Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. 147589 June 26, 2001
ANG BAGONG BAYAN!O"# $ABOR PARTY (under the acronym OFW! represented herein by its
secretary"#eneral! MO%AMMA& OMAR "AJAR&O, petitioner!
$s%
ANG BAGONG BAYAN!O"# $ABOR PARTY GO' GO' P%$PPNES( T%E TRUE MARCOS
$OYA$ST ASSOCATON O" T%E P%$PPNES( P%$PPNE $OCA$ AUTONOMY( CT)ENS
MO*EMENT "OR JUSTCE, ECONOMY, EN*RONMENT AN& PEACE( C%AMBER O" REA$
ESTATE BU$&ERS ASSOCATON( SPORTS + %EA$T% A&*ANCEMENT "OUN&ATON, NC.(
ANG $A,AS NG O*ERSEAS CONTRACT #OR,ERS -OC#.( BAGONG BAYAN
ORGAN)ATON /n0 o12e34 un0e3 5O36/n78/17on49Co/:717on45 o; O<n7=u4 Re4o:u17on No.
>785( PART&O NG MASANG P$PNO( $A,AS NUC&!UM&P( NATONA$ST PEOP$E?S
COA$TON( $ABAN NG &EMO,RAT,ONG P$PNO( A,SYON &EMO,RAT,O( P&P!
$ABAN( $BERA$ PARTY( NACONA$STA PARTY( ANG BU%AY %AYAANG YUMABONG( /n0
o12e34 un0e3 5Po:717@/: P/317e45 o; O<n7=u4 Re4o:u17on No. >785. respondents%
&"""""""""""""""""""""""""""""""""""""""""""""""""""""""""&
G.R. No. 14761> June 26, 2001
BAYAN MUNA, petitioner!
$s%
COMMSSON ON E$ECTONS( NATONA$ST PEOP$E?S COA$TON -NPC.( $ABAN NG
&EMO,RAT,ONG P$PNO -$&P.( PART&O NG MASANG P$PNO -PMP.( $A,AS!NUC&!
UM&P( $BERA$ PARTY( MAMAMAYANG AYA# SA &ROGA( CREBA( NATONA$
"E&ERATON O" SUGARCANE P$ANTERS( JEEP( /n0 BAGONG BAYAN
ORGAN)ATON, respondents%
PANGANBAN, J.:
'he party"list system is a social (ustice tool desi#ned not only to #i$e more la) to the #reat masses
of our people )ho ha$e less in life! but also to enable them to become $eritable la)ma*ers
themsel$es! empo)ered to participate directly in the enactment of la)s desi#ned to benefit them% +t
intends to ma*e the mar#inali,ed and the underrepresented not merely passi$e recipients of the
-tate.s bene$olence! but acti$e participants in the mainstream of representati$e democracy% 'hus!
allo)in# all indi$iduals and #roups! includin# those )hich no) dominate district elections! to ha$e
the same opportunity to participate in party"list elections )ould desecrate this lofty ob(ecti$e and
mon#reli,e the social (ustice mechanism into an atrocious $eneer for traditional politics%
'he Case
Before us are t)o Petitions under Rule /0 of the Rules of Court! challen#in# Omnibus Resolution
No% 1230
4
issued by the Commission on Elections (Comelec on March 5/! 5664% 'his Resolution
appro$ed the participation of 407 or#ani,ations and parties! includin# those herein impleaded! in the
5664 party"list elections% Petitioners see* the dis8ualification of pri$ate respondents! ar#uin# mainly
that the party"list system )as intended to benefit the mar#inali,ed and underrepresented9 not the
mainstream political parties! the non"mar#inali,ed or o$errepresented%
'he Factual Antecedents
With the onset of the 5664 elections! the Comelec recei$ed se$eral Petitions for re#istration filed by
sectoral parties! or#ani,ations and political parties% Accordin# to the Comelec! :;$<erifications )ere
made as to the status and capacity of these parties and or#ani,ations and hearin#s )ere scheduled
day and ni#ht until the last party );as< heard% With the number of these petitions and the obser$ance
of the le#al and procedural re8uirements! re$ie) of these petitions as )ell as deliberations ta*es a
lon#er process in order to arri$e at a decision and as a result the t)o (5 di$isions promul#ated a
separate Omnibus Resolution and indi$idual resolution on political parties% 'hese numerous petitions
and processes obser$ed in the disposition of these petition;s< hinder the early release of the
Omnibus Resolutions of the =i$isions )hich )ere promul#ated only on 46 February 5664%:
5
'hereafter! before the February 45! 5664 deadline prescribed under Comelec Resolution No% 175/
dated =ecember 55! 5666! the re#istered parties and or#ani,ations filed their respecti$e
Manifestations! statin# their intention to participate in the party"list elections% Other sectoral and
political parties and or#ani,ations )hose re#istrations )ere denied also filed Motions for
Reconsideration! to#ether )ith Manifestations of their intent to participate in the party"list elections%
-till other re#istered parties filed their Manifestations beyond the deadline%
'he Comelec #a$e due course or appro$ed the Manifestations (or accreditations of 407 parties and
or#ani,ations! but denied those of se$eral others in its assailed March 5/! 5664 Omnibus Resolution
No% 1230! )hich )e 8uote>
:We carefully deliberated the fore#oin# matters! ha$in# in mind that this system of proportional
representation scheme )ill encoura#e multi"partisan ;sic< and enhance the inability of small! ne) or
sectoral parties or or#ani,ation to directly participate in this electoral )indo)%
:+t )ill be noted that as defined! the .party"list system. is a .mechanism of proportional representation.
in the election of representati$es to the ?ouse of Representati$es from national! re#ional! and
sectoral parties or or#ani,ations or coalitions thereof re#istered )ith the Commission on Elections%
:?o)e$er! in the course of our re$ie) of the matters at bar! )e must reco#ni,e the fact that there is a
need to *eep the number of sectoral parties! or#ani,ations and coalitions! do)n to a mana#eable
le$el! *eepin# only those )ho substantially comply )ith the rules and re#ulations and more
importantly the sufficiency of the Manifestations or e$idence on the Motions for Reconsiderations or
Oppositions%:
1
On April 46! 5664! A*bayan Citi,ens Action Party filed before the Comelec a Petition prayin# that
:the names of ;some of herein respondents< be deleted from the .Certified @ist of Political
PartiesA-ectoral PartiesAOr#ani,ationsACoalitions Participatin# in the Party @ist -ystem for the May
47! 5664 Elections. and that said certified list be accordin#ly amended%: +t also as*ed! as an
alternati$e! that the $otes cast for the said respondents not be counted or can$assed! and that the
latter.s nominees not be proclaimed%
7
On April 44! 5664! Bayan Muna and Bayan Muna"Bouth also
filed a Petition for Cancellation of Re#istration and Nomination a#ainst some of herein respondents%
0
On April 43! 5664! the Comelec re8uired the respondents in the t)o dis8ualification cases to file
Comments )ithin three days from notice% +t also set the date for hearin# on April 5/! 5664!
