180-230.docx - CASE NO 180 ARTICLE VI Party-List Representation Magdalo para sa pagbabago v COMELEC 673 SCRA 651 G.R No 190793 FACTS Magdalo filed its

180-230.docx - CASE NO 180 ARTICLE VI Party-List...

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CASE NO. 180 ARTICLE VI - Party-List Representation Magdalo para sa pagbabago v COMELEC, 673 SCRA 651, G.R. No. 190793 FACTS : Magdalo filed its Petition for Registration with the COMELEC, seeking its registration and/or accreditation as a regional political party based in the NCR for participation in the May 10 2010 Elections. COMELEC issued its resolution denying the petition for registration filed by MAGDALO where it held that Magdalo Para sa Pagbabago should be refused in registration in accordance with Article IX-C, Section 2(5) of the Constitution. It is common knowledge that the party’s organizer and Chairman, Trillanes and some members participated in the take-over of the Oakwood Premier Apartments in Ayala Center, Makati City, wherein several innocent civilian personnel were held hostage. This and the fact that they were in full battle gear at the time of the mutiny clearly show their purpose in employing violence and using unlawful means to achieve their goals in the process defying the laws of organized societies. The Petition is hereby denied. MAGDALO filed a motion for reconsideration, which was elevated to the COMELEC En Banc for resolution. MAGDALO filed a manifestation and motion for early resolution dated December 23, 2009, in which it clarified its intention to participate in the May 10, 2010 National and Local Elections as a party-list group. COMELEC En Banc denied the motion for reconsideration filed by MAGDALO. ISSUE : Whether the COMELEC gravely abused its discretion when it denied the petition for registration filed by MAGDALO on the ground that the latter seeks to achieve its goals through violent or unlawful means. RULING : No, but without prejudice to MAGDALO’s filing anew of a Petition for Registration. The COMELEC has a constitutional and statutory mandate to ascertain the eligibility of parties and organizations to participate in electoral contests. The relevant portions of the 1987 Constitution is: Article IX-C, Section 2(5): Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens’ arms of the COMELEC. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. MAIN POINT : The COMELEC only has to assess whether the party or organization seeking registration or accreditation pursues its goals by employing acts considered as violent or unlawful, and not necessarily criminal in nature. CASE NO. 181 ARTICLE VI - Party-List Representation Atong Paglaum Inc. v COMELEC, G.R.
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  • Fall '19
  • United States House of Representatives, Metro Manila, Makati City, COMELEC, Party-list proportional representation

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