities that include relief operations and consultative
persons who may join SMART casts doubt as to whether meetings did not appear to primarily benefit the said
a majority its members are indeed marginalized and sector. Second, more than majority of the party's
underrepresented. EcaDCI nominees are not farmers, contrary to the seventh
guideline in Ang Bagong Bayani that a party's nominees
14.Resolution 71 dated November 7, 2012 in SPP No. 12-173 must belong to the marginalized and underrepresented
(PLM) sector to be represented. HDITCS

The COMELEC held that the registration and accreditation in 2010 17.Resolution 79 dated November 7, 2012 in SPP Case No. 12-
of ABP 72 as a party-list group was defective. The party 292 (PLM)
was initially accredited by the COMELEC in 2009 as a
regional political party. In November 2009, it only filed a The registration and accreditation of A-IPRA, 80 which claims to
Manifestation of Intent to participate in the May 2010 represent and advance the interests of indigenous
elections, instead of a petition for registration under peoples, were cancelled on the ground of its failure to
Section 5 of RA 7941. Acting on the recommendation of its prove that its five nominees are "indeed indigenous
Law Department, the COMELEC accredited ABP as a people; have actively participated in the undertakings of A-
party-list group on January 15, 2010. The COMELEC then IPRA; truly adhere to its advocacies; and most of all, that
ruled that ABP could not be accredited for the May 2013 the said nominees are its bona fide members." 81
Elections as a party-list group sans the filing of a petition
for registration. Also, the COMELEC held that ABP does
not represent any sector. While it claimed during the 18.Resolution 82 dated November 7, 2012 in SPP Case No. 12-
summary evidentiary hearing that it represents 202 (PLM)
construction workers and professionals, its constitution
and by-laws indicate that its membership is composed of The COMELEC cancelled the registration and accreditation of
men and women in Region V. Lastly, none of ABP's COCOFED 83 on several grounds. First, the party is
nominees are employed in the construction industry. already affiliated with a number of coconut agencies, both
private and government. COCOFED admits that it sits in
the board of the United Coconut Association of the Third, ABROAD's nominees do not fall under any of the
Philippines (UCAP), the Philippine Coconut Research and sectors which the party seeks to represent.
Development Foundation (PCRDF), Coconut Investment
Co. (CIC), Cocofed Marketing Corporation (CMC) and the 21.Resolution 89 dated November 28, 2012 in SPP Case No. 12-
Quezon Coconut Planters Savings and Loan Bank 228 (PLM)
(QCPSLB). Such circumstance negates the claim that it is
still marginalized. Second, a party-list group must not be
an adjunct of, or a project organized or an entity funded by The COMELEC cancelled the registration and accreditation of
the government. Contrary to this guideline, COCOFED BINHI 90 on the following grounds: (1) the party's
openly admits that it is assisted by the Philippine Coconut component organization, the Cabanatuan City Seed
Authority (PCA) in various farmer-oriented projects. Third, Growers Multi-Purpose Cooperative (CCSGMPC), being a
COCOFED's nominees are not members of the cooperative duly registered with the Cooperative
marginalized sector of coconut farmers and producers, Development Authority (CDA), cannot be considered as a
which the party claims to represent. HcISTE marginalized or underrepresented sectoral organization as
it already receives ample assistance, attention and
protection from the State through the CDA; (2) being a
19.Resolution 84 dated November 7, 2012 in SPP No. 12-238 cooperative, the party receives assistance from the
(PLM) government through the Department of Agriculture, in
violation of the fifth guideline in Ang Bagong Bayani; and
ABANG LINGKOD's 85 registration was cancelled for its failure to (3) while it may appear from the documents submitted
establish a track record of continuously representing during the summary evidentiary hearing that
marginalized and underrepresented peasant farmers. BINHI/CCSGMPC indeed promotes the interests and
Further, the party failed to show that its members actually concerns of peasants, farmers and farm tillers, there is no
belong to the sector which it claims to represent. As proof, however, that the group, as a whole, is marginalized
regards the qualification of ABANG LINGKOD's and underrepresented. cADEHI
nominees, there was a failure to show that they are
themselves marginalized and underrepresented, that they 22.Resolution 91 dated November 28, 2012 in SPP Case No. 12-
have actively participated in programs for the 136 (PLM)
advancement of peasant farmers, and that they truly
adhere to the advocacies of ABANG LINGKOD.
The registration and accreditation of BUTIL 92 were cancelled on
two grounds. First, in the Judicial Affidavit submitted by its
20.Resolution 86 dated November 14, 2012 in SPP Case No. 12- Secretary General to the Comelec, it is stated that the
158 (PLM) party represents "members of the agriculture and
cooperative sector." For the COMELEC, BUTIL failed to
The registration and accreditation of ABROAD 87 were cancelled establish that the "agricultural and cooperative sectors"
on several grounds. First, the party was accredited as a are marginalized and underrepresented. Second, the
regional multi-sectoral party to represent the sectors of party's nominees neither appear to belong to the sectors
labor, overseas workers, professionals, urban poor and which they seek to represent, nor to have actively
peasants. However, the documents submitted by the party participated in the undertakings of the party. DcCEHI
indicate that it only advances the welfare of the labor,
overseas workers and professionals sectors, and fails to 23.Resolution 93 dated December 3, 2012 in SPP No. 12-194
champion the causes of the urban poor and peasants (PLM)
sectors. In addition, while the party was registered way
back in September 2009, the documents presented to
prove its track record only show its activities beginning 1st KABAGIS 94 was found by the COMELEC to have ceased to
January 15, 2011. The COMELEC held, "(w)hat transpired exist after the 2010 elections. The documents which it
from September 4, 2009 to December 2010 is a puzzle to submitted to prove its continued existence were
us. ABROAD could have already carried out its purposes substantially the same as those it presented to support its
and platform of government in this period of time to petition for registration in 2009. Furthermore, 1st
promote the interests of its members, but it did not." 88 KABAGIS appeared to have "recycled the documentation
of its activities in 2009 to deliberately mislead the
Commission to believe that it has existed continuously." 95
For the COMELEC, these circumstances constitute following grounds: (1) the party does not represent any
sufficient grounds for the cancellation of the party's marginalized and underrepresented sector, as it is
registration, as provided in Section 6 (6) and (7) of RA composed of businessmen, civil society groups, politicians
7941 on a party's declaration of untruthful statements in and ordinary citizens advocating genuine people
the petition and failure to exist for at least one year. empowerment, social justice, and environmental
Finally, the COMELEC took note that while 1st KABAGIS protection and utilization for sustainable development; (2)
intends to represent the labor, fisherfolks and the urban it failed to apply for registration as a party-list group; and
poor indigenous cultural communities sectors, none of its (3) it failed to establish its track record as an organization
five nominees belong to any of these sectors. that seeks to uplift the lives of the marginalized and
underrepresented.
24.Resolution 96 dated December 4, 2012 in SPP No. 12-198
(PLM) The COMELEC En Banc's authority under Resolution No. 9513 to conduct an
automatic review of the COMELEC divisions' resolutions favoring new registrants also
The COMELEC cancelled 1-UTAK's 97 accreditation, holding that: resulted in the COMELEC En Banc's issuance of several resolutions. It reversed the
First, the party does not factually and truly represent a rulings of the Commission's divisions through the issuance of the following:
marginalized sector considering that drivers and
operators, which 1-UTAK seeks to both represent, have 1.Resolution 102 dated November 23, 2012 in SPP No. 12-099
diametrically opposing interests. The advocacy of drivers (PLM)
pertains to wages and benefits while operators are mainly
concerned with their profits. Second, the party's nominees ASIN's 103 petition for registration was denied by the COMELEC
do not belong to any marginalized and underrepresented En Banc on the following grounds: first, the "artists" sector,
sector. The party did not even include among its nominees which is among the sectors which ASIN seeks to
a representative from the drivers' sector. represent, is not considered marginalized and
underrepresented under RA 7941 and relevant
25.Resolution 98 dated December 4, 2012 in SPP No. 12-157 jurisprudence; second, ASIN failed to prove its track
(PLM) and SPP No. 12-191 (PLM) record as an organization, there being no sufficient
evidence to show that it had performed acts that tend to
In cancelling the registration of SENIOR CITIZENS, 99 the advance the interest of the sectors which it seeks to
COMELEC explained that, first, its nominees during the represent; and third, ASIN failed to show that its nominees
May 2010 elections had agreed on a term-sharing are qualified under the provisions of RA 7941 and the
agreement, which circumvented Section 7, Article VI of the guidelines laid down in Ang Bagong Bayani.
1987 Constitution that mandates a three-year term for
members of the House of Representatives. The term- 2.Omnibus Resolution 104 dated November 27, 2012, which
sharing agreement was also declared contrary to public covers SPP No. 12-041 (PLM) and SPP No. 12-011
policy since a given term of public office cannot be made (PLM)
subject to any agreement of the parties; it is not a
commodity that can be shared, apportioned or be made The COMELEC En Banc denied the registration of Manila
subject of any private agreement. The Commission further Teachers and ALA-EH.
cited Section 7, Rule 4 of COMELEC Resolution No. 9366,
and emphasized that a violation or failure to comply with
laws, rules and regulations relating to elections is, In denying Manila Teachers' 105 petition, the COMELEC En Banc
pursuant to Section 6 (5) of RA 7941, a ground for the reasoned that a non-stock savings and loan association
cancellation of a party's registration. TASCEc cannot be considered a marginalized and
underrepresented sector under the party-list system of
representation, for being neither a part of the "working
26.Resolution 100 dated December 5, 2012 in SPP No. 11-002 class," "service class," "economically deprived," "social
outcasts," "vulnerable" and "work impaired." 106
The COMELEC En Banc affirmed the COMELEC Second Division's Furthermore, the COMELEC held that a non-stock savings
resolution to grant the registration and accreditation of and loan association is mandated to engage, exclusively,
PBB 101 as an NCR Political Party, but prohibited it from in the legitimate business of a non-stock savings and loan
participating in the 2013 party-list elections based on the association; thus, the very foundation of its organization
would be forfeited should it pursue its party-list campaign. AAB 122 applied for registration as a regional political party in
107 Even granting that Manila Teachers may seek Region VIII, allegedly with "constituencies [composed of]
registration under the party-list system as a group the men and women (registered voters) of Region VIII, its
representing public school teachers, the fact that its first provinces, cities, municipalities and all other Bisayans
and second nominees are not teachers by profession from the other parts of the Philippines whose roots can be
adversely affects the party's application. aDSIHc traced to the Bisayan Regions of Region VIII . . . ." 123 In
denying AAB's petition, the COMELEC En Banc cited the
The denial of ALA-EH's 108 petition was based on its failure to following grounds: first, the records do not show that the
show that its members, particularly businessmen, sports group represents a marginalized sector of the society,
enthusiasts, donors and hobbyists, belong to an other than by its claim to have formed a sectoral wing, the
identifiable group of persons which the law considers as Association of Bisayan Farmers-R8 (ABF-R8), registered
marginalized. Further, the COMELEC En Banc ruled that with the Securities and Exchange Commission (SEC) on
the group's nominees did not appear to be qualified, as May 4, 2012 and aiming to pursue legislation and
they were individuals doing financially well in their programs for the benefit of the Bisayan farmers in Region
respective businesses that do not contribute to the welfare VIII; second, AAB's alleged constituencies in Region VIII
of Filipino athletes and sports enthusiasts. 109 are not underrepresented because they already have their
district representatives in Congress; third, granting that
ABF-R8 is a legitimate sectoral group of AAB, it has been
3.Resolution 110 dated November 27, 2012 in SPP No. 12-057 in existence only since May 4, 2012, putting into question
(PLM) its track record of representing peasants and farmers; and
fourth, its nominees are neither farmers nor peasants
The COMELEC En Banc denied 1AAAP's 111 petition on the three are lawyers, and the two others are company
ground of the failure of the party's nominees to qualify. employees. HAECID
While the group seeks registration as a regional political
party under Region XI, its third and fourth nominees 112 6.Resolution 124 dated December 4, 2012 in SPP Case Nos. 12-
are not residents of the said region. For the COMELEC En 009 (PP) and 12-165 (PLM)
Banc, such circumstance disqualifies them as nominees,
for "it would be difficult for the said nominees to represent
the interest of 1AAAP's supposed constituency who are Although the COMELEC En Banc affirmed AI's 125 registration as
residents and voters of Region XI." 113 In addition, the a regional political party in Region VI, it denied the party's
group failed to satisfy the second guideline in Ang Bagong registration under the party-list system on several
Bayani, with the Comelec En Banc taking note that four grounds. First, the party failed to show that it represents a
114 of its five nominees do not belong to any marginalized marginalized and underrepresented sector, considering
and underrepresented sector. cdasia that the Province of Iloilo already has "no less than five (5)
incumbent district representatives in Congress." 126
Second, the party made untruthful statements in the
4.Resolution 115 dated November 27, 2012 in SPP No. 12-104 Memorandum it filed with the COMELEC, when it claimed
(PL) that some of its nominees are members of its sectoral
wings Patlad-Cayos Farmers' Association (Patlad-Cayos)
AKIN 116 claims to be an organization of health workers and social and Alyansa ng Industriya ng Bigas (ANIB), composed of
workers from urban poor communities. The denial of its farmers and NFA-accredited retailers, respectively. The
petition is founded on the group's failure to show that its COMELEC En Banc took note that none of its nominees
nominees belong to the urban poor sector. Its first and are farmers and food retailers, judging from their
second nominees 117 are lawyers, its second nominee occupations or professions as declared in the certificates
118 is a retired government employee, its fourth nominee of acceptance to their nominations. Third, AI's fourth
119 is an accountant/social volunteer worker, and its fifth nominee 127 has withdrawn his acceptance to his
nominee 120 is a secretary. nomination, while its first 128 and fifth 129 nominees have
filed their certificates of candidacy for local elective
5.Resolution 121 dated November 29, 2012 in SPP No. 12-011 positions in Iloilo.
(PP)
7.Resolution 130 dated December 4, 2012 in SPP No. 12-175
(PL)
ALONA 131 claims to be an aggrupation of citizen groups stated in its constitution and by-laws reflect an advocacy
composed of homeowners' associations, urban poor, for the protection of the environment rather than for the
elderly organizations, young professionals, overseas causes of the marginalized and underrepresented sectors
Filipino workers, women, entrepreneurs, cooperatives, it seeks to represent; (2) there is no proof that majority of
fisherfolk, farmers, labor, transport, vendors and youth its membership belong to the marginalized and
groups. In ruling against the party's petition, the underrepresented; (3) it seeks to represent sectors with
COMELEC En Banc cited: first, the group's failure to conflicting interests; and (4) its nominees do not belong to
establish how it can represent all these fourteen (14) any of the sectors which the party claims to represent.
sectors which have different, even conflicting, causes and
needs; second, the sectors of homeowners associations, 3.Resolution 137 dated November 14, 2012 in SPP No. 12-145
entrepreneurs and cooperatives are not marginalized and (PL)
underrepresented; and third, three of the party's
nominees, a businessman and two lawyers, do not belong
to any marginalized and underrepresented sector. GUARDJAN's 138 petition for registration was denied on the
ground of its failure to prove its membership base and
solid track record. The group failed to present the activities
Among the petitioners, only the petitions for registration of ALAM, KALIKASAN, PPP that sufficiently benefited its intended constituency of
and GUARDJAN were denied by a division of the COMELEC in the first instance. The guards, utility helpers, aiders, riders, drivers, domestic
divisions' rulings were elevated to the COMELEC En Banc by virtue of motions for helpers, janitors, agents and nannies. Its nominees were
reconsideration, which were resolved via the following Resolutions: also found to be unqualified, as they do not belong to any
of the sectors which GUARDJAN seeks to represent;
1.Resolution 132 dated November 7, 2012 in SPP 12-127 (PL) rather, they are the owner, consultant or manager of
agencies which employ security guards. For the
The COMELEC En Banc affirmed the COMELEC Second Division's COMELEC En Banc, such circumstance will only result in
finding that ALAM 133 failed to sufficiently prove its track a conflict of interest between the owners or managers of
record as an organization, and to show that it actually security agencies on one hand, and the security guards on
represents and seeks to uplift the marginalized and the the other.
underrepresented. Further, the COMELEC En Banc ruled
that the myriad of sectors which ALAM seeks to 4.Resolution 139 dated December 5, 2012 in SPP No. 12-073
represent, i.e., community print journalists, news dealers, (PLM)
news sellers, newsboys, tribesmen who learned to love
the liberty of the press, B'laan tribesmen who cry for The COMELEC En Banc affirmed the findings of the COMELEC
ancestral lands, urban poor or informal settlers, drivers First Division, which cited in its Resolution 140 the failure
and small-time operators of transport units, poor residents of PPP 141 to show a constituency of marginalized and
in urban barangays, and labor and jury system advocates, underrepresented sectors. The group claims to represent
is too broad and unrelated to one another. Although there the entire four provinces and five cities of Region XII, all
is no prohibition against multi-sectoral representation in already belonging to eight congressional districts, and
the party-list system, a party, organization or coalition already represented by eight district congressmen.
which seeks registration must be capable of serving fully Furthermore, the group has failed to show a track record
all the sectors which it seeks to represent. HcaDIA of undertaking programs that are aimed at promoting the
welfare of the group or any sector that it claims to
2.Resolution 134 dated November 7, 2012 in SPP Case No. 12- represent. IcTCHD
061 (PP)
The issuance by the COMELEC En Banc of the foregoing resolutions prompted the
KALIKASAN, 135 a group which claims to be a pro-environment filing of the present petitions, which delve primarily on the following contentions:
political party representing the sectors of workers, informal
settlers, women, youth, elderly, fisherfolks, handicapped, First, the COMELEC En Banc committed grave abuse of discretion, amounting to lack
overseas workers and ordinary professionals who are or excess of jurisdiction, in issuing Resolution No. 9513. The petitioners challenge the
most vulnerable to the effects of climate change and COMELEC En Banc's authority under the Resolution to conduct an automatic review of
environmental degradation, 136 was denied registration, its division's resolutions notwithstanding the absence of a motion for reconsideration.
on the following grounds: (1) the principles and objectives For the petitioners, the COMELEC En Banc cannot dismiss with the procedural
requirement on the filing of motions for reconsideration under Rule 19 of the 1993 Third, the requirements of due process were satisfied because the petitioners were
COMELEC Rules of Procedure before it can review a decision or resolution rendered by given a fair and reasonable opportunity to be heard. The COMELEC's resolve to
any of its divisions in quasi-judicial proceedings. suspend its own rules was sanctioned by law, as it was aimed for a speedy disposition
of matters before the Commission. Furthermore, no petitioner had previously
As regards the COMELEC's resolve to determine, after summary evidentiary hearings, questioned the procedure that was adopted by the COMELEC on the review of the
the continuing compliance of previously-registered and accredited party-list groups, the parties' registration; instead, the groups voluntarily submitted to the Commission's
COMELEC En Banc denied the parties of their right to due process and has violated the jurisdiction and actively participated in its proceedings.
principle of res judicata that should have otherwise worked in the petitioners' favor.
Further, the COMELEC's exercise of its quasi-judicial powers, which they claim to Fourth, the COMELEC faithfully applied the grounds for denial and cancellation of a
include the cancellation of existing registration and accreditation, could not have been group's registration, as provided by statute and prevailing jurisprudence. The OSG
exercised at the first instance by the COMELEC En Banc, but should have been first specifically cites Sections 5 to 9 of RA 7941 and the eight-point guidelines in Ang
decided by a division of the Commission. Bagong Bayani. TADCSE

