Regalian DoctrineWhere the votes in the Court en banc are equally divided and the necessary majority is not obtained, the case is redeliberated upon, but if after deliberation, thevoting remains the same, the petition is dismissed pursuant to Rule 56, Section 7 ofthe Rules of Civil rocedure!After due deliberation on the petition, the members ofthe Court voted as follows: Seven (7 voted to dismiss the petition! "! #ustice $apunan %led an opinion sustaining the validit& of the challenged provisions of R!A! '(7"!)! Chief #ustice Davide *oined #ustice $apunan (! #ustice +ellosillo *oined #ustice $apunan,! #ustice -uisumbing *oined #ustice $apunan.! #ustice Santiago *oined #ustice $apunan/! #ustice 0uno also %led a separate opinion sustaining all challenged provisions of the law with the e1ception of Section ", 0art 22, Rule 222 of 3C20 Administrative 4rder 3o! ", series of "55', the Rules and Regulations 2mplementing the 20RA, and Section .7 of the 20RA which he contends should be interpreted as dealing with the large6scale e1ploitation of natural resources and should be read in con*unction with Section ), Article 722 of the "5'7 Constitution! 7! #ustice 8endo9a voted to dismiss the petition solel& on the ground that it does not raise a *usticiable controvers& and petitioners do not have standing to :uestion the constitutionalit& of R!A! '(7"! Seven (7 other members of the Court voted to grant the petition! "! #ustice 0anganiban %led a separate opinion e1pressing the view that Sections ( (a(b, ., /, 7 (a(b, ', and related provisions of R!A! '(7" are unconstitutional! ;e reserves *udgment on the constitutionalit& of Sections .', .5, /., and // of the law, which he believes must await the %ling of speci%c cases b& those whose rights ma& have been violated b& the 20RA! )! #ustice ands,D ?1plained!Ancestral lands are lands held b& the 2CCsJ20s under the same conditions as ancestral domains e1cept that these are limited to lands and that these lands are not merel& occupied and possessed but are also utili9ed b& the 2CCsJ20s under claims of individual or traditional group ownership! Bhese lands include but are not limited to residential lots, rice terraces or paddies, private forests, swidden farms and tree lots! SameA SameA SameA SameA >and BitlesA Customar& >awsA Bhe 3ational Commission on 2ndigenous 0eoples (3C20 issues a Certi%cate of Ancestral Domain Bitle (CADB in the name of the communit& concerned, leaving the allocation of lands within the ancestral domain to an& individual or indigenous corporate (famil& or clan claimants to the 2CCsJ20s concerned to decide in accordance with customs and traditions while with respect to ancestral lands outside the ancestral domains, the 32C0 issues a Certi%cate of Ancestral >and Bitle (CA>B!@pon due application and compliance with the procedure provided under the law and upon %nding b& the 3C20that the application is meritorious, the 3C20 shall issue a Certi%cate of Ancestral Domain Bitle (CADB in the name of the communit& concerned! Bhe allocation of lands within the ancestral domain to an& individual or indigenous corporate (famil& or clan claimants is left to the 2CCsJ20s concerned to decide in accordance with customs and traditions! Eith respect to ancestral lands outside the ancestral domain, the 3C20 issues a Certi%cate of Ancestral >and Bitle (CA>B! CADBs and CA>Bs issued under the 20RA shall be registered b& the 3C20 before the Register of Deeds in the place where the propert& is situated! SameA SameA SameA SameA SameA Bhe 20RA categoricall& declares ancestral lands and domains held b& native title as never to have been public landdomains and lands held under native title are, therefore, indisputabl& presumed to have never been public lands and are private!3ative title refers to 2CCsJ20sF precon:uest rightsto lands and domains held under a claim of private ownership as far bacI as memor& reaches! Bhese lands are deemed never to have been public lands and are indisputabl& presumed to have been held that wa& since before the Spanish Con:uest! Bhe rights of 2CCsJ20s to their ancestral domains (which also include ancestral lands b& virtue of native title shall be recogni9ed and respected! Kormal recognition, when solicited b& 2CCsJ20s concerned, shall be embodied in a Certi%cateof Ancestral Domain Bitle (CADB, which shall recogni9e the title of the concerned 2CCsJ20s over the territories identi%ed and delineated! >iIe a Borrens title, a CADB is evidence of private ownership of land b& native title! 3ative title, however, is a rightof private ownership peculiarl& granted to 2CCsJ20s over their ancestral lands and domains! Bhe 20RA categoricall& declares ancestral lands and domains held b& native title as never to have been public land! Domains and lands held under native title are, therefore, indisputabl& presumed to have never been public lands andare private! SameA SameA SameA SameA SameA Bhe concept of native title %rst upheld in CariNo v! 2nsular =overnment, ," 0hil 5(. ("5G5, )") @S! ,,5, .