2014 (Political Law) Bar Exam Questions: Question 5

[Answer/discuss the question below. Or see 2014 bar exam Political Law Instructions; 2014 Political Law Questions: 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

V.

Greenpeas is an ideology-based political party fighting for environmental causes. It decided to participate under the party-list system. When the election results came in, it only obtained 1.99 percent of the votes cast under the party-list system. Bluebean, a political observer, claimed that Greenpeas is not entitled to any seat since it failed to obtain at least 2% of the votes. Moreover, since it does not represent any of the marginalized and underrepresented sectors of society, Greenpeas is not entitled to participate under the party-list system. How valid are the observations of Bluebean? (4%)

4 comments

  1. The observations of Bluebean are valid since the constitution states that a political party list needs to obtain 2% of the votes cast under the party list system for it to be entitled a seat in the House of Representatives. Moreover, for a party list to be qualified, it should represent the marginalized or underrepresented sector of the society which Greenpeas failed to meet. Hence, Bluebeen’s observations are valid.

    1. The observations of Bluebean are not valid. In BANAT v. COMELEC, it has been held that party list organizations garnering at least 2% of the total votes cast is guaranteed a seat distributed in the first round of seat distribution. However, the remaining seats of the 20% allocation after the first round of distribution shall be distributed to party list organization including those that received less than 2% of the total votes. Moreover, In Atong Paglaum Inc v. COMELEC, it has been held that political parties or organizations do not need to organize along sectoral lines and do not need to represent any marginalized and underrepresented sector provided they register with the COMELEC and do not filed candidates in legislative district elections.

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