Second, the COMELEC En Banc committed grave abuse of discretion, amounting to Fifth, the COMELEC's findings of fact in each petitioner's case are supported by
lack or excess of jurisdiction, in refusing or cancelling the petitioners' registration and substantial evidence; thus, are final and non-reviewable as provided in Section 5, Rule
accreditation under the party-list system. The petitioners assail the COMELEC En 64 of the 1997 Rules of Civil Procedure.
Banc's appreciation of facts and application of pertinent laws and jurisprudence,
especially the eight-point guidelines in Ang Bagong Bayani, in determining their sectors', In prcis, the fifty-three (53) consolidated petitions concern two main issues: the
groups' and nominees' respective qualifications. procedural issue as to the COMELEC En Banc's power to automatically review a
decision of its division without the requisite filing of a motion for reconsideration, and the
Given the common questions and the similarity in the issues that are raised in the 53 substantive issue as to the COMELEC's alleged grave abuse of discretion in denying or
subject petitions, the Court has resolved, through its Resolutions of November 13, 2012, cancelling the registration and/or accreditation under the party-list system of the
November 20, 2012, November 27, 2012, December 4, 2012, December 11, 2012 and petitioners.
February 19, 2013 to consolidate the petitions, and require the COMELEC to comment
thereon. I signify my assent to the ponencia's rulings on the procedural issue; however,
consistent with afore-quoted pronouncement of the Court in Ang Bagong Bayani, 143 I
With the petitioners' inclusion in their respective petitions of prayers for the issuance of signify my strong dissent on major points in the ponencia's resolution of the substantive
temporary restraining order and/or writ of preliminary injunction, the Court also ordered, issue, including its discussions on the nature of the party-list system and its disposition
via the afore-mentioned resolutions, the issuance of Status Quo Ante Orders (SQAOs) on the qualifications of political parties which seek to participate under the party-list
in all the petitions. HDATCc system of representation. Furthermore, notwithstanding the new standards that the
ponencia now provides for party-list groups, the remand of all 53 petitions to the
The Office of the Solicitor General (OSG), as counsel for the respondent COMELEC, COMELEC is unnecessary.
filed its Consolidated Comments on the petitions. In refuting the petitioners' claim of
grave abuse of discretion against the COMELEC, the OSG submitted the following Procedural Aspect
arguments: 142
The Powers and Functions of the
COMELEC
First, the COMELEC has the power to review existing party-list groups' or organizations'
compliance with the requirements provided by law and the guidelines set by
Under the present Constitution, the COMELEC is recognized as the sole authority in the
jurisprudence on the party-list system. The OSG cites Section 2, Article IX-C of the
enforcement and administration of election laws. This grant of power retraces its history
1987 Constitution which enumerates the powers and functions of the COMELEC, giving
in the 1935 Constitution. From then, the powers and functions of the COMELEC had
emphasis on paragraph 1 thereof that gives the Commission the power to enforce and
continuously been expounded to respond to the call of contemporary times. In Mendoza
administer all laws and regulations relative to the conduct of an election, and paragraph
v. Commission on Elections, 144 the Court briefly noted:
5 that cites the Commission's power to register political parties, organizations or
coalitions.
Historically, the COMELEC has always been an administrative
agency whose powers have been increased from the 1935
Second, the COMELEC's review of the parties' qualifications was a valid exercise by the
Constitution to the present one, to reflect the country's awareness
COMELEC of its administrative powers; hence, the COMELEC En Banc could have,
of the need to provide greater regulation and protection to our
even at the first instance, ruled on it.
electoral processes to ensure their integrity. In the 1935
Constitution, the powers and functions of the COMELEC were 1.Enforce and administer all laws and
defined as follows: HSaIDc regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and
SECTION 2. The Commission on Elections shall have recall.
exclusive charge of the enforcement and administration of
all laws relative to the conduct of elections and shall 2.Exercise exclusive original jurisdiction over
exercise all other functions which may be conferred upon all contests relating to the elections, returns,
it by law. It shall decide, save those involving the right to and qualifications of all elective regional,
vote, all administrative questions affecting elections, provincial, and city officials, and appellate
including the determination of the number and location of jurisdiction over all contests involving elective
polling places, and the appointment of election inspectors municipal officials decided by trial courts of
and of other election officials. All law enforcement general jurisdiction, or involving elective
agencies and instrumentalities of the Government, when barangay officials decided by trial courts of
so required by the Commission, shall act as its deputies limited jurisdiction.
for the purpose of insuring free, orderly, and honest
election. The decisions, orders, and rulings of the Decisions, final orders, or rulings of the
Commission shall be subject to review by the Supreme Commission on election contests involving
Court. . . . elective municipal and barangay offices shall
be final, executory, and not appealable.
These evolved into the following powers and functions under the
1973 Constitution: 3.Decide, except those involving the right to
vote, all questions affecting elections, including
(1)Enforce and administer all laws relative to determination of the number and location of
the conduct of elections. polling places, appointment of election officials
and inspectors, and registration of voters.
(2)Be the sole judge of all contests relating to aTCAcI
the elections, returns, and qualifications of all
members of the National Assembly and 4.Deputize, with the concurrence of the
elective provincial and city officials. President, law enforcement agencies and
instrumentalities of the Government, including
(3)Decide, save those involving the right to the Armed Forces of the Philippines, for the
vote, administrative questions affecting exclusive purpose of ensuring free, orderly,
elections, including the determination of the honest, peaceful, and credible elections.
number and location of polling places, the
appointment of election officials and 5.Register, after sufficient publication, political
inspectors, and the registration of voters. parties, organizations, or coalitions which, in
cCAaHD addition to other requirements, must present
their platform or program of government; and
These powers have been enhanced in scope and details under the accredit citizens' arms of the Commission on
1987 Constitution, . . . 145 Elections. Religious denominations and sects
shall not be registered. Those which seek to
achieve their goals through violence or
Under the 1987 Constitution, the intent to reinforce the authority of the COMELEC is unlawful means, or refuse to uphold and
evident in the grant of several other powers upon the Commission, specifically under adhere to this Constitution, or which are
Section 2, Article IX-C thereof which reads: supported by any foreign government shall
likewise be refused registration.
Section 2.The Commission on Elections shall exercise the following
powers and functions: Financial contributions from foreign
governments and their agencies to political
parties, organizations, coalitions, or candidates
related to elections, constitute interference in controversies arising in the enforcement of election laws and to be the sole judge of all
national affairs, and, when accepted, shall be pre-proclamation controversies and of all contests relating to the elections, returns, and
an additional ground for the cancellation of qualifications. Its quasi-legislative power refers to the issuance of rules and regulations
their registration with the Commission, in to implement the election laws and to exercise such legislative functions as may
addition to other penalties that may be expressly be delegated to it by Congress. Its administrative function refers to the
prescribed by law. enforcement and administration of election laws. 147 cTSDAH

6.File, upon a verified complaint, or on its own In Baytan v. COMELEC, 148 the Court had the occasion to pass upon the classification
initiative, petitions in court for inclusion or of the powers being exercised by the COMELEC, thus:
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of The COMELEC's administrative powers are found in Section 2
election laws, including acts or omissions (1), (3), (4), (5), (6), (7), (8), and (9) of Article IX-C. The 1987
constituting election frauds, offenses, and Constitution does not prescribe how the COMELEC should
malpractices. exercise its administrative powers, whether en banc or in division.
The Constitution merely vests the COMELEC's administrative
7.Recommend to the Congress effective powers in the "Commission on Elections," while providing that the
measures to minimize election spending, COMELEC "may sit en banc or in two divisions." Clearly, the
including limitation of places where COMELEC en banc can act directly on matters falling within its
propaganda materials shall be posted, and to administrative powers. Indeed, this has been the practice of the
prevent and penalize all forms of election COMELEC both under the 1973 and 1987 Constitutions.
frauds, offenses, malpractices, and nuisance
candidacies. IDAESH On the other hand, the COMELEC's quasi-judicial powers are
found in Section 2 (2) of Article IX-C, to wit:
8.Recommend to the President the removal of
any officer or employee it has deputized, or the "Section 2.The Commission on Elections shall exercise
imposition of any other disciplinary action, for the following powers and functions:
violation or disregard of, or disobedience to, its
directive, order, or decision.
xxx xxx xxx
9.Submit to the President and the Congress, a
comprehensive report on the conduct of each (2)Exercise exclusive original jurisdiction over all contests
election, plebiscite, initiative, referendum, or relating to the elections, returns, and qualifications of all
recall. elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general
Essentially, the COMELEC has general and specific powers. Section 2 (1) of Article IX- jurisdiction, or involving elective barangay officials decided
C partakes of the general grant of the power to the COMELEC to "enforce and by trial courts of limited jurisdiction. 149 (Emphasis
administer all laws and regulations relative to the conduct of an election, plebiscite, supplied)
initiative, referendum and recall." The authority given to the COMELEC under this
provision encapsulates all the other powers granted to it under the Constitution. The
intention in providing this general grant of power is to give the COMELEC a wide The distinction on the nature of the power being exercised by the COMELEC is crucial
latitude in dealing with matters under its jurisdiction so as not to unduly delimit the to the procedure which has to be observed so as to stamp an official action with validity.
performance of its functions. Undoubtedly, the text and intent of this constitutional In the exercise of its adjudicatory or quasi-judicial powers, the Constitution mandates
provision is to give COMELEC all the necessary and incidental powers for it to achieve the COMELEC to hear and decide cases first by division and upon motion for
the objective of holding free, orderly, honest, peaceful and credible elections. 146 The reconsideration, by the COMELEC En Banc. 150 Section 3 of Article IX-C states:
rest of the enumeration in the mentioned provision constitutes the COMELEC's specific DAaIEc
powers.
Section 3.The Commission on Elections may sit en banc or in two
As to the nature of the power exercised, the COMELEC's powers can further be divisions, and shall promulgate its rules of procedure in order to
classified into administrative, quasi-legislative, quasi-judicial, and, in limited instances, expedite disposition of election cases, including pre-proclamation
judicial. The quasi-judicial power of the Commission embraces the power to resolve controversies. All such election cases shall be heard and decided in
division, provided that motions for reconsideration of decisions shall It is pursuant to this duty that the COMELEC found it imperative to promulgate
be decided by the Commission en banc. Resolution No. 9513. The said Resolution seeks to manage the registration of party-list
groups, organizations and coalitions that are aspiring to participate in the 2013 National
On the other hand, matters within the administrative jurisdiction of the COMELEC may and Local Elections, with the objective of ensuring that only those parties, groups or
be acted upon directly by the COMELEC En Banc without having to pass through any of organizations with the requisite character consistent with the purpose of the party-list
its divisions. 151 system are registered and accredited to participate in the party-list system of
representation.
The Issuance of Resolution No. 9513
as an Implement of the Power to Plainly, the resolution authorized the COMELEC En Banc to automatically review all
Register Political Parties, pending registration of party-list groups, organizations and coalitions and to set for
Organizations and Coalitions summary evidentiary hearings all those that were previously registered to determine
continuing compliance. To effectively carry out the purpose of the Resolution, the
COMELEC suspended Rule 19 of the 1993 COMELEC Rules of Procedure, specifically
One of the specific powers granted to the COMELEC is the power to register political the requirement for a motion for reconsideration.
parties, organizations and coalitions articulated in Section 2 (5) of Article IX-C of the
Constitution, thus:
In the implementation of Resolution No. 9513, a number of applicants for registration as
party-list group, organization or coalition were denied registration by the COMELEC En
(5)Register, after sufficient publication, political parties, Banc, while several others that were previously registered and/or accredited were
organizations, or coalitions which, in addition to other requirements, stripped of their status as registered and/or accredited party-list groups, organizations or
must present their platform or program of government; and accredit coalitions.
citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek
to achieve their goals through violence or unlawful means, or refuse Given the circumstances, I agree with the majority that the action of the COMELEC En
to uphold and adhere to this Constitution, or which are supported Banc was well-within its authority.
by any foreign government shall likewise be refused registration.
The arguments of the petitioners proceed from a feeble understanding of the nature of
xxx xxx xxx the powers being exercised by the COMELEC in which the procedure to be observed
depends. Indeed, in a quasi-judicial proceeding, the COMELEC En Banc does not have
the authority to assume jurisdiction without the filing of a motion for reconsideration. The
The essence of registration cannot be overemphasized. Registration and the formal filing of a motion for reconsideration presupposes that the case had been heard, passed
recognition that accompanies it are required because of the Constitution's concern upon and disposed by the COMELEC Division before the same is subjected to review of
about the character of the organizations officially participating in the elections. 152 the COMELEC En Banc. cITaCS
Specifically, the process of registration serves to filter the applicants for electoral seats
and segregate the qualified from the ineligible. The purity of this exercise is crucial to
the achievement of orderly, honest and peaceful elections which the Constitution In Dole Philippines, Inc. v. Esteva, 153 the Court defined quasi-judicial power, to wit:
envisions.
Quasi-judicial or administrative adjudicatory power on the other
The power to register political parties, however, is not a mere clerical exercise. The hand is the power of the administrative agency to adjudicate the
COMELEC does not simply register every party, organization or coalition that comes to rights of persons before it. It is the power to hear and determine
its office and manifests its intent to participate in the elections. Registration entails the questions of fact to which the legislative policy is to apply and to
possession of qualifications. The party seeking registration must first present its decide in accordance with the standards laid down by the law itself
qualifications before registration will follow as a matter of course. TAacIE in enforcing and administering the same law. The administrative
body exercises its quasi-judicial power when it performs in a judicial
manner an act which is essentially of an executive or administrative
Similar with all the specific powers of the COMELEC, the power to register political nature, where the power to act in such manner is incidental to or
parties, organizations and coalitions must be understood as an implement by which its reasonably necessary for the performance of the executive or
general power to enforce and administer election laws is being realized. The exercise of administrative duty entrusted to it. In carrying out their quasi-judicial
this power must thus be construed in a manner that will aid the COMELEC in fulfilling its functions the administrative officers or bodies are required to
duty of ensuring that the electoral exercise is held exclusive to those who possess the investigate facts or ascertain the existence of facts, hold hearings,
qualifications set by the law. weigh evidence, and draw conclusions from them as basis for their
official action and exercise of discretion in a judicial nature. Since
rights of specific persons are affected, it is elementary that in the
proper exercise of quasi-judicial power due process must be promulgate rules of procedure in order to expedite the disposition of cases, 162 it
observed in the conduct of the proceedings. 154 drafted the 1993 COMELEC Rules of Procedure which will govern pleadings, practice
and procedure before the Commission. Under Section 32 of the said Rules, the
To be clear, the COMELEC exercises quasi-judicial powers in deciding election registration of political parties or organizations is classified under Special Proceedings,
contests where, in the course of the exercise of its jurisdiction, it holds hearings and together with annulment of permanent list of voters and accreditation of citizen's arms of
exercises discretion of a judicial nature; it receives evidence, ascertains the facts from the Commission. In relation to this, Section 3 of Rule 3 states: SCaDAE
the parties' submissions, determines the law and the legal rights of the parties, and on
the basis of all these, decides on the merits of the case and renders judgment. 155 Section 3.The Commission Sitting in Divisions. The
Commission shall sit in two (2) Divisions to hear and decide
However, the registration of political parties, organizations and coalitions stated in protests or petitions in ordinary actions, special actions, special
Section 2 (5) of Article IX-C of the Constitution involves the exercise of administrative cases, provisional remedies, contempt, and special proceedings
power. The Court has earlier declared in Baytan that Sections 2 (1), (3), (4), (5), (6), (7), except in accreditation of citizens' arm of the Commission.
(8) and (9) of Article IX-C pertain to the administrative powers of the COMELEC. 156 It (Emphasis ours)
reiterated this pronouncement in Bautista v. COMELEC 157 where it further deliberated
on the distinctions between the administrative and quasi-judicial powers of the The same rule applies to the registration of party-list groups, organizations or coalitions.
COMELEC. And recently, in Magdalo v. COMELEC, 158 it made a categorical Thus, petitions for registration of party-list groups, organizations and coalitions are first
pronouncement that the power of the COMELEC to register political parties and heard by the COMELEC Division before they are elevated to the En Banc on motion for
ascertain the eligibility of groups to participate in the elections is purely administrative in reconsideration. It is this requirement for a motion for reconsideration of the resolutions
character. 159 of the COMELEC Division granting new petitions for registration that the COMELEC
suspended in Resolution No. 9513. In doing so, the COMELEC resorted to Section 4,
Distinguishing the nature of the power being exercised by the COMELEC is relevant Rule 1 of the 1993 COMELEC Rules of Procedure which reads:
because of the different set of rules that applies to each. For instance, in Canicosa v.
COMELEC, 160 the Court stressed that matters falling under the administrative Section 4.Suspension of the Rules. In the interest of justice and
jurisdiction of the COMELEC may be acted upon directly by the COMELEC En Banc. in order to obtain speedy disposition of all matters pending before
On the other hand, Section 3, Article IX-C of the Constitution underscores the the Commission, these rules or any portion thereof may be
requirement for a motion for reconsideration before the COMELEC En Banc may take suspended by the Commission.
action in quasi-judicial proceedings. DAHSaT
Surely, the suspension of the rule will serve the greater interest of justice and public
The COMELEC's determination as to whether a party is a political party entitled to good since the objective is to purge the list of registrants of those who are not qualified
registration is an exercise of its constitutional power of administering the laws relative to to participate in the elections of party-list representatives in Congress. Ultimately, it will
the conduct of elections. 161 The same principle applies in the registration of party-list help secure the electoral seats to the intended beneficiaries of RA 7941 and, at the
groups, organizations and coalitions. In the process of registration, the COMELEC same time, guard against fly-by-night groups and organizations that are seeking for the
determines whether the applicant possesses all the qualifications required under the opportune time to snatch a chance. By virtue of the suspension of the requirement for
law. There are no contending parties or actual controversy. It is merely the applicant motion for reconsideration, the COMELEC En Banc may then automatically review
proving his qualifications to participate in the elections. pending petitions for registration and determine if the qualifications under the law are
truly met. It is a measure that was pursued in order that the COMELEC may fulfill its
The foregoing ratiocination, however, does not suggest that the COMELEC En Banc duty to ensure the purity of elections. And, as the rules of procedure are designed to
can forthwith act on pending petitions for registration and subject previously-registered facilitate the COMELEC's performance of its duties, it must never be a stumbling block
party list groups, organizations and coalitions to summary evidentiary hearings to in achieving the very purpose of its creation.
determine continuing compliance simply because it is administrative in nature. Indeed, it
may do so, but only with respect to the latter group. With respect to the second group, the COMELEC En Banc may directly order the
conduct of summary evidentiary hearings to determine continuing compliance
I distinguish between (1) new or pending petitions for registration (referred to as the first considering that there is no specific procedure on this matter. The petitioners cannot
group), and; (2) previously registered and/or accredited party-list groups, organizations invoke Section 3, Rule 3 of the 1993 COMELEC Rules of Procedure since this provision
and coalitions (referred to as the second group). relates only to new petitions for registration. Absent a special rule or procedure, the
COMELEC En Banc may directly act or perform an otherwise administrative function,
consistent with our pronouncement in Canicosa.
As regards the first group, the COMELEC En Banc cannot directly act on new petitions
for registration as there is a specific procedure governing the performance of this
function. It bears noting that pursuant to the authority vested in the COMELEC to The authority of the COMELEC En Banc to subject previously-registered and/or
accredited party-list groups, organizations and coalitions to summary evidentiary
hearing emanates from its general power to enforce and administer all laws and Therefore, it is my view that the COMELEC cannot be estopped from cancelling existing
regulations relative to the conduct of an election 163 and duty to ensure "free, orderly, registration and/or accreditation in case the concerned party-list group or organization
honest, peaceful and credible elections." 164 Part and parcel of this duty is the failed to maintain its qualifications. Being the authority which permits registration and/or
maintenance of a list of qualified candidates. Correlative to this duty of the COMELEC is accreditation, it also has the power to cancel the same in the event that the basis of the
the duty of the candidate or, in this case, the registered party-list groups, organizations grant no longer exists. SHADcT
or coalitions to maintain their qualifications. TEDaAc
Inapplicability of the Doctrine of Res
Consistent with the principle that the right to hold public office is a privilege, it is Judicata
incumbent upon aspiring participants in the party-list system of representation to
satisfactorily show that they have the required qualifications stated in the law and Similarly, the COMELEC cannot be precluded from reviewing pending registration and
prevailing jurisprudence. Specifically, a party-list group or organization applying for existing registration and/or accreditation of party-list groups, organizations and
registration in the first instance must present sufficient evidence to establish its coalitions on the ground of res judicata. It has been repeatedly cited in a long line of
qualifications. It is only upon proof of possession of qualifications that registration jurisprudence that the doctrine of res judicata applies only to judicial or quasi-judicial
follows. proceedings, not to the exercise of administrative powers. 167