( >!?d! .5,, and enshrinedin the 20RA grants ownership, albeit in limited form, of the land to the 2CCsJ20s!2n the 0hilippines, the concept of native title %rst upheld in CariNo and enshrined in the20RA grants ownership, albeit in limited form, of the land to the 2CCsJ20s! 3ative title presumes that the land is private and was never public! CariNo is the onl& case that speci%call& and categoricall& recogni9es native title! Bhe long line of cases citing CariNo did not touch on native title and the private character of ancestral domains and lands! CariNo was cited b& the succeeding cases to support the concept of ac:uisitive prescription under the 0ublic >and Act which is a diLerent matter altogether! @nder the 0ublic >and Act, land sought to be registered must be public agricultural land! Ehen the conditions speci%ed in Section ,' ObP of the 0ublic >and Act are complied with, the possessor of the land is deemed to have ac:uired, b& operation of law, a right to a grant of the land! Bhe land ceases to be part of the public domain, ipso *ure, and is converted to private propert& b& the mere lapse or completion of the prescribed statutor& period! SameA SameA SameA SameA SameA Ancestral lands and ancestral domains are not part of the lands of the public domainA the& are private and belong to the 2CCsJ20s!Bhus, ancestral lands and ancestral domains are not part of the lands of the public domain! Bhe& are private and belong to the 2CCsJ20s! Section ( of Article 722 on 3ational ?conom& and 0atrimon& of the "5'7 Constitution classi%es lands of the public domain into four categories: (a agricultural, (b forest or timber, (c mineral lands, and (d national parIs! Section . of the same Article 722 mentions ancestral lands and ancestral domains but it does not classif& them under an& of the said fourcategories! Bo classif& them as public lands under an& one of the four classes will render the entire 20RA law a nullit&! Bhe spirit of the 20RA lies in the distinct concept of ancestral domains and ancestral lands! Bhe 20RA addresses the ma*or problem of the 2CCsJ20s which is loss of land! >and and space are of vital concern in terms of sheer survival of the 2CCsJ20s! Bhe "5'7 Constitution mandates the State to Cprotectthe rights of indigenous cultural communities to their ancestral landsD and that CCongress provide for the applicabilit& of customar& laws 1 1 1 in determining the ownership and e1tent of ancestral domain!D 2t is the recognition of the 2CCsJ20s distinct rights of ownership over their ancestral domains and lands that breathes lifeinto this constitutional mandate! SameA SameA SameA SameA Bhe right of ownership and possession of the 2CCsJ20s to their ancestral domains is held under the indigenous concept of ownership which maintains the view that ancestral domains are the 2CCsJ20s private but communit& propert&!Bhe right of ownership and possession of the 2CCsJ20s to their ancestral domains is held under the indigenous concept of ownership! Bhis concept maintains the view that ancestral domains are the 2CCsJ20s private but communit& propert&! 2t is private simpl& because it is not part of the public domain! +ut its private character ends there! Bhe ancestral domain is owned in common b& the 2CCsJ20s and not b& one particular person! Bhe 20RA itself provides that areas within the ancestral domains, whether delineated or not, are presumed to be communall& held! Bhese communal rights, however, are not e1actl& the same as co6ownership rights under the Civil Code! Co6ownership gives an& co6owner the right to demand partition of the propert& held in common! Bhe Civil Code e1pressl& provides that COnPo co6owner shall be obliged to remain in the co6ownership!D ?ach co6owner ma& demand at an& time the partition of the thing in common, insofar as his share is concerned! Bo allow such a right over ancestral domains ma& be destructive not onl& of customar& law of the communit& but of the ver& communit& itself! SameA SameA SameA SameA Customar& >awsA Bhe 20RA, b& legislative %at, introducesa new concept of ownership, a concept that has long e1isted under customar& law!Kollowing the constitutional mandate that Ccustomar& law govern propert& rights or relations in determining the ownership and e1tent of ancestral domains,D the 20RA, b& legislative Qat, introduces a new concept of ownership! Bhis is a concept that has long e1isted under customar& law! SameA SameA SameA SameA SameA Customar& law is a primar&, not secondar&, source of rights under the 20RA and uni:uel& applies to 2CCsJ20s, and its recognition does not depend on the absence of a speci%c provision in the civil law!Custom, from which customar& law is derived, is also recogni9ed under the Civil Code as a source of law! Some articles of the Civil Code e1pressl& provide that custom should be applied in cases where no codal provision is applicable! 2n other words, in the absence of an& applicable provision in the Civil Code, custom, when dul& proven, can de%ne rights and liabilities! Customar& law is a primar&, not secondar&, source of rights under the 20RA and uni:uel& applies to 2CCsJ20s! 2ts recognition does not depend on the absence of a speci%c provision in the civil law! Bhe indigenous concept of ownership under customar& law is speci%call& acInowledged and recogni9ed, and coe1ists with the civil law concept and the laws on land titling and land registration! SameA SameA SameA SameA 3atural ResourcesA Bhere is nothing in 20RA that grants to the 2CCsJ20s ownership over the natural resources within their ancestral domains!?1amining the 20RA, there is nothing in the law that grants to the 2CCsJ20s ownership over the natural resources within their ancestral domains! Bhe right of 2CCsJ20s in their ancestral domains includes ownership, but this CownershipD is e1pressl& de%ned and limited in Section 7 (a as: CSec! 7! a Right of ownershipBhe right to claim ownership over lands, bodies of water traditionall& and actuall& occupied b& 2CCsJ20s, sacred places, traditional hunting and %shing grounds, and all improvements made b& them at an& time within the domainsAD Bhe 2CCsJ20s are given the right to claim ownership over Clands, bodies of water traditionall& and actuall& occupied b& 2CCsJ20s, sacred places, traditional hunting and %shing grounds, and all improvements made b& them at an& time within the domains!D 2t will be noted that this enumeration does not mention bodies of water not occupied b& the 2CCsJ20s, minerals, coal, wildlife, Qora and fauna in the traditional hunting grounds, %sh in the traditional %shing grounds, forests or timber in the sacred places, etc! and all other natural resources found within the ancestral domains! 