MANILA -- The Supreme Court (SC) laid down new parameters in the accreditation of party-list groups after it remanded to the Commission on Elections (Comelec) the disqualification cases of some groups that want to represent the marginalized sector in Congress.
In a decision dated April 2, the Court said the Comelec did not commit grave abuse of discretion when it denied the accreditation of 54 groups for the May 13 elections.
"However, since the Court adopts in this decision new parameters in the qualification of national, regional and sectoral parties under the party-list system, thereby abandoning the rulings in the decisions applied by the Comelec in disqualifying petitioners, we remand to the Comelec all the present 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 new parameters prescribed in this decision," the Court said through Senior Associate Justice Antonio Carpio.
The new parameters are the following:
1. 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.
2. 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.
3. 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.
4. 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 constituencies include professionals, the elderly, women and the youth.
5. 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.
6. National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, provided that they have at least ONE nominee who remains qualified
In the decision, 41 groups will still have a chance to participate in the elections while 13 groups are no longer included in the official ballot but their cases are remanded to the Comelec for proper processing and evaluation using the new guidelines.
In her concurring and dissenting opinion, Chief Justice Maria Lourdes Sereno said the decision may have "further marginalized" the already marginalized and underrepresented because of the entry of national and regional parties into the party-list scene.
"What the ponencia fails to appreciate is that the party-list system under the 1987 Constitution and RA 7941 is not about mere political plurality, but plurality with a heart for the poor and disadvantaged," she said.
The report on SC's decision to change its 2001 ruling in Ang Bagong Bayani-OFW Labor Party versus Comelec circulated on Thursday as poll body Chairman Sixto Brillantes said they will just follow the ruling.
He said there is still sufficient time to tackle the petitions.
A total of 84 groups, including those which secured status quo ante order from the SC, were included in the official ballot.
Joining Carpio in ruling that the Comelec did not abuse its discretion were Sereno and Associate Justices Teresita Leonardo-De Castro, Lucas Bersamin, Mariano Del Castillo, Martin Villarama, Jr., and Jose Perez.
Associate Justices Arturo Brion, Diosdado Peralta, Roberto Abad, Jose Mendoza, Bienvenido Reyes, and Marvic Leonen were in the minority.
Associate Justice Presbitero Velasco inhibited since his relatives are taking part in the party-list elections while Justice Estela Perlas-Bernabe was on leave. (Virgil Lopez/Sunnex)