/
but
subse8uently reset it to May 1! 5664%
2
=urin# the hearin#! ho)e$er! Commissioner Ralph C% @antion
merely directed the parties to submit their respecti$e memoranda%
3
Mean)hile! dissatisfied )ith the pace of the Comelec! An# Ba#on# Bayani"OFW @abor Party filed a
Petition
C
before this Court on April 4/! 5664% 'his Petition! doc*eted as DR No% 47203C! assailed
Comelec Omnibus Resolution No% 1230% +n its Resolution dated April 42! 5664!
46
the Court directed
respondents to comment on the Petition )ithin a non"e&tendible period of fi$e days from notice%
44
On April 42! 5664! Petitioner Bayan Muna also filed before this Court a Petition!
45
doc*eted as DR
No% 472/41! also challen#in# Comelec Omnibus Resolution No% 1230% +n its Resolution dated May C!
5664!
41
the Court ordered the consolidation of the t)o Petitions before it9 directed respondents
named in the second Petition to file their respecti$e Comments on or before noon of May 40! 56649
and called the parties to an Oral Ar#ument on May 42! 5664% +t added that the Comelec may proceed
)ith the countin# and can$assin# of $otes cast for the party"list elections! but barred the
proclamation of any )inner therein! until further orders of the Court%
'hereafter! Comments
47
on the second Petition )ere recei$ed by the Court and! on May 42! 5664!
the Oral Ar#ument )as conducted as scheduled% +n an Order #i$en in open court! the parties )ere
directed to submit their respecti$e Memoranda simultaneously )ithin a non"e&tendible period of fi$e
days%
40
+ssues>
=urin# the hearin# on May 42! 5664! the Court directed the parties to address the follo)in# issues>
:4% Whether or not recourse under Rule /0 is proper under the premises% More specifically! is
there no other plain! speedy or ade8uate remedy in the ordinary course of la)E
:5% Whether or not political parties may participate in the party"list elections%
:1% Whether or not the party"list system is e&clusi$e to .mar#inali,ed and underrepresented.
sectors and or#ani,ations%
:7% Whether or not the Comelec committed #ra$e abuse of discretion in promul#atin#
Omnibus Resolution No% 1230%:
4/
'he Court.s Rulin#
'he Petitions are partly meritorious% 'hese cases should be remanded to the Comelec )hich )ill
determine! after summary e$identiary hearin#s! )hether the 407 parties and or#ani,ations
enumerated in the assailed Omnibus Resolution satisfy the re8uirements of the Constitution and RA
2C74! as specified in this =ecision%
First Issue:
Recourse Fnder Rule /0
Respondents contend that the recourse of both petitioners under Rule /0 is improper because there
are other plain! speedy and ade8uate remedies in the ordinary course of la)%
42
'he Office of the
-olicitor Deneral ar#ues that petitioners should ha$e filed before the Comelec a petition either for
dis8ualification or for cancellation of re#istration! pursuant to -ections 4C! 56! 54 and 55 of Comelec
Resolution No% 1162"A
43
dated No$ember C! 5666%
4C
We disa#ree% At bottom! petitioners attac* the $alidity of Comelec Omnibus Resolution 1230 for
ha$in# been issued )ith #ra$e abuse of discretion! insofar as it allo)ed respondents to participate in
the party"list elections of 5664% +ndeed! under both the Constitution
56
and the Rules of Court! such
challen#e may be brou#ht before this Court in a $erified petition for certiorari under Rule /0%
Moreo$er! the assailed Omnibus Resolution )as promul#ated by Respondent Commission en banc9
hence! no motion for reconsideration )as possible! it bein# a prohibited pleadin# under -ection 4
(d! Rule 41 of the Comelec Rules of Procedure%
54
'he Court also notes that Petitioner Bayan Muna had filed before the Comelec a Petition for
Cancellation of Re#istration and Nomination a#ainst some of herein respondents%
55
'he Comelec!
ho)e$er! did not act on that Petition% +n $ie) of the pendency of the elections! Petitioner Bayan
Muna sou#ht succor from this Court! for there )as no other ade8uate recourse at the time%
-ubse8uent e$ents ha$e pro$en the ur#ency of petitioner.s action9 to this date! the Comelec has not
yet formally resol$ed the Petition before it% But a resolution may (ust be a formality because the
Comelec! throu#h the Office of the -olicitor Deneral! has made its position on the matter 8uite clear%
+n any e$ent! this case presents an e&ception to the rule that certiorari shall lie only in the absence of
any other plain! speedy and ade8uate remedy%
51
+t has been held that certiorari is a$ailable!
not)ithstandin# the presence of other remedies! :)here the issue raised is one purely of la)! )here
public interest is in$ol$ed! and in case of ur#ency%:
57
+ndeed! the instant case is indubitably imbued
)ith public interest and )ith e&treme ur#ency! for it potentially in$ol$es the composition of 56 percent
of the ?ouse of Representati$es%
Moreo$er! this case raises transcendental constitutional issues on the party"list system! )hich this
Court must ur#ently resol$e! consistent )ith its duty to :formulate #uidin# and controllin#
constitutional principles! precepts! doctrines! or rules%:
50
Finally! procedural re8uirements :may be #lossed o$er to pre$ent a miscarria#e of (ustice! )hen the
issue in$ol$es the principle of social (ustice & & & )hen the decision sou#ht to be set aside is a nullity!
or )hen the need for relief is e&tremely ur#ent and certiorari is the only ade8uate and speedy
remedy a$ailable%:
5/
Second Issue:
Participation of Political Parties
+n its Petition! An# Ba#on# Bayani"OFW @abor Party contends that :the inclusion of political parties
in the party"list system is the most ob(ectionable portion of the 8uestioned Resolution%:
52
For its part!
Petitioner Bayan Muna ob(ects to the participation of :ma(or political parties%:
53
On the other hand!
the Office of the -olicitor Deneral! li*e the impleaded political parties! submits that the Constitution
and RA No% 2C74 allo) political parties to participate in the party"list elections% +t ar#ues that the
party"list system is! in fact! open to all :re#istered national! re#ional and sectoral parties or
or#ani,ations%:
5C
We no) rule on this issue% Fnder the Constitution and RA 2C74! pri$ate respondents cannot be
dis8ualified from the party"list elections! merely on the #round that they are political parties% -ection
0! Article G+ of the Constitution pro$ides that members of the ?ouse of Representati$es may :be
elected throu#h a party"list system of re#istered national! re#ional! and sectoral parties or
or#ani,ations%:
Furthermore! under -ections 2 and 3! Article +H (C of the Constitution! political parties may be
re#istered under the party"list system%
:-ec% 2% No $otes cast in fa$or of a political party! or#ani,ation! or coalition shall be $alid!
e&cept for those re#istered under the party"list system as pro$ided in this Constitution%
:-ec% 3% Political parties! or or#ani,ations or coalitions re#istered under the party"list system!
shall not be represented in the $oters. re#istration boards! boards of election inspectors!
boards of can$assers! or other similar bodies% ?o)e$er! they shall be entitled to appoint poll
)atchers in accordance )ith la)%:
16
=urin# the deliberations in the Constitutional Commission! Comm% Christian -% Monsod pointed out
that the participants in the party"list system may :be a re#ional party! a sectoral party! a national
party! FN+=O!
