Nanorods

- organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidate in public office. (Bayan Muna v. Comelec, GR No. 147613, June 28, 2001)

 To acquire juridical personality and to entitle it to rights and privileges granted to political parties, it must be registered with COMELEC



policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidate in public office. (Bayan Muna v. Comelec, GR No. 147613, June 28, 2001)

 To acquire juridical personality and to entitle it to rights and privileges granted to political parties, it must be registered with COMELEC.

Groups Disqualified for Registration:

1. religious denominations or sects; 2. those who seek to achieve their

goals through violence or unlawful means;

3. those who refuse to uphold and adhere to Constitution; and

4. those supported by foreign governments.

Grounds for Cancellation of Registration:

1. accepting financial contributions from foreign governments or their agencies; and

2. failure to obtain at least 10% of votes casts in constituency where party fielded candidates.

San Beda College of Law

71

MEMORY AID IN POLITICAL LAW

Party System – a free and open party

system shall be allowed to evolve according to free choice of people.



no votes cast in favor of political party, organization or coalition shall be valid except for those registered under the party-list system provided in the Constitution;



political parties registered under party-list system shall be entitled to appoint poll watchers in accordance with law; and



part-list representatives shall constitute 20% of total number of representatives in the House.

Guidelines for screening party-list participants

1. The political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in Sec. 5 of RA 7941. Majority of its member-ship should belong to the marginalized and underrepresented; 2. While even major political parties

are expressly allowed by RA 7941 and the Constitution, they must comply with the declared statutory policy of “Filipino citizens belonging to marginalized and under-represented sectors to be elected to the House of Representatives”. Thus, they must show that they represent the interest of the marginalized and underrepresented.

3. That religious sector may not be represented in the party-list system; except that priests, imam or pastors may be elected should they represent not their religious sect but the indigenous community sector; 4. A party or an organization must not

be disqualified under Sec. 6, RA 7941 as follows:

a. it is a religious sect or denomination, organization or association organized for religious purposes;

b. it advocates violence or unlawful means to seek its goals;

c. it is a foreign party or organization;

d. it is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

e. it violates or fails to comply with laws, rules or regulation relating to elections;

f. it declares untruthful statements in its petition;

g. it has ceased to exist for at least one (1) year; or

h. it fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in two (2) preceding elections for the constituency in which it has registered.

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, including its nominees must comply with the qualification requirements of section 9, RA 7941 as follows: “No person shall be

nominated as party-list

representative unless he is: (a) natural-born citizen of the Philippines; (b) a registered voter; (c) a resident of the Philippines for a period of not less than one year immediately preceding the day of the election; (d) able to read and write; (e) a bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election; and (f) at least 25 years of age on the day of the election. In case of a nominee of the youth sector, he must at least be twenty five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his terms”;

POLITICAL LAW COMMITTEE



CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary

Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,

7. not only the candidate party or organization must represent marginalized and underrepresented sectors, so also must its nominees; 8. while lacking the a well-defined

political constituency, the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. (Ang

Bagong Bayani-OFW Labor Party, v. COMELEC, GR No. 147589, June 26,

2001).

III. DISQUALIFICATION OF

In document UNIVERSIDAD COMPLUTENSE DE MADRID (página 103-121)