Hret gr no 189600 june292010 note in case of vacancy

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Unformatted text preview: r sub‐groups for the seat allocated to their sector. 4. The members of the party seeking accreditation must have an inherent regional or national presence. 22 Except for matters the COMELEC can take judicial notice of, the party applying for accreditation must prove its claims by clear and convincing evidence. (Separate Opinion of Justice Abad, Ang Ladlad LGBT Party v. COMELEC, G.R. No. 190582, Apr. 8, 2010) Q: Has the Ang Ladlad Party‐List amply proved that it meets the requirements for sectoral party accreditation? A: Yes. Their members are in the vulnerable class like the women and the youth. Ang Ladlad represents a narrow definition of its class (LGBTs) rather than a concrete and specific definition of a sub‐group within the class (group of gay beauticians, for example). The people that Ang Ladlad seeks to represent have a national presence. (Separate Opinion of Justice Abad, Ang Ladlad LGBT Party v. COMELEC, G.R. No. 190582, Apr. 8, 2010) Q: What are the grounds for the cancellation of registration? A: 1. Accepting financial contributions from foreign governments or agencies; and 2. Failure to obtain at least 10% of the votes casts in the constituency where the party fielded candidates. (Ang Bagong Bayani‐OFW Labor Party, v. COMELEC, G.R. No. 147589, June 25, 2003) Q: Can major political parties participate in the party‐list elections? A: No. It is not open to all but only to the marginalized and the underrepresented. Allowing all individuals and groups, including those which now dominate district elections, to have the same opportunity to participate in the party‐list elections would desecrate this lofty objective and mongrelize the social justice mechanism into an atrocious veneer for traditional politics. (Ang Bagong Bayani‐OFW Labor Party v. COMELEC, G.R. No. 147589, June 26, 2001) Q: Who shall be voted? A: The registered national, regional or sectoral party‐list groups or organizations and not their candidates. Q: Who are elected into office? POLITICAL LAW TEAM: A...
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