14
Ma#sasa*a! or a re#ional party in Mindanao%:
15
'his )as also clear from the
follo)in# e&chan#e bet)een Comms% Iaime 'adeo and Blas Ople>
11
:MR% 'A=EO% Nanini)ala ba *ayo na an# party list ay p)eden# pa#hati"hatian n# FN+=O! P=P"
@aban! PNP! @iberal at NacionalistaE
MR% OP@E% Maaari yan sapa#*at bu*as an# party list system sa lahat n# m#a partido%:
+ndeed! Commissioner Monsod stated that the purpose of the party"list pro$ision )as to open up the
system! in order to #i$e a chance to parties that consistently place third or fourth in con#ressional
district elections to )in a seat in Con#ress%
17
?e e&plained> :'he purpose of this is to open the
system% +n the past elections! )e found out that there )ere certain #roups or parties that! if )e count
their $otes nation)ide! ha$e about 4!666!666 or 4!066!666 $otes% But they )ere al)ays third or
fourth place in each of the districts% -o! they ha$e no $oice in the Assembly% But this )ay! they )ould
ha$e fi$e or si& representati$es in the Assembly e$en if they )ould not )in indi$idually in le#islati$e
districts% -o! that is essentially the mechanics! the purpose and ob(ecti$es of the party"list system%:
For its part! -ection 5 of RA 2C74 also pro$ides for :a party"list system of re#istered national!
re#ional and sectoral parties or or#ani,ations or coalitions thereof! & & &%: -ection 1 e&pressly states
that a :party: is :either a political party or a sectoral party or a coalition of parties%: More to the point!
the la) defines :political party: as :an or#ani,ed #roup of citi,ens ad$ocatin# an ideolo#y or
platform! principles and policies for the #eneral conduct of #o$ernment and )hich! as the most
immediate means of securin# their adoption! re#ularly nominates and supports certain of its leaders
and members as candidates for public office%:
Furthermore! -ection 44 of RA 2C74 lea$es no doubt as to the participation of political parties in the
party"list system% We 8uote the pertinent pro$ision belo)>
:& & &
:For purposes of the May 4CC3 elections! the first fi$e (0 ma(or political parties on the basis of party
representation in the ?ouse of Representati$es at the start of the 'enth Con#ress of the Philippines
shall not be entitled to participate in the party"list system%
& & &:
+ndubitably! therefore! political parties J e$en the ma(or ones "" may participate in the party"list
elections%
Third Issue:
Mar#inali,ed and Fnderrepresented
'hat political parties may participate in the party"list elections does not mean! ho)e$er! that any
political party "" or any or#ani,ation or #roup for that matter "" may do so% 'he re8uisite character of
these parties or or#ani,ations must be consistent )ith the purpose of the party"list system! as laid
do)n in the Constitution and RA 2C74% -ection 0! Article G+ of the Constitution! pro$ides as follo)s>
:(4 'he ?ouse of Representati$es shall be composed of not more than t)o hundred and fifty
members! unless other)ise fi&ed by la)! )ho shall be elected from le#islati$e districts
apportioned amon# the pro$inces! cities! and the Metropolitan Manila area in accordance
)ith the number of their respecti$e inhabitants! and on the basis of a uniform and
pro#ressi$e ratio! and those )ho! as pro$ided by la)! shall be elected throu#h a party"list
system of re#istered national! re#ional! and sectoral parties or or#ani,ations%
(5 'he party"list representati$es shall constitute t)enty per centum of the total number of
representati$es includin# those under the party list% For three consecuti$e terms after the
ratification of this Constitution! one"half of the seats allocated to party"list representati$es
shall be filled! as pro$ided by la)! by selection or election from the labor! peasant! urban
poor! indi#enous cultural communities! )omen! youth! and such other sectors as may be
pro$ided by la)! e&cept the reli#ious sector%: (Emphasis supplied%
Not)ithstandin# the sparse lan#ua#e of the pro$ision! a distin#uished member of the Constitutional
Commission declared that the purpose of the party"list pro$ision )as to #i$e :#enuine po)er to our
people: in Con#ress% ?ence! )hen the pro$ision )as discussed! he e&ultantly announced> :On this
first day of Au#ust 4C3/! )e shall! hopefully! usher in a ne) chapter to our national history! by #i$in#
#enuine po)er to our people in the le#islature%:
10
'he fore#oin# pro$ision on the party"list system is not self"e&ecutory% +t is! in fact! interspersed )ith
phrases li*e :in accordance )ith la): or :as may be pro$ided by la):9 it )as thus up to Con#ress to
sculpt in #ranite the lofty ob(ecti$e of the Constitution% ?ence! RA 2C74 )as enacted% +t laid out the
statutory policy in this )ise>
:-EC% 5% =eclaration of Policy% "" 'he -tate shall promote proportional representation in the election
of representati$es to the ?ouse of Representati$es throu#h a party"list system of re#istered national!
re#ional and sectoral parties or or#ani,ations or coalitions thereof! )hich )ill enable Filipino citi,ens
belon#in# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties! and )ho lac*
)ell"defined political constituencies but )ho could contribute to the formulation and enactment of
appropriate le#islation that )ill benefit the nation as a )hole! to become members of the ?ouse of
Representati$es% 'o)ards this end! the -tate shall de$elop and #uarantee a full! free and open party
system in order to attain the broadest possible representation of party! sectoral or #roup interests in
the ?ouse of Representati$es by enhancin# their chances to compete for and )in seats in the
le#islature! and shall pro$ide the simplest scheme possible%:
'he Mar#inali,ed and Fnderrepresented to Become @a)ma*ers 'hemsel$es
'he fore#oin# pro$ision mandates a state policy of promotin# proportional representation by means
of the Filipino"style party"list system! )hich )ill :enable: the election to the ?ouse of
Representati$es of Filipino citi,ens!
