UNDER NEW SC GUIDELINE

41 barred partylists may run in 2013 polls

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The Supreme Court building in Manila. INQUIRER FILE PHOTO

MANILA, Philippines – Majority of the 54 previously disqualified partylists might be allowed to run again in the May 13 midterm elections under the new guidelines issued by the Supreme Court (SC), Commission on Elections chairman Sixto Brillantes Jr. said on Friday.

“Essentially 41 will be allowed to run … there are some who are likely to be immediately allowed,” Brillantes told reporters during their inspection in the PCOS assembly facility in Cabuyao, Laguna.

The other 13 partylists were new applicants that were previously granted a status quo ante order by the SC but not a mandatory injunction. The latter would have allowed them to run in the coming elections.

The 13 are: Ako An Bisaya (AAB), Alagad ng Sining (Asin), Alab ng Mamahayag (Alam), Association of Guard, Utility Helper, Aider, Rider, Driver/Domestic Helper, Janitor, Agent and Nanny of the Philippines Inc. (Guardian), Abyan Ilonggo, Alliance of Organizations, Networks and Associations of the Philippines (Alona), Partido ng Bayan and Bida (PBB), Pilipinas Para sa Pinoy (PPP), 1-Alliance Advocating Autonomy Part (1AAP), Kalikasan Akbay Kalusugan (Akin), Manila Teachers Savings and Loans Association (Manila Teachers), Association of Local Athletics, Entrepreneurs and Hobbyists (Ala-Eh).

The SC decision states that partylist groups need not be “marginalized or underrepresented” to run in the partylist elections.

The high court, voting 11-2, acting on a petition of 54 partylist groups barred by the Commission on Elections  from joining the 2013 polls, said that as long as the “principal advocacy pertains to the special interest and concern of the sector,” they can participate in the elections.

Joining Senior Associate Justice Antonio Carpio who penned the decision are Associate Justices Teresita Leonardo De Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Mariano Del Castillo, Roberto Abad, Martin Villarama, Jose Perez, Jose Mendoza and Marvic Leonen. Chief Justice Maria Lourdes Sereno and Associate Justice Bienvenido Reyes dissented on this aspect.

Of the 54 partylist groups, 13 cannot participate in the upcoming elections but the Comelec has been tasked by the high court to determine their qualifications. They cannot participate because their names were not included in the ballot printing.

Among the groups that can participate in the upcoming polls include Ang Galing Pinoy of Representative Mikey Arroyo, Kakusa or Kapatiran ng mga Nakakulong na Walang Sala which was organized by convicted  child-rapist and former Zamboanga Representative Romeo Jalosjos and the Bantay partylist group of fugitive Jovito Palparan.

The ruling will serve as a new guideline for the Comelec to re-evaluate the qualification of the sectoral parties.

“We hold that the Comelec did not commit grave abuse of discretion in following prevailing decisions of this court in disqualifying petitioners from participating in the coming 13 May 2013 partylist elections,” the high court said in a decision released on Friday.

“However, since the court adopts in this decision new parameters in the qualification of national, regional and sectoral parties under the partylist system…we remand to the Comelec all the present petitions for the Comelec to determine who are qualified to register under the partylist system and participate in the coming 13 May 2013 elections under the new parameters prescribed in this decision,” it added.

Following are the new parameters set by the high court:

  • Three different groups may participate in the partylist 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 partylist elections provided they register under the partylist 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 partylist elections only through its sectoral wing that can separately register under the partylist 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 constituencies”. It is enough that their principal advocacy pertains to the special interest and concern 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 constituencies 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.”

“Since the court adopts in this decision new parameters in the qualification of national, regional and sectoral parties under the partylist system…we remand to the Comelec all the present petitions for the Comelec to determine who are qualified to register under the partylist system and participate in the coming 13 May 2013 elections under the new parameters prescribed in this decision,” the decision said.

Brillantes said he felt that the SC decision was “a good compromise decision.”

Comelec had previously disqualified partylist groups that he thinks do not really represent the marginalized sector.

“I don’t like [the decision] that much, but since we have already limited [the partylists] to 123, and it will not go up anymore to 123, it’s okay, it is a good compromise decision,” Brillantes said.

He said they will be able to issue a ruling on the partylists using the new parameters issued by SC before the May 13 elections.


Originally posted at 02:59 pm | Friday, April 5, 2013

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  • poltergeist_fuhrer

    AKABAYAN IS NOT A MARGINALIZED, UNDERREPRESENTED…mga lideres nila ay nasa gobyerno na ni penoy like LLAMAS, ETTA ROSALES, ROCAMORA….so, they are not underrepresented….wake up comelec…wag naman pahalat na maka penoy kayo

    • http://twitter.com/tagasalog tagasalog

      “I remember that Akbayan is one of a few and brave progressive parties
      that pioneered participation in the party-list elections at a time when
      others criticized it as reformism and equated revolutionism with waging
      guerilla war in the mountains. Of course these erstwhile extremist
      groups later made a 180 degree turn without explanation and then
      pioneered unprincipled alliances with class enemies,” ~Renato Magtubo

  • http://www.facebook.com/josealfred.rubinos Jose Alfred Rubinos

    lahat kaya ng professionals pwede na mg form ng kani kaniyang party list? Meron yung mga teachers eh.. yung mga lawyers kaya, mga engineers, nurses, doctors, IT grad, seaman etc. pwede na rin?

