SC dismisses pleas of 23 disqualified party-list groups, remands 7 others

Published by rudy Date posted on June 10, 2013

The Supreme Court has dismissed the petitions of 23 other party-list groups and remanded back to the Commission on Elections (Comelec) the petitions of seven others earlier disqualified by the poll body.

In an en banc resolution, the high court said that for “being moot and academic,” the petitions of these 23 groups that were applying for accreditation for the first time should be dismissed.

These groups were not included in the consolidation order earlier issued by the high court that brought together 52 other party-list cases (Atong Paglaum et al v Comelec).

The newly dismissed petitions were those from:

1. Partido ng Manggagawa (PM Coalition)
2. Courage Government Employees Party-list (Courage)
3. Alliance of Concerned Transport Organizations Inc. (ACTO)
4. Kanegosyo Association Inc. (1-Kanegosyo)
5. 1 Serve the People
6. Angat Ahon Magsasaka (AAM)
7. Isang Kasambahay Po, Inc
8. 1 Ang Batas
9. Alab ng Pusong Pinoy
10.Active National Federation of Bantay Inc.
11.Aktibong Bayaning Pilipino (abp)
12.1 Para sa Bayan (1PSB)
13. Alyansa ng lapiang Security Guards sa Pilipinas (Alas-Gwardya)
14.www.forexdealers.com (FXD)
15.Pahiyom Pobreng Pamilyang Pinoy (4P’s)
16. Aaa Aviation Advancement Advocates Inc.
17.Hanap Buhay Para sa Pinoy Inc (HaPPI)
18.Magdiwang Maharlikang Mamamayan Movement Inc. (4M)
19.Empleyadong Nagtataguyod ng Bagong Anyo ng Kapaligiran (En Bank)
20.1 Akong Minimium Wage Earner (1-akongminimumwager)
21.Alab ng Mamahayag (Alam)
22.1 Team for Education Advancement and Change (1TEACH)
23.Francisco Aguilar, Theodore Aquino, Hermenigildo Estrella Jr, Ma. Salome Mable, Jose Manalad and Guillermo Santos.

Remanded

Meanwhile, the high court remanded back to the Comelec the petitions of seven other party-list groups that had previously been accredited by the poll body.

The seven groups were:

1. Partido ng Katutubong Pilipino
2. Usa an Aton Nahigugma nga Iroy nga Tuna (1-AANI)
3. Confederation of Non-stock Savings and Loan Associations Inc (Consla)
4. Pro-active on Climate Change Leaders Inc. (Anupa)
5. Itinerant Vendors Alliance of the Philippines (IVAP)
6. Alliance of National Urban Poor Organizations Assembly Inc. (Anupa)
7. Filipino-Muslim (Fil-Mus) Organization

The high court ordered the Comelec to “determine their eligibility to register under the guidelines in ‘Atong Paglaum’ [case].”

In the April Atong Paglaum ruling involving the 52 party-lists groups, the high court remanded the petitions back to the Comelec for a re-evaluation of their qualification based on a new set of parameters set by the high tribunal.

The new parameters were as follows:

• Three different groups may participate in the party-list system: (1) national parties or organizations, (2) regional parties or organizations, and (3) sectoral parties or organizations.

• National parties or organizations and regional parties or organizations do not need to organize along sectoral lines and do not need to represent “any marginalized and underrepresented” sector.

• Political parties can participate in party-list elections provided they register under the party-list system and do not field candidate in legislative district elections. A political party, whether major or not, that fields candidates in legislative district election can participate in party-list elections only through its sectoral wing that can separately register under the party-list system. The sectoral wing is by itself an independent party, and is linked to a political party through a coalition.

• Sectoral parties or organizations may either be “marginalized and underrepresented” or lacking in “well-defined political constitutencies.” It is enough that their principal advocacy pertains to the special interest and concerns of the sector. The sectors that are marginalized and underrepresented” include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans and overseas workers. The sectors that lack well-defined political constitutencies include professionals, the elderly, women and the youth.

• A majority of the members of sectoral parties or organization that represent the “marginalized and underrepresented” must belong to the marginalized and underrepresented sector that they represent. Similarly, a majority of the members of sectoral parties or organization that lack “well defined political constituencies” must belong to the sector that they represent. The nominees of either sector must either belong to their respective sectors, or must have a track record of advocacy.

• National, regional and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, provided that they have at least five other nominees who remain qualified.

—KG, GMA News

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