Factual antecedents of this case pinned against the

Info icon This preview shows pages 166–167. Sign up to view the full content.

View Full Document Right Arrow Icon
factual antecedents of this case, pinned against the new parameters in screening party-list groups laid down in Atong Paglaum the Court finds 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. The flaw in the COMELEC's disposition lies in the fact that it insists on requiring party-list groups to present evidence showing that they have a track record in representing the marginalized and underrepresented. Track record is a record of past performance often taken as an indicator of likely future performance. As a requirement imposed by Ang Bagong Bayani for groups intending to participate in the party-list elections, track record pertains to the actual activities undertaken by groups to uplift the cause of the sector/s, which they represent. 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. Track record is not the same as the submission or presentation of "constitution, by-laws, platform of government, list of officers, coalition agreement, and other relevant information as may be required by the COMELEC," which are but mere pieces of documentary evidence intended to establish that the group exists and is a going concern. The said documentary evidence presents an abstract of the ideals that national, regional, and sectoral parties or organizations seek to achieve. This is not merely a matter of semantics; the delineation of what constitutes a track record has certain consequences in a group's bid for registration under the party-list system. Under Section 5 of R.A. No. 7941, groups intending to register under the party- list system are not required to submit evidence of their track record; they are merely required to attach to their verified petitions their "constitution, by-laws, platform of government, list of officers, coalition agreement, and other relevant information as may be required by the COMELEC." 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
Image of page 166

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 167
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern