The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a major political party which has participated in every election since the enactment of the 1987 Constitution. It has fielded candidates mostly for legislative district elections. In fact, a number of its members were elected, and are actually serving, in the House of Representatives. In the coming 2016 elections, the PMP leadership intends to join the party-list system.
Can PMP join the party-list system without violating the Constitution and Republic Act (R.A.) No. 7941? (4%)
Suggested answer only. Not an official answer and not legal advice.
Yes, PMP can join the party-list system without violating the Constitution and R.A. No. 7941. Under Section 5(1), Article VI of the Constitution and Atong Paglaum v. COMELEC, political parties, whether major or not, may participate
Unlock the full Political Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Section 5(1), Article VI of the 1987 Constitution and Atong Paglaum v. COMELEC, can major political parties participate in the party-list system?
In Atong Paglaum v. COMELEC, the Supreme Court ruled that political parties may participate in the party-list system.
How can a major political party that fields candidates in legislative district elections participate in the party-list system?
A major political party fielding district candidates can participate in the party-list system only through a separately registered sectoral wing.
According to Atong Paglaum v. COMELEC, what requirement must nominees of a sectoral party-list group satisfy?
Sectoral party-list nominees must either belong to the sector they represent or possess a proven track record of advocacy for that sector.
What statute governs the registration and election of party-list representatives in the Philippines?
Choices available with full access.
Why does the law require a major political party's sectoral wing to register separately with the COMELEC?
Choices available with full access.
Learn more about these topics
1. Party-List Participation
Under Section 5(1), Article VI of the 1987 Philippine Constitution and Republic Act No. 7941, the party-list system was established to enable Filipino citizens belonging to marginalized and underrepresented sectors, as well as political parties, to become members of the House of Representatives. In the landmark case of Atong Paglaum v. COMELEC, the Supreme Court modified previous doctrine by ruling that political parties—whether major or national—do not need to represent marginalized sectors to participate in party-list elections. However, the law continues to regulate how political parties participate to preserve equal opportunities for sectoral representation.
2. Sectoral Wing Requirement
When a national or regional political party fields candidates in legislative district elections, it cannot directly field candidates in the party-list system under the same organizational identity. Under the parameters established in Atong Paglaum v. COMELEC, such a major political party can only participate in the party-list system through its sectoral wing. The sectoral wing must be an arm of the political party that represents a specific sector, such as labor, peasants, or youth, and must separately register under the party-list system with the COMELEC to ensure proper sectoral representation.
3. Independent Sectoral Registration
To ensure compliance with Republic Act No. 7941, a major political party's sectoral wing must satisfy independent registration requirements before the COMELEC. The sectoral wing must possess its own constitution, by-laws, membership, and track record representing the sectoral group. Furthermore, nominees of the sectoral wing must belong to the sector they seek to represent or have a proven track record of advocacy for that sector. This requirement prevents major political parties from dominating party-list seats while upholding the constitutional mandate for diverse sectoral representation in Congress.