4% )ho belon# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties9 and
5% )ho lac* )ell"defined constituencies9 but
1% )ho could contribute to the formulation and enactment of appropriate le#islation that )ill
benefit the nation as a )hole%
'he *ey )ords in this policy are :proportional representation!: :mar#inali,ed and underrepresented!:
and :lac*
of
)ell"defined constituencies%:
:Proportional representation: here does not refer to the number of people in a particular district!
because the party"list election is national in scope% Neither does it allude to numerical stren#th in a
distressed or oppressed #roup% Rather! it refers to the representation of the :mar#inali,ed and
underrepresented: as e&emplified by the enumeration in -ection 0 of the la)9 namely! :labor!
peasant! fisherfol*! urban poor! indi#enous cultural communities! elderly! handicapped! )omen!
youth! $eterans! o$erseas )or*ers! and professionals%:
?o)e$er! it is not enou#h for the candidate to claim representation of the mar#inali,ed and
underrepresented! because representation is easy to claim and to fei#n% 'he party"list or#ani,ation
or party must factually and truly represent the mar#inali,ed and underrepresented constituencies
mentioned in -ection 0%
1/
Concurrently! the persons nominated by the party"list candidate"
or#ani,ation must be :Filipino citi,ens belon#in# to mar#inali,ed and underrepresented sectors!
or#ani,ations and parties%:
Finally! :lac* of )ell"defined constituenc;y< : refers to the absence of a traditionally identifiable
electoral #roup! li*e $oters of a con#ressional district or territorial unit of #o$ernment% Rather! it
points a#ain to those )ith disparate interests identified )ith the :mar#inali,ed or underrepresented%:
+n the end! the role of the Comelec is to see to it that only those Filipinos )ho are :mar#inali,ed and
underrepresented: become members of Con#ress under the party"list system! Filipino"style%
'he intent of the Constitution is clear> to #i$e #enuine po)er to the people! not only by #i$in# more
la) to those )ho ha$e less in life! but more so by enablin# them to become $eritable la)ma*ers
themsel$es% Consistent )ith this intent! the policy of the implementin# la)! )e repeat! is li*e)ise
clear> :to enable Filipino citi,ens belon#in# to mar#inali,ed and underrepresented sectors!
or#ani,ations and parties! & & &! to become members of the ?ouse of Representati$es%: Where the
lan#ua#e of the la) is clear! it must be applied accordin# to its e&press terms%
12
'he mar#inali,ed and underrepresented sectors to be represented under the party"list system are
enumerated in -ection 0 of RA 2C74! )hich states>
:-EC% 0% Re#istration% "" Any or#ani,ed #roup of persons may re#ister as a party! or#ani,ation or
coalition for purposes of the party"list system by filin# )ith the COME@EC not later than ninety (C6
days before the election a petition $erified by its president or secretary statin# its desire to participate
in the party"list system as a national! re#ional or sectoral party or or#ani,ation or a coalition of such
parties or or#ani,ations! attachin# thereto its constitution! by"la)s! platform or pro#ram of
#o$ernment! list of officers! coalition a#reement and other rele$ant information as the COME@EC
may re8uire> Pro$ided! that the sector shall include labor! peasant! fisherfol*! urban poor! indi#enous
cultural communities! elderly! handicapped! )omen! youth! $eterans! o$erseas )or*ers! and
professionals%:
While the enumeration of mar#inali,ed and underrepresented sectors is not e&clusi$e! it
demonstrates the clear intent of the la) that not all sectors can be represented under the party"list
system% +t is a fundamental principle of statutory construction that )ords employed in a statute are
interpreted in connection )ith! and their meanin# is ascertained by reference to! the )ords and the
phrases )ith )hich they are associated or related% 'hus! the meanin# of a term in a statute may be
limited! 8ualified or speciali,ed by those in immediate association%
13
'he Party"@ist -ystem =esecrated by the O-D Contentions
Not)ithstandin# the unmista*able statutory policy! the Office of the -olicitor Deneral submits that RA
No% 2C74 :does not limit the participation in the party"list system to the mar#inali,ed and
underrepresented sectors of society%:
1C
+n fact! it contends that any party or #roup that is not
dis8ualified under -ection /
76
of RA 2C74 may participate in the elections% ?ence! it admitted durin#
the Oral Ar#ument that e$en an or#ani,ation representin# the super rich of Forbes Par* or
=asmariKas Gilla#e could participate in the party"list elections%
74
'he declared policy of RA 2C74 contra$enes the position of the Office of the -olicitor Deneral (O-D%
We stress that the party"list system see*s to enable certain Filipino citi,ens J specifically those
belon#in# to mar#inali,ed and underrepresented sectors! or#ani,ations and parties J to be elected
to the ?ouse of Representati$es% 'he assertion of the O-D that the party"list system is not e&clusi$e
to the mar#inali,ed and underrepresented disre#ards the clear statutory policy% +ts claim that e$en
the super"rich and o$errepresented can participate desecrates the spirit of the party"list system%
+ndeed! the la) crafted to address the peculiar disad$anta#es of Payatas ho$el d)ellers cannot be
appropriated by the mansion o)ners of Forbes Par*% 'he interests of these t)o sectors are
manifestly disparate9 hence! the O-D.s position to treat them similarly defies reason and common
sense% +n contrast! and )ith admirable candor! Atty% @orna Pata(o"Lapunan
75
admitted durin# the Oral
Ar#ument that a #roup of ban*ers! industrialists and su#ar planters could not (oin the party"list
system as representati$es of their respecti$e sectors%
71
While the business mo#uls and the me#a"rich are! numerically spea*in#! a tiny minority! they are
neither mar#inali,ed nor underrepresented! for the star* reality is that their economic clout
en#enders political po)er more a)esome than their numerical limitation% 'raditionally! political po)er
does not necessarily emanate from the si,e of one.s constituency9 indeed! it is li*ely to arise more
directly from the number and amount of one.s ban* accounts%
+t is ironic! therefore! that the mar#inali,ed and underrepresented in our midst are the ma(ority )ho
)allo) in po$erty! destitution and infirmity% +t )as for them that the party"list system )as enacted "" to
#i$e them not only #enuine hope! but #enuine po)er9 to #i$e them the opportunity to be elected and
to represent the specific concerns of their constituencies9 and simply to #i$e them a direct $oice in
Con#ress and in the lar#er affairs of the -tate% +n its noblest sense! the party"list system truly
empo)ers the masses and ushers a ne) hope for #enuine chan#e% Gerily! it in$ites those
mar#inali,ed and underrepresented in the past J the farm hands! the fisher fol*! the urban poor!
e$en those in the under#round mo$ement J to come out and participate! as indeed many of them
came out and participated durin# the last elections% 'he -tate cannot no) disappoint and frustrate
them by disablin# and desecratin# this social (ustice $ehicle%
Because the mar#inali,ed and underrepresented had not been able to )in in the con#ressional
district elections normally dominated by traditional politicians and $ested #roups! 56 percent of the
seats in the ?ouse of Representati$es )ere set aside for the party"list system% +n ar#uin# that e$en
those sectors )ho normally controlled 36 percent of the seats in the ?ouse could participate in the
party"list elections for the remainin# 56 percent! the O-D and the Comelec disre#ard the
fundamental difference bet)een the con#ressional district elections and the party"list elections%
As earlier noted! the purpose of the party"list pro$ision )as to open up the system!