The process, however, does not end with registration. Party-list groups and Moreover, the application of the doctrine of res judicata requires the concurrence of four
organizations that are previously allowed registration and/or accreditation are duty- (4) elements, viz.: (1) the former judgment or order must be final; (2) it must be a
bound to maintain their qualifications. judgment or order on the merits, that is, it was rendered after a consideration of the
evidence or stipulations submitted by the parties during the trial of the case; (3) it must
In Amores v. House of Representatives Electoral Tribunal, 165 the Court emphasized: have been rendered by a court having jurisdiction over the subject matter and the
parties; and (4) there must be, between the first and second actions, identity of parties,
Qualifications for public office are continuing requirements and subject matter and causes of action. 168
must be possessed not only at the time of appointment or
election or assumption of office but during the officer's entire Here, the resolutions of the COMELEC Division, allowing the registration of the
tenure. Once any of the required qualifications is lost, his title applicant party-list groups and organizations do not partake of a final judgment or order.
may be seasonably challenged. 166 A final judgment or order is one that finally disposes of a case, leaving nothing more to
be done by the Court in respect thereto, e.g., an adjudication on the merits which, on
It can be gathered from the foregoing that the fact that a candidate who was allowed to the basis of the evidence presented at the trial, declares categorically what the rights
participate in the elections and hold office does not give him a vested right to retain his and obligations of the parties are and which party is right. Once rendered, the task of
position notwithstanding loss of qualification. The elective official must maintain his the Court is ended, as far as deciding the controversy or determining the rights and
qualifications lest he loses the right to the office he is holding. liabilities of the litigants is concerned. 169 ETHCDS

Further, the fact that a candidate was previously allowed to run or hold public office The resolutions of the COMELEC Division cannot be considered an adjudication on the
does not exempt him from establishing his qualifications once again in case he bids for merits since they do not involve a determination of the rights and liabilities of the parties
reelection. He must maintain and attest to his qualifications every time he is minded to based on the ultimate facts disclosed in the pleadings or in the issues presented during
join the electoral race. Thus, he is required to file a certificate of candidacy even if he is the trial. 170 They are simply recognition by the COMELEC that the applicant party-list
an incumbent elective official or previously a candidate in the immediately preceding or organization possesses the qualifications for registration. They do not involve the
elections. settlement of conflicting claims; it is merely an initiatory procedure for the conduct of
elections. On the other hand, previous registration and/or accreditation only attests to
the fact that the concerned party-list group, organization or coalition satisfactorily proved
Similar to individual candidates, registered party-list groups, organizations and its qualifications to run as party-list representative in the immediately preceding
coalitions must also establish their continuing compliance with the requirements of the elections. It does not, however, create a vested right in favor of the registered party-list
law which are specific to those running under the party-list system of representation. group, organization or coalition to participate in the succeeding elections.
Registration does not vest them the perpetual right to participate in the election. The
basis of the right to participate in the elections remains to be the possession of
qualifications. Resolution No. 9513 is a formal recognition of the COMELEC's duty to The resolutions of the COMELEC Division cannot also become final as to exempt the
ensure that only those who are qualified must be allowed to run as party-list party-list group or organization from proving his qualifications in the succeeding
representative. It cannot be defeated by a claim of previous registration. elections. As in individual candidate, a party-list group, organization or coalition desiring
to participate in the elections must possess the required qualifications every time it
manifests its intent to participate in the elections. It must prove and attest to its
possession of the required qualifications every time it bids for election.
The inapplicability of the doctrine of res judicata is even made more apparent by the fact determining the parties' continuing compliance with rules on party-list groups. The
that the group, organization or coalition which was denied registration may still apply for notice requirement was satisfied by the COMELEC through its issuance of the Order
registration in succeeding elections and even be allowed registration provided that the dated August 2, 2012, 172 which notified the party-list groups of the Commission's
qualifications are met. The same holds true with previously registered and/or accredited resolve to conduct summary evidentiary hearings, the dates thereof, and the purpose
party-list group, organization or coalition which was stripped of its registration and/or for which the hearings shall be conducted. The specific matters that are expected from
accreditation. them by the Commission are also identified in the Order, as it provides:

Procedural due process was properly To simplify the proceedings[,] the party-list groups or organizations
observed. thru counsel/s shall submit the following:

There is even no merit in the petitioners' claim that their right to procedural due process 1.The names of witness/es who shall be the
was violated by the COMELEC's automatic review and conduct of summary evidentiary Chairperson, President or Secretary General of
hearings under Resolution No. 9513. ASCTac the party-list groups, organization or coalition;
ICTaEH
As regards the first group, I have explained why I deem the COMELEC's suspension of
its own rules on motions for reconsideration justified, given its duty to ensure that votes 2.Judicial Affidavit/s of the witness/es to be
cast by the electorate in the party-list elections will only count for qualified party-list submitted at prior to the scheduled hearing;
groups, in the end that the system's ideals will be realized. and

Equally important, the settled rule in administrative proceedings is that a fair and 3.Other documents to prove their continuing
reasonable opportunity to explain one's side satisfies the requirements of due process. compliance with the requirements of R.A.
Its essence is embodied in the basic requirements of notice and the real opportunity to No. 7941 and the guidelines in the Ang
be heard. 171 Bagong Bayani case. 173 (Emphasis
supplied)
Consistent with the foregoing, Section 6 of RA 7941 only commands the minimum
requirements of due notice and hearing to satisfy procedural due process in the refusal There is then no merit in most petitioners' claim that they were not informed of the
and/or cancellation of a party, organization or coalition's registration under the party-list grounds for which their existing registration and/or accreditation shall be tested,
system. It reads: considering that the parameters by which the parties' qualifications were to be assessed
by the COMELEC were explained in the Order.
Section 6.Refusal and/or Cancellation of Registration. The
COMELEC may, motu proprio or upon verified complaint of any That the parties were duly notified is further supported by their actual participation in the
interested party, refuse or cancel, after due notice and hearing, scheduled hearings and their submission of evidence they deemed sufficient which, in
the registration of any national, regional or sectoral party, turn, satisfied the requirement on the opportunity to be heard.
organization or coalition on any of the following grounds:
Substantive Aspect
xxx xxx xxx (Emphasis ours)
The common contention raised in the consolidated petitions is that the COMELEC erred
The petitioners then cannot validly claim that they were denied of their right to in assessing their qualifications which eventually led to the denial of their petitions for
procedural process. We shall not disregard the proceedings that ensued before the registration and cancellation of their registration and/or accreditation.
COMELEC's divisions, before whom the groups were given due notice and the ample
opportunity to present and substantiate their plea for registration. The COMELEC En A deliberation on the purpose and contemplation of the relevant laws and prevailing
Banc's resolution to later review the resolutions of its divisions did not render jurisprudence is imperative.
insignificant such due process already accorded to the groups, especially as we
consider that the En Banc decided on the basis of the evidence submitted by the groups
before the divisions, only that it arrived at factual findings and conclusions that differed The Party-List System of
from those of the latter. Representation

The second group's right to procedural process was also unimpaired, notwithstanding Contrary to the view of the majority, it is my staunch position that the party-list system,
the COMELEC's conduct of the summary evidentiary hearings for the purpose of being a complement of the social justice provisions in the Constitution, is primarily
intended to benefit the marginalized and underrepresented; the ideals of social justice In her sponsorship speech, Commissioner Nieva delved into the primacy of the
permeates every provision in the Constitution, including Section 5 (2), Article VI on the promotion of social justice in the ideals that the Constitution will carry. She explained:
party-list system. cCaDSA
Our Committee hopes that social justice will be the centerpiece of
The party-list system is a social justice tool designed not only to give more law to the the 1986 Constitution. The rationale for this is that social justice
great masses of our people who have less in life, but also to enable them to become provides the material and social infrastructure for the realization of
veritable lawmakers themselves, empowered to participate directly in the enactment of basic human rights the enhancement of human dignity and effective
laws designed to benefit them. 174 It is not simply a mechanism for electoral participation in democratic processes. Rights, dignity and
reform. To simply regard it as a mere procedure for reforming the already working and participation remain illusory without social justice.
existing electoral system is a superficial reading of RA 7941 and the Constitution, from
which the law breathed life. The idea is that by promoting the advancement of the Our February 1986 Revolution was not merely against the
underprivileged and allowing them an opportunity to grow, they can rise to become dictatorship nor was it merely a fight for the restoration of human
partners of the State in pursuing greater causes. rights; rather, this popular revolution was also a clamor for a more
equitable share of the nation's resources and power, a clamor
The ideals of social justice cannot be more emphatically underscored in the 1987 which reverberated in the many public hearings which the
Constitution. The strong desire to incorporate and utilize social justice as one of the Constitutional Commission conducted throughout the country.
pillars of the present Constitution was brought forth by the intent to perpetually
safeguard democracy against social injustices, desecration of human rights and If our 1986 Constitution would enshrine the people's aspirations as
disrespect of the laws which characterized the dark pages of our history. It is dramatically expressed in the revolution and ensure the stability,
reminiscent of the unified and selfless movement of the people in EDSA who, minuscule peace and progress of our nation, it must provide for social justice
in power and resources, braved the streets and reclaimed their freedom from the leash in a stronger and more comprehensive manner than did the
of dictatorship. The gallantry and patriotism of the masses and their non-negotiable previous Constitutions. IcaHCS
demand to reclaim democracy are the inspirations in the drafting of our Constitution.
xxx xxx xxx
The ambition of the framers of the Constitution for a state which recognizes social
justice at the forefront of its policies brought them to propose a separate article on social
justice and human rights. Initially, the proposed provision defined social justice as In Sections 1 and 2, the provisions mandate the State to give social
follows: justice the highest priority to promote equality in the social,
economic and political life of the nation through the redistribution of
our resources, wealth and power for the greater good. 176
SOCIAL JUSTICE
Further in the deliberations, Commissioner Bennagen remarked on the aspects of social
SECTION 1. Social Justice, as a social, economic, political, justice, viz.:
moral imperative, shall be the primary consideration of the
State in the pursuit of national development. To this end,
Congress shall give the highest priority to the formulation and MR. BENNAGEN: . . .
implementation of measures designed to reduce economic
and political inequalities found among citizens, and to promote We did not fail to incorporate aspects of attitudinal change, as well
the material structural conditions which promote and enhance as structural change, and these are fairly evident in the first two
human dignity, protect the inalienable rights of persons and sectors sections. As indicated in Section 1, we did emphasize that
to health, welfare and security, and put the material wealth and social justice should be a social, economic, political and moral
power of the community at the disposal of the common good. imperative. The moral component is important because we feel
DTIACH that a justice provision should be on the side of the poor, the
disadvantaged, the so-called deprived and the oppressed. This
SECTION 2. Towards these ends, the State shall regulate the is a point that has been raised a number of times especially by
acquisition, ownership, use and disposition of property and its fruits, social scientists. Specifically, I would like to mention Dr. Mahar
promote the establishment of self-reliant, socio-political and Mangahas who, in his extensive studies on social justice, feels
economic structures determined by the people themselves, protect that the State itself has been a major source of injustice and
labor, rationalize the use and disposition of land, and ensure the that, therefore, the State should be able to correct that and
satisfaction of the basic material needs of all. 175 (Emphasis must assume a moral stance in relation to the poor, the
supplied) deprived and the oppressed, a moral stance that we feel
should also permeate the bureaucracy, the technocracy and those who already have the power and resources who may be lesser in number but are
eventually, with the changes in structures, also the whole of in command of the machinery of the government.
our Philippine society. 177 (Emphasis ours)
As so fervently declared in the case of Ang Bagong Bayani, the party-list system of is a
Pursuant to the ends discussed by the framers of the Constitution, they came up with social justice mechanism, designed to distribute political power. In the said case, the
Article XIII which specifically deals with Social Justice and Human Rights. Section 1, Court held:
Article XIII of the Constitution carries the positive command to the Congress to uphold
social justice. It reads: The party-list system is a social justice tool designed not only to
give more law to the great masses of our people who have less
Section 1.The Congress shall give highest priority to the enactment in life, but also to enable them to become veritable lawmakers
of measures that protect and enhance the right of all the people to themselves, empowered to participate directly in the enactment
human dignity, reduce social, economic and political inequities by of laws designed to benefit them. It intends to make the
equitably diffusing wealth and political power for the common good. marginalized and the underrepresented not merely passive
recipients of the State's benevolence, but active participants in
xxx xxx xxx the mainstream of representative democracy. 178