  • johnllander

    Ang mga lumpo o may mga kapansanan ay sila dapat ang mayroong kinatawaan sa kapulungan. Sila na hindi na makagalaw o hindi na lubos makagalaw at hindi na makakampanya dahil nga may kapansanan ay sila pa ang walang kinatawan. Sila ang api pam-pisikal ay lalung api sa lipunan dahil walang kumakatawan sa kanila. Yung mga magnanakaw sa pamahalaan ay sila pa ang marami sa pamahalaan.

  • Serious Comedian

    Adik Partylist, PWEDE NA!

    • penoy2012

      Wala yan sa Tong Its Party List! Pag-asa ng bayan.

    • otire

      kahit wala na yan pre nandyan na si Tobby at Singson.

  • isprikitoy

    ALAK PA Party List

    • edwin525

      AAALAK PA is better! Lol

  • pgsalt

    Abolish the party-list system!!! Walang silbi… Lalo lang nagpapalito sa mga botante

    • http://twitter.com/tagasalog tagasalog

      tanga lang ang malilito o yung mga ayaw pag-aralan ang sistema

      • pgsalt

        That applies to a majority of Filipino voters…. Tanga rin yong nagpapabili ng boto… LoLski

    • generalproblem

      we shall abolish itong party list na ito o kaya itulad sa hong kong na na define ng gobyerno kung anong sector ang marginalize. hindi pwede na basta ka na lang magtayo ng sarili mong sector at sasabihin mo na marginalize.

  • joboni96

    over reaching ang supreme court

    mga chong
    hindi kayo mga legislators

    you have trampled the basic rationale of the party list law
    to enhance the political power of the poor masses

    you have corroborated the minority rich
    in using the law to enhance their widespread power

    • pgsalt

      — Legislating from the bench —

      • ibascoallan

        really this move of SC is absurd!!!!!all i thought their job is to interpret laws and not create guideline/parameters to support existing laws…..dapat consistent sila, remember hugas kamay sila sa POLITICAL DYNASTY dahil nasa congresso ang bola para i define yan….then all of a sudden SC is kingdom come…..hahahaha…katawa flip flop flip flop to the max…..

      • Felix Alcantara

        Dapat abolish na rin Congress kasi SC na lang gagawa ng batas or guidelines.

    • pololoy

      siguro feeling nila congressmen and senators din sila ano?
      uhh wawwwww…

  • ibascoallan

    hahaha SC pakielamero sa trabaho ng congresso, samantalang ang issue ng POLITICAL DYNASTY e hugas kamay sila komo daw trabaho yun ng congresso….san ka pa, flip flop flip flop. again to the maxx………..

  • mercuree

    Teka, saan ba nanggaling ang sinasabing “marginalized”? Mukhang wala naman sa bokabularyo ng konstitusyon ito.

  • regd

    Naloko na, mas lalong magulo!

  • http://webusertoday.blogspot.com WebUserToday

    I don’t understand – very difficult to imagine!

  • nakawan

    Disgusting.

  • generalproblem

    yun bang mga visaya at ilongo eh marginalize. maniniwala ako yung mga eta at mga mangyan at iba pang katutubo ay marginalize pero visaya at ilongo hindi. si merriam ba eh marginalize?

  • phantomofhope

    nagkandaloko-loko na ang partylist system….GAGUHAN NA TO!

    TULAD NITO….anong klaseng kagaguhan to:
    Association of Guard, Utility Helper, Aider, Rider, Driver/Domestic Helper, Janitor, Agent and Nanny of the Philippines Inc. (Guardian),
    Abyan Ilonggo, Alliance of Organizations, Networks and Associations of the Philippines (Alona),
    Partido ng Bayan and Bida (PBB)

    • D’ Equalizer

      The
      Party List has done nothing good to our country and even to its direct
      constituents the so called marginalized sector. It only serve as fronts
      for those with vested interest to enrich themselves with public funds.
      Nothing more and nothing less – period.

      The Party List system – must be abolish/extinguish once and for all!

      I believe that the majority of the Filipino people can exert enough measure to rally for it’s definite extinction at all cost.