2ndeed, the right of ownership under Section 7 (a does not cover Cwaters, minerals,coal, petroleum and other mineral oils, all forces of potential energ&, %sheries, forests or timber, wildlife, Qora and fauna and all other natural resourcesD enumerated in Section ), Article 722 of the "5'7 Constitution as belonging to the State! SameA SameA SameA SameA SameA Bhe inclusion of Cnatural resourcesD in Section ", 0art 22, Rule 222 of the 2mplementing Rules goes be&ond the parameters of Section 7 (b of the law and is contrar& to Section ), Article 722 of the "5'7 Constitution!Bhe constitutionalit& of Section ", 0art 22, Rule 222 of the 2mplementing Rules was not speci%call& and categoricall& challenged b& petitioners! 0etitioners actuall& assail the constitutionalit& of the 2mplementing Rules in general! 3evertheless, to avoid an& confusion in the implementation of the law, it is necessar& to declare that the inclusion of Cnatural resourcesD in Section ", 0art 22, Rule 222 of the 2mplementing Rules goes be&ond the parameters of Section 7 (b of the law and is contrar& to Section ), Article 722 of the "5'7 Constitution! SameA SameA SameA SameA SameA Bhe right to negotiate the terms and conditions over the natural resources covers onl& their e1ploration which must be for the purpose of ensuring ecological and environmental protection of, and conservation measures in the ancestral domainit does not e1tend to the e1ploitation and development of natural resources!4wnership over the natural resources in the ancestral domains remains with the State and the 2CCsJ20s are merel& granted the right to Cmanage and conserveD them for future generations, Cbene%t and shareD the pro%ts from their allocation and utili9ation, and Cnegotiate the terms and conditions for their e1plorationD for the purpose of Censuring ecological and environmental protection and conservation measures!D 2t must be noted that the right to negotiate the terms and conditions over the natural resources covers onl& their e1ploration which must be for the purpose of ensuring ecological and environmental protection of, and conservation measures in the ancestral domain! 2t does not e1tend to the e1ploitation and development of natural resources! Simpl& stated, the 2CCsJ20sF rights over the natural resources taIe the form of management or stewardship! Kor the 2CCsJ20s ma& use these resources and share in the pro%ts of their utili9ation or negotiate the terms for their e1ploration! At the same time, however, the 2CCsJ20s must ensure that the natural resources within their ancestral domains are conserved for future generations and that the Cutili9ationD of these resources must not harm the ecolog& and environment pursuant to national and customar& laws! SameA SameA SameA SameA SameA Bhe limited rights of Cmanagement and useD in Section 7 (b of the 20RA must be taIen to contemplate small6scale utili9ation of natural resources as distinguished from large6scale utili9ation!Bhe limited rights ofCmanagement and useD in Section 7 (b must be taIen to contemplate small6scale utili9ation of natural resources as distinguished from large6scale! Small6scale utili9ation of natural resources is e1pressl& allowed in the third paragraph of Section), Article 722 of the Constitution Cin recognition of the plight of forest dwellers, gold panners, marginal %shermen and others similarl& situated who e1ploit our natural resources for their dail& sustenance and survival!D Section 7 (b also e1pressl& mandates the 2CCsJ20s to manage and conserve these resources and ensure environmental and ecological protection within the domains, which duties, b& their ver& nature, necessaril& re*ect utili9ation in a large6scale! SameA SameA SameA SameA SameA Bhe rights granted b& the 20RA to the 2CCsJ20s over the natural resources in their ancestral domains merel& gives the 2CCsJ20s, as owners and occupants of the land on which the resources are found, the right to thesmall6scale utili9ation of these resources, and at the same time, a priorit& in their large6scale development and e1ploitation!Bhe rights granted b& the 20RA to the 2CCsJ20s over the natural resources in their ancestral domains merel& gives the 2CCsJ20s, as owners and occupants of the land on which the resources are found, theright to the small6scale utili9ation of these resources, and at the same time, a priorit& in their large6scale development and e1ploitation! Section .7 does not mandate the State to automaticall& give priorit& to the 2CCsJ20s! Bhe State has several options and it is within its discretion to choose which option to pursue! 8oreover, there is nothing in the law that gives the 2CCsJ20s the right to solel& undertaIe the large6scale development of the natural resources within their domains! Bhe 2CCsJ20s must undertaIe such endeavour alwa&s under State supervision or control! Bhis indicates that the State does not lose control and ownership over the resources even in their e1ploitation! Sections 7 (b and .7 of thelaw simpl& give due respect to the 2CCsJ20s who, as actual occupants of the land where the natural resources lie, have traditionall& utili9ed these resources for their subsistence and survival! SameA SameA SameA SameA ?colog& and ?nvironmentA 2ndigenous rights came as a result of both human rights and environmental protection, and have become a part of toda&Fs priorities for the international agenda!0resentl&, there is a growing concern for indigenous rights in the international scene! Bhis came as a result of theincreased publicit& focused on the continuing disrespect for indigenous human rights and the destruction of the indigenous peoplesF environment, together with the national governmentsF inabilit& to deal with the situation! 