One of the modes by which the Constitution seeks to achieve social justice is through The objective to hold the party-list system for the benefit of the marginalized and
the introduction of the party-list system. Sections 5 (1) and (2), Article VI thereof underrepresented is expressed in clear language of Section 2 of RA 7941. It reads:
provide:
Section 2.Declaration of policy. The State shall promote
Section 5.(1) The House of Representatives shall be composed of proportional representation in the election of representatives to the
not more than two hundred and fifty members, unless otherwise House of Representatives through a party-list system of registered
fixed by law, who shall be elected from legislative districts national, regional and sectoral parties or organizations or coalitions
apportioned among the provinces, cities, and the Metropolitan thereof, which will enable Filipino citizens belonging to
Manila area in accordance with the number of their respective marginalized and under-represented sectors, organizations
inhabitants, and on the basis of a uniform and progressive ratio, and parties, and who lack well-defined political constituencies
and those who, as provided by law, shall be elected through a but who could contribute to the formulation and enactment of
party-list system of registered national, regional, and sectoral appropriate legislation that will benefit the nation as a whole,
parties or organizations. to become members of the House of Representatives. Towards this
end, the State shall develop and guarantee a full, free and open
party system in order to attain the broadest possible representation
(2)The party-list representatives shall constitute twenty per centum of party, sectoral or group interests in the House of Representatives
of the total number of representatives including those under the by enhancing their chances to compete for and win seats in the
party-list. For three consecutive terms after the ratification of this legislature, and shall provide the simplest scheme possible.
Constitution, one-half of the seats allocated to party-list (Emphasis ours) AHECcT
representatives shall be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors A reading of Section 2 shows that the participation of registered national, regional and
as may be provided by law, except the religious sector. (Emphasis sectoral parties, organizations and coalitions in the party-list elections are qualified by
ours) cDIHES three (3) limiting characteristics: (1) they must consist of Filipino citizens belonging to
the marginalized and underrepresented sectors, organizations or coalitions; (2) who
lack well-defined political constituencies, (3) but who could contribute to the formulation
Considering that the provisions on party-list system of representation are not self- and enactment of appropriate legislation that will benefit the nation as a whole. The
executing, the Congress enacted RA 7941. The said law defined the parameters of the term "marginalized and underrepresented" effectively limits the party-list system
party-list system, the procedural guidelines and the qualifications of those intending to to sectors which directly need support and representation. The law could not have
participate in the exercise. In enacting RA 7941, the legislature did not mean to depart deemed to benefit even those who are already represented in the House of
from the impetus which impelled the members of the Constitutional Commission to Representatives lest it results to a wider gap between the powerful and the
provide for this scheme of representation social justice. The underlying principle underprivileged. In empowering the powerless, the law must necessarily tilt its partiality
remains to be the reduction of political inequality by equitably diffusing wealth and in favor of the marginalized and underrepresented if genuine social justice must be
political power. Certainly, there could be no other intended beneficiaries for this achieved.
provision than the powerless and underprivileged. It could not have been intended for
The favor of the law towards the marginalized and underrepresented, which was first participating in the election of their representatives is aligned
articulated by former Chief Justice Artemio Panganiban in Ang Bagong Bayani, was with the constitutional mandate to "reduce social, economic,
later affirmed and reiterated by no less than another former Chief Justice of this Court, and political inequalities, and remove cultural inequalities by
Reynato S. Puno, in his erudite separate opinion in BANAT v. COMELEC. 179 He equitably diffusing wealth and political power for the common
forcefully articulated: good"; the right of the people and their organizations to effective
and reasonable participation at all levels of social, political, and
History has borne witness to the struggle of the faceless masses to economic decision-making; the right of women to opportunities that
find their voice, even as they are relegated to the sidelines as will enhance their welfare and enable them to realize their full
genuine functional representation systemically evades them. It is potential in the service of the nation; the right of labor to participate
by reason of this underlying premise that the party-list system in policy and decision-making processes affecting their rights and
was espoused and embedded in the Constitution, and it is benefits in keeping with its role as a primary social economic force;
within this context that I register my dissent to the entry of major the right of teachers to professional advancement; the rights of
political parties to the party-list system. indigenous cultural communities to the consideration of their
cultures, traditions and institutions in the formulation of national
plans and policies, and the indispensable role of the private sector
xxx xxx xxx in the national economy. DaCTcA

. . . With all due respect, I cannot join this submission. We stand xxx xxx xxx
on solid grounds when we interpret the Constitution to give
utmost deference to the democratic sympathies, ideals and
aspirations of the people. More than the deliberations in the In sum, the evils that faced our marginalized and
Constitutional Commission, these are expressed in the text of underrepresented people at the time of the framing of the 1987
the Constitution which the people ratified. Indeed, it is the Constitution still haunt them today. It is through the party-list
intent of the sovereign people that matters in interpreting the system that the Constitution sought to address this systemic
Constitution. . . . dilemma. In ratifying the Constitution, our people recognized how
the interests of our poor and powerless sectoral groups can be
frustrated by the traditional political parties who have the machinery
xxx xxx xxx and chicanery to dominate our political institutions. If we allow
major political parties to participate in the party-list system electoral
Everybody agrees that the best way to interpret the Constitution is process, we will surely suffocate the voice of the marginalized,
to harmonize the whole instrument, its every section and clause. frustrate their sovereignty and betray the democratic spirit of the
We should strive to make every word of the fundamental law Constitution. That opinion will serve as the graveyard of the party-
operative and avoid rendering some words idle and nugatory. The list system.
harmonization of Article VI, Section 5 with related
constitutional provisions will better reveal the intent of the The intent of the Constitution to keep the party-list system exclusive to the marginalized
people as regards the party-list system. Thus, under Section 7 and underrepresented sectors is then crystal clear. To hold otherwise is to frustrate
of the Transitory Provisions, the President was permitted to fill by the spirit of the law and the sacred intention to hold inviolable the safeguards of
appointment the seats reserved for sectoral representation under social justice embedded in the Constitution.
the party-list system from a list of nominees submitted by the
respective sectors. This was the result of historical precedents that
saw how the elected Members of the interim Batasang Pambansa In the same line, RA 7941 must not be interpreted as merely a mode for electoral
and the regular Batasang Pambansa tried to torpedo sectoral reform. It could not have been that too simplistic. Far from being merely an electoral
representation and delay the seating of sectoral representatives on reform, the party-list system is one concrete expression of the primacy of social justice
the ground that they could not rise to the same levelled status of in the Constitution. It is well to remember that RA 7941 was only implementing the
dignity as those elected by the people. To avoid this bias against specific mandate of the Constitution in Section 5, Article VI. It should not be disengaged
sectoral representatives, the President was given all the leeway to from the purpose of its enactment. The purpose of the mentioned provision was not
"break new ground and precisely plant the seeds for sectoral simply to reform the electoral system but to initiate the equitable distribution of political
representation so that the sectoral representatives will take roots power. It aims to empower the larger portion of the populace who sulk in poverty and
and be part and parcel exactly of the process of drafting the law injustice by giving them a chance to participate in legislation and advance their causes.
which will stipulate and provide for the concept of sectoral DCSETa
representation." Similarly, limiting the party-list system to the
marginalized and excluding the major political parties from
The parameters under RA 7941 were also further elaborated by the Court in Ang SEC. 5.Registration. Any organized group of persons may
Bagong Bayani, which outlined the eight-point guidelines for screening party-list register as a party, organization or coalition for purposes of the
participants. Succinctly, the guidelines pertain to the qualifications of the (1) sector, (2) party-list system by filing with the COMELEC not later than ninety
party-list group, organization or coalition, and (3) nominee. These key considerations (90) days before the election a petition verified by its president or
determine the eligibility of the party-list group, organization or coalition to participate in secretary stating its desire to participate in the party-list system as
the party-list system of representation. Thus, for purposes of registration and continuing a national, regional or sectoral party or organization or a coalition of
compliance, three (3) basic questions must be addressed: such parties or organizations, attaching thereto its constitution,
bylaws, platform or program of government, list of officers, coalition
(1)Is the sector sought to be represented marginalized and agreement and other relevant information as the COMELEC may
underrepresented? require: Provided, That the sectors shall include labor peasant,
fisherfolk, urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans, overseas
(2)Is the party, organization or coalition qualified to represent the workers, and professionals. (Emphasis ours) CDaSAE
marginalized and underrepresented sector?
Based on the provision, there are at least twelve (12) sectors that are considered
(3)Are the nominees qualified to represent the marginalized and marginalized and underrepresented: labor, peasant, fisherfolk, urban poor, indigenous
underrepresented party, organization or coalition? cultural communities, elderly, handicapped, women, youth, veterans, overseas workers,
and professionals. The enumeration is, however, not exclusive. During the drafting of
In seriatim, I shall expound on what I deem should be the key considerations for our Constitution, the members of the Commission expressed reluctance to provide an
qualifying as a party-list group, organization or coalition. TEDAHI enumeration of the marginalized and underrepresented sectors because of their
apprehension that the longer the enumeration, the more limiting the law becomes. 181
The sector must be marginalized and Instead of an enumeration, then Commissioner Jaime Tadeo suggested the criteria by
underrepresented. which the determination of which sectors are marginalized can be based, viz.:

Section 2 of RA 7941 underscored the policy of the State in enacting the law. Tersely, 1.The number of people belonging to the sector;
the state aims to promote proportional representation by means of a Filipino-style party-
list system, which will enable the election to the House of Representatives of Filipino 2.The extent of marginalization, exploitation and deprivation of
citizens, social and economic rights suffered by the sector;

1)who belong to the marginalized and underrepresented sectors, 3.The absence of representation in the government, particularly in
organizations and parties; and the legislature, through the years;

2)who lack well-defined constituencies; but 4.The sector's decisive role in production and in bringing about the
basic social services needed by the people. 182
3)who could contribute to the formulation and enactment of
appropriate legislation that will benefit the nation as a The Constitutional Commission saw it fit to provide a set of standards which will
whole. 180 approximate the sectors that the Constitution regards as marginalized and
underrepresented and evaded a definite enumeration. The reason is that a specific
RA 7941 gives emphasis on the requirement that the party, organization or coalition enumeration is antithetical to the purpose of the party-list system. The party-list system
must represent a marginalized and underrepresented sector. A marginalized and of representation endeavors to empower the underprivileged sectors, tap their innate
underrepresented sector is a group of individuals who, by reason of status or condition, potentials and hone them to become productive and self-sustaining segments of the
are drawn towards the bottom of the social strata. Remote from the core of institutional society. Sooner, they are expected to graduate from their status as marginalized and
power, their necessities are often neglected and relegated to the least of the underrepresented. During the process, some formerly self-sufficient sectors may drift to
government's priorities. They endure inadequacies in provisions and social services and the bottom and regress to become the new marginalized sectors. The resilience in the
are oftentimes victims of economic, social and political inequalities. enumeration of the sectors accommodates this eventuality. STADIH

Section 5 of RA 7941 enumerates the sectors that are subsumed under the term Qualifications of the Party-List
Group, Organization or Coalition
"marginalized and underrepresented" and may register as a party-list group,
organization or coalition. It states:
Among the eight (8) points mentioned in the guidelines for screening party-list the evidence necessary to establish this fact. Without a convincing proof of legitimate
participants inAng Bagong Bayani, five (5) pertain to the qualifications of the party-list membership of a majority of the marginalized, the COMELEC has no reason to believe
group, organization or coalition. The first point in the enumeration reads: otherwise and may thus deny a petition for registration or cancel an existing registration.
EcICDT
First, the political party, sector, organization or coalition must
represent the marginalized and underrepresented groups identified The second guideline in Ang Bagong Bayani underscores the policy of the state to hold
in Section 5 of RA 7941. In other words, it must show through its the party-list system of representation exclusive to the marginalized and
constitution, articles of incorporation, by laws, history, platform of underrepresented, a distinguishing feature which sets our system apart from systems of
government and track record that it represents and seeks to party-list representation in other jurisdictions. The guideline states:
uplift marginalized and underrepresented sectors. Verily, majority of
its membership should belong to the marginalized and Second, while even major political parties are expressly allowed by
underrepresented. And it must demonstrate that in a conflict of RA 7941 and the Constitution to participate in the party-list system,
interests, it has chosen or is likely to choose the interest of such they must comply with the declared statutory policy of enabling
sectors. 183 "Filipino citizens belonging to marginalized and underrepresented
sectors . . . to be elected to the House of Representatives." . . . 184
Certainly, it takes more than a mere claim or desire to represent the marginalized and
underrepresented to qualify as a party-list group. There must be proof, credible and The second guideline was an offshoot of the declaration of policy in RA 7941.
convincing, to demonstrate the group's advocacy to alleviate the condition of the sector. Specifically, Section 2 of the statute emphasized the state's policy of promoting
ECTIcS proportional representation in the election of representatives to the House of
Representatives through a party-list system of registered national, regional and sectoral
The rigid requirement for the presentation of evidence showing the party's relation to the parties or organizations or coalitions thereof, which will enable Filipino citizens
causes of the sector goes to the uniqueness of the party-list system of representation. belonging to the marginalized and underrepresented sectors, organizations and parties,
In the party-list system of representation, the candidates are parties, organizations and . . . to become members of the House of Representatives. As it is exclusively for the
coalitions and not individuals. And while an individual candidate seeks to represent a marginalized and underrepresented, it is an inflexible requirement that the group
district or particular constituency, a party-list group vying for seats in the House of applying for registration must represent a sector. The rationale behind this qualification
Representatives must aim to represent a sector. It is thus important to ascertain that the was highlighted in Ang Bagong Bayani, thus:
party-list group, organization or coalition reflects the ideals of the sector in its
constitution and by-laws. It must have an outline of concrete measures it wishes to It is ironic, therefore, that the marginalized and underrepresented
undertake in its platform of government. Moreover, its track record must speak of its firm in our midst are the majority who wallow in poverty, destitution
advocacy towards uplifting the marginalized and underrepresented by undertaking and infirmity. It was for them that the party-list system was
activities or projects directly addressing the concerns of the sector. enacted to give them not only genuine hope, but genuine
power; to give them the opportunity to be elected and to
It is likewise imperative for the party-list group to show that it effectively represents the represent the specific concerns of their constituencies; and
marginalized and underrepresented. While a party-list group is allowed to represent simply to give them a direct voice in Congress and in the larger
various sectors, it must prove, however, that it is able to address the multifarious affairs of the State. In its noblest sense, the party-list system truly
interests and concerns of all the sectors it represents. That a multi-sectoral party-list empowers the masses and ushers a new hope for genuine
group undertakes projects and activities that only address the interests of some of the change. Verily, it invites those marginalized and
sectors, neglecting the concerns of the other marginalized and underrepresented underrepresented in the past the farm hands, the fisher folk,
sectors it supposedly represents, is nugatory to the objective of giving a meaningful and the urban poor, even those in the underground movement to
effective representation to the marginalized and underrepresented. come out and participate, as indeed many of them came out and
participated during the last elections. The State cannot now
Equally important is that the majority of the membership of the party-list group, disappoint and frustrate them by disabling and desecrating this
organization or coalition belong to the marginalized and underrepresented sector. This social justice vehicle. 185 cHEATI
means that a majority of the members of the sector must actually possess the attribute
which makes the sector marginalized. This is so because the primary reason why party- RA 7941 also provides that a party desiring to register and participate in the party-list
list groups are even allowed to participate in the elections of the members of the House elections must represent a marginalized and underrepresented sector. While the law did
of Representatives, who are normally elected by district, is to give a collective voice to not restrict the sectors that may be subsumed under the term "marginalized and
the members of the sectors who are oftentimes unheard or neglected. This intention is underrepresented", it must be construed in relation to the sectors enumerated in RA
put to naught if at least the majority of the members of the party-list do not belong to the 7941, the enabling law of Section 5, Article VI of the Constitution, to wit: labor, peasant,
same class or sector. Thus, it is incumbent upon the party-list applicant to present all fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women,
youth, veterans, overseas workers, and professionals. Based on the foregoing, a Madam President, the candidacy for the 198 seats is not limited to
mere association of individuals espousing shared "beliefs" and "advocacies" political parties. My question is this: Are we going to
cannot qualify as a marginalized and underrepresented sector. classify for example Christian Democrats and Social
Democrats as political parties? Can they run under the
The term "marginalized and underrepresented" is descriptive of the sector that may join party list concept or must they be under the district
the party-list elections. A sector pertains to a "sociological, economic or political legislation side of it only? TCaEAD
subdivision of the society" 186 which consists of individuals identified by the activity,
status or condition, or attribute that specifically pertains to them. It is identified by a MR. VILLACORTA.
common characteristic pertaining to the individuals composing the same. ESHAcI
In reply to that query, I think these parties that the Commissioner
On the other hand, an association of individuals espousing a common belief or mentioned can field candidates for the Senate as well as
advocacy is aptly called a group, not a sector. Specifically, advocacy groups consist of for the House of Representatives. Likewise, they can
individuals engaged in the "act of pleading for, supporting, or recommending active also field sectoral candidates for the 20 percent or 30
espousal" 187 of a cause. Contrary to a sector which is identified by a common percent, whichever is adopted, of the seats that we are
characteristic of the members, advocacy groups are identified by the causes that they allocating under the party list system.
promote. The members coalesced to pursue causes or fulfil patriotic ends that do not
specifically pertain to them, but even to those who are not part of their circle. MR. MONSOD.
In other words, the Christian Democrats can field district candidates
Certainly, it takes far more than beliefs and advocacies before a group of individuals and can also participate in the party list system?
can constitute a sector. There are underlying sociological and economic considerations MR. VILLACORTA.
in the enumeration of the sectors in the Constitution and RA 7941. These Why not? When they come to the party list system, they will be
considerations must be strictly observed lest we deviate from the objectives of RA 7941 fielding only sectoral candidates.
of providing a meaningful and effective representation to the marginalized and MR. MONSOD.
underrepresented. To relegate the contemplation of the law of what is a "marginalized May I be clarified on that? Can UNIDO participate in the party list
and underrepresented sector" to a mere association of individuals espousing a shared system?
belief or advocacy, is to disregard the essence of the party-list system of representation MR. VILLACORTA.
and the intent of the law to hold the system exclusive for the marginalized and Yes, why not? For as long as they field candidates who come
underrepresented. from the different marginalized sectors that we shall
designate in this Constitution.
Consistent with the purpose of the law, political parties may apply for registration and/or MR. MONSOD.
accreditation as a party-list provided that they are organized along sectoral lines. 188 Suppose Senator Taada wants to run under BAYAN group and
This pronouncement in Ang Bagong Bayani was expounded in BANAT by referring to says that he represents the farmers, would he qualify?
the exchange between the members of the Constitutional Commission, thus: aIAcCH
MR. VILLACORTA.
No, Senator Taada would not qualify.
MR. MONSOD. MR. MONSOD.
But UNIDO can field candidates under the party list system and say
Madam President, I just want to say that we suggested or proposed Juan dela Cruz is a farmer. Who would pass on whether
the party list system because we wanted to open up the he is a farmer or not?
political system to a pluralistic society through a multiparty MR. TADEO.
system. . . . We are for opening up the system, and we
would like very much for the sectors to be there. That Kay Commissioner Monsod, gusto ko lamang linawin ito. Political
is why one of the ways to do that is to put a ceiling on parties, particularly minority political parties, are not
the number of representatives from any single party prohibited to participate in the party list election if
that can sit within the 50 allocated under the party list they can prove that they are also organized along
system. . . . . sectoral lines.

