Digest: Atong Paglaum, Inc. v. Commission on Elections (694 SCRA 486, 2013)

Facts:

• The case constitute 54 Petitions for Certiorari and Petitions for Certiorari and Prohibition filed by 52 party-list groups and organizations assailing the Resolutions issued by the Commission on Elections (COMELEC) disqualifying them from participating in the 13 May 2013 party-list elections, either by denial of their petitions for registration under the party-list system, or cancellation of their registration and accreditation as party-list organizations.
• Pursuant to the provisions of Republic Act No. 7941 (R.A. No. 7941) and COMELEC Resolution Nos. 9366 and 9531, approximately 280 groups and organizations registered and manifested their desire to participate in the 13 May 2013 party-list elections
• December 5, 2012, the COMELEC En Banc affirmed the COMELEC Second Division’s resolution to grant Partido ng Bayan ng Bida’s (PBB) registration and accreditation as a political party in the National Capital Region. However, PBB was denied participation in the elections because PBB does not represent any "marginalized and underrepresented" sector.
• 13 petitioners were not able to secure a mandatory injunction from the Court. The COMELEC, on 7 January 2013 issued Resolution No. 9604, and excluded the names of these 13 petitioners in the printing of the official.
• Pursuant to paragraph 2 of Resolution No. 9513, the COMELEC En Banc scheduled summary evidentiary hearings to determine whether the groups and organizations that filed manifestations of intent to participate in the elections have continually complied with the requirements of R.A. No. 7941 and Ang Bagong Bayani-OFW Labor Party v. COMELEC (Ang Bagong Bayani).
• 39 petitioners were able to secure a mandatory injunction from the Court, directing the COMELEC to include the names of these 39 petitioners in the printing of the official ballot for the elections.
• Petitioners prayed for the issuance of a temporary restraining order and/or writ of preliminary injunction. This Court issued Status Quo Ante Orders in all petitions. 

Issue: Whether the COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction in disqualifying petitioners from participating in the elections.

Ruling: No. In determining who may participate in party-list elections, the COMELEC shall adhere to the following parameters: a. 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. b. 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. c. 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. d. Sectoral parties or organizations may either be "marginalized and underrepresented" or lacking in "welldefined 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. e. 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 87 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. f. 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