2ndigenous rights came as a result of both human rights and environmental protection, and have become a part of toda&Fs priorities for the international agenda! SameA SameA SameA SameA Customar& >awsA 2f the evolution of the Kilipino people into a democratic societ& is to trul& proceed democraticall&, i!e!, if the Kilipinos as a whole are to participate full& in the tasI of continuing democrati9ation, it is the Supreme CourtFs dut& to acInowledge the presence of indigenous and customar& laws in the countr& and aHrm their co6e1istence with the land laws in our national legal s&stem!Bhe struggle of the Kilipinos throughout colonial histor& had been plagued b& ethnic and religious diLerences! Bhese diLerences were carried over andmagni%ed b& the 0hilippine government through the imposition of a national legal order that is mostl& foreign in origin or derivation! >argel& unpopulist, the present legal s&stem has resulted in the alienation of a large sector of societ&, speci%call&, the indigenous peoples! Bhe histories and cultures of the indigenes are relevant to the evolution of 0hilippine culture and are vital to the understanding of contemporar& problems! 2t is through the 20RA that an attempt was made b& our legislators to understand Kilipino societ& not in terms of m&ths and biases but through common e1periences in the course of histor&! Bhe 0hilippines became a democrac& a centennial ago and the decoloni9ation process still continues! 2f the evolution of the Kilipino people into a democratic societ& is to trul& proceed democraticall&, i!e!, if the Kilipinos as a whole are to participate full& in the tasI of continuing democrati9ation, it is this CourtFs dut& to acInowledge the presence of indigenous and customar& laws in the countr& and aHrm their co6e1istence with theland laws in our national legal s&stem! awA Sub #udice RuleA Bhe sub *udice rule restricts comments and disclosures pertaining to *udicial proceedings to avoid pre*udging the issue, inQuencing the court, or obstructing the administration of *ustice!Bhe sub *udice rule restricts comments and disclosures pertaining to *udicial proceedings to avoid pre*udging the issue, inQuencing the court, or obstructing the administration of *ustice! A violation of the sub *udice rule ma& render one liable for indirect contemptunder Sec! ((d, Rule 7" of the Rules of Court! Bhe rationale for the rule adverted to is set out in 3estlU 0hilippines v! VVVVVVVVVVVVVVVW ?3 +A3C!(57! .'(, A0R2> ), )GG5(57Romero 22 vs! ?stradaSanche9, "., SCRA .,) ("5'7: O2Pt is a traditional conviction of civili9ed societ& ever&where that courts and *uries, in the decision of issues of fact and law should be immune from ever& e1traneous inQuenceA that factsshould be decided upon evidence produced in courtA and that the determination of such facts should be uninQuenced b& bias, pre*udice or s&mpathies!SameA SameA Anissue or a case becomes moot and academic when it ceases to present a *usticiable controvers&, so that a determination of the issue would be without practical use andvalue!Bhe sub *udice issue has been rendered moot and academic b& the supervening issuance of the en banc Resolution of #ul& ", )GG' in =!R! 3o! "/,.)7! An issue or a case becomes moot and academic when it ceases to present a *usticiable controvers&, so that a determination of the issue would be without practical use and value! 2n such cases, there is no actual substantial relief to which the petitioner would be entitled and which would be negated b& the dismissal of thepetition! Courts decline *urisdiction over such cases or dismiss them on the ground of mootness, save in certain e1ceptional instances, none of which, however, obtainsunder the premises!SameA SameA A legislative investigation in aid of legislation and court proceedings has diLerent purposesA 4n6going *udicial proceedings do not preclude congressional hearings in aid of legislation!A legislative investigation in aid of legislation and court proceedings has diLerent purposes! 4n one hand, courts conduct hearings or liIe ad*udicative procedures to settle, through the application ofa law, actual controversies arising between adverse litigants and involving demandable rights! 4n the other hand, in:uiries in aid of legislation are, inter alia, undertaIen as tools to enable the legislative bod& to gather information and, thus, legislate wisel& and eLectivel&A and to determine whether there is a need to improve e1isting laws or enact new or remedial legislation, albeit the in:uir& need not result in an& potential legislation! 4n6going *udicial proceedings do not preclude congressional hearings in aid of legislation!SameA SameA Court has no authorit& to prohibit a Senate Committee from re:uiring persons to appear and testif& before it in connection with an in:uir& in aid of legislation in accordance with its dul& published rules of procedure!Eith the foregoing dis:uisition, the Court need not belabor the other issues raised in this recourse! (5'(5'S@0R?8? C4@RB R?04RBS A334BAB?DRomero 22 vs! ?stradaSuHce it to state that when the Committee issued invitations and subpoenas to petitioners to appear before it in connection with its investigation of the aforementioned investments, it did so pursuant to its authorit& to conduct in:uiries in aid of legislation! Bhis is clearl& provided in Art! ist S&stem!2t is now obvious that the 0hilippine st&le part&6list s&stem is a uni:ue paradigm which demands an e:uall& uni:ue formula! 