77
in order to
enhance the chance of sectoral #roups and or#ani,ations to #ain representation in the ?ouse of
Representati$es throu#h the simplest scheme possible%
70
@o#ic sho)s that the system has been
opened to those )ho ha$e ne$er #otten a foothold )ithin it "" those )ho cannot other)ise )in in
re#ular elections and )ho therefore need the :simplest scheme possible: to do so% Con$ersely! it
)ould be illo#ical to open the system to those )ho ha$e lon# been )ithin it "" those pri$ile#ed
sectors that ha$e lon# dominated the con#ressional district elections%
'he import of the open party"list system may be more $i$idly understood )hen compared to a
student dormitory :open house!: )hich by its nature allo)s outsiders to enter the facilities% Ob$iously!
the :open house: is for the benefit of outsiders only! not the dormers themsel$es )ho can enter the
dormitory e$en )ithout such special pri$ile#e% +n the same $ein! the open party"list system is only for
the :outsiders: )ho cannot #et elected throu#h re#ular elections other)ise9 it is not for the non"
mar#inali,ed or o$errepresented )ho already fill the ran*s of Con#ress%
Gerily! allo)in# the non"mar#inali,ed and o$errepresented to $ie for the remainin# seats under the
party"list system )ould not only dilute! but also pre(udice the chance of the mar#inali,ed and
underrepresented! contrary to the intention of the la) to enhance it% 'he party"list system is a tool for
the benefit of the underpri$ile#ed9 the la) could not ha$e #i$en the same tool to others! to the
pre(udice of the intended beneficiaries%
'his Court! therefore! cannot allo) the party"list system to be sullied and prostituted by those )ho
are neither mar#inali,ed nor underrepresented% +t cannot let that flic*er of hope be snuffed out% 'he
clear state policy must permeate e$ery discussion of the 8ualification of political parties and other
or#ani,ations under the party"list system%
Re;u1/17on o; 12e SeA/3/1e OA7n7on4
'he -eparate Opinions of our distin#uished collea#ues! Iustices Iose C% Gitu# and Gicente G%
Mendo,a! are anchored mainly on the supposed intent of the framers of the Constitution as culled
from their deliberations%
'he fundamental principle in constitutional construction! ho)e$er! is that the primary source from
)hich to ascertain constitutional intent or purpose is the lan#ua#e of the pro$ision itself% 'he
presumption is that the )ords in )hich the constitutional pro$isions are couched e&press the
ob(ecti$e sou#ht to be attained%
7/
+n other )ords! $erba le#is still pre$ails% Only )hen the meanin# of
the )ords used is unclear and e8ui$ocal should resort be made to e&traneous aids of construction
and interpretation! such as the proceedin#s of the Constitutional Commission or Con$ention! in order
to shed li#ht on and ascertain the true intent or purpose of the pro$ision bein# construed%
72
+ndeed! as cited in the -eparate Opinion of Iustice Mendo,a! this Court stated in Ci$il @iberties
Fnion $% E&ecuti$e -ecretary
73
that :the debates and proceedin#s of the constitutional con$ention
;may be consulted< in order to arri$e at the reason and purpose of the resultin# Constitution & & &
only )hen other #uides fail as said proceedin#s are po)erless to $ary the terms of the Constitution
)hen the meanin# is clear% =ebates in the constitutional con$ention .are of $alue as sho)in# the
$ie)s of the indi$idual members! and as indicatin# the reason for their $otes! but they #i$e us no
li#ht as to the $ie)s of the lar#e ma(ority )ho did not tal*! much less of the mass or our fello)
citi,ens )hose $otes at the polls #a$e that instrument the force of fundamental la)% We thin* it safer
to construe the constitution from )hat appears upon its face%. 'he proper interpretation therefore
depends more on ho) it )as understood by the people adoptin# it than in the framers.
understandin# thereof%:
-ection 0! Article G+ of the Constitution! relati$e to the party"list system! is couched in clear terms>
the mechanics of the system shall be pro$ided by la)% Pursuant thereto! Con#ress enacted RA
2C74% +n understandin# and implementin# party"list representation! )e should therefore loo* at the
la) first% Only )hen )e find its pro$isions ambi#uous should the use of e&traneous aids of
construction be resorted to%
But! as discussed earlier! the intent of the la) is ob$ious and clear from its plain )ords% -ection 5
thereof une8ui$ocally states that the party"list system of electin# con#ressional representati$es )as
desi#ned to :enable underrepresented sectors! or#ani,ations and parties! and )ho lac* )ell"defined
political constituencies but )ho could contribute to the formulation and enactment of appropriate
le#islation that )ill benefit the nation as a )hole & & &%: 'he criteria for participation is )ell defined%
'hus! there is no need for recourse to constitutional deliberations! not e$en to the proceedin#s of
Con#ress% +n any e$ent! the framers. deliberations merely e&press their indi$idual opinions and are!
at best! only persuasi$e in construin# the meanin# and purpose of the constitution or statute%
Be it remembered that the constitutionality or $alidity of -ections 5 and 0 of RA 2C74 is not an issue
here% ?ence! they remain parts of the la)! )hich must be applied plainly and simply%
Fourth Issue:
Dra$e Abuse of =iscretion
From its assailed Omnibus Resolution! it is manifest that the Comelec failed to appreciate fully the
clear policy of the la) and the Constitution% On the contrary! it seems to ha$e i#nored the facet of the
party"list system discussed abo$e% 'he O-D as its counsel admitted before the Court that any
#roup! e$en the non"mar#inali,ed and o$errepresented! could field candidates in the party"list
elections%
When a lo)er court! or a 8uasi"(udicial a#ency li*e the Commission on Elections! $iolates or i#nores
the Constitution or the la)! its action can be struc* do)n by this Court on the #round of #ra$e abuse
of discretion%
7C
+ndeed! the function of all (udicial and 8uasi"(udicial instrumentalities is to apply the
la) as they find it! not to rein$ent or second"#uess it%
06
+n its Memorandum! Petitioner Bayan Muna passionately pleads for the outri#ht dis8ualification of
the ma(or political parties J Respondents @a*as"NFC=! @=P! NPC! @P and PMP J on the #round
that under Comelec Resolution No% 7621! they ha$e been accredited as the fi$e (si&! includin# P=P"
@aban ma(or political parties in the May 47! 5664 elections% +t ar#ues that because of this! they ha$e
the :ad$anta#e of #ettin# official Comelec Election Returns! Certificates of Can$ass! preferred poll
)atchers & & &%: We note! ho)e$er! that this accreditation does not refer to the party"list election! but!
inter alia! to the election of district representati$es for the purpose of determinin# )hich parties
)ould be entitled to )atchers under -ection 5/ of Republic Act No% 24//%
What is needed under the present circumstances! ho)e$er! is a factual determination of )hether
respondents herein and! for that matter! all the 407 pre$iously appro$ed #roups! ha$e the necessary
8ualifications to participate in the party"list elections! pursuant to the Constitution and the la)%
Bayan Muna also ur#es us to immediately rule out Respondent Mamamayan Aya) sa =ro#a (MA=!
because :it is a #o$ernment entity usin# #o$ernment resources and pri$ile#es%: 'his Court! ho)e$er!