xxx xxx xxx MR. MONSOD.

MR. MONSOD.
What the Commissioner is saying is that all political parties can organizations to effective and reasonable participation at all levels
participate because it is precisely the contention of political of social, political, and economic decision-making; the right of
parties that they represent the broad base of citizens and women to opportunities that will enhance their welfare and enable
that all sectors are represented in them. Would the them to realize their full potential in the service of the nation; the
Commissioner agree? right of labor to participate in policy and decision-making processes
affecting their rights and benefits in keeping with its role as a
MR. TADEO. primary social economic force; the right of teachers to professional
advancement; the rights of indigenous cultural communities to the
consideration of their cultures, traditions and institutions in the
Ang punto lamang namin, pag pinayagan mo ang UNIDO na isang formulation of national plans and policies, and the indispensable
political party, it will dominate the party list at mawawalang role of the private sector in the national economy.
saysay din yung sector. Lalamunin mismo ng political
parties ang party list system. Gusto ko lamang bigyan ng
diin ang "reserve." Hindi ito reserve seat sa marginalized xxx xxx xxx
sectors. Kung titingnan natin itong 198 seats, reserved din
ito sa political parties. There is no gainsaying the fact that the party-list parties are no
match to our traditional political parties in the political arena. This is
MR. MONSOD. borne out in the party-list elections held in 2001 where major
political parties were initially allowed to campaign and be voted for.
The results confirmed the fear expressed by some commissioners
Hindi po reserved iyon kasi anybody can run there. But my question in the Constitutional Commission that major political parties would
to Commissioner Villacorta and probably also to figure in the disproportionate distribution of votes: of the 162 parties
Commissioner Tadeo is that under this system, would which participated, the seven major political parties made it to the
UNIDO be banned from running under the party list top 50. 190 (Citations omitted)
system? aEACcS
By a vote of 8-7, the Court decided in BANAT to revert to its ruling in the 2000 case
MR. VILLACORTA. Veterans Federation Party v. Comelec 191 that major political parties are barred from
participating in the party-list elections, directly or indirectly. ATHCac
No, as I said, UNIDO may field sectoral candidates. On that
condition alone, UNIDO may be allowed to register for Consistent with our pronouncement in BANAT, I maintain that major political parties
the party list system. have advantages over minority political parties and sectoral parties in the party-list
MR. MONSOD. elections. By their broad constituency and full resources, it is easier for these major
May I inquire from Commissioner Tadeo if he shares that answer? political parties to obtain the required percentage of votes for party-list seats, a
MR. TADEO. circumstance which, in turn, only weakens the minority parties' chance to be elected.
The same.
MR. VILLACORTA.
Puwede po ang UNIDO, pero sa sectoral lines. 189 (Emphasis I, however, agree with the view of the majority that it is unjustified to absolutely
supplied) disqualify from the party-list system the major political parties solely by reason of their
In his erudite separate opinion in BANAT, former Chief Justice Reynato S. Puno classification as such. Nonetheless, the privilege to be accorded to them shall not be
expressed his approval of keeping the party-list system of representation exclusive to without reasonable restrictions. Political parties shall only be allowed to participate in
the marginalized and underrepresented sectors. To further safeguard the sanctity of the the party-list system if they do not field candidates in the election of legislative district
purpose of the law, he conveyed his vehement objection to the participation of major representatives. The justification therefor is reasonable. The party-list system was
political parties in the party-list system of representation because of the likelihood that adopted by the state purposely to enable parties which, by their limited resources and
they will easily trump the organizations of the marginalized. He opined: citizens base per district, find difficulty in placing representatives in Congress. Major
political parties that field candidates for district representatives can do so with ease,
given that they satisfy the standards set by Republic Act No. 7166, as amended by
Similarly, limiting the party-list system to the marginalized and Republic Act No. 9369, for their classification, to wit: (a) the established record of the
excluding the major political parties from participating in the election said parties, coalition of groups that now compose them, taking into account, among
of their representatives is aligned with the constitutional mandate to other things, their showing in past elections; (b) the number of incumbent elective
"reduce social, economic, and political inequalities, and remove officials belonging to them ninety (90) days before the election; (c) their identifiable
cultural inequalities by equitably diffusing wealth and political power political organizations and strengths as evidenced by their organized chapters; (d) the
for the common good"; the right of the people and their ability to fill a complete slate of candidates from the municipal level to the position of the
President; and (e) other analogous circumstances that may determine their relative The move to open the party-list system free-for-all will create a dangerous
organizations and strengths. As the Court explained in Ang Bagong Bayani: precedent as it will open the doors even to illegitimate organizations.
Organizations aspiring to join the party-list election can simply skirt the law and organize
(T)he purpose of the party-list provision is to open up the system, themselves as a political party to take advantage of the more lenient entrance. The
in order to enhance chance of sectoral groups and organizations organization need only to register as a political party to dispense with the stringent
to gain representation in the House of Representatives through requirement of representing a sector. It will automatically be off the hook from the
the simplest scheme possible. Logic shows that the system has danger of being disqualified on the ground that it is not representing a marginalized and
been opened to those who have never gotten a foothold within it underrepresented sector. Other organizations, even those organized as sectoral parties,
those who cannot otherwise win in regular elections and who may follow through and may even disrobe themselves as sectoral parties and opt to
therefore need the "simplest scheme possible" to do so. become political parties instead because it is the easier way to be allowed participation
Conversely, it would be illogical to open the system to those who in the party-list elections. Thus, once again, the causes of the marginalized and
have long been within it those privileged sectors that have underrepresented are lagged behind. acCTIS
long dominated the congressional district elections.
The second requirement for political parties is that they must not field in candidates for
The import of the open party-list system may be more vividly district representatives. The reason is that the party-list system is solely for the
understood when compared to a student dormitory "open house," marginalized and underrepresented. Certainly, political parties which are able to field in
which by its nature allows outsiders to enter the facilities. candidates for the regular seats in the House of Representatives cannot be classified as
Obviously, the "open house" is for the benefit of outsiders only, not such.
the dormers themselves who can enter the dormitory even without
such special privilege. In the same vein, the open party-list system The third guideline in Ang Bagong Bayani expresses the proscription against the
is only for the "outsiders" who cannot get elected through regular registration of religious groups as party-list groups. The idea is that the government acts
elections otherwise; it is not for the non-marginalized or for secular purposes and in ways that have primarily secular effects. 193 Despite the
overrepresented who already fill the ranks of Congress. 192 prohibition, members of a religious group may be nominated as representative of a
marginalized and underrepresented sector. The prohibition is directed only against
The contemplated limitation against the major political parties who wish to participate religious sectors registering as a political party 194 because the government cannot
may then allay the fear contemplated by the justification given in BANAT for the have a partner in legislation who may be driven by the dictates of faith which may not be
disqualification. TASCDI capable of rational evaluation.

Nonetheless, a guiding principle remains the same: the party-list system must be held The fourth and fifth guidelines in Ang Bagong Bayani pertain to disqualifying
exclusive for the marginalized and underrepresented. Regardless of the structure or circumstances which can justify the denial of the petition for registration of party,
organization of the group, it is imperative that it represents a marginalized and organization or coalition, thus:
underrepresented sector. Thus, it is my submission that political parties which seek to
participate in the party-list system must observe two rules: (1) they must be Fourth, a party or an organization must not be disqualified under
organized along sectoral lines; and (2) they must not field in candidates for Section 6 of RA 7941, which enumerates the grounds for
district representatives. disqualification as follows:

The importance of the requirement for representation of marginalized and "(1)It is a religious sect or denomination,
underrepresented sector cannot be overemphasized. The very essence of the party-list organization or association organized for
system of representation is to give representation to the voiceless sectors of the society. religious purposes;
It is the characteristic which distinguishes party-list representatives from the regular
district representatives in Congress. (2)It advocates violence or unlawful means to
seek its goal; IAETDc
That a party-list group must represent a marginalized and underrepresented
sector is the only hurdle which keeps all other organizations from joining the (3)It is a foreign party or organization;
party-list elections. If this lone filter we have against fly-by-night organizations will be
junked, then the COMELEC will be flocked with petitions for registration from
organizations created to pursue selfish ends and not to the benefit of the voiceless and (4)It is receiving support from any foreign
neglected sectors of the society. government, foreign political party, foundation,
organization, whether directly or through any of
its officers or members or indirectly through The sixth, seventh and eighth guidelines in Ang Bagong Bayani bear on the
third parties for partisan election purposes; qualifications of the nominees, viz.:

(5)It violates or fails to comply with laws, rules Sixth, the party must not only comply with the requirements of the
or regulations relating to elections; law; its nominees must likewise do so. Section 9 of RA 7941 reads
as follows:
(6)It declares untruthful statements in its
petition; SEC. 9.Qualifications of Party-List Nominees.
No person shall be nominated as party-list
(7)It has ceased to exist for at least one (1) representative unless he is a natural-born
year; or citizen of the Philippines, a registered voter, a
resident of the Philippines for a period of not
less than one (1) year immediately preceding
(8)It fails to participate in the last two (2) the day of the election, able to read and write,
preceding elections or fails to obtain at least a bona fide member of the party or
two per centum (2%) of the votes cast under organization which he seeks to represent for at
the party-list system in the two (2) preceding least ninety (90) days preceding the day of the
elections for the constituency in which it has election, and is at least twenty-five (25) years
registered." of age on the day of the election.

xxx xxx xxx In case of a nominee of the youth sector, he


must at least be twenty-five (25) but not more
Fifth, the party or organization must not be an adjunct of, or a than thirty (30) years of age on the day of the
project organized or an entity funded or assisted by, the election. Any youth sectoral representative who
government. By the very nature of the party-list system, the party or attains the age of thirty (30) during his term
organization must be a group of citizens, organized by citizens and shall be allowed to continue in office until the
operated by citizens. . . . 195 expiration of his term."

To be eligible for registration, the party, organization or coalition must prove that it Seventh, not only the candidate party or organization must
possesses all the qualifications and none of the disqualifications stated in the law. The represent marginalized and underrepresented sectors; so also must
grounds for disqualification stated in Section 6 of RA 7941 pertain to acts, status or its nominees. To repeat, under Section 2 of RA 7941, the nominees
conditions which render the applicant group an unsuitable partner of the state in must be Filipino citizens "who belong to marginalized and
alleviating the conditions of the marginalized and underrepresented. These disqualifying underrepresented sectors, organizations and parties." Surely, the
circumstances are drawn to further implement the state policy of preserving the party- interests of the youth cannot be fully represented by a retiree;
list system exclusively for the intended beneficiaries of RA 7941. ACTESI neither can those of the urban poor or the working class, by an
industrialist. To allow otherwise is to betray the State policy to give
On the other hand, the disqualification mentioned in the fifth guideline connotes that the genuine representation to the marginalized and underrepresented.
party-list group must maintain its independence from the government so that it may be AcSCaI
able to pursue its causes without undue interference or any other extraneous
considerations. Verily, the group is expected to organize and operate on its own. It must Eighth, as previously discussed, while lacking a well-defined
derive its life from its own resources and must not owe any part of its creation to the political constituency, the nominee must likewise be able to
government or any of its instrumentalities. By maintaining its independence, the group contribute to the formulation and enactment of appropriate
creates a shield that no influence or semblance of influence can penetrate and obstruct legislation that will benefit the nation as a whole. . . . 196
the group from achieving its purposes. In the end, the party-list group is able to
effectively represent the causes of the marginalized and underrepresented, particularly Except for a few, the basic qualifications of the nominee are practically the same as
in the formulation of legislation intended for the benefit of the sectors. those required of individual candidates for election to the House of Representatives. He
must be: (a) a natural-born citizen; (b) a registered voter; (c) a resident of the
Qualifications of the Nominees Philippines for a period of not less than one (1) year immediately preceding the day of
the election; (d) able to read and write; (e) bona fide member of the party or
organization which he seeks to represent for at least ninety (90) days before the day of
election; (f) at least twenty five (25) years of age on the day of election; (g) in case of a from the literal definition of who belongs to the sector. The strict interpretation also
nominee for the youth sector, he must at least be twenty-five (25) but not more than discourages growth, as in the nominee from the urban sector, since the moment he
thirty (30) years of age on the day of election. Owing to the peculiarity of the party-list rises from his status as such, he becomes disqualified to represent the party. HTSaEC
system of representation, it is not required that the nominee be a resident or a
registered voter of a particular district since it is the party-list group that is voted for and The second type of nominee addresses the gap. An advocate or one who is publicly
not the appointed nominees. He must, however, be a bona fide member of the party-list known to be pursuing the causes of the sector is equally capable of fulfilling the
group at least ninety (90) days before the elections. objective of providing a genuine and effective representation for the marginalized and
underrepresented. He is one who, notwithstanding social status, has always shown
The nominee must be a bona fide genuine concern for those who have less in life. Unlike the first type of nominee who
member of the marginalized and shares a common characteristic with the members of the group, the advocate shares
underrepresented sector with them a common aspiration and leads them towards achieving that end. He serves
as a catalyst that stirs movement so that the members of the sector may be encouraged
In some of the petitions, the COMELEC denied registration to the party, organization or to pursue their welfare. And though not bound with the group by something physical, he
coalition on the ground that the nominee does not belong to the sector he wishes to is one with them in spirit and heart. He is known for his genuine commitment and
represent. The quandary stems from the interpretation of who are considered as one selfless dedication to the causes of the sector and his track record boldly speaks of his
"belonging to the marginalized and underrepresented." The COMELEC supposed that advocacy.
before a person may be considered as one "belonging to the marginalized and
underrepresented sector," he must actually share with the rest of the membership that At the outset, it may seem that the foregoing ratiocination translates to a more lenient
common characteristic or attribute which makes the sector marginalized and entry for those aspiring to become a nominee. However, the standard of scrutiny should
underrepresented. SHAcID not change and nominees shall still be subject to the evaluation by the COMELEC of
their qualifications. They bear the burden of proof to establish by concrete and credible
The construction seemed logical but to be consistent with the letter of the law, it must be evidence that they are truly representative of the causes of the sector. They must
harmonized with Section 9 of RA 7941, the specific provision dealing with the present proof of the history of their advocacy and the activities they undertook for the
qualifications of the nominee. In the mentioned provision, aside from the qualifications promotion of the welfare of the sector. They must be able to demonstrate, through their
similarly required of candidates seeking to represent their respective districts, the track record, their vigorous involvement to the causes of the sector.
nominee is required to be a bona fide member of the party, a status he acquires when
he enters into the membership of the organization for at least ninety (90) days before The law puts a heavy burden on the nominee to prove his advocacy through his track
the election. From the point in time when the person acquires the status of being a bona record. To be clear, the track record is not a mere recital of his visions for the
fide member, he becomes one "belonging to the marginalized and underrepresented organization and the trivial activities he conducted under the guise of promoting the
sector." causes of the sector. He must actually and actively be espousing the interests of the
sector by undertaking activities directly addressing its concerns. DSATCI
It is my view that the foregoing interpretation accommodates two (2) types of nominees:
In Lokin, Jr. v. COMELEC, 197 the Court enumerated the list of evidence which the
1.One who actually shares the attribute or characteristic which party-list group and its nominees may present to establish their qualifications, to wit:
makes the sector marginalized or underrepresented (the
first type); The party-list group and the nominees must submit documentary
evidence in consonance with the Constitution, R.A. 7941 and other
2.An advocate or one who is genuinely and actively promoting the laws to duly prove that the nominees truly belong to the
causes of the sector he wishes to represent (the second marginalized and underrepresented sector/s, the sectoral party,
type). organization, political party or coalition they seek to represent,
which may include but not limited to the following:
The first type of nominee is one who shares a common physical attribute or status with
the rest of the membership. That he possesses this common characteristic of a.Track record of the party-list group/organization
marginalization is what entitles him to nomination as representative of the group. This is showing active participation of the nominee/s in the
because of the reasonable presumption that those who have experienced the undertakings of the party-list group/organization for the
inadequacies in the sector are the ones who can truly represent the same. However, advancement of the marginalized and underrepresented
there are instances when this strict construction becomes impracticable, if not sector/s, the sectoral party, organization, political party
altogether impossible. For instance, a representation from the organization of skilled or coalition they seek to represent;
workers working abroad is difficult to comply with without the nominee being excluded
b.Proofs that the nominee/s truly adheres to the to refer to election offenses enumerated under Sections 261 and 262, Article XXII of the
advocacies of the party-list group/organizations (prior Omnibus Election Code or any other acts or omissions that are inconsistent with the
declarations, speeches, written articles, and such other ideals of fair and orderly elections. It does not intend to cover even innocuous mistakes
positive actions on the part of the nominee/s showing or incomplete compliance with procedural requirements. AHSEaD
his/her adherence to the advocacies of the party-list
group/organizations); Accordingly, it is a mistake on the part of the COMELEC to suppose that failure to
comply with Section 8 of RA 7941 is within the contemplation of Section 6 (5) thereof.
c.Certification that the nominee/s is/are a bona fide Section 8 reads:
member of the party-list group/organization for at least
ninety (90) days prior to the election; and Section 8.Nomination of Party-List Representatives. Each
registered party, organization or coalition shall submit to the
d.In case of a party-list group/organization seeking COMELEC not later than forty-five (45) days before the election a
representation of the marginalized and list of names, not less than five (5), from which party-list
underrepresented sector/s, proof that the nominee/s is representatives shall be chosen in case it obtains the required
not only an advocate of the party-list/organization but number of votes.
is/are also a bona fide member/s of said marginalized
and underrepresented sector. 198 xxx xxx xxx