2n crafting a legall& defensible and logical solution to determine the number of additional seats that a :uali%ed part& is entitled to, we need to review the parameters of the Kilipino part&6list s&stem! As earlier mentioned in the 0rologue, the& are as follows: Kirst, the twent& percent allocationthe combined number of all part&6list congressmen shall not e1ceed twent& percent of the total membership of the ;ouse of Representatives, including those elected under the part& list! Second, the two percent threshold66onl& those parties garnering a minimum of two percent of the total valid votes cast for the part&6list s&stem are C:uali%edD to have a seat in the ;ouse of Representatives! Bhird, the three6seat limit6each! :uali%ed part&, regard6),5 ! (,), 4CB4+?R /, )GGG),5 )", )GG5)"(+aranga& Association for 3ational Advancement and Bransparenc& (+A3AB vs! Commission on ?lections0@34,C!#!, Concurring and Dissenting 4pinion:Constitutional>awA 0art& >ist S&stemA SameA >imiting the part&6list s&stem to themarginali9ed and e1cluding the ma*or political parties fromparticipating in the election of their representatives is aligned withtheconstitutional mandate to reduce social, economic and politicaline:ualities and remove cultural ine:ualities b& e:uitabl& diLusingwealth and political power for the common good etc!Bheharmoni9ation of Article ), )G"(,'7Atong 0aglaum, 2nc! vs! Commission on ?lections legislative district elections but the& can garner, in nationwide elections, at least the same number of votes that winning candidates can garner in legislative district elections! Bhe part&6list s&stem will be the entr& point to membership in the ;ouse of Representatives for both these non6traditional parties that could not compete in legislative district elections!SameA SameA Bhe part&6list s&stem is composed of three diLerent groups: (" national parties or organi9ationsA () regional parties or organi9ationsA and (( sectoral parties or organi9ations!Ehat the framers intended, and what the& e1pressl& wrote in Section .(", could not be an& clearer: the part&6list s&stem is composed of three diLerent groups, and the sectoral parties belong to onl& one of the three groups! Bhe te1t of Section .(" leaves no room for an& doubt that national and regional parties are separate from sectoral parties! Bhus, the part&6list s&stem is composed of three diLerent groups: (" national parties or organi9ationsA () regional parties ororgani9ationsA and (( sectoral parties or organi9ations! 3ational and regional parties or organi9ations are diLerent from sectoral parties or organi9ations! 3ationaland regional parties or organi9ations need not be organi9ed along sectoral lines andneed not represent an& particular sector!SameA SameA C0olitical 0art&D and CSectoral0art&,D Distinguished!Section ((a of R!A! 3o! 75," de%nes a Cpart&D as Ceither a political part& or a sectoral part& or a coalition of parties!D Clearl&, a political part& isdiLerent from a sectoral part&! Section ((c of R!A! 3o! 75," further provides that a Cpolitical part& refers to an organi9ed group of citi9ens advocating an ideolog& or platform, principles and policies for the general conduct of government!D 4n the other hand, Section ((d of R!A! 3o! 75," provides that a Csectoral part& refers to anorgani9ed group of citi9ens belonging to an& of the sectors enumerated in Section . hereof whose principal advocac& pertains to the special interest and concerns of their sector!D R!A! 3o! 75," provides diLerent de%nitions for a political and a sectoral part&! 4bviousl&, the& are separate and distinct from each other!SameA SameA Republic Act 3o! 75,"A R!A! 3o! 75," does not re:uire national and regional parties or organi9ations to represent the Cmarginali9ed and underrepresentedD sectors!R!A! 3o! 75," does,'',''S@0R?8? C4@RB R?04RBS A334BAB?DAtong 0aglaum, 2nc! vs! Commission on ?lections not re:uire national and regional parties or organi9ations to represent the Cmarginali9ed and underrepresentedD sectors! Bo re:uire all national and regional parties under the part&6list s&stem to represent the Cmarginali9ed and underrepresentedD is to deprive and e1clude, b& *udicial %at, ideolog&6based and cause6oriented parties from the part&6list s&stem! ;ow will these ideolog&6based and cause6oriented parties, who cannot win in legislative district elections, participate in the electoral process if the& are e1cluded from the part&6list s&stemZ Bo e1clude them from the part&6list s&stem is to prevent them from *oining the parliamentar& struggle, leaving as their onl& option the armed struggle! Bo e1clude them from the part&6list s&stem is, apart from being obviousl& senseless, patentl& contrar& to the clear intent and e1press wording of the "5'7 Constitution and R!A! 3o! 75,"! @nder the part&6list s&stem, an ideolog&6based or cause6oriented political part& is clearl& diLerent from a sectoral part&! A political part& need not be organi9ed as a sectoral part& and need not represent an& particular sector! Bhere is no re:uirement in R!A! 3o! 75," that a national or regionalpolitical part& must represent a Cmarginali9ed and underrepresentedD sector! 