ABANG LINGKOD PARTY-LIST ABANG LINGKOD, Petitioner,
vs.
COMMISSION ON ELECTIONS, Respondent.
G.R. No. 206952 October 22, 2013
FACTS:
ABANG LINGKOD is a sectoral organization that represents the interests of peasant fanners and
fisherfolks, and was registered under the party-list system on December 22, 2009. It participated
in the May 2010 elections, but failed to obtain the number of votes needed for a seat in the House
of Representatives.
On August 2, 2012, the COMELEC issued Resolution No. 9513, which, inter alia required
previously registered party-list groups that have filed their respective Manifestations of Intent to
undergo summary evidentiary hearing for purposes of determining their continuing compliance
with the requirements under Republic Act (R.A.) No. 7941 and the guidelines set forth in Ang
Bagong Bayani-OFW Labor Party v. COMELEC.
On August 16, 2012, ABANG LINGKOD, in compliance with the COMELEC's August 9, 2012
Resolution, filed with the COMELEC pertinent documents to prove its continuing compliance
with the requirements under R.A. No. 7941.
After due proceedings, the COMELEC En Banc in a Resolution dated November 7 2012, cancelled
ABANG LINGKOD's registration as a party list group. The COMELEC En Banc pointed out that :
1. ABANG LINGKOD failed to establish its track record in uplifting the cause of the
marginalized and underrepresented; that it merely offered photographs of some alleged
activities it conducted after the May 2010 elections.
2. The COMELEC En Banc further opined that ABANG LINGKOD failed to show that its
nominees are themselves marginalized and underrepresented or that they have been
involved in activities aimed at improving the plight of the marginalized and
underrepresented sectors it claims to represent.
ISSUE:
WON the COMELEC gravely abused its discretion in cancelling the registration of ABANG
LINGKOD under the party-list system. (YES)
RULING:
The Court held that the COMELEC gravely abused its discretion in cancelling the registration of
ABANG LINGKOD under the party-list system. The COMELEC affirmed the cancellation of
ABANG LINGKOD's registration on the ground that it declared untruthful statement in its bid
for accreditation as a party-list group in the May 2013 elections, pointing out that it deliberately
submitted digitally altered photographs of activities to make it appear that it had a track record
in representing the marginalized and underrepresented. Essentially, ABANG LINGKOD's
registration was cancelled on the ground that it failed to adduce evidence showing its track record
in representing the marginalized and underrepresented.
R.A. No. 7941 did not require groups intending to register under the party-list system to submit
proof of their track record as a group. The track record requirement was only imposed in Ang
Bagong Bayani where the Court held that national, regional, and sectoral parties or organizations
seeking registration under the party-list system must prove through their, inter alia, track record
that they truly represent the marginalized and underrepresented.
In Atong Paglaum, the Court has modified to a great extent the jurisprudential doctrines on who
may register under the party-list system and the representation of the marginalized and
underrepresented. For purposes of registration under the party-list system, national or regional
parties or organizations need not represent any marginalized and underrepresented sector; that
representation of the marginalized and underrepresented is only required of sectoral
organizations that represent the sectors stated under Section 5 of R.A. No. 7941 that are, by their
nature, economically marginalized and underrepresented.
Contrary to the COMELEC's claim, sectoral parties or organizations, such as ABANG LINGKOD,
are no longer required to adduce evidence showing their track record, i.e. proof of activities that
they have undertaken to further the cause of the sector they represent. Indeed, it is enough that
their principal advocacy pertains to the special interest and concerns of their sector. Otherwise
stated, it is sufficient that the ideals represented by the sectoral organizations are geared towards
the cause of the sector/s, which they represent.