Regardless of whether the nominee falls under the first or second type, proof of his The language of the law is clear and unambiguous; it must be given its plain and literal
track record is required. The requirement is even more stringent for the second type of meaning. A reading of the provision will show that it is simply a procedural requirement
nominee as he must convincingly show, through past activities and undertakings, his relating to the registration of groups, organizations and coalitions under the party-list
sincere regard for the causes of the sector. The history of his advocacy and the system of representation. Plainly, it requires the applicant under the party-list system to
reputation he earned for the same will be considered in the determination of his submit a list of nominees, not less than five, at least forty-five (45) days before the
qualification. aEcHCD election. The group's compliance with this requirement is determinative of the action of
the COMELEC. In case of failure to comply, the COMELEC may refuse to act on the
Admittedly, the foregoing clarification partakes of a new guideline which the COMELEC petition for registration. If the applicant, on the other hand, tendered an incomplete
failed to take into consideration when it conducted automatic review of the petitions for compliance, as in submitting a list of less than five (5) nominees, the COMELEC may
registration and summary evidentiary hearings pursuant to Resolution No. 9513. ask it to comply or simply regard the same as a waiver. In no way can the mere
submission of the list be construed as a guarantee or attestation on the part of the
Disqualification of the nominee and group that all of the nominees shall be qualified especially that the assessment of
its effects qualifications is a duty pertaining solely to the COMELEC. In the same way, the
provision did not intend to hold the group liable for violation of election laws for such a
shortcoming and to mete out the same with the penalty of disqualification. Such an
In a number of resolutions, the COMELEC disqualified some party-list groups on the absurd conclusion could not have been the intention of the law. DHSEcI
ground that one or some of its nominees are disqualified. Apparently, the COMELEC is
of the impression that the group, upon filing their petition for registration, must submit
names of at least five (5) nominees who must all be qualified. In the instances when Indeed, there are instances when one or some of the nominees are disqualified to
some of the nominees were found to be suffering from any disqualification, the represent the group but this should not automatically result to the disqualification of the
COMELEC deemed the party to have committed a violation of election laws, rules and latter. To hold otherwise is to accord the nominees the same significance which the law
regulations and denied its petition for registration. holds for the party-list groups of the marginalized and underrepresented. It is worthy to
emphasize that the formation of party-list groups organized by the marginalized and
underrepresented and their participation in the process of legislation is the essence of
I agree with the majority that the construction made by the COMELEC is misplaced. the party-list system of representation. Consistent with the purpose of the law, it is still
the fact that the party-list group satisfied the qualifications of the law that is material to
It is the COMELEC's supposition that when the party-list group included a disqualified consider. That one or some of its chosen agents failed to satisfy the qualifications for
nominee in the list of names submitted to the COMELEC, it is deemed to have the position should not unreasonably upset the existence of an otherwise legitimate
committed the violation stated in Section 6 (5) 199 of RA 7941. This feeble deduction, party-list group. The disqualification of the nominees must simply be regarded as failure
however, is not within the contemplation of the law. The mentioned provision does not to qualify for an office or position. It should not, in any way, blemish the qualifications of
suggest that all kinds of violations can be subsumed under Section 6 (5) and justify the the party-list group itself with defect.
disqualification of the group. To warrant such a serious penalty, the violation must be
demonstrative of gross and willful disregard of the laws or public policy. It must be taken
The point is that the party-list group must thus be treated separate and distinct from its In other words, the Court cannot countenance the action of the COMELEC in
nominees such that qualifications of the latter must not be considered part and parcel of disqualifying the party-list group due to the disqualification of one or some of the
the qualifications of the former. The features of the party-list system of representation nominees. There is simply no justifiable ground to support this action. It is unthinkable
are reflective of the intention of the law to treat them severally. how the COMELEC could have conceived the thought that the fate of the party-list
group depends on the qualifications of the nominees, who are mere agents of the
To begin with, the electorate votes for the party-list group or organization itself, not for group, especially that the agency between them is still subject to the condition that the
the individual nominees. 200 The nominees do not file a certificate of candidacy nor do group obtains the required percentage of votes to be entitled to a seat in the House of
they launch a personal campaign for themselves. 201 It is the party-list group that runs Representatives. Until this condition is realized, what the nominees have is a mere
as candidate and it is the name of the group that is indicated in the ballot. The list of expectancy. ScEaAD
nominees submitted to the COMELEC becomes relevant only when the party-list group
garners the required percentage of votes that will entitle it to a seat in Congress. At any It may also be helpful to mention that in Veterans Federation Party v. Commission on
rate, the party-list group does not cease in existence even when it loses the electoral Elections, 207 the Court emphasized the three-seat limit rule, which holds that each
race. And, should it decide to make another electoral bid, it is not required to keep its qualified party, regardless of the number of votes it actually obtained, is entitled only to
previous list of nominees and can submit an entirely new set of names. aCTcDS a maximum of three (3) seats. 208 The rule is a reiteration of Section 11 (b) 209 of RA
7941. Relating the principle to Section 8, it becomes more apparent that the action of
Further, there are separate principles and provisions of law pertaining to the the COMELEC was made with grave abuse of discretion. It bears noting that while
qualifications and disqualifications of the party-list group and the nominees. The Section 8 requires the submission of the names of at least five (5) nominees, Section 11
qualifications of the party-list group are outlined in Ang Bagong Bayani while the states that only three (3) of them can actually occupy seats in the House of
grounds for the removal/cancellation of registration are enumerated in Section 6 of RA Representatives should the votes they gather suffice to meet the required percentage.
7941. The two (2) other nominees in the list are not really expecting to get a seat in Congress
even when the party-list group of which they are members prevailed in the elections. If
at all, they can only substitute incumbent representatives, if for any reason, they vacate
On the other hand, Section 9 of the law governs the qualifications of the nominees. As the office. Therefore, if the right to office of three (3) of the nominees is based on a
to their disqualification, it can be premised on the ground that they are not considered mere expectancy while with the other two (2) the nomination is dependent on the
as one "belonging to the marginalized and underrepresented sector" or that they lack occurrence of at least two (2) future and uncertain events, it is with more reason that the
one or some of the qualifications. They may also be disqualified under Section 15 202 disqualification of one or some of the nominees should not affect the qualifications of
and Section 8 203 of RA 7941, particularly under the second paragraph thereof. Even the party-list group.
after the COMELEC's determination, interested parties may still question the
qualifications of the nominees through a petition to cancel or deny due course to the
nomination or petition for disqualification under Sections 1 204 and 2, 205 Rule 5 of the I have also observed that in some of the consolidated petitions, the party-list group
COMELEC Resolution No. 9366, respectively. submitted a list of nominees, with less than five (5) names stated in Section 8 of RA
7941. In some other petitions, only some out of the number of nominees submitted by
the party-list group qualified. Again, Section 8 must be construed as a procedural
It is worth emphasizing that the selection of nominees depends upon the choice of the requirement relative to registration of groups aspiring to participate in the party-list
members of the party-list group. It is a matter which cannot be legislated and is solely system of representation. In case of failure to comply, as in non-submission of a list of
dependent upon the will of the party. 206 More often than not, the choice of nominees is nominees, the COMELEC may deny due course to the petition. In case of incomplete
grounded on trust and confidence, not on the vague or abstract concepts of compliance, as when the party-list group submitted less than 5 names, it is my view that
qualifications under the law. The method or process by which the members of the party- the COMELEC must ask the group to comply with the admonition that failure to do so
list group choose their nominees is a matter internal to them. No set of rules or will amount to the waiver to submit 5 names. The implication is that if the party-list group
guidelines can be imposed upon them by the Court or the COMELEC in selecting their submitted only one qualified nominee and it garners a number of votes sufficient to give
representatives lest we be charged of unnecessarily disrupting a democratic process. it two (2) seats, it forfeits the right to have a second representative in Congress.
Therefore, for as long as the party-list group has one (1) qualified nominee, it must be
Regrettably, the COMELEC did intrude in the party-list groups' freedom to choose their allowed registration and participation in the election. The situation is different when the
nominees when it disqualified some of them on the ground that their nominees are party-list group submitted a list of nominees but none qualified and, upon being asked to
disqualified. While the COMELEC has the authority to determine the qualifications of the submit a new list of names, still failed to appoint at least one (1) qualified nominee. In
nominees, the disqualification of the group itself due to the failure to qualify of one or this case, the party can now reasonably be denied registration as it cannot, without at
some of the nominees is too harsh a penalty. The nexus between the COMELEC's least one qualified nominee, fulfill the objective of the law for genuine and effective
outright disqualification of the group due to the disqualification of the nominees and the representation for the marginalized and underrepresented, a task which the law
avowed objective of RA 7941 of encouraging the development of a "full, free and open imposes on the qualified nominee by participating in the "formulation and enactment of
party-list system" is extremely hard to decipher. AHDaET appropriate legislation that will benefit the nation as a whole." 210 More importantly, the
party-list group's inability to field in qualified nominees casts doubt on whether the group
is truly representative of the marginalized and underrepresented. Considering that the
majority of the group must belong to the marginalized and underrepresented, it should cases, as when the COMELEC's action on the appreciation and evaluation of evidence
not have any trouble appointing a qualified nominee. ADaSET oversteps the limits of discretion to the point of being grossly unreasonable, the Court is
not only obliged, but has the constitutional duty to intervene. When grave abuse of
Ruling on each of the petitions discretion is present, resulting errors arising from the grave abuse mutate from error of
judgment to one of jurisdiction. 215 To this exception falls the COMELEC's
disqualification of 1-UTAK, PASANG MASDA, BUTIL, AT and ARARO.
As opposed to the vote of the majority, I deem it unnecessary to remand ALL the
petitions to the COMELEC, completely disregarding the ground/s for the cancellation
or denial of the party-list groups' registration, and even on the supposition that the 1-UTAK and PASANG MASDA
ponencia had substantially modified the guidelines that are set forth in the Ang Bagong
Bayani. 1-UTAK is a sectoral organization composed of various transport drivers and operators
associations nationwide with a common goal of promoting the interest and welfare of
I vote, instead, to REMAND only the petitions of the party-list groups whose public utility drivers and operators. 216 On the other hand, PASANG MASDA is a
remaining ground for denial or cancellation of registration involves the new sectoral political party that mainly represents the marginalized and underrepresented
guideline on the qualifications of a party's nominees. While I agree on modifying the sectors of jeepney and tricycle drivers and operators across the National Capital
qualifications of major political parties, no remand is justified on this ground since none Region. 217 Contrary to the conclusion that was inferred by the COMELEC from the
of the 52 211 petitioners is a major political party. On all other issues, the standard of common circumstance that 1-UTAK and PASANG MASDA represent the sectors of
grave abuse of discretion shall already be applied by the Court. both public utility drivers and operators, it is not a sufficient ground to cancel their
respective registration as party-list group.
For an extraordinary writ of certiorari to be justified, the tribunal or administrative body
must have issued the assailed decision, order or resolution with grave abuse of To a great extent, the supposed conflict in the respective interests of public utility drivers
discretion. 212 In Mitra v. Commission on Elections, 213 the Court recognized that and operators is more apparent than real. It is true that there is a variance in the
along with the limited focus that attends petitions for certiorari is the condition, under economic interests of public utility drivers and operators; the former is concerned with
Section 5, Rule 64 of the Rules of Court, that findings of fact of the COMELEC, when wages while the latter is concerned with profits. However, what the COMELEC failed to
supported by substantial evidence, shall be final and non-reviewable. Substantial consider is that the two sectors have substantial congruent concerns and interests.
evidence is that degree of evidence that a reasonable mind might accept as sufficient to
support a conclusion. 214 To my mind, the interests of public utility drivers and operators are aligned with each
other in several instances. To name a few: first, the effects of fluctuation in the prices of
Guided by the foregoing principles, I vote to DISMISS the petitions for failure to petroleum products; second, their benefit from petitions for fare increase/reduction; and
substantiate grave abuse of discretion, and to AFFIRM THE COMELEC's DENIAL OR third, the implications of government policies affecting the transportation sector such as
CANCELLATION OF REGISTRATION, of the following party-list groups: traffic rules and public transport regulation. In these instances, it is mutually beneficial
GREENFORCE, KALIKASAN, UNIMAD, AAMA, APEC, 1-CARE, ALA-EH, 1BRO- for drivers and operators of public utility vehicles to work together in order to effectively
PGBI, 1GANAP/GUARDIANS, ASIN, Manila Teachers, KAKUSA, BANTAY, lobby their interests. Certainly, the interrelated concerns and interests of public utility
GUARDJAN, PACYAW, ARC, SMART, ALAM, ABANG LINGKOD, AKMA-PTM, drivers and operators far outweigh the supposed variance in their respective economic
BAYANI, FIRM 24-K, KAP, COCOFED, AANI, ABROAD, AG, ALONA, AGRI, 1ST interests. HIcTDE
KABAGIS, ARAL, BINHI, SENIOR CITIZENS, Atong Paglaum, ANAD, PBB, PPP,
1AAAP, ABP, AAB, AKB and AI. Accordingly, my view is that the COMELEC En Banc gravely abused its discretion in
cancelling the registration of 1-UTAK and PASANG MASDA as party-list groups on the
The COMELEC's conclusion on the said groups' failure to qualify, insofar as the ground of the sectors which they aim to represent.
grounds pertained to the sectors which they seek to represent and/or their capacity to
represent their intended sector finds support in established facts, law and jurisprudence. BUTIL

ON THE OTHER HAND, I find grave abuse of discretion on the part of the Similarly, the COMELEC gravely abused its discretion when it cancelled the registration
COMELEC in ruling on the disqualification of 1-UTAK, PASANG MASDA, BUTIL, AT of BUTIL on the alleged ground that the party failed to prove that the "agriculture and
and ARARO on the supposed failure of these parties to substantiate their eligibility as cooperative sectors," which the party represents, are marginalized and
a group, specifically on questions pertaining to their track record and the sectors underrepresented. 218
which they seek to represent. IHSTDE
In arriving at the said conclusion, the COMELEC noted that the Secretary-General of
Although as a general rule, the Court does not review in a certiorari case the BUTIL, Wilfredo A. Antimano affirmed in his judicial affidavit that BUTIL is an
COMELEC's appreciation and evaluation of evidence presented to it, in exceptional organization "representing members of the agriculture and cooperative sectors." From
this declaration, the COMELEC ruled that since the agriculture and cooperative sectors Time and again, the Court has recognized small agricultural workers as marginalized
are not enumerated in RA 7941, it is incumbent upon BUTIL to establish the fact that and underrepresented. Based on the records, BUTIL appears to fully adhere to and
the sectors it is representing are marginalized and underrepresented. Since the party work towards their cause. I also give due consideration to the fact that since the party-
failed to discharge this burden, the COMELEC cancelled the party's registration. list system was first implemented in 1998, the party had been able to obtain the
necessary votes for at least one seat in the House of Representatives. This affirms the
I stress, however, that in determining whether the group represents a marginalized and party's constituency that may deserve a continued representation in Congress.
underrepresented sector, all of the evidence submitted by the party should be duly
considered by the Commission. Thus, Antimano's statement in his judicial affidavit that AT
BUTIL represents the "agriculture and cooperative sectors" should be read in
conjunction with the other documents submitted by the party, including the oral AT is an incumbent party-list group that claims to represent six (6) marginalized sectors
testimony that was given by the party's witness. Significantly, during the clarificatory labor, urban poor, elderly, women, youth and overseas Filipino workers (OFWs). 220
hearing conducted by the Commission En Banc on August 23, 2012, Antimano In disqualifying AT, the COMELEC found that its incumbent representative,
explained: ScCEIA Congresswoman Daryl Grace J. Abayon, failed to author house measures that will uplift
the welfare of all the sectors it claims to represent. 221
CHAIRMAN BRILLANTES:
In so ruling, however, the COMELEC gravely abused its discretion in failing to
Isa lang. Gusto ko lang malaman, sino ho ang mga myembro nyo? appreciate that effective representation of sectors is not confined to the passage of bills
that directly identify or name all of the sectors it seeks to represent. In the case of AT,
MR. ANTIMANO: there is evidence that it adopted and co-sponsored House Bills that advanced the
interests, not only of the sectors it represents, but even other marginalized and
underrepresented sectors. 222 AT also established with sufficiency an exceptional track
Ang myembro po ng aming partido ay mga magsasaka, maliliit na record that demonstrates its genuine desire to uplift the welfare of all of the sectors it
magsasaka at maliliit na mangingisda sa kanayunan. represents. 223 It is broad enough to cover legislation which, while directly identifying
only some of the sectors as main beneficiaries, also benefits the rest of the sectors it
xxx xxx xxx seeks to represent.