is not a trier of facts%
04
+t is not e8uipped to recei$e e$idence and determine the truth of such factual
alle#ations%
Basic rudiments of due process re8uire that respondents should first be #i$en an opportunity to
sho) that they 8ualify under the #uidelines promul#ated in this =ecision! before they can be
depri$ed of their ri#ht to participate in and be elected under the party"list system%
Duidelines for -creenin# Party"@ist Participants
'he Court! therefore! deems it proper to remand the case to the Comelec for the latter to determine!
after summary e$identiary hearin#s! )hether the 407 parties and or#ani,ations allo)ed to participate
in the party"list elections comply )ith the re8uirements of the la)% +n this li#ht! the Court finds it
appropriate to lay do)n the follo)in# #uidelines! culled from the la) and the Constitution! to assist
the Comelec in its )or*%
First! the political party! sector! or#ani,ation or coalition must represent the mar#inali,ed and
underrepresented #roups identified in -ection 0 of RA 2C74% +n other )ords! it must sho) "" throu#h
its constitution! articles of incorporation! byla)s! history! platform of #o$ernment and trac* record ""
that it represents and see*s to uplift mar#inali,ed and underrepresented sectors% Gerily! ma(ority of
its membership should belon# to the mar#inali,ed and underrepresented% And it must demonstrate
that in a conflict of interests! it has chosen or is li*ely to choose the interest of such sectors%
-econd! )hile e$en ma(or political parties are e&pressly allo)ed by RA 2C74 and the Constitution to
participate in the party"list system! they must comply )ith the declared statutory policy of enablin#
:Filipino citi,ens belon#in# to mar#inali,ed and underrepresented sectors & & & to be elected to the
?ouse of Representati$es%: +n other )ords! )hile they are not dis8ualified merely on the #round that
they are political parties! they must sho)! ho)e$er! that they represent the interests of the
mar#inali,ed and underrepresented% 'he counsel of A*syon =emo*rati*o and other similarly situated
political parties admitted as much durin# the Oral Ar#ument! as the follo)in# 8uote sho)s>
:IF-'+CE PANDAN+BAN> + am not disputin# that in my 8uestion% All + am sayin# is! the political party
must claim to represent the mar#inali,ed and underrepresented sectorsE
A''B% LAPFNAN> Bes! Bour ?onor! the ans)er is yes%:
05
'hird! in $ie) of the ob(ections
01
directed a#ainst the re#istration of An# Buhay ?ayaan# Bumabon#!
)hich is alle#edly a reli#ious #roup! the Court notes the e&press constitutional pro$ision that the
reli#ious sector may not be represented in the party"list system% 'he e&tent of the constitutional
proscription is demonstrated by the follo)in# discussion durin# the deliberations of the Constitutional
Commission>
:MR% OP@E% & & &
+n the e$ent that a certain reli#ious sect )ith nation)ide and e$en international net)or*s of members
and supporters! in order to circum$ent this prohibition! decides to form its o)n political party in
emulation of those parties + had mentioned earlier as deri$in# their inspiration and philosophies from
)ell"established reli#ious faiths! )ill that also not fall )ithin this prohibitionE
MR% MON-O=% +f the e$idence sho)s that the intention is to #o around the prohibition! then certainly
the Comelec can pierce throu#h the le#al fiction%:
07
'he follo)in# discussion is also pertinent>
:MR% G+@@ACOR'A% When the Commissioner proposed :EHCEP' RE@+D+OF- DROFP-!: he is not!
of course! prohibitin# priests! imams or pastors )ho may be elected by! say! the indi#enous
community sector to represent their #roup%
REG% R+DO-% Not at all! but + am ob(ectin# to anybody )ho represents the +#lesia ni Lristo! the
Catholic Church! the Protestant Church et cetera%:
00
Furthermore! the Constitution pro$ides that :reli#ious denominations and sects shall not be
re#istered%:
0/
'he prohibition )as e&plained by a member
02
of the Constitutional Commission in this
)ise> :;'< he prohibition is on any reli#ious or#ani,ation re#isterin# as a political party% + do not see
any prohibition here a#ainst a priest runnin# as a candidate% 'hat is not prohibited here9 it is the
re#istration of a reli#ious sect as a political party%:
03
Fourth! a party or an or#ani,ation must not be dis8ualified under -ection / of RA 2C74! )hich
enumerates the #rounds for dis8ualification as follo)s>
:(4 +t is a reli#ious sect or denomination! or#ani,ation or association or#ani,ed for reli#ious
purposes9
(5 +t ad$ocates $iolence or unla)ful means to see* its #oal9
(1 +t is a forei#n party or or#ani,ation9
(7 +t is recei$in# support from any forei#n #o$ernment! forei#n political party! foundation!
or#ani,ation! )hether directly or throu#h any of its officers or members or indirectly throu#h
third parties for partisan election purposes9
(0 +t $iolates or fails to comply )ith la)s! rules or re#ulations relatin# to elections9
(/ +t declares untruthful statements in its petition9
(2 +t has ceased to e&ist for at least one (4 year9 or
(3 +t fails to participate in the last t)o (5 precedin# elections or fails to obtain at least t)o
per centum (5M of the $otes cast under the party"list system in the t)o (5 precedin#
elections for the constituency in )hich it has re#istered%:
0C
Note should be ta*en of para#raph 0! )hich dis8ualifies a party or #roup for $iolation of or failure to
comply )ith election la)s and re#ulations% 'hese la)s include -ection 5 of RA 2C74! )hich states
that the party"list system see*s to :enable Filipino citi,ens belon#in# to mar#inali,ed and
underrepresented sectors! or#ani,ations and parties & & & to become members of the ?ouse of
Representati$es%: A party or an or#ani,ation! therefore! that does not comply )ith this policy must be
dis8ualified%
Fifth! the party or or#ani,ation must not be an ad(unct of! or a pro(ect or#ani,ed or an entity funded
or assisted by! the #o$ernment% By the $ery nature of the party"list system! the party or or#ani,ation
must be a #roup of citi,ens! or#ani,ed by citi,ens and operated by citi,ens% +t must be independent
of the #o$ernment% 'he participation of the #o$ernment or its officials in the affairs of a party"list
candidate is not only ille#al
/6
and unfair to other parties! but also deleterious to the ob(ecti$e of the
la)> to enable citi,ens belon#in# to mar#inali,ed and underrepresented sectors and or#ani,ations to
be elected to the ?ouse of Representati$es%
-i&th! the party must not only comply )ith the re8uirements of the la)9 its nominees must li*e)ise do
so% -ection C of RA 2C74 reads as follo)s>
:-EC% C% Nualifications of Party"@ist Nominees% J No person shall be nominated as party"list
representati$e unless he is a natural"born citi,en of the Philippines! a re#istered $oter! a resident of
the Philippines for a period of not less than one (4 year immediately precedin# the day of the
election! able to read and )rite! a bona fide member of the party or or#ani,ation )hich he see*s to
represent for at least ninety (C6 days precedin# the day of the election! and is at least t)enty"fi$e
(50 years of a#e on the day of the election%
+n case of a nominee of the youth sector! he must at least be t)enty"fi$e (50 but not more than thirty
(16 years of a#e on the day of the election% Any youth sectoral representati$e )ho attains the a#e of
thirty (16 durin# his term shall be allo)ed to continue in office until the e&piration of his term%:
-e$enth! not only the candidate party or or#ani,ation must represent mar#inali,ed and
underrepresented sectors9 so also must its nominees% 'o repeat! under -ection 5 of RA 2C74! the
nominees must be Filipino citi,ens :)ho belon# to mar#inali,ed and underrepresented sectors!