2t is suHcient that the political part& consists of citi9ens who advocate the same ideolog& or platform, or the same governance principles and policies, regardless of their economic status as citi9ens!SameA SameA SameA Bhe economicall& Cmarginali9ed and underrepresentedD are those who fall in the low income group as classi%ed b& the 3ational Statistical Coordination +oard!Bhe phrase Cmarginali9ed and underrepresentedD should refer onl& to the sectors in Section . that are, b& their nature, economicall& Cmarginali9ed and underrepresented!D Bhese sectors are:labor, peasant, %sherfolI, urban poor, indigenous cultural communities, handicapped, veterans, overseas worIers, and other similar sectors! Kor these sectors, a ma*orit& of the members of the sectoral part& must belong to the Cmarginali9ed and underrepresented!D Bhe nominees of the sectoral part& either must belong to the sector, or must have a tracI record of advocac& for the sector represented! +elonging to the Cmarginali9ed and underrepresentedD sector does notmean one must Cwallow in povert&, destitution or in%rmit&!D 2t is suHcient that one, or his or her sector, is below the middle class! 8ore speci%call&, the economicall& Cmarginali9ed and underrepresentedD are those who fall in the low,'5! /5,, A0R2> ), )G"(,'5Atong 0aglaum, 2nc! vs! Commission on ?lectionsincome group as classi%ed b& the 3ational Statistical Coordination +oard!SameA SameA SameA 8a*or political parties can participate in subse:uent part&6list elections since the prohibition is e1pressl& limited onl& to the "5'' part&6list elections!Section "" of R!A! 3o! 75," e1pressl& prohibited the C%rst %ve (. ma*or political parties on the basis of part& representation in the ;ouse of Representatives at the start of the Benth CongressD from participating in the 8a& "5'' part&6list elections! Bhus, ma*or political parties can participate in subse:uent part&6list elections since the prohibition is e1pressl& limited onl& to the "5'' part&6list elections! ;owever, ma*or political parties should participate in part&6list elections onl& through their sectoral wings! Bhe participation of ma*or political parties through their sectoral wings, a ma*orit& of whose members are Cmarginali9ed and underrepresentedD or lacIing in Cwell6de%ned political constituencies,D will facilitate the entr& of the Cmarginali9ed and underrepresentedD and those who ClacI well6de%ned political constituenciesD asmembers of the ;ouse of Representatives!SameA SameA SameA Bhe "5'7 Constitution and R!A! 3o! 75," allow ma*or political parties to participate in part&6list elections so as to encourage them to worI assiduousl& in e1tending their constituencies to the Cmarginali9ed and underrepresentedD and to those who ClacI well6de%ned political constituencies!DBhe "5'7 Constitution and R!A! 3o! 75," allow ma*or political parties to participate in part&6list elections so as to encourage them to worI assiduousl& in e1tending their constituencies to the Cmarginali9ed andunderrepresentedD and to those who ClacI well6de%ned political constituencies!D Bhe participation of ma*or political parties in part&6list elections must be geared towards the entr&, as members of the ;ouse of Representatives, of the Cmarginali9ed and underrepresentedD and those who ClacI well6de%ned political constituencies,D giving them a voice in lawmaIing! Bhus, to participate in part&6list elections, a ma*or political part& that %elds candidates in the legislative district elections must organi9e a sectoral wing, liIe a labor, peasant, %sherfolI, urban poor,professional, women or &outh wing, that can register under the part&6list s&stem! Such sectoral wing of a ma*or political part& must have its own constitution, b&6laws, platform or program of government, oHcers and members, a ma*orit& of whom must belong to the sector represented! Bhe sectoral wing is in itself an,5G,5GS@0R?8? C4@RB R?04RBS A334BAB?DAtong 0aglaum, 2nc! vs! Commission on ?lections independent sectoral part&, and is linIed to a ma*or political part& through a coalition! Bhis linIage is allowed b& Section ( of R!A! 3o! 75,", which provides that Ccomponent parties or organi9ations of a coalition ma& participate independentl& (in part&6list elections provided the coalition of which the& form part does not participate in the part&6list s&stem!DSameA SameA SameA A part&6list nominee must be a bona %de member of the part& or organi9ation which he or she seeIs to represent! 2n the case of sectoral parties, to be a bona %de part&6list nominee one must either belong to the sector represented, or have a tracI record of advocac& for such sector!Section 5 of R!A! 3o! 75," prescribes the :uali%cations of part&6list nominees! Bhis provision prescribes a special :uali%cation onl& for the nominee from the &outh sector! Section 5! -uali%cations of 0art&6>ist 3ominees!3o person shall be nominated as part&6list representative unless he is anatural6born citi9en of the 0hilippines, a registered voter, a resident of the 0hilippines for a period of not less than one (" &ear immediatel& preceding the da& of the election, able to read and write, a bona %de member of the part& or organi9ation which he seeIs to represent for at least ninet& (5G da&s preceding the da& of the election, and is at least twent&6%ve (). &ears of age on the da& of the election! 2n case of a nominee of the &outh sector, he must at least be twent&6%ve (). but not more than thirt& ((G &ears of age on the da& of the election! An& &outhsectoral representative who attains the age of thirt& ((G during his term shall be allowed to continue in oHce until the e1piration of his term! A part&6list nominee must be a bona %de member of the part& or organi9ation which he or she seeIs to represent! 2n the case of sectoral parties, to be a bona %de part&6list nominee one must either belong to the sector represented, or have a tracI record of advocac& forsuch sector!Sereno, C!