Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

OMNIBUS RESOLUTION
Second Division

IN THE MATTER OF THE REGISTRATION FOR THE PARTY-LIST ELECTIONS OF SECTORAL PARTIES, ORGANIZATIONS, COALITIONS IN CONNECTION WITH THE MAY 10, 2004 NATIONAL ELECTIONS

Promulgated: 07 January 2004

The determination of granting or denying registration of a sectoral party, organization, political party or coalition under the party-list system is undoubtedly an exercise of the Comelec Constitutional power of administering laws related to the conduct of elections.

Sec. 2 (5), Article IX (C) of the Constitution provides:

"Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; x x x"

Unequivocal is the mandate of Republic Act No. 7941 for this Commission to accredit those national, regional, sectoral parties or organizations or coalitions thereof belonging to marginalized and underrepresented sectors, organizations and parties, and who lack well-defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation. These sectors include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers and professionals. The purpose of the enactment of RA 7941 is to implement the constitutional mandate on party-list representation and the intent of the Constitution is "to give genuine power to the people, not only by giving more in law to those who have less in life, but more so by enabling them to become veritable lawmakers themselves (Bagong Bayani, et. al. vs. COMELEC, et al. G.R. No. 147589, 26 June 2001).

In light of the foregoing premises, the Supreme Court in the case of Bagong Bayani illumined and enumerated the eight-point guidelines in the screening of the said sectors or organizations, to wit:

1. The political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in Section 5 of RA 7941.

2. Compliance with the declared statutory policy of enabling "Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House of Representatives;

3. The political party, sector, organization or coalition is not a religious sect or denomination;

4. A party or organization must not be disqualified under Section 6 of RA 7941;

5. The party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by, the government;

6. The party must not only comply with the requirements of the law; its nominees must likewise do so;

7. It is not only the candidate party or organization which must represent marginalized and underrepresented sectors but also its nominees; and

8. The nominee must likewise be able to contribute to the formulation and enactment of appropriate legislation.

For the 2004 elections, the Commission promulgated Resolution No. 6320 entitled: "Rules And Regulations Governing The Filing Of Petitions For Registration, Manifestation To Participate, And Submission Of Names Of Nominees Under The Party-List System Of Representation In Connection With The May 10, 2004 National And Local Elections".

"Sec. 7. Documents to support petition for registration. - The following documents shall support petitions for registration:

a) Constitution and by-laws;

b) Platform or program of government;

c) List of officers and members particularly showing that the majority of its membership belonging to the marginalized and underrepresented sector/s it seeks to represent;

d) Track record summary showing that it represents and seeks to uplift the marginalized and underrepresented sector/s it seeks to represent;

e) Coalition agreement, if any; and

f) Other information required by the Comelec

A filing fee of three thousand pesos (P3,000.00), and a research fee of fifty pesos (P50.00) shall be charged for each petition.

Sec. 8. Contents of manifestation to participate. " The manifestation to participate shall be under oath and state the following:

a) name and nature of the filer, whether a sectoral party, sectoral organization, political party or coalition;

b) the date of its registration with the Commission;

c) that at no time has it ceased to exist for a period of one (1) year from the time of its registration; and d) its desire to participate in the party-list election.

Hearings were conducted on the petitions for registration and the parties after establishing jurisdictional requirements were required to file their memoranda, particularly on the following matters:

a) A statement of the contents of the petition which is a clear and concise statement of the allegations in the petition for registration and compliance with Sec. 6 of Resolution No. 6320;

b) A statement of compliance of the jurisdictional requirements;

c) A statement of the background of the organization from date of its inception and its existence which must be one (1) year at the time of filing of the petition;

d) A statement on the particular organized groups it represent including its constituency and the number of its chapters;

e) A statement that all the officers and members are made aware of the petition and have given their consent, to be attached as annexes to the memorandum;

f) A statement that its affiliates, if any, have given their consent, to be attached as annexes to the memorandum;

g) A statement of its intention to participate in the party-list election and it is marginalized and underrepresented as laid down in R.A. 7941; and

h) A description of the documents supporting the petition for registration with a brief summary of the contents of said document.

Deliberations were made on the petitions, evidence attached thereto, their constitution and by-laws and relevant documents and the memorandum submitted taking into account the seriousness of said party, organization or coalition to participate in the elections.

After an exhaustive evaluation, the Commission, hereby RESOLVES as follows:

a) To GRANT the registration of the following sectoral parties, organizations or coalitions:

SPP NO. 03-005 (PL) - ANG LABAN NG INDIGINONG FILIPINO (ALIF)

Petitioner, in February 24, 2003, filed a petition for the registration of its organization as a national sectoral party-list organization. On September 30, 2003, however, it filed a verified motion to amend petition for registration praying that their representation be limited to the regions of the National Capital Region and of Region X.

The Regional Election Directors of Regions X and NCR submitted their respective verification report, as conducted by their Provincial Election Supervisors and Election Officers, of the existence of the petitioner in their respective regions. Accordingly, the reports claim that Petitioner exists in the majority of the municipalities in all the provinces in Region X and in the majority of the districts in the NCR.

Petitioner alleged that it represents the sector of the indigenous cultural communities especially those located or have their origin in the hinterlands of Region X. There is no doubt that indigenous cultural communities are either unrepresented or under-represented in the government. It is therefore the Commission's thinking that the Petitioner's constituents are the very sector that the party-lit has to empower thereby granting them their prayer that they be registered to join the party-list system.

SPP NO. 03-055 (PL) - ANG NAGKAKAISANG KABATAAN PARA SA SAMBAYANAN (ANAK NG BAYAN)

On 21 July 2003, Anak Ng Bayan filed a Petition For Registration And Accreditation With Manifestation wherein it alleged the following:

1. That it is "national sectoral party committed in upholding, defending and promoting the interests of the youth in the attainment of their full potential as Filipino citizens";

2. That it is "working in pursuit of its vision to uphold youth empowerment by contributing in the process of nation-building and social transformation;

3. That it held its Founding Convention on 19 June 2001, and has since been in continuous existence and active participation in different youth agenda;

4. That the "members of ANAK ng BAYAN are composed of students, young professionals, youth workers, youth peasants, out-of-school youth, and youth from different communities all over the country, not limited to an electoral district or territorial unit, with ages ranging from thirteen (13) to thirty five (35) years old"; and,

5. That it is not in any manner disqualified by law from participating in the party-list system;

Anak Ng Bayan is an organization representing the youth sector, and has amply demonstrated a track record for representing the interest of the marginalized and underrepresented youth sector. From its foregoing verified allegations, it has shown that it has all the qualifications and none of the disqualifications provided for by law.

SPP NO. 03-068 (PL) - AGING PILIPINO ORGANIZATION (APO), INC. "AGING PINOY"

The petition filed by the group representing the marginalized sector of the elderly, substantially complies with the requirements for registration pursuant to Comelec Resolution 6320 promulgated on September 12, 2003. The petition was filed on August 9, 2003 and corresponding filing and legal research fess were paid on the same day. The jurisdictional requirements of publication were complied with.

SPP NO. 03-074 (PL) - VETERANS FREEDOM PARTY (VFP)

The petition filed by the group representing the marginalized sector of the veterans and the elderly, substantially complies with the requirements for registration pursuant to Comelec Resolution 6320 promulgated on September 12, 2003. The petition was filed on August 15, 2003 and the corresponding filing and legal research fees were paid on the same day. The jurisdictional requirements of publication were complied with.

The sectoral organization Veterans Freedom Party (VFP) was organized in July 2003 as a separate and distinct entity from the Veterans Federation Party (VFP) which was previously disqualified by the Supreme Court from the party-list elections of 2001 for having connections with the government-established Veterans Federation of the Philippines. It was, however, candid enough to acknowledge that it has the same membership that has grown and multiplied and known then as the Veterans Federation Party.

The disqualification of the Veterans Federation Party is presently pending motion for reconsideration before the Commission, under the main argument that the Veterans Federation Party is the party list arm arising from the group of veterans who are naturally members of the Veterans Federation of the Philippines. When the party was first accredited for the 1998 elections, it was able to sit one nominee in the House of Representatives, until 2001, when it was disqualified for the foregoing reason.

This time however, the group seeking accreditation as the Veterans Freedom Party, has come up with its own Board of Trustees, a separate organizational structure, and funds from "membership dues, revenues from fund-raising activities, donations and contributions and such other resources as may be raised by the Party (Petitioner's Constitution, Article VIII, Finances and Resources, Section 1)."

Considering the foregoing, and the fact that the veterans and elderly are a legitimate marginalized sector which deserves to be represented in Congress; and further considering that no formal objection has been filed in the case, the petition for accreditation of the Veterans Freedom Party is hereby granted.

SPP NO. 03-095 (PL) - AHONBAYAN

The petition filed by the group representing the marginalized sector of the peasantry and urban poor, substantially complies with the requirements for registration pursuant to Comelec Resolution 6320 promulgated on 12 September 2003. The petition was filed on September 29, 2003 and the corresponding filing and legal research fees were paid on the same day. The jurisdictional requirements were complied with.

SPP NO. 03-098 (PL) - SUARA BANGSAMORO

Petitioner SUARA BANGSAMORO asseverated that it represents the Bangsamoro people with the following objectives:

1. To unite the Bangsamoro for the Party principles and objectives;

2. To assert the right to self-determination and work for the dismantling of all oppressive and discriminatory laws and action plans and programs of social institutions that trample upon and deny the Moro people their basic human rights;

3. To promote a self-reliant economy through genuine industrialization, land reform and sustainable development programs to curtail the continuing plunder of the natural resources of Bangsamoro by selfish vested interest;

4. To strengthen unity and cooperation between the Bangsamoro and the Filipino people by pursuing collective actions on common problems and common aspirations and interfaith-dialogues;

5. To institute programs and mechanisms that shall address the continuing displacement of the Moro people from their homeland; to initiate measures that would stop corporate plunder of and intrusion into the Bangsamoro land and resources;

6. To promote initiatives that shall safeguard the economic rights of the Moro communities in their places of re-settlement and their workplaces abroad;

7. To work for the attainment of peace based on social justice and support the peace talk that address the root causes of the armed conflict in Mindanao;

8. To uphold the Bangsamoro people's basic human rights and freedom and ensure justice for all victims of human rights violations by initiating corresponding support programs;

9. To promote and enhance the cultural heritage of the Bangsamoro for better understanding and appreciation by their Christian and ethnic brethren; and,

10. To contribute to the formulation of a foreign policy that is independent and mutually beneficial to both the Bangsamoro and the Filipino people and that shall promote closer fraternal unity with the islamic countries and the rest of the world.

It also alleged that that Bangsamoro is a regional political party which was founded on March 18, 2002. It has chapters in the majority provinces of Autonomous Region of Muslim Mindanao and cities of Davao and Cotabato.

The objectives of Bangsamoro clearly reflect the concerns of its members as part of indigenous cultural community which concerns can be better addressed in the halls of legislative branch of our government. Bangsamoro belongs to a marginalized or underrepresented sector and has been in existence for more than one year.

It is not a religious sect or denomination, organization or association organized for religious purposes. Likewise, records on hand do not disclose that Bangsamoro advocate violence, violate any laws, rules or regulations pertaining to elections, or otherwise a foreign party or organization or receive support from any foreign government, foreign political party, foundation or organization.

In sum, Bangsamoro appears to possess none of the disqualifications provided under RA 7941.

SPP NO. 03-102 (PL) - PHILIPPINE CONFEDERATION OF DRIVERS ORGANIZATION AND ALLIANCE OF CONCERNED TRANSPORT OPERATORS (PCDO-ACTO), INC.

Petitioner (PCDP-ACTO) is a non-stock, non-profit organization or association having been registered on March 31, 2000 with the Securities and Exchange Commission. It is a sectoral (transport) organization, which seeks to represent its constituency consisting of various drivers' and operators' organizations, associations, chapters or local federations of Jeepneys, Buses, Taxis, Tricycles and other mass transport vehicles, as well as individual members thereof over the country.

According to petitioner it represents the marginalized and underrepresented group. At present there is no duly elected representative coming from the transport drivers, operators and workers directly or indirectly employed in the transport sector to effect necessary legislations directly or indirectly affecting them, advocate causes in their behalf, or simply give them a direct voice in the Congress and in the larger affairs of the state.

In support of its petition, petitioner attaches copy of their program of government, list of officers and their respective addresses and representatives of its affiliates parties or organization, minutes of general membership meeting showing its members consent to participate in the May 2004 elections.

Petitioner's platforms of government are as follows:

1. Improve the country's road conditions and create new road and highway systems as well as improve transportation and traffic system in the country;

2. Protect and improve the livelihood of the lowly drivers and operators without sacrificing environmental concerns;

3. Create additional economic opportunities for the people in the transportation sector and the people at large;

4. Eradicate graft and corruption not only in the government agencies concerned but also on the street where ordinary drivers ply everyday;

5. Strengthen the country's criminal justice system;

6. In general, to propose and enact measures to help boost the country's economic growth.

Upon close scrutiny of the records of their petition we opt to grant PCDO-ACTO INC.'s petition for accreditation as a Sectoral Party representing the urban poor such as drivers and operators' of Jeepneys, Buses, Taxis, Tricycles and other mass transport vehicles all over the country. From the standpoint stressed by PCDO-ACTO in their petition we affirm that it represents the marginalized and under represented sectors or organizations and lacks well-defined constituencies and from its laid down platform of government it could really contribute, formulate and enact appropriate legislation that will benefit the nation as a whole.

Hence, the petition for accreditation of PCDO ACTO as Sectoral Party representing the urban poor is hereby granted.

SPP NO. 03-119 (PL) - ALAB KATIPUNAN (AK)

Petitioner has extensively documented and supported its claim that they have been in the forefront in representing various marginalized sectors, such as labor, youth, women, urban poor, fisherfolk, indigenous peoples and peasants by attaching documents, photos and press releases evidencing their activities in promoting the welfare of the members of their organization.

They have also submitted a well-prepared roster of membership with their corresponding local chapters across the country. Considering the extent of the Petitioner's regional chapters and membership, as alleged in their petition, it is safe for the Commission to assume that the same may have the capacity and viability to conduct a nation-wide political campaign as well as to properly represent their sector in the party-list system.

b) To DENY the registration of the following sectoral parties, organizations or coalitions:

SPP NO. 03-008 (PL) - ALLIANCE VOLUNTEER EDUCATORS (AVE)

Petitioner is seeking registration as a sectoral organization with national constituency composed mainly of professionals. It was incorporated on 20 December 2001 as evidenced by its Certificate of Incorporation duly issued by the Securities and Exchange Commission.

AVE has the following objectives:

To cater and serve to the educational needs of educators and dependents by providing them with the necessary financial, spiritual and moral support.

To engage in the fund raising activities, solicitation, donation and industrial contribution for the benefit of the Alliance's members, dependents and other beneficiaries.

To establish an A.V.E. fund and use the income thereof specifically to propagate and harness the full professional development of each member for the scholarship program of their dependents and beneficiaries and to engage in worthwhile projects as the Board of Directors may deem necessary.

The record of this case shows that AVE is not a marginalized or underrepresented organization within the contemplation of RA 7941. As a sectoral organization composed mainly of professionals, i.e. educators, professors, teachers, and students, AVE's concerns may be coursed through the appropriate agency of the government such as the Department of Education (DEP ED).

Hence, the undersigned recommends denial of AVE's petition for accreditation under the party list system.

SPP NO. 03-049 (PL) - PILIPINO PATRIOTS, INC. (PPI)

In its Petition filed on May 8, 2003, Pilipino Patriots, Incorporated (PPI) alleged that:

1. It is a national organization representing tricycle drivers nationwide as one class of rural and urban poor;

2. It has office address at No. 10 Anahaw Street, Town and Country Executive Village, Marcos Highway, Antipolo, Rizal;

3. It is a non-profit organization;

4. It is not a religious sect or denomination;

5. It shall not pursue any unlawful means nor violence in the pursuit of its purpose;

6. It shall uphold and adhere to the Constitution of the Philippines and shall obey all laws and legal orders promulgated by duly constituted authorities;

7. It is not supported by and does not accept financial contributions from any foreign government or their agencies;

8. It will distribute its FIRST booklet xxx titled "LETS FIX THE PHILIPPINES (Ayusin an(g) Pilipinas)" to wake up Filipinos and propose solutions on how to a) eliminate poverty, b) stop corruption, c) fight crime and drugs, d) cure malnutrition, e) stop election cheating, f) upgrade education; and,

9. Its program of government consists of the following:

a. Seek to pass laws to cover franchise operations of tricycle nationwide so as to guide all municipalities in regulating tricycle operations

b. Set up health coverage programs for the benefit of its members and families.

c. Provide legal advise (sic) and assistance to all its members that get into an accident.

d. Train all its members to obey traffic rules and road courtesy to avoid accidents and for the maintenance of a smooth flow of traffic in the areas of their operations.

e. Set up a National coop spare parts depot to ensure low prices of parts.

f. Encourage SSS contributions for old age pension plan.

g. Train all Tricycle Drivers to improve and succeed in their life by teaching them to set goals, believe in themselves, develop confidence, be honest in all dealings, develop self-esteem, and learn time management to accomplish more in life.

However, a close scrutiny of the allegations and documents submitted by PPI reveals that it fails to present any document evidencing its membership nationwide. This contradicts its allegation that it is a nationwide association of tricycle drivers.

Moreover, PPI appears not to belong to a marginalized or underrepresented sector within the contemplation of RA 7941. The concerns of PPI may be addressed by or through the appropriate agency or instrumentality of the government.

SPP NO. 03-071 (PL) - ALYANSA NG MGA MIYEMBRO NG SOCIAL SECURITY SYSTEM (UNITED SOCIAL SECURITY SYSTEM MEMBER, INC.)

The petitioner failed to show that it is representative of the interests of an identifiable underprivileged and marginalized sector of society as contemplated by the Constitution and RA 7941 and as further explained by the Supreme Court in the case of Ang Bagong Bayani vs. Comelec, G.R. No. 147589, June 26, 2001. In the said case, the Court explained that the political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in Section 5 of RA 7941 (labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, elderly, women, youth, veterans, overseas workers and professionals). In other words, it must show, through its Constitution, Articles of Incorporation, By Laws, history, platform of government and track record, that, it represents and seeks to uplift marginalized and underrepresented sectors. It can do this only if majority of its membership should belong to the marginalized and underrepresented. However, the records show that the petitioner declares to represent the 23,000,000 members of the Social Security System (see annexes, the petition and complaint filed with the RTC and MTC, respectively, by the same organization praying for the issuance of a writ of preliminary injunction in the management of SSS funds and assets). It is evident therefore that what the petitioner is actually representing is a cross-section of the whole populace, which has been identified in the petition itself as "all the executive officers, board members, staffs and the nation's 23 million active and retired SSS covered members which include professionals, workers, peasants, elderly, youths, women, and other marginalized and underrepresented group bound together through collective concerns in the promotions of social insurance". The Constitution and RA 7941 do not, by any mode of statutory construction, contemplate such a broad and vague definition of what is marginalized and underrepresented. The petitioner therefore, which seeks to be registered as a sectoral organization, does not appear to represent an identifiable marginalized and/or underrepresented sector which direly needs representation because of the very nature of the group, as properly enumerated in the Constitution and Section 5 of RA 7941.

SPP NO. 03-073 (PL) - ABANTE-TRANSPORT COOP

The petitioner's President, Jaime S. Domdom, is an appointee of the Office of the President (OP) as Chairman of the Office of Transportation Cooperatives (OTC), an attached agency of the Department of Transportation and Communication (DOTC). The participation of government or its officials in the affairs of a party-list candidate is not illegal and unfair to the other parties, but also deleterious to the objective of the law: to enable citizens belonging to the marginalized and underrepresented sectors and organizations to be elected to the House of Representatives.

Additionally, petitioner seeks to represent the labor sector but its membership is composed of "the workers and operators in the transport industry, particularly the members of transport cooperatives consisting of drivers, conductors, mechanics, allied workers and vehicle owners or operators who are members of transport cooperatives (Records, p. 47). Its membership is under the jurisdiction of and governed by the rules on cooperatives as administered by the Cooperative Development Authority (CDA) and not by Labor Code of the Philippines. Moreover, there is no employer-employee relationship between the drivers of transport cooperatives and the cooperative. Hence, petitioner cannot properly seek to represent the labor sector.

SPP NO. 03-080 (PL) - ADVOCATES AND ADHERENTS OF SOCIAL JUSTICE FOR SCHOOL TEACHERS AND ALLIED WORKERS (AASJS)

In its Petition filed on 29 August 2003, ASSJS alleged that "it is an organization established for the advancement and protection of the rights and welfare of school teachers and non-academic personnel such as janitors, librarians, electricians, plumbers and security personnel in private educational institutions in the Philippines".

As can be gleaned from its Constitution and By-Laws, AASJS aims to protect the interest of teachers. While this is a worth-emulating intention, it would not qualify AASJS to participate in the party list system since the sector it represents does not belong to a marginalized or underrepresented sector as contemplated by RA 7941.

SPP NO. 03-086 (PL) - ANG KALIPUNAN NG MGA SANDIGAN NG PILIPINAS, INC. (ANG KASAPI PARTY)

ANG KASAPI Party filed its Petition on 24 September 2003 wherein it seeks accreditation as National Capital Region (NCR) Regional Party as party list participant in the 10 May 2004 National and Local Elections. It alleged that it was reorganized on April 6, 2003 in order to reconstitute its national movement organization. Attached to its Petition are list of its officers and organizers, program of government and its Constitution and By-Laws.

A perusal of the allegations and documents presented by Ang Kasapi Party shows that it does not truly represent any marginalized or underrepresented sector.

SPP NO. 03-091 (PL) - MASA NG PILIPINO

Masa ng Pilipino was founded on August 21, 2002 as evidenced by its Certificate of Incorporation issued by the Securities and Exchange Commission. It seeks to register as a National Sectoral Party representing the group of people such as fisherfolk, peasant, urban poor, farmers, and indigenous cultural communities. It has a nationwide constituency.

It is dedicated to the principle that the people's interest and welfare must always comes first whose principal advocacy pertain to the special interest of the community to develop and harness people's participation in every economic activity toward the development of the community as a whole.

The following are the objectives of Masang Pilipino:

1. To establish, nationalist and popular government by empowering the people, ensuring their representation and participation in all levels of government decision-making.

2. To assert national sovereignty and independence and protect the national patrimony from foreign domination and control.

3. To promote self-reliant and sustainable socio-economic development through the integrated programs of genuine land reform, national industrialization and protection of the environment.

4. To uphold and protect the people's basic human rights and freedoms and ensure justice for all victims of human rights violation.

5. To improve the social economic welfare of workers, peasants and other marginalized sectors by providing a comprehensive and progressive program in basic social services and livelihood.

6. To promote a national culture that is progressive, patriotic, scientific popular and develop research and development in science and technology.

7. To guarantee the right to self-determination of the Bangsa Moro, Cordillera and other indigenous peoples and ensure their participation in all matters that directly affect them.

8. To remove all forms of gender oppression and discrimination against a women and promote their full involvement in national affairs and other fields of endeavor.

9. To advance a national comprehensive policy on peace negotiations to address decisively the root causes of the prolonged armed conflict that has historically beset our country.

10. To foster a just policy of international relations that is independent peace-oriented and mutually beneficial to our integrity, security and prosperity as a nation.

As stated in the records of its petition submitted by Masang Pilipino, it has a nationwide constituency, however it failed to attached in their records the list of all its chapter officers and members. There is no showing in its petition where Masang Pilipino obtained their funds and how they can wage a nationwide campaign. Moreover, it did specify what particular sectoral party it seeks to represent under the party list system as enumerated under Section 5 of RA 7941. It appears not to be a marginalized or underrepresented sector.

Hence, it is hereby denied.

SPP NO. 03-094 (PL) - CRUSADERS OF LAW, EQUALITY AND TRUTH

Crusaders of Law, Equality and Truth filed a Petition for Registration on 29 September 2003 stating that it seeks to represent the labor and urban and rural poor sectors; that it is not a religious sect or denomination, organization or association organized for religious purposes; that it shall not advocate violence or unlawful means to achieve its goals; that it is not an adjunct of, or a project organized, or an entity funded or assisted, by the government; that it is not a foreign party or organization, whether directly or indirectly, or through its officers or members, or indirectly through third parties; that it was established on 13 February 2002 and that it commits to comply with the laws, rules and regulations relating to elections.

It has no concrete program of government that will truly and seriously represent the interest of the marginalized sectors it purportedly represents. Neither does it belong to a marginalized or underrepresented sector.

Thus, this Commission (Second Division) is inclined to deny the petition for registration of Crusaders of Law, Equality and Truth.

SPP NO. 03-100 (PL) - BAGONG MAMAMAYAN ANG DINGGIN (BMAD)

Petitioner Bagong Mamayan ang Dinggin (BMAD) alleged in its petition filed on 30 September 2003 that it is a movement whose membership espouses the concerns of marginalized and underrepresented sectors for our communities to be free from crime, corruption and government efficiency; that it is not religious sect or denomination organization or association organized for religious purposes; that it doe not advocate violence or unlawful means to achieve its goal; that it is not a foreign party or organization and that it does not receive support for partisan political purposes from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties.

BMAD objectives as contained in its Constitution and By-Laws are as follows:

1. Campaign against all forms of crime, corruption and government inefficiency by organizing and mobilizing mass actions in all provinces nationwide.

2. Make the people aware through education programs and activities like symposiums in barangays and/or education in all school levels.

3. Proliferate instructional materials such as posters, comic books, magazines and pamphlets.

4. Work for the passage of comprehensive and efficient legislations against crime, corruption and government inefficiency especially those that affect our marginalized and underrepresented sectors.

5. Create rehabilitation programs for jailed criminals who come from marginalized and underrepresented sectors so that when they are released, they will have an alternative means of livelihood.

6. Conduct fundraising projects to support the activities, programs and activities of BMAD.

Also attached to its petition is an Amended Articles of Incorporation of Mamayan Ayaw Sa Droga (MAD) Foundation, Incorporated showing that BMAD was formerly MAD.

A closer look of the pleadings and Constitution and By-Laws of BMAD shows that it does not appear to represent any particular marginalized and underprivileged sectors as mandated by RA 7941. Conversely, it represents diverse groups in our society with concerns about all forms of crimes, drugs, corruption and inefficiency in the government.

Further, the disqualification of MAD (which is now using the name BMAD) for being funded or assisted by the government, was already settled, ruled upon and confirmed by the Supreme Court in the case of Bagong Bayani, et al. vs. COMELEC, et al., G.R. 147589 promulgated on 25 June 2003.

SPP NO. 03-104 (PL) - ANAK MAHIRAP LEARNING CENTER, INC. (Formerly Street Children's Home of Opportunities Learning (S.C.H.O.O.L.)

In its Petition filed on 30 September 2003, Anak Mahirap Learning Center, Inc., stated that it is a sectoral party with members consisting of "out of school youths displaced by poverty, civil war and neglect"; that it is not a religious sector denomination, organization or association organized for religious purposes; that it does not advocate violence or unlawful means to achieve its goal; that it is not a foreign party or organization; that it does receive support for partisan political purposes from any foreign government, foreign political party, foundation, organization; that it commits to comply with the law, rules or regulation relating to elections and that it has been in existence for six (6) years.

Since this commission cannot rely on mere allegations, this petition must be dismissed for failure of S.C.H.O.O.L. to present proof that it exists and acquires juridical personality for at least one (1) year pursuant to Section 6(r) of Resolution No. 6320. Besides, it is not clear what marginalized sector it seeks to represent.

SPP NO. 03-106 (PL) - AN WARAY

Petition was filed on September 30, 2003. Petitioner claims to have membership in the majority of municipalities in the provinces of the Eastern Visayas Region (Region VIII), however, the submitted list of local chapters does not have exact address.

Furthermore, the petitioner's claim that their constituents are marginalized or underrepresented is without merit. Every Filipino is presumed to be a resident of a particular district in the country and should therefore be considered as a constituent of the elected political leaders of the district where s/he resides, regardless of his/her region of origin or regional affiliations. Regional aggrupations should not be allowed to participate in the party-list considering that they are already represented in their respective regions and are also represented if they reside in areas outside of their regions. Petitioners should have instead, applied for registration as a political party.

SPP NO. 03-108 (PL) - NOVELTY ENTREPRENEURSHIP AND LIVELIHOOD FOR FOOD (NELFFI), INC.

The party claims to be a national organization with 4,000 individual members, however, the same cannot be verified since it only submitted the names of its local chapter coordinators with insufficient addresses. It is not also clear which marginalized and underrepresented sector it is seeking to represent.

Certainly the business or entrepreneurial sector is not the marginalized sector being contemplated by the Constitution. Considering that petitioner has been founded in 1998, its failure to submit a summary of its track record for the past four (4) years does not give flesh to its posturing that it works for the interest of the marginalized sectors identified in its submitted platform or objectives. Petitioner attached in its petition its By-Laws but failed to submit its organization's Constitution or Articles of Incorporation.

SPP NO. 03-110 (PL) - SAY NO TO DRUGS MOVEMENT OF THE PHILIPPINES, INC.

Petitioner does not specifically state the marginalized and underrepresented sector or sectors it seeks to represent. It cannot be ascertained if the sector they seek to represent is marginalized and underrepresented. Furthermore, it cannot be ascertained if majority of its membership belong to the marginalized and underrepresented sector or sectors it seeks to represent.

SPP 03-117 (PL) - ABOT-KAMAY - THE SEARCA FELLOWS ASSOCIATION OF THE PHILIPPINES, INC. (ABOT-KAMAY)

On 30 September 2003, Abot-Kamay filed a Petition for Registration alleging that it seeks to represent the marginalized and underrepresented sector of professionals; that it is a regional organization in Region IX; that it is not a religious sect or denomination; that it shall not pursue its goals through violence or other unlawful means; that it shall uphold and adhere to the Philippines Constitution and obey all laws and legal orders and that it is not supported by nor does it accept any financial contribution or material aids from any foreign government and/or their agencies.

Abot-Kamay was issued a Certificate of Incorporation by the Securities and Exchange Commission (SEC) on 27 September 2001.

An examination of the pleadings and documents presented by Abot-Kamay shows that it does not represent the marginalized sector.

SO ORDERED.

(Sgd.) RALPH C. LANTION
Presiding Commissioner
(Sgd.) MEHOL K. SADAIN
Commissioner
(Sgd.) FLORENTINO A. TUASON, JR.
Commissioner

x ----------------------------------------------------------------------------------------------------------------- x

CERTIFICATION

THIS IS TO CERTIFY that the conclusions in the foregoing resolution were reached in consultation by the members of the Commission (First Division).



(Sgd.) RALPH C. LANTION
Presiding Commissioner


The Lawphil Project - Arellano Law Foundation