or#ani,ations and parties%: -urely! the interests of the youth cannot be fully represented by a retiree9
neither can those of the urban poor or the )or*in# class! by an industrialist% 'o allo) other)ise is to
betray the -tate policy to #i$e #enuine representation to the mar#inali,ed and underrepresented%
Ei#hth! as pre$iously discussed! )hile lac*in# a )ell"defined political constituency! the nominee must
li*e)ise be able to contribute to the formulation and enactment of appropriate le#islation that )ill
benefit the nation as a )hole% -enator Iose @ina e&plained durin# the bicameral committee
proceedin#s that :the nominee of a party! national or re#ional! is not #oin# to represent a particular
district & & &%:
/4
EA7:o6ue
'he linchpin of this case is the clear and plain policy of the la)> :to enable Filipino citi,ens belon#in#
to mar#inali,ed and underrepresented sectors! or#ani,ations and parties! and )ho lac* )ell"defined
political constituencies but )ho could contribute to the formulation and enactment of appropriate
le#islation that )ill benefit the nation as a )hole! to become members of the ?ouse of
Representati$es%:
Crucial to the resolution of this case is the fundamental social (ustice principle that those )ho ha$e
less in life should ha$e more in la)% 'he party"list system is one such tool intended to benefit those
)ho ha$e less in life% +t #i$es the #reat masses of our people #enuine hope and #enuine po)er% +t is
a messa#e to the destitute and the pre(udiced! and e$en to those in the under#round! that chan#e is
possible% +t is an in$itation for them to come out of their limbo and sei,e the opportunity%
Clearly! therefore! the Court cannot accept the submissions of the Comelec and the other
respondents that the party"list system is! )ithout any 8ualification! open to all% -uch position does
not only )ea*en the electoral chances of the mar#inali,ed and underrepresented9 it also pre(udices
them% +t )ould #ut the substance of the party"list system% +nstead of #eneratin# hope! it )ould create
a mira#e% +nstead of enablin# the mar#inali,ed! it )ould further )ea*en them and a##ra$ate their
mar#inali,ation%
+n effect! the Comelec )ould ha$e us belie$e that the party"list pro$isions of the Constitution and RA
2C74 are nothin# more than a play on dubious )ords! a moc*ery of noble intentions! and an empty
offerin# on the altar of people empo)erment% -urely! this could not ha$e been the intention of the
framers of the Constitution and the ma*ers of RA 2C74%
W?EREFORE! this case is REMAN=E= to the Comelec! )hich is hereby =+REC'E= to
immediately conduct summary e$identiary hearin#s on the 8ualifications of the party"list participants
in the li#ht of the #uidelines enunciated in this =ecision% Considerin# the e&treme ur#ency of
determinin# the )inners in the last party"list elections! the Comelec is directed to be#in its hearin#s
for the parties and or#ani,ations that appear to ha$e #arnered such number of $otes as to 8ualify for
seats in the ?ouse of Representati$es% 'he Comelec is further =+REC'E= to submit to this Court its
compliance report )ithin 16 days from notice hereof%1wphi 1.nt
'he Resolution of this Court dated May C! 5664! directin# the Comelec :to refrain from proclaimin#
any )inner: durin# the last party"list election! shall remain in force until after the Comelec itself )ill
ha$e complied and reported its compliance )ith the fore#oin# disposition%
'his =ecision is immediately e&ecutory upon the Commission on Elections. receipt thereof% No
pronouncement as to costs%
-O OR=ERE=%
Bellosillo, Melo, Puno, Kapunan, Pardo, Buena, and Gona!a"#e$es, %%., concur%
&a'ide, %r., (.%., in the result%
)itu! and Mendoa, %%., see dissentin# opinion%
*uisu+,in!, &e -eon, %r., and Sando'al"Gutierre, %%., (oin the dissent of %. )icente M. Mendoa.
.nares"Santia!o, %., abroad on official business%
"oo1no1e4
4
-i#ned by Chairman Alfredo @% Benipayo and Commissioners @u,$iminda D% 'ancan#co!
Rufino -% B% Ia$ier! Ralph C% @antion! Mehol L% -adain! Resurreccion O% Borra and Florentino
A% 'uason Ir%
5
Omnibus Resolution No% 1230! p% 419 #ollo (DR No% 47203C! p% 76%
1
I,id%! pp% 54"559 #ollo! pp% 73"7C%
7
#ollo (DR No% 47203C! pp% 525"521%
0
#ollo (DR No% 47203C! pp% 506"5/1%
/
#ollo (DR No% 47203C! pp% 535"531%
2
-ee #ollo (DR No% 472/41! p% 551%
3
'-N (DR No% 47203C and 472/41! May 42! 5664! p% 7C%
C
#ollo (DR No% 47203C! pp% 7"21%
46
#ollo (DR No% 47203C! p% 27%
44
Comments )ere filed by MA=! Ba#on# Bayani! 'he 'rue Marcos @oyalists! the Comelec!
Partido n# Masan# Pilipino! the @iberal Party! the Office of the -olicitor Deneral! CREBA!
@a*as"NFC="FM=P! the Philippine @ocal Autonomy Mo$ement! A*syon =emo*rati*o!