CHAIRMAN BRILLANTES: ARARO

Ang tanong ko ho eh, gusto ko lang malaman, small farmers ang ARARO is a party-list group that seeks to represent peasants and the urban poor. It
inyong nire-represent? was disqualified by the COMELEC on the ground that these two sectors involve
MR. ANTIMANO: conflicting interests, for instance, in the matter of land use.
Opo.
CHAIRMAN BRILLANTES: However, I do not see, and the COMELEC failed to show, how the issue of land use can
Small fishermen, kasama ho ba yun? be conflicting between these sectors. Peasants generally belong to the class of
MR. ANTIMANO: marginal farmers, fisherfolk and laborers in the rural areas. On the other hand, the
Opo. urban poor, as the term connotes, are those in the urban areas. While they may have
CHAIRMAN BRILLANTES: different interests and concerns, these are not necessarily divergent.
Pati maliliit na mangingisda?
MR. ANTIMANO:
Opo, sa kanayunan. Meron po kasing maliliit na mangingisda sa I also do not adhere to the COMELEC's conclusion that ARARO's alliances with other
karagatan pero yung sa amin, yun pong maliliit na sectoral organizations "muddle" the sectors it represents. 224 These are mere alliances,
mangingisda na nag-aalaga ng maliliit na . . . 219 aTIAES i.e., ties. It does not necessarily follow that ARARO, because of these ties, will also
represent the interests of these sectors. As long as ARARO's platform continually
focuses on the enhancement of the welfare of the peasants and the urban poor, there
It can be reasonably gathered from the foregoing that Antimano's reference to the can be an effective representation in their behalf.
"agriculture and cooperative sector" pertains to small farmers and fishermen. Likewise,
on the basis of the evidence on record, the term "cooperative" in Antimano's affidavit
should be taken to refer to agricultural cooperatives which, by their nature, are still On the ground of grave abuse of discretion, I then vote to nullify the COMELEC's
comprised of agricultural workers. cancellation of the registration of 1-UTAK, PASANG MASDA, BUTIL, AT and ARARO
on the ground of these parties' supposed failure to prove their eligibility to represent
their intended sectors.
The COMELEC also committed grave abuse of discretion in ruling on the outright separate and distinct from the latter, not to treat them as equals but to give a higher
cancellation of the five parties' registration on the ground of the supposed failure of their regard to the party-list group itself. Thus, in the event that the nominees of the party-list
nominees to qualify. I have fully explained that the qualification of a party-list group shall group fail to qualify, the party-list group may still be afforded the chance to fill in
be treated separate and distinct, and shall not necessarily result from the qualification of qualified nominees to represent it. The reverse, however, is not true. The lack of
its nominees. ADScCE qualifications, or the possession of disqualifying circumstances by the group, impinges
on the legitimacy or the existence of the party-list group itself. Absent a qualified party-
In any case, my vote to nullify the aforementioned actions of the COMELEC shall not be list group, the fact that the nominees that are supposed to represent it are qualified does
construed to automatically restore the five parties' registration and accreditation, which not hold any significance.
would otherwise allow their participation in the May 2013 elections. As has been
discussed, each party must still be able to field in qualified nominees, as it is only Even though the ponencia modifies the qualifications for all national or regional
through them that the party may perform its legislative function in the event that it parties/organizations, IT STILL IS NOT NECESSARY TO REMAND ALL THE
garners the required percentage of votes for a seat in the House of Representatives. PETITIONS. It bears stressing that of the 52 petitioners, only eleven are national or
With this circumstance, and considering a new guideline on nominees' qualifications, I regional parties/organizations. The rest of the petitioners, as indicated in their
then find the necessity of remanding their petitions to the COMELEC. respective Manifestations of Intent and/or petitions, are organized as sectoral parties or
organizations.
ALIM, A-IPRA, AKIN, A
BLESSED Party-List and The party-list groups that are organized as national parties/organizations are:
AKO-BAHAY
1.Alliance for Nationalism and Democracy (ANAD) 225
The denial of the registration of AKIN, and the cancellation of the registration of ALIM, 2.Bantay Party-List (BANTAY) 226
A-IPRA, A BLESSED Party-List and AKO-BAHAY were based solely on the alleged 3.Allance of Bicolnon Party (ABP) 227
failure of their respective nominees to prove that they factually belong to the On the other hand, the following are regional parties/organizations:
marginalized and underrepresented sector that their parties seek to represent. I 1.Ako Bicol Political Party (AKB) 228
reiterate that a party-list group must be treated separate and distinct from its nominees; 2.Aksyon Magsasaka-Partido Tinig ng Masa (AKMA-PTM) 229
the outright disqualification of the groups on the said ground is not warranted. The 3.Ako an Bisaya (AAB) 230 DTcHaA
COMELEC's ruling to the contrary is an act exhibitive of grave abuse of discretion. 4.Kalikasan Party-List (KALIKASAN) 231
5.1 Alliance Advocating Autonomy Party (1AAAP) 232
Accordingly, I deem it appropriate to nullify the COMELEC's resolve to deny AKIN's 6.Abyan Ilonggo Party (AI) 233
registration and cancel the registration of ALIM, A-IPRA, A BLESSED Party-List and 7.Partido ng Bayan and Bida (PBB) 234
AKO-BAHAY. Nonetheless, as in the case of 1-UTAK, PASANG MASDA, BUTIL, AT
and ARARO, this does not necessarily restore or grant their registration under the 8.Pilipinas Para sa Pinoy (PPP) 235
party-list system. CITcSH
Accordingly, even granting credence to the ponencia's ratiocination, it does not follow
I submit that in view of my stand regarding the qualifications of nominees, specifically on that a remand of all the cases is justified; as we have pointed out the ponencia has
the two types of qualified nominees, it is only proper that the petitions that involve the been able to explain the necessity of a remand of only eleven petitions for further
ground of disqualification of the nominees be remanded to the COMELEC to afford it proceedings in the COMELEC, in addition to the ten petitions that I have recommended
the opportunity to revisit its rulings. In so doing, the COMELEC may be able to assess for remand.
the facts and the records, while being guided by the clarification on the matter. It must
be emphasized, however, that not all of the petitions necessitates a remand considering WHEREFORE, in light of the foregoing disquisitions, I vote to:
that from the records, only ten (10) out of the fifty-three (53) consolidated petitions
solely involved the disqualification of the party's nominees. The bulk of the petitions
consist of cancellation or denial of registration on the ground (1) that the party-list group 1.PARTLY GRANT the petitions in G.R. No. 204410, G.R. No. 204153, G.R. No.
does not represent a marginalized and underrepresented sector, or; (2) that the group 204356, G.R. No. 204174, G.R. No. 204367, G.R. No. 204341, G.R. No. 204125, G.R.
itself, on the basis of the pertinent guidelines enumerated in Ang Bagong Bayani, failed No. 203976, G.R. No. 204263 and G.R. No. 204364. The assailed Resolutions of the
to qualify. If the ground for the denial or cancellation of registration is disqualification on Commission on Elections (COMELEC) En Banc in SPP No. 12-198 (PLM), SPP No. 12-
the basis of sector or group, it is a futile exercise to delve into the qualifications of the 277 (PLM), SPP No. 12-136 (PLM), SPP No. 12-232 (PLM), SPP No. 12-104 (PL), SPP
nominees since notwithstanding the outcome therein, the party-list group remains No. 12-269 (PLM), SPP No. 12-292 (PLM), SPP No. 12-288 (PLM), SPP No. 12-257
disqualified. It is well to remember that the law provides for different sets of (PLM) and SPP No. 12-180 (PLM) shall be NULLIFIED insofar as these declared the
qualifications for the party-list group and the nominees. The law, while requiring that the outright disqualification of the parties 1-UTAK, PASANG MASDA, BUTIL, AT, AKIN,
party-list group must have qualified nominees to represent it, treats the former as ALIM, A-IPRA, ARARO, A Blessed Party List and AKO-BAHAY, respectively,
NULLIFIED insofar as these declared the outright disqualification of the parties 1- There is also a constitutional difference between the political parties that support those
UTAK, PASANG MASDA, BUTIL, AT, AKIN, ALIM, A-IPRA, ARARO, A Blessed who are candidates for legislative districts and those that participate in the party list
Party List and AKO-BAHAY, respectively, and their cases shall be REMANDED to the system. It is inconsistent for national political parties who have candidates for legislative
COMELEC, which shall be DIRECTED to: (a) allow the party-list groups to present districts to also run for party list. This, too, is the clear implication from the text of article
further proof that their nominees are actually qualified in light of the new guideline on VI, section 5 (1) of the Constitution.
the qualification of nominees, (b) evaluate whether the nominees are qualified to
represent the group, and (c) grant or deny registration depending on its determination; The insistence on the criteria of "marginalized and underrepresented" 6 has caused so
caITAC much chaos to the point of absurdity in our party list system. It is too ambiguous so as
to invite invidious intervention on the part of COMELEC, endangering the fundamental
2.DISMISS the petitions in G.R. No. 204139, G.R. 204370, G.R. No. 204379, G.R. No. rights to suffrage of our people. Hewing more closely with the text of the Constitution
204394, G.R. No. 204402, G.R. No. 204426, G.R. No. 204435, G.R. No. 204455, G.R. makes more sense under the present circumstances.
No. 204485, G.R. No. 204490, G.R. No. 204436, G.R. No. 204484, G.R. No. 203766,
G.R. Nos. 203818-19, G.R. No. 203922, G.R. No. 203936, G.R. No. 203958, G.R. No. Besides, there was no clear majority in support of the ratio decidendi relevant to our
203960, G.R. No. 203981, G.R. No. 204002, G.R. No. 204094, G.R. No. 204100, G.R. present cases in the case of Ang Bagong Bayani, et al. v. COMELEC 7 and BANAT v.
No. 204122, G.R. No. 204126, G.R. No. 204141, G.R. No. 204158, G.R. No. 204216, COMELEC. 8
G.R. No. 204220, G.R. No. 204236, G.R. No. 204238, G.R. No. 204239, G.R. No.
204240, G.R. No. 204318, G.R. No. 204321, G.R. No. 204323, G.R. No. 204358, G.R.
No. 204359, G.R. No. 204374, G.R. No. 204408, G.R. No. 204421, G.R. No. 204425, I vote for the grant of the Petitions and the nullification of COMELEC Resolution No.
G.R. No. 204428 and G.R. No. 204486. 9513, s. August 2, 2012. This will have the effect of reinstating the registration of thirty
nine (39) existing party list groups that have already registered for the 2010 elections
especially those that have won seats in the current Congress. This will also
LEONEN, J., concurring and dissenting: automatically remand the thirteen (13) cases of new party list registrants for proper
processing and evaluation by the Commission on Elections. cHCSDa
I agree with the ponencia in substance, but dissent in so far as there is no finding of
grave abuse of discretion on the part of the COMELEC. Textual analysis
of the relevant provisions
National political parties may participate in party list elections, provided that they have
no candidate for legislative districts. The constitution disqualifies political parties, which Different kind of political party in the party list system
have candidates for legislative districts, from the party list system. 1 I also agree that
they need not be organized sectorally and/or represent the "marginalized and
underrepresented". The core principle that defines the relationship between our government and those that
it governs is captured in the constitutional phrase that ours is a "democratic and
republican state". 9 A democratic and republican state is founded on effective
We take this opportunity to take a harder look at article VI section 5 (1) and (2) in the representation. It is also founded on the idea that it is the electorate's choices that must
light of article II section 1 of the Constitution. We now benefit from hindsight as we are be given full consideration. 10 We must always be sensitive in our crafting of doctrines
all witness to the aftermath of the doctrines enunciated in Ang Bagong Bayani-OFW lest the guardians of our electoral system be empowered to silence those who wish to
Labor Party v. COMELEC 2 as qualified by Veterans Federation Party v. COMELEC 3 offer their representation. We cannot replace the needed experience of our people to
and Barangay Association for National Advancement and Transparency v. COMELEC. mature as citizens in our electorate.
4 TAEDcS
We should read article VI, section 5 (1) and (2) in the light of these overarching
In my view, the Constitutional provisions have always created space for "national, consideration.
regional and sectoral parties and organizations" to join the party list system. It is
textually clear that national political parties or regional organizations do not need to be
organized on sectoral lines. Sectoral parties or organizations belong to a different Article VI, section 5 (1) provides:
category of participants in the party list system.
"(1)The House of Representative shall be composed of not more
Moreover, there is no constitutional requirement that all those who participate in the than two hundred and fifty members, unless otherwise fixed by
party list system "must represent the marginalized and underrepresented groups" as law, who shall be elected from legislative districts apportioned
mentioned in Republic Act No. 7941. 5 This law is unconstitutional in so far as it makes among the provinces, cities, and the Metropolitan Manila area in
a requirement that is not supported by the plain text of the Constitution. accordance with the number of their respective inhabitants, and
those who, as provided by law, shall be elected through a
party list system of registered national, regional and sectoral Historically, our electoral exercises privileged the popular and, perhaps, pedigreed
parties or organizations." (emphasis provided) individual candidate over platforms and political programs. 14 Political parties were
convenient amalgamation of electoral candidates from the national to the local level that
There are two types of representatives in the House of Representatives. Those in the gravitated towards a few of its leaders who could marshall the resources to supplement
first group are "elected from legislative districts". Those in the second group are "elected the electoral campaigns of their members. 15 Most elections were choices between
through a party list system of registered national, regional and sectoral parties and competing personalities often with very little discernible differences in their interpretation
organizations." TaCDIc and solutions for contemporary issues. 16 The electorate chose on the bases of
personality and popularity; only after the candidates were elected to public offices will
they later find out the concrete political programs that the candidate will execute. Our
The differences in terms of representation are clear. history is replete with instances where the programs that were executed lacked
cohesion on the basis of principle. 17 In a sense, our electoral politics alienated and
Those who are elected from legislative districts will have their name in the ballot. They marginalized large parts of our population.
present their persons as the potential agent of their electorate. It is their individual
qualifications that will be assessed by COMELEC on the basis of the Constitution and The party list system was introduced to challenge the status quo. It could not have been
relevant statutes. Should there be disqualification it would be their personal intended to enhance and further entrench the same system. It is the party or the
circumstances, which will be reviewed, in the proper case, by the House of organization that is elected. It is the party list group that authorizes, hopefully through a
Representatives Electoral Tribunal (HRET). The individual representative can lose democratic process, a priority list of its nominees. It is also the party list group that can
subsequent elections for various reasons, including dissatisfaction from those that delist or remove their nominees, and hence replace him or her, should he or she act
initially elected him/her into office. inconsistently with the avowed principles and platforms of governance of their
organization. In short, the party list system assists genuine political parties to evolve.
Incidentally, those who present themselves for election by legislative districts may or Genuine political parties enable true representation, and hence, provide the potential for
may not be supported by a registered political party. This may give them added political us to realize a "democratic and republican state". ISDCHA
advantages in the electoral exercise, which includes the goodwill, reputation and
resources of the major political party they affiliate with. However, it is not the nature of Today, we are witness to the possibility of some party list groups that have maintained
the political party that endorses them that is critical in assessing the qualifications or organizational integrity to pose candidates for higher offices, i.e. the Senate. We can
disqualifications of the candidate. take judicial notice that two of the candidates for the 2013 senatorial elections who
used to represent party list groups in the House of Representatives do not have the
The elected district representative in the House of Representative is directly resources nor the pedigree and, therefore, are not of the same mould as many of the
accountable to his/her electorate. The political party s/he affiliates with only shares that usual politicians who view for that position. It is no accident that the party list system is
political accountability; but, only to a certain extent. Good performance is usually only confined to the House of Representatives. It is the nurturing ground to mature
rewarded with subsequent election to another term. It is the elected representative, not genuine political parties and give them the experience and the ability to build
the political party that will get re-elected. We can even take judicial notice that party constituencies for other elective public offices.
affiliation may change in subsequent elections for various reasons, without any effect on
the qualification of the elected representative. In a sense, challenging the politics of personality by constitutionally entrenching the
ability of political parties and organizations to instill party discipline can redound to the
The political party that affiliates those who participate in elections in legislative districts benefit of those who have been marginalized and underrepresented in the past. It
organize primarily to have their candidates win. These political parties have avowed makes it possible for nominees to be chosen on the basis of their loyalty to principle and
principles and platforms of government. 11 But, they will be known more through the platform rather than their family affiliation. It encourages more collective action by the
personalities and popularity of their candidates. 12 Often, compromises occur in the membership of the party and hence will reduce the possibility that the party be
political party's philosophies in order to accommodate a viable candidate. TIaCcD controlled only by a select few.