#!, Concurring and Dissenting 4pinion:?lection >awA 0art&6>ist S&stemA ?C cannot interpret Section / (. of R!A! 3o! 75," as a grant of purel& administrative, :uasi6legislative or :uasi6*udicial power to ipso facto dis:ualif& part&6list groups based on the dis:uali%cation of a single nominee!SameA SameA ?C! Bhus, an& dis:uali%cation of a part&6list group based on the dis:uali%cation of its nominee must be based on a material misrepresentation regarding that nomineeFs :uali%cations! Bhis also %nds support in Section / (/ of R!A! 3o! 75," which,5(!/5,, A0R2> ), )G"(,5(Atong 0aglaum, 2nc! vs! Commission on ?lections considers declaring Cuntruthful statements in its petitionD as a ground for dis:uali%cation!SameA SameA ist S&stem Act, as the law that would implement the part&6list election scheduled for 8a& "55'! Bhe law at the same time Qeshed out the mechanics for part&6list elections, in accordance with the terms of the Constitution! Bhe law speci%call& provided for: a! a declaration of the polic& behind the lawA b! a de%nition of terms, speci%call& de%ning the terms national, political, regional, and sectoral parties, and their coalitionsA c! the re:uisites and terms for registrationA the grounds for refusal and cancellation of registrationA and the,5',5'S@0R?8? C4@RBR?04RBS A334BAB?DAtong 0aglaum, 2nc! vs! Commission on ?lectionscerti%ed list of registered partiesA d! the nomination and :uali%cation for part&6list representativesA e! the manner of votingA f! the number and procedure for the allocation of part&6list representativesA and g! the proclamation of the winning part&6list representatives, their term of oHceA the limitation on their change of aHliationA their rightsA and the provisions in case of vacanc&!SameA SameA ), )G"(.""Atong 0aglaum, 2nc! vs! Commission on ?lectionssion should be read in the conte1t of all the other provisions so that contours of constitutional polic& are made clear! Bo claim that the framers of the Constitution left it to Congress to complete the ver& frameworI of thepart& list s&stem is to :uestion the fundamental character of our constitution! Bhe phrases Cin accordance with lawD and Cas ma& be provided b& lawD is not an invitation to the members of Congress to continue the worI of the constituent assembl& that crafted the Constitution! Constitutional polic& is to be derived from the te1t of the constitution in the light of its conte1t in the document and considering the contemporar& impact of relevant precedents!SameA SameA adlad has suHcientl& demonstrated its compliance with the legal re:uirements for accreditation! 2ndeed, aside from C48?>?CFs moral ob*ection and the belated allegation of non6e1istence, nowhere in the records has the respondent ever foundJruled that Ang >adlad is not :uali%ed to register as a part&6list organi9ation under an& of the re:uisites under RA 75," or the guidelines in Ang +agong +a&ani! Bhe diLerence, C48?>?C claims, lies in Ang >adladFs moralit&, or lacI thereof!SameASameA SameA 2t was grave violation of the non6establishment clause for the Commission on ?lections (C48?>?C to utili9e the +ible and the $oran to *ustif& the e1clusion of Ang >adlad!4ur Constitution provides in Article 222, Section . that COnPolaw shall be made respecting an establishment of religion, or prohibiting the free e1ercise thereof!D At bottom, what our non6establishment clause calls for is Cgovernment neutralit& in religious matters!D Clearl&, Cgovernmental reliance on religious *usti%cation is inconsis6VVVVVVVVVVVVVVVW ?3 +A3C!((! /"', A0R2> ', )G"G((Ang >adlad >=+B 0art& vs! Commission on ?lectionstent with this polic& of neutralit&!D Ee thus %nd that it was grave violation of the non6establishment clause for the C48?>?C to utili9e the +ible and the $oran to *ustif& the e1clusion of Ang >adlad!SameA SameA SameA Bhrough the &ears, homose1ual conduct, and perhaps homose1uals themselves, have borne the brunt of societal disapproval!Ee are notblind to the fact that, through the &ears, homose1ual conduct, and perhaps homose1uals themselves, have borne the brunt of societal disapproval! 2t is not diHcult to imagine the reasons behind this censurereligious beliefs, convictions about the preservation of marriage, famil&, and procreation, even disliIe or distrust of homose1uals themselves and their perceived lifest&le! 3onetheless, we recall that the 0hilippines has not seen %t to criminali9e homose1ual conduct! ?videntl&, therefore, these Cgenerall& accepted public moralsD have not been convincingl& transplanted into the realm of law!?lection >awA 0art&6>ist S&stemA Civil >awA C3uisance,D De%ned!Article /5, of the Civil Code de%nes a nuisance as Can& act, omission, establishment, condition of propert&, or an&thing else which shocIs, de%es, or disregards decenc& or moralit&,D the remedies for which are a prosecutionunder the Revised 0enal Code or an& local ordinance, a civil action, or abatement without *udicial proceedings!SameA SameA ?videnceA A mere blanIet invocation of public morals cannot replace the institution of civil or criminal proceedings and a *udicial determination of liabilit& or culpabilit&!A violation of Article )G" of the Revised 0enal Code, re:uires proof be&ond reasonable doubt to support a criminal conviction! 