Case study political

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Note: Guys naay 6 ka book wala nihatag , wala nakoy mahimu nila.. Salamat

sa tanang ni digest .. God bless nato tanan sa finals. He! He! He!.

1. Atong Paglaum v. Commission on Elections

There are three groups that may participate in the party-list system: (1) national parties

or organizations, (2) regional parties or organizations, and (3) sectoral parties or

organizations.

On the part of national parties or organizations and regional parties or organizations

which intend to participate in the party-list race, the new guidelines state that these

parties “do not need to organize along sectoral lines and do not need to represent any

‘marginalized or underrepresented sector.’”

As for political parties, they may participate in the party-list race by registering under

the party-list system and no longer field congressional candidates. These parties, if they

field congressional candidates, however, are not barred from participating in the party-

list elections; what they need to do is register their sectoral wing or party under the

party-list system. This sectoral wing shall be considered an “independent sectoral party”

linked to a political party through a coalition.

The question is: where does representation of “marginalized and underrepresented”

sectors come in?

The answer: on the sectoral parties or organizations that intend to participate in the

party-list system.

The high court held that purely sectoral parties or organizations may either represent

“marginalized and underrepresented” constituencies or those “lacking well-defined

political constituencies.”

The high court went on to enumerate “marginalized and underrepresented” sectors, as

follows: labor, peasant, fisherfolk, urban poor, indigenous cultural communities,

handicapped, veterans, and overseas workers. The sectors that lack “well-defined

political constituencies” include professionals, the elderly, women, and the youth.

The rule on nominees and members coming from the sector they intend to represent

also applies only to the sectoral parties or organizations. The high court ruled that it is

enough that “[a] majority of the members of the sectoral parties or organizations…

must belong to the ‘marginalized and underrepresented sector they represent.’” The

same is true for those who lack “well-defined political constituencies.”

As for the nominees of these sectoral parties and organizations, the new guidelines

provide that they must either be members of the sector or have a track record of

advocacy for their sector.

Should some of the nominees of these national, regional, and sectoral parties or

organizations be disqualified, the party or organization itself will not be disqualified

“provided that they have at least one nominee who remains qualified.”

The party-list system, according to the Decision

Quoting Christian Monsod, the main proponent of the party-list system, the high court

stated that it is “not synonymous with that of the sectoral representation.” The high

court stressed that the framers of the 1987 Constitution did not intend to leave out

“non-sectoral parties” in the party-list system and exclusively limit it to sectoral groups.

“The framers intended the sectoral parties to constitute a part, but not the entirety, of

the party-list system… In fact, the framers voted down , 19-22, a proposal to reserve

the party-list system exclusively to sectoral parties.

“There can be no doubt whatsoever that the framers of the 1987 Constitution expressly

rejected the proposal to make the party-list system exclusively for sectoral parties only,

and that they clearly intended the party-list system to include both sectoral and non-

sectoral parties,” the Decision read.

To amplify its position, the high court pointed out Sec. 5(1), Art. VI of the 1987

Constitution, which states:

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 apportioned among the provinces, 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, and those who, as provided by law, shall be elected

through a party-list system of registered national, regional, and sectoral parties or

organizations.

WHAT IS THE PROOF THAT THE PARTY LIST SYSTEM IS NOT EXCLUSIVELY

FOR SECTORAL PARTIES?

SECTION 5(2), ARTICLE VI OF THE 1987 CONSTITUTION WHICH MANDATES

THAT, DURING THE FIRST THREE CONSECUTIVE TERMS OF CONGRESS

AFTER THE RATIFICATION OF THE 1987 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 COMMUNITIES, WOMEN,

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Note: Guys naay 6 ka book wala nihatag , wala nakoy mahimu nila.. Salamat sa tanang ni digest .. God bless nato tanan sa finals. He! He! He!. 1. Atong Paglaum v. Commission on Elections There are three groups that may participate in the party-list system: (1) national parties or organizations, (2) regional parties or organizations, and (3) sectoral parties or organizations. On the part of national parties or organizations and regional parties or organizations which intend to participate in the party-list race, the new guidelines state that these parties “do not need to organize along sectoral lines and do not need to represent any ‘marginalized or underrepresented sector.’” As for political parties, they may participate in the party-list race by registering under the party-list system and no longer field congressional candidates. These parties, if they field congressional candidates, however, are not barred from participating in the party-list elections; what they need to do is register their sectoral wing or party under the party-list system. This sectoral wing shall be considered an “independent sectoral party” linked to a political party through a coalition. The question is: where does representation of “marginalized and underrepresented” sectors come in? The answer: on the sectoral parties or organizations that intend to participate in the party-list system. The high court held that purely sectoral parties or organizations may either represent ...
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