The case of Atong Paglaum v.

COMELEC, refers to the 54 Petitions for certiorari and

Petitions for Certiorari and Prohibition assailing the esolution made b! the COMELEC
in "hich dis#ualif!ing them in $artici$ating the Ma! %&, '(%& election. The $etitioner
claims that the COMELEC committed grave abuse of discretion amounting to lac) or
e*cess of +urisdiction in dis#ualif!ing $etitioners either b! denial of their ne" $etitions
for registration under the $art!,list s!stem, or b! cancellation of their e*isting registration
and accreditation as $art!,list organi-ations and "hether the criteria for $artici$ating in
the $art!,list s!stem laid do"n in Ang Bagong Bayani and Barangay Association for
National Advancement and Transparency v. Commission on Elections (BANAT) should be
a$$lied b! the COMELEC in the coming %& Ma! '(%& $art!,list elections. .herein, all
national, regional, and sectoral grou$s or organi-ations must re$resent the /marginali-ed
and underre$resented/ sectors, and all nominees must belong to the /marginali-ed and
underre$resented/ sector the! re$resent. Petitioners ma! have been dis#ualified b! the
COMELEC because as $olitical or regional $arties the! are not organi-ed along sectoral
lines and do not re$resent the /marginali-ed and underre$resented./ Also, $etitioners0
nominees "ho do not belong to the sectors the! re$resent ma! have been dis#ualified,
although the! ma! have a trac) record of advocac! for their sectors. Li)e"ise, nominees
of non,sectoral $arties ma! have been dis#ualified because the! do not belong to an!
sector. Moreover, a $art! ma! have been dis#ualified because one or more of its
nominees failed to #ualif!, even if the $art! has at least one remaining #ualified nominee.
The court1s ruling "as that COMELEC did not commit grave abuse of discretion in
follo"ing the $arameters in $revailing decisions of the 2u$reme Court in dis#ualif!ing
$etitioners from $artici$ating in the coming %& Ma! '(%& $art!,list elections. 3o"ever,
the $resent 4% (AKB, Atong Paglaum, AA!, AC, "N#$A%, &B'(P)B#,
&)ANAP*)"A%#AN+, A B!E++E% Party(!ist, &(CAE, APEC, AT, AA', A)#,
AK$A(PT$, KAP, AK'(BA,A-, BANTA-, PAC-A., PA+AN) $A+%A, KAK"+A, A),
ANA%, )EEN/'CE, /#$ 01(K, A!#$, AA$A, +$AT, ABP, BA-AN#, AAN#, A(
#PA, C'C'/E%, ABAN) !#N)K'%, AB'A%, B#N,#, B"T#!, &st KABA)#+, &(
"TAK, +EN#' C#T#2EN+) $etitions "ere granted to $artici$ate on Ma! %&, '(%&
election and the %& $etitions (A+#N, $anila Teac3ers, A!A(E,, &AAAP, AK#N, AAB, A#,
A!'NA, A!A$, KA!#KA+AN, )"A%4AN, PPP, and PBB) "hich have been granted
2tatus 4uo Ante Orders but "ithout mandator! in+unction to include the names of
$etitioners in the $rinting of ballots, are remanded to the COMELEC onl! for
determination "hether $etitioners are #ualified to register under the $art!,list s!stem
under the ne" $arameters $rescribed in this 5ecision but the! shall not $artici$ate in the
%& Ma! '(%& $art,list elections. The 4% $etitions, "hich have been granted mandator!
in+unctions to include the names of $etitioners in the $rinting of ballots, are remanded to
the Commission on Elections for determination "hether $etitioners are #ualified to
register under the $art!,list s!stem and to $artici$ate in the %& Ma! '(%& $art!,list
elections under the ne" $arameters $rescribed in this 5ecision. The ne" $arameters set
forth b! the Court are the follo"ing6
%. Three different grou$s ma! $artici$ate in the $art!,list s!stem6 7%8 national $arties or
organi-ations, 7'8 regional $arties or organi-ations, and 7&8 sectoral $arties or
organi-ations.
'. 9ational $arties or organi-ations and regional $arties or organi-ations do not need to
organi-e along sectoral lines and do not need to re$resent an! /marginali-ed and
underre$resented/ sector.
&. Political $arties can $artici$ate in $art!,list elections $rovided the! register under the
$art!,list s!stem and do not field candidates in legislative district elections. A $olitical
$art!, "hether ma+or or not, that fields candidates in legislative district elections can
$artici$ate in $art!,list elections onl! through its sectoral "ing that can se$aratel!
register under the $art!,list s!stem. The sectoral "ing is b! itself an inde$endent sectoral
$art!, and is lin)ed to a $olitical $art! through a coalition.
4. 2ectoral $arties or organi-ations ma! either be /marginali-ed and underre$resented/ or
lac)ing in /"ell, defined $olitical constituencies./ :t is enough that their $rinci$al
advocac! $ertains to the s$ecial interest and concerns of their sector. The sectors that are
/marginali-ed and underre$resented/ include labor, $easant, fisherfol), urban $oor,
indigenous cultural communities, handica$$ed, veterans, and overseas "or)ers. The
sectors that lac) /"ell,defined $olitical constituencies/ include $rofessionals, the elderl!,
"omen, and the !outh.
5. A ma+orit! of the members of sectoral $arties or organi-ations that re$resent the
/marginali-ed and underre$resented/ must belong to the /marginali-ed and
underre$resented/ sector the! re$resent. 2imilarl!, a ma+orit! of the members of sectoral
$arties or organi-ations that lac) /"ell,defined $olitical constituencies/ must belong to
the sector the! re$resent. The nominees of sectoral $arties or organi-ations that re$resent
the /marginali-ed and underre$resented,/ or that re$resent those "ho lac) /"ell,defined
$olitical constituencies,/ either must belong to their res$ective sectors, or must have a
trac) record of advocac! for their res$ective sectors. The nominees of national and
regional $arties or organi-ations must be bona,fide members of such $arties or
organi-ations.
;. 9ational, regional, and sectoral $arties or organi-ations shall not be dis#ualified if
some of their nominees are dis#ualified, $rovided that the! have at least one nominee
"ho remains #ualified.