This has been the usual role of political parties even before the 1987 Constitution. Thus, it is not only "for the marginalized and underrepresented in our midst . . . who
wallow in poverty, destitution and infirmity" 18 that the party list system was enacted.
The party list system is an attempt to introduce a new system of politics in our country, Rather, it was for everyone in so far as attempting a reform in our politics. TcSICH
one where voters choose platforms and principles primarily and candidate-nominees
secondarily. As provided in the Constitution, the party list system's intentions are But, based on our recent experiences, requiring "national, regional and sectoral parties
broader than simply to "ensure that those who are marginalized and represented and organizations" that participate in the party list system to be representatives of the
become lawmakers themselves". 13 "marginalized and underrepresented sector" and be "marginalized and
underrepresented themselves" is to engage in an ambiguous and dangerous fiction that
undermines the possibility for vibrant party politics in our country. This requirement, in legislative deliberations. That these groups could be excluded even before the vote is
fact, was the very requirement that "gut the substance of the party list system". 19 not what the party list system is all about.

Worse, contrary to the text of the constitution, it fails to appreciate the true context of the These two instances arising from the consolidated petitions we are considering clearly
party list system. show why the text of article VI, section 5 (2) provides:

No requirement that the party or organization be "marginalized and underrepresented" "(2)The party-list representative shall constitute twenty per
centum of the total number of representatives including those
The disqualification of two "green" or ecological parties 20 and two "right wing" under the party list. For three consecutive terms after the
ideological groups 21 (currently part of the party list sector in the present Congress) is ratification of this Constitution, one-half of the seats
based on the assessment of the COMELEC en banc that they do not represent a allocated to party-list shall be filled, as provided by law, by
"marginalized" sector and that the nominee themselves do not appear to be selection or election from the labor, peasant, urban poor,
marginalized. indigenous cultural communities, women, youth and such
other sectors as may be provided by law, except the
religious sectors." (emphasis provided)
It is inconceivable that the party list system framed in our Constitution make it
impossible to accommodate green or ecological parties of various political persuasions.
What is plain from a reading of the text is that the qualification as to reserved seats is
applicable only for the "three consecutive terms after the ratification" of the Constitution.
Environmental causes do not have as their constituency only those who are Only one-half of the seats within that period is reserved to the "sectors" that were
marginalized or underrepresented. Neither do they only have for their constituency enumerated, clearly implying that there are other kinds of party list groups other
those "who wallow in poverty, destitution and infirmity". 22 In truth, all of us, regardless than those who are sectoral.
of economic class, are constituents of ecological advocacies.
To require that all the seats for party list representatives remain sectoral in one form or
Also, political parties organized along ideological lines the socialist or even right wing the other is clearly and patently unconstitutional. It is not supported by the text. Its
political parties are groups motivated by a their own narratives of our history, a vision rationale and its actual effect is not in accord with the spirit of these provisions.
of what society can be and how it can get there. There is no limit to the economic class
that can be gripped by the cogency of their philosophies and the resulting political
platforms. Allowing them space in the House of Representatives if they have the Revisiting Ang Bagong Bayani, et al. v. COMELEC
constituency that can win them a seat will enrich the deliberations in that legislative
chamber. Having them voice out opinions whether true or false should make the We are aware of the case of Ang Bagong Bayani v. Comelec. 23 In that case, the Court
choices of our representatives richer. It will make the choices of our representatives en banc declared that political parties may participate in the party list system but that
more democratic. these political parties must be organized sectorally to represent the "marginalized and
underrepresented". DEAaIS
Ideologically oriented parties work for the benefit of those who are marginalized and
underrepresented, but they do not necessarily come mainly from that economic class. The reasoning of the ponencia of that case derived from his fundamental principle that:
Just a glance at the history of strong political parties in different jurisdictions will show
that it will be the public intellectuals within these parties who will provide their rationale ". . . The requisite character of these parties or organizations
and continually guide their membership in the interpretation of events and, thus, inform must be consistent with the purpose of the party list system, as
their movement forward. laid down in the Constitution and RA 7941." 24

Political ideologies have people with kindred ideas as their constituents. They may care The ponencia then proceeded to put the interpretation of a statute at par with the
for the marginalized and underrepresented, but they are not themselves nor for their text of article VI, section 5 (1) and (2) the Constitution, thus:
effectivity in the House of Representatives should we require that they can only come
from that class. DCESaI
"The foregoing provision on the party list system is not self-
executory. It is, in fact, interspersed with phrases like 'in
Highlighting these groups in this opinion should not be mistaken as an endorsement of accordance with law' or 'as may be provided by law'; it was thus
their platforms. Rather, it should be seen as clear examples where interests and up to Congress to sculpt in granite the lofty objective of the
advocacies, which may not be within the main focus of those who represent legislative Constitution." 25
districts, cry out for representation. Surely, it should be the electorate, not the
COMELEC, which should decide whether their groups should participate in our
The 1987 Constitution is a complete document. Every provision should be read in the votes: of the 162 parties which participated, the seven major
context of all the other provisions so that contours of constitutional policy are made political parties made it to the top 50." 29 cDHCAE
clear. 26 To claim that the framers of the Constitution left it to Congress to complete the
very framework of the party list system is to question the fundamental character of our The premise of course was the argument that major political parties that support
constitution. The phrases "in accordance with law" and "as may be provided by law" is candidates for legislative districts were to be allowed to participate in the party-list
not an invitation to the members of Congress to continue the work of the constituent system. This is not the reading proposed today of the Constitution. Furthermore, the
assembly that crafted the Constitution. Constitutional policy is to be derived from the opinion failed to foresee that even parties and organizations that claim to represent the
text of the constitution in the light of its context in the document and considering the "marginalized" could crowd out each other further weakening the system.
contemporary impact of relevant precedents.
Not only do we vote today without a precedent having a clear vote, we also do so with
From constitutional policy, Congress then details the workings of the policy through law. the benefit of hindsight.
The Constitution remains the fundamental and basic law with a more dominant
interpretative position vis-a-vis statute. It has no equal within our normative system.
DCScaT "Marginalized and underrepresented" is ambiguous

Article VI, sections 5 (1) and (2) already imply a complete Constitutional framework for There is another reason why we cannot fully subscribe to the concept of "marginalized
the party list system. and underrepresented". It is too ambiguous. There can be no consistent judicially
discernible standard for the COMELEC to apply. It thus invites invidious intervention
from COMELEC to undermine the right of suffrage of the groups that want to vie for
Congress cannot add the concept of "proportional representation". Congress cannot representation. Indirectly, it also violates the right of suffrage of the electorate.
pass a law so that we read in the text of the Constitution the requirement that even COMELEC substituted its judgment for that of the electorate. It thus acted arbitrarily and
national and regional parties or organizations should likewise be sectoral. beyond its jurisdiction.
Certainly Congress cannot pass a law so that even the one-half that was not
reserved for sectoral representatives even during the first three consecutive
terms after the ratification of the Constitution should now only be composed of In none of the Orders of the COMELEC in question was there a definition of what it is to
sectoral representatives. be socially marginalized. No empirical studies have informed COMELEC's
determination as to which groups are "underrepresented" in government. In fact, there
is no indication as to what the characteristics of an individual's or group's identity would
There were strong cogent dissenting opinions coming from Justices Mendoza and Vitug lead the COMELEC en banc to consider that they were a "sector".
when Ang Bagong Bayani v. COMELEC was decided in 2001. 27 Only six (6) justices
concurred with the reasoning of the ponencia. Two justices voted only in the result. Five
(5) justices dissented. Four (4) of them joining the dissenting opinion of Justice Vicente To the COMELEC en banc, for instance, the following are not marginalized or
Mendoza. There was no majority therefore in upholding the reasoning and ratio underrepresented sectors: "Bicolanos", 30 "young professionals like drug counselors
decidendi proposed by the ponencia in that case. It was a divided court, one where and lecturers", 31 rural energy consumers, 32 "peasants, urban poor, workers and
there was a majority to sustain the result but not enough to establish doctrine. nationalistic individuals who have stakes in promoting security of the country against
insurgency criminality and their roots in economic poverty", 33 "persons imprisoned
without proof of guilt beyond reasonable doubt", 34 those who advocate "to publicly
It was even a more divided court when the same issues were tackled in the case of oppose, denounce and counter, communism in all its form in the Filipino society"; 35
BANAT v. COMELEC in 2009. 28 "environmental enthusiasts intending to take are of, protect and save Mother Earth", 36
"agricultural and cooperative sectors"; 37 "businessmen, civil society groups, politicians
Ostensibly, the rationale of the majority in BANAT was to prevent major political parties and ordinary citizens advocating genuine people empowerment, social justice, and
from dominating organizations of the marginalized. Citing the concurring and dissenting environmental protection and utilization for sustainable development"; 38 "artists"; 39
opinion of then Chief Justice Puno: "Bisayans"; 40 Ilonggos. 41 SCEDaT

". . . . There is no gainsaying the fact that the party-list parties are What is plain is that the COMELEC declared ex cathedra sans any standard what were
no match to our traditional political parties in the political arena. the "marginalized and underrepresented sectors." This, in my opinion, constitutes grave
This is borne out in the party list elections held in 2001 where abuse of discretion on the part of the COMELEC. We are now asked to confirm their
major political parties were initially allowed to campaign and be actions. We are asked to affirm that COMELEC knew what a "marginalized and
voted for. The results confirmed the fear expressed by some underrepresented sector" was when they saw one.
commissioners in the Constitutional Commission that major
political parties would figure in the disproportionate distribution of COMELEC's process was a modern day inquisition reminiscent of the medieval hunt for
heretics and witches, a spectacle which may in a few cases weed out the sham
organization. But it was a spectacle nonetheless fraught with too many vulnerabilities To allow this to happen only requires that we maintain full fealty to the textual content of
that cannot be constitutionally valid. It constitutes grave abuse of discretion. our Constitution. It is "a party-list system of registered national, regional, and sectoral
parties or organizations." 49 Nothing more, nothing less.
As guardians of the text and values congealed in our Constitution, we should not lend
our imprimatur to both the basis and the procedure deployed by COMELEC in this case. Requirements for Party List Groups

After all, we have a due process clause still in place. 42 Regardless of the nature of the Preferably, party list groups should represent the marginalized and underrepresented in
power that COMELEC deployed whether it was administrative or quasi-judicial the our society. Preferably, they may not be marginalized themselves but that they may also
parties were entitled to have a standard that they could apply in their situation so that subscribe to political platforms that have the improvement of those who are politically
they could properly discern whether their factual situation deserved registration or marginalized and economically destitute as their catapulting passion. But, this cannot be
disqualification. ACIDSc the constitutional requirements that will guide legislation and actions on the part of the
Commission on Election.
Neither was it possible for COMELEC to come up with a standard. Even Rep. Act No.
7941 was ambiguously worded. 43 There was no workable definition of "marginalized", I propose instead the following benchmarks:
"underrepresented" and "sector." 44
First, the party list system includes national, regional and sectoral parties and
Neither would it have been possible for Congress to define these concepts. In the first organizations;
place, our decisions have not given them guidance. In the second place, we could not
give guidance because it is not in the Constitution and could not be derived from its Second, there is no need to show that they represent the "marginalized and
provisions. This is also apart from the reality that "identity", "sector", "marginalized" and underrepresented". However, they will have to clearly show how their plans will impact
"underrepresented" are heavily contested concepts in the fields of social science and on the "marginalized and underrepresented". Should the party list group prefer to
philosophy. 45 represent a sector, then our rulings in Ang Bagong Bayani 50 and BANAT 51 will apply
to them;
The fallacy of representation by "marginalized and underrepresented" groups
Third, the parties or organizations that participate in the party list system must not also
It is possible under our system for a party list group representing indigenous peoples to be a participant in the election of representatives for the legislative districts. In other
be elected by peoples who do not belong to their sector but from a vote-rich legislative words, political parties that field candidates for legislative districts cannot also
district. The same is true with a party list group allegedly of security guards. 46 They, participate in the party list system;
too, can get elected without the consent of majority of all the security guards in this
country but simply from the required number allowed by our formula in BANAT v. Fourth, the parties or organizations must have political platforms guided by a vision of
COMELEC. 47 In practice, we have seen the possibility for these "marginalized and society, an understanding of history, a statement of their philosophies and how this
underrepresented" party list groups being elected simply by the required vote in some translates into realistic political platforms; aICcHA
legislative districts.
Fifth, the parties or organizations not only the nominees must have concrete and
This sham produces the failure in representation. It undermines the spirit of the party list verifiable track record of political participation showing their translation of their political
system, violates the principle of representation inherent in a democratic and republican platforms into action;
state, and weakens rather than strengthen the abilities of the "marginalized and
underrepresented" to become lawmakers themselves. Constitutional construction
cannot lose sight of how doctrines can cause realities that will undermine the very spirit Sixth, the parties or organizations that apply for registration must be organized solely for
of the text of our Constitution. 48 the purpose of participating in electoral exercises;

Allowing the existence of strong national and regional parties or organizations in the Seventh, they must have existed for a considerable period, such as three (3) years,
party list system have better chances of representing the voices of the "marginalized prior to their registration. Within that period they should be able to show concrete
and underrepresented. It will also allow views, standpoints and ideologies sidelined by activities that are in line with their political platforms;
the pragmatic politics required for political parties participating in legislative districts to
be represented in the House of Representatives. It will also encourage the concept of Eighth, they must have such numbers in their actual active membership roster so as to
being multi-sectoral and therefore the strengthening of political platforms. EDcIAC be able to mount a credible campaign for purpose of enticing their audience (national,
regional or sectoral) for their election;
Ninth, a substantial number of these members must have participated in the political ||| (Atong Paglaum, Inc. v. COMELEC, G.R. No. 203766, 203818-19, 203922, 203936,
activities of the organization; 203958, 203960, 203976, 203981, 204002, 204094, 204100, 204122, 204125, 204126,
204139, 204141, 204153, 204158, 204174, 204216, 204220, 204236, 204238, 204239,
Tenth, the party list group must have a governing structure that is not only 204240, 204263, 204318, 204321, 204323, 204341, 204, April 02, 2013)
democratically elected but also one which is not dominated by the nominees
themselves;

Eleventh, the nominees of the political party must be selected through a transparent and
democratic process;

Twelfth, the source of the funding and other resources used by the party or organization
must be clear and should not point to a few dominant contributors specifically of
individuals with families that are or have participated in the elections for representatives
of legislative districts;

Thirteenth, the political party or party list organization must be able to win within the two
elections subsequent to their registration;

Fourteenth, they must not espouse violence; and CacEIS

Fifteenth, the party list group is not a religious organization.

Disqualification of existing registered party list groups


Jurisdiction of the COMELEC

With respect to existing registered party list groups, jurisdiction to disqualify is clearly
reposed on the House of Representatives Electoral Tribunal (HRET). The Constitution
in article VI, section 17 clearly provides:

"Sec. 17.The Senate and the House of Representatives shall each


have a Electoral Tribunal which shall be the sole judge of all
contests relating to the election, returns, and qualifications of
their respective Members . . ."

A more specific provision in the Constitution with respect to disqualifying registered


political party list groups should prevail over the more general powers of the COMELEC
to enforce and administer election laws. Besides, that the HRET is the "sole judge"
clearly shows that the constitutional intention is to exclude all the rest. 52

WHEREFORE, in view of the foregoing, I vote to:

(1)GRANT the Petitions and NULLIFY COMELEC Resolution No. 9135 and all the
COMELEC Resolutions raised in these consolidated cases; and

(2)REMAND the cases to COMELEC for proper proceedings in line with our decision.

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