Walden Bello vs.

COMELEC
GR No. 191998

Facts: On November 29, 2009, Ang Galing ng Pinoy Party List (AGPP) filed with the Commission
on Elections (COMELEC) its Manifestation of Intent to Participate in the May 10, 2010 elections.
Subsequently, on March 23, 2010, AGPP filed its Certificate of Nomination together with the
Certificates of Acceptance of its nominees.

On March 25, 2010, the COMELEC issued Resolution No. 8807 which prescribed the rules of
procedure applicable to petitions to disqualify a party-list nominee for purposes of the May 10,
2010 elections. Thereafter, the petitioner through Teddy Casino filed with the COMELEC a
petition for disqualification against Mikey Arroyo.

It was assailed in the petition that Arroyo is not a member of marginalized and underrepresented
sectors because he is a member of the First Family, but is also an incumbent member of the
House of Representatives and he is also the Chairman of Committee on Energy and other key
Committees in the lower house of the Congress.

Arroyo argued that COMELEC had no jurisdiction over issues involving qualification of party-list
nominees. In the meantime, Bello and Rosales wrote COMELEC Law Department requesting for
a copy of the documentary evidence submitted by AGPP. It is found that AGPP had not yet
submitted any documentary evidence required by the COMELEC Resolution. COMELEC
thereafter, dismissed the petitions for disqualification against Arroyo. Thus, this petition.

Issue: Should jurisdiction over Arroyos qualification as AGPP nominee now properly be with
House of Representatives Electoral Tribunal since Arroyo has been proclaimed and has assumed
office as a member of the House of Representatives?

Held: Yes. HRET has jurisdiction to pass upon the qualification of party-list nominee after their
proclamation and assumption of the office. They are, for all intents and purposes, elected
members of the House of Representatives although the entity directly voted upon was the party.
 Atong Paglaum vs COMELEC
GR No. 203766

Facts: These constitute 54 petitions for Certiorari and petitions for certiorari and prohibitions filed
by 52 party-list groups and organizations assailing the Resolution issued by the COMELEC
disqualifying them from participating in the May 13, 2013 party-list elections, either by denial of
their petitions for registrations under the party-list system or cancellation of their registration and
accreditation as party-list organization.

In COMELEC Resolution, to grant Partido ng Bayan ng Bidas registration and accreditation as

political party in the National Capital Region. However, PBB was denied to participate in the May
13, 2013 election because PBB does not represent the marginalized and underrepresent sector
where PBB also failed to apply the registration as a party-list group; and PBB failed to establish
its track record as an organization that seeks to uplift the lives of the marginalized and
underrepresented.

The 39 petitions were able to secure the mandatory injunction from the Supreme Court, directing
the COMELEC to include the names of these 39 petitioners in the printing of the official ballot for
the May 13, 2013 party-list elections.

Petitioners prayed for the issuance of TRO and/or writ of preliminary injunction. The Court issued
Status Quo Ante Orders in all petitions.

Issue: W/N the COMELEC committed grave abuse of discretion amounting to lack or excess of
jurisdiction in disqualifying from participating in the May 2013 party-list election, either by denial
of their new petitions for registration under the party-list election.

Held: No. However, since the Court adoptions 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 decision applied by the COMELEC in disqualifying the petitions, the Court remands
to the COMELEC all the petitions for the COMELEC to determine who are qualified to register
under the party-list system, under the new parameters prescribed in this decision.

In qualifying party-lists, the COMELEC must use the following parameters:

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 candidates in legislative district elections. A political party, whether major
or not, that fields candidates in legislative district elections 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 sectoral 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 constituencies. It is enough that their principal advocacy pertains to the
special interest and concerns of their 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 organizations that represent the marginalized
and underrepresented must belong to the marginalized and underrepresented sector they
represent. Similarly, a majority of the members of sectoral parties or organizations that lack well-
defined political constituencies must belong to the sector they represent. The nominees of
sectoral parties or organizations that represent the marginalized and underrepresented, or that
represent those who lack well-defined political constituencies, either must belong to their
respective sectors, or must have a track record of advocacy for their respective sectors. The
nominees of national and regional parties or organizations must be bona-fide members of such
parties or organizations.

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.