Citi,ens. =ru# Watch Foundation! An# Buhay ?ayaan# Bumabon#! An# @a*as n# OCW! and
-ports and ?ealth Foundation%
45
#ollo (DR No% 472/41! pp% 1"70%
41
#ollo (DR No% 472/41! p% 7/%
47
'hese )ere filed by the Office of the -olicitor Deneral! the Comelec! the Ba#on# Bayani
Or#ani,ation! Mamamayan Aya) sa =ro#a! and the Philippine @ocal Autonomy Mo$ement%
40
Memoranda )ere filed by Petitioners Bayan Muna and An# Ba#on# Bayani"OFW @abor
Party9 and Respondents Mamamayan Aya) sa =ro#a! CREBA! the Ba#on# Bayani
Or#ani,ation! the Office of the -olicitor Deneral! and A*syon =emo*rati*o% Manifestations
instead of memoranda )ere filed by @a*as"NFC= and OCW%
4/
-ee the May 42! 5664 Resolution! p% 59 #ollo (DR No% 472/41! p% 33%
42
-ee! e%#%! the Ba#on# Bayani Or#ani,ation.s Memorandum! pp% 1"79 A*syon =emo*rati*o.s
Memorandum! pp% 5"19 and MA=.s Memorandum! pp% 1"/%
43
Rules and re#ulations #o$ernin# the filin# of a petition for re#istration! a manifestation to
participate! and the names of nominees under the party"list system of representation in
connection )ith the May 47! 5664 national and local elections%
4C
O-D.s Memorandum! pp% /"479 #ollo (DR No% 472/41! pp% 404"40C%
56
-ection 4! Article G+++ of the Constitution! pro$ides> :Iudicial po)er includes the duty of the
courts of (ustice to settle actual contro$ersies in$ol$in# ri#hts )hich are le#ally demandable
and enforceable! and to determine )hether or not there has been a #ra$e abuse of
discretion amountin# to lac* or e&cess of (urisdiction on the part of any branch or
instrumentality of the Do$ernment%:
54
:-EC'+ON 4% What pleadin#s are not allo)ed% 'he follo)in# pleadin#s are not allo)ed>
& & &
d motion for reconsideration of an en banc rulin#! resolution! order or decision e&cept in
election offense cases9
& & & :
55
=oc*eted as -PA 64"441% As earlier noted! A*bayan also filed before the Comelec a similar
Petition! doc*eted as -PA"64"46C% -ee Anne&es 4 and 5! Comment of the Office of the
-olicitor Deneral9 #ollo (DR No% 47203C! pp% 506 et se8% and 5// et se8%
51
-ection 4! Rule /0% -ee Filoteo $% -andi#anbayan! 5/1 -CRA 555! October 4/! 4CC/9 BF
Corporation $% CA! 533 -CRA 5/2! March 52! 4CC39 D-+- $% Olisa! 167 -CRA 754! March
46! 4CCC9 National -teel Corporation $% CA! DR No% 417712! Ianuary 14! 56669 -ahali $%
Comelec! DR No% 4174/C! February 5! 5666
57
Republic $% -andi#anbayan! 5/C -CRA 14/! March 2! 4CC2! per Pan#aniban! I% -ee also
AB-"CBN Broadcastin# Corporation $% Commission on Elections! DR No% 41173/! Ianuary
53! 56669 Central Ban* $% Cloribel! 77 -CRA 162! April 44! 4C25%
50
-alon#a $% Cru, PaKo! 417 -CRA 713! February 43! 4C30! per Dutierre,! Ir%! I% -ee also
'aKada $% An#ara! 525 -CRA 43! May 5! 4CC29 Duin#ona $% Don,ales! 54C -CRA 15/!
March 4! 4CC1%
5/
AB-"CBN $% Comelec! DR No% 41173/! Ianuary 53! 5666! per Pan#aniban! I%
52
Petition of An# Ba#on# Bayani"OFW @abor Party! p% 409 #ollo (DR No% 47203C! p% 43%
53
Petition of Bayan Muna! p% 439 #ollo (DR No% 472/41! p% 56%
5C
O-D Comment! p% 439 #ollo (DR No% 47203C! p% 577%
16
Emphasis supplied% -ee also PP42 and 43! Article G+ of the Constitution%
14
+t may be noted that )hen the Constitution )as bein# drafted in the early days of the post"
Marcos era! FN+=O )as the dominant political party%
15
Record of the Constitutional Commission! Gol% ++! p% 3/%
11
Record of the Constitutional Commission! Gol% ++! p% 026%
17
Record of the Constitutional Commission! Gol% ++! p% 3/%
10
Record of the Constitutional Commission! Gol% ++! p% 0/4%
1/
In/ra%
12
A,arcon $% -andi#anbayan! 5/3 -CRA 272! February 5/! 4CC29 Ramire, $% CA! 573 -CRA
0C6! -eptember 53! 4CC0%
13
35 C%I%-% -tatutes P 114%
1C
O-D Comment! p% 439 #ollo (DR No% 47203C! p% 577%
76
In/ra%
74
'-N! May 42! 5664! pp% 472"473%
75
Counsel of A*syon =emo*rati*o%
71
'-N! May 42! 5664! pp% 423"436%
77
Supra% -ee also P/! Article +H (C of the Constitution! )hich reads> :A free and open party
system shall be allo)ed to e$ol$e accordin# to the free choice of the people! sub(ect to the
pro$isions of this Article%:
70
-ection 5 of RA 2C74 states in part as follo)s> :& & &% 'o)ards this end! the -tate shall
de$elop and #uarantee a full! free and open party system in order to attain the broadest
possible representation of party! sectoral or #roup interests in the ?ouse of Representati$es
by enhancin# their chances to compete for and )in seats in the le#islature! and shall pro$ide
the simplest scheme possible%:
7/
IM 'uason Q Co%! +nc% $% @and 'enure Administration! 14 -CRA 741! February 43! 4C269
cited in Ruben C% A#palo! -tatutory Construction! 4CC6 ed%! p% 144% -ee also Dold Cree*
Minin# Corp% $% Rodri#ue,! // Phil 50C! 5/7 (4C13%
72
-ee A#palo! I,id%! p% 141%
73
4C7 -CRA 142! February 55! 4CC4! per Fernan! CI9 8uotin# Common)ealth $% Ralph! 444
Pa 1/0! 1 Atl 556%
7C
'aKada $% An#ara! 525 -CRA 43! May 5! 4CC2% -ee also -antia#o $% Duin#ona! 5C3 -CRA
20/! No$ember 43! 4CC39 Miranda $% A#uirre! 147 -CRA /61! -eptember 4/! 4CCC9 Darcia $%
?RE'! 145 -CRA 101! Au#ust 45! 4CCC%
06
Geterans Federation Party et al% $% Comelec et al%! DR No% 41/234! October /! 5666%
04
-ee Galmonte $% Court of Appeals! 161 -CRA 523! February 43! 4CCC9 +ncion# Ir% $% CA!
502 -CRA 023! Iune 5/! 4CC/9 Palomado $% N@RC! 502 -CRA /36! Iune 53! 4CC/9 ?eirs of
the @ate 'eodoro Duarin# Ir% $% CA! 5/C -CRA 531! March 2! 4CC29 -esbreKo $% Central
Board of Assessment Appeals! 526 -CRA 1/6! March 57! 4CC29 PCDD $% Co(uan#co Ir%! 165
-CRA 542! Ianuary 52! 4CCC%
05
'-N! May 42! 5664! p% 436%
01
Petition of An# Ba#on# Bayani"OFW @abor Party! p% 4/9 #ollo (DR No% 47203C! p% 4C%
07
Record of the Constitutional Commission! Gol% +! p% /1/%
00
Record of the Constitutional Commission! Gol% ++! p% 03C%
0/
P5 (0! Article +H (C%
02
Christian -% Monsod%
03
Record of the Constitutional Commission! Gol% +! p% /17
0C
-ee also P44! Comelec Resolution No% 1162"A%
/6
-ee P5 (7! Article +H (B of the Constitution% -ee also Article 5/4 (o! BP 334%
/4
'he bicameral conference committee on the disa#reein# pro$ision of -enate Bill No% 4C41
and ?ouse Bill No% 1676! Ianuary 14! 4CC7! p% 7%
The Lawphil Project - Arellano Law Foundation