      Any bright diea – poor Juan? We can start from scratch to build a party list – buster group! Any takers? LOL

  • tanga_hanga_ni_abnoy

    balang araw lahat na tayo mga elected officials at lahat na tayo ay mag pork hehehe

    PDI kontra yellowtard party list

  • http://www.scribd.com/narodnikkki karaangtawo

    “Among the groups that can participate in the upcoming polls include Ang Galing Pinoy of Representative Mikey Arroyo, Kakusa or Kapatiran ng mga Nakakulong na Walang Sala which was organized by convicted child-rapist and former Zamboanga Representative Romeo Jalosjos and the Bantay partylist group of fugitive Jovito Palparan.”

  • doncleo

    ABOLISH PARTY LIST!!!!!!!

  • axe musk

    Why the SC came LATE with their decision when the COMELEC’s ballot printing had been done??? Why o why??? This would mean reprinting of new ballots to insert these “Dummy Partylist” represented by the Mighty and Rich” and the “SAME FACES” of Politicians!!! What a waste in gov’t. funds just bec. of the very, very slow action of the SC!!! Marami nang mapapakain na pamilya ang panibagong pondo na ilalaan sa pag re-print ng balota!!! The PHIL. LAWS were really meant NOT TO accelerate the lives of the poor people but it is INTENDED for the Elite to become richer and richer …. ILLEGAL DRUGS AND POLITICIANS were the once destroying our Youth and the Country!!!

  • D’ Equalizer

    The Party List has done nothing good to our country and even to its direct constituents the so called marginalized sector. It only serve as fronts for those with vested interest to enrich themselves with public funds. Nothing more and nothing less – period.

    The Party List system – must be abolish/extinguish once and for all!

    I believe that the majority of the Filipino people can exert enough measure to rally for it’s definite extinction at all cost.

    Any bright diea – poor Juan? We can start from scratch to build a party list – buster group! Any takers? LOL

  • Chippy

    Someone should make a signature campaign abolishing these ridiculed Party List System. Their so called PDAFs be instead given to improvement of the education system and not to bogus organizations!

  • kismaytami

    Party list… Pera pera lang yan.

  • jose_guev

    hmmm, ginawang moro-moro ng supreme court. malinaw naman ang Constitution kung sino lang ang dapat sumali sa party-list. with these new “guidelines” naghugas-kamay na ang justices. lahat na lang, pwede nang sumali.

  • lukecowboy

    next presidential election sigurado si bong2 marcos at aquino ,pacquiao binay o si mar roxas but if bong 2 will run as a president siguradong mabubuhay naman ang mga anti marcos crusades .let see

  • http://www.facebook.com/noelsantos37 Noel Santos

    minsan yang sc ang nagpapagulo ng bansa..mga walang isip..o natapalan nanaman ng pera..pwede naman maski walang party-list ah..menos gastos pa!

  • andresa igbac

    huh?! pwede palang ganyan? baguhin ng SC basta basta ang isang batas, and in this case–the PARTY LIST LAW?

  • kilabot

    while the executive is dipping its hands in judicial matters,
    the judiciary is now trying to legislate.
    abnoying state of the nation.

  • Janch

    Sus, lahat na yata pwedeng magtatag ng sectoral organization. Ang saya-saya ng mga trapo!

  • KurakotNaPinoy

    party lists are useless

    revoke the party list system now

  • edwin525

    No one in exec, legis, and judiciary want to change/restrict party list system for good. Why? Because their family members or friends are benefiting from it. It’s just another ugly case that shows how corrupt our system has become.

  • Hey_Dudes

    I personally believe it is not the party list system that deserve to be abolished. As we can glean through the supreme court rulings recently which most are detrimental to the Filipino people, it is the supreme court that the country it seems no longer need. Their decisions is taking the country piece by piece.

  • pj2003

    nagdiwang na sana ang sambayanan noong tinapyasan ng comelec iyong bilang ng party-list tapos ngayon free for all na naman dahil sa SC ruling na eto.

  • Batang Altura

    mahirap tanungin ang legalidad ng mga partylists kasi SC na ang nag-desisyon, pero kung gagamitin ang sintido kumon paano mo matatanggap ang partylist ni Mikey Arroyo , wala siyang kinalaman sa sektor na nirerepresenta nya, inembento lang nya ang organisasyong ito para maging representante sa kongreso, wala na ksing distrito na pwede nyang puntahan..paano po nyo ito maipapaliwanag sa tao o paano naman ito matatanggap ng tao o hindi na nyo trabaho pa ang mag-paliwanag..hindi po yata ito parehas mga kagalang galang na mga hukom..PALPAK ITO!!!!!

  • ajca82

    “Among the groups that can participate in the upcoming polls include Ang Galing Pinoy of Representative Mikey Arroyo, Kakusa or Kapatiran ng mga Nakakulong na Walang Sala which was organized by convicted child-rapist and former Zamboanga Representative Romeo Jalosjos and the Bantay partylist group of fugitive Jovito Palparan.”

    So MIkey needs to be a guard or tricycle driver and Romeo Jalosjos needs to be proven innocent for his crime. In fairness to Palparan, I guess he is the poster boy for that partylist.

    Anyways, I would’ve been happier if they were still disqualified.

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