2t hardl& needs to be emphasi9ed that mere allegation of violation of laws is not proof, and a mere blanIet invocation of public morals cannot replace the institution of civil or criminal proceedings and a *udicial determination of liabilit& or culpabilit&!SameA SameA 8oral disapproval, without more, is not a suHcient governmental interest to *ustif& e1clusion of homose1uals from participation in the part&6list s&stem!Ee hold that moral disapproval, without more, is not a suHcient governmental interest to *ustif& e1clusion of homose1uals from participation in the part&6list s&stem! Bhe denial of Ang >adladFs registration on purel& moral grounds amounts more to a statement of disliIe and disapproval of(,(,S@0R?8? C4@RB R?04RBS A334BAB?DAng >adlad >=+B 0art& vs! Commission on ?lectionshomose1uals, rather than a tool to further an& substantial public interest! RespondentFs blanIet *usti%cations give rise to the inevitable conclusion that the C48?>?C targets homose1uals themselves as a class, not because of an& particularmorall& reprehensible act! 2t is this selective targeting that implicates our e:ual protection clause!Constitutional >awA ?lection >awA 0art&6>ist S&stemA ?:ual 0rotection ClauseA Recent *urisprudence has aHrmed that if a law neither burdens a fundamental right nor targets a suspect class, the Supreme Court will uphold the classi%cation as long as it bears a rational relationship to some legitimate government end!Recent *urisprudence has aHrmed that if a law neither burdens afundamental right nor targets a suspect class, we will uphold the classi%cation as long as it bears a rational relationship to some legitimate government end! 2n Central +anI ?mplo&ees Association, 2nc! v! +anIo Sentral ng 0ilipinas, ,,/ SCRA )55 ()GG,, we declared that COiPn our *urisdiction, the standard of anal&sis of e:ual protection challenges 1_1_1 have followed the ^rational basisF test, coupled with a deferential attitude to legislative classi%cations and a reluctance to invalidate a law unless there is a showing of a clear and une:uivocal breach of the Constitution!DSameA SameA SameA SameA >aw of general application should appl& with e:ual force to >esbian, =a&, +ise1ual and Bransgender (>=+Bs, and the& deserve to participate in the part&6list s&stem on the same basis as other marginali9ed and under6represented sectors!Krom the standpoint of the political process, the lesbian, ga&, bise1ual, and transgender have the same interest in participating in the part&6list s&stem on the same basis as other political parties similarl& situated! State intrusion in this case is e:uall& burdensome! ;ence, laws ofgeneral application should appl& with e:ual force to >=+Bs, and the& deserve to participate in the part&6list s&stem on the same basis as other marginali9ed and under6represented sectors!SameA SameA Kreedom of ?1pressionA Kreedom of e1pression constitutes one of the essential foundations of a democratic societ&, andthis freedom applies not onl& to those that are favorabl& received but also to those that oLend, shocI or disturb!Kreedom of e1pression constitutes one of the essential foundations of a democratic societ&, and this freedom applies not onl& to those that are favorabl& received but also to those that oLend, shocI, or disturb! An& restriction imposed in this sphere must be proportionate to the legitimate(.! /"', A0R2> ', )G"G(.Ang >adlad >=+B 0art& vs! Commission on ?lectionsaim pursued! Absent an& compelling state interest, it is not for the C48?>?C or this Court to impose its views on the populace! 4therwise stated, the C48?>?C is certainl& not free to interfere with speech for no better reason than promoting an approved message or discouraging a disfavored one!SameA SameA SameA Kreedom of AssociationA 4nl& if a political part& incites violence or puts forward policies that are incompatible with democrac& does it fall outside the protection of the freedom of association guarantee!A political group should not be hindered solel& because it seeIs to publicl& debate controversial political issues in order to %nd solutions capable of satisf&ing ever&one concerned! 4nl& if a political part& incites violence or puts forward policies that are incompatible with democrac& does it fall outside the protection of the freedom of association guarantee!SameA 0art&6>ist S&stemA ?:ual 0rotection ClauseA Bhe principle of non6discrimination re:uires that laws of general application relating to elections be applied e:uall& to all persons, regardless of se1ual orientation!Bhe principle of non6discrimination re:uires that laws of general application relating to elections be applied e:uall& to all persons, regardless of se1ual orientation! Although se1ual orientation is not speci%call& enumerated as a status or ratio for discrimination in Article )/ of the 2CC0R, the 2CC0R ;uman Rights Committee has opined that the reference to Cse1D in Article )/ should be construed to include Cse1ual orientation!D Additionall&, a variet& of @nited 3ations bodies have declared discrimination on the basis of se1ual orientation to be prohibited under various international agreements!SameA SameA SameA Rog&aIarta 0rinciplesA @sing even the most liberal of lenses, these Rog&aIarta 0rinciples, consisting of a declaration formulated b& various internationallaw professors, areat bestde lege ferendaand do not constitute binding obligations on the 0hilippines!@sing even the most liberal of lenses, these Rog&aIarta 0rinciples, consisting of a declaration formulated b& various internationallaw professors, areat bestde lege ferendaand do not constitute binding obligations on the 0hilippines! 2ndeed, so much of contemporar& international law is characteri9ed b& the Csoft lawD nomenclature, i!e!, international law is full of principles that promote international cooperation, harmon&, and respect for human(/(/S@0R?8? C4@RB R?04RBS A334BAB?DAng >adlad >=+B 0art& vs! Commission on ?lectionsrights, most of which amount to no more than well6meaning desires, without the support of either State practice or opinio *uris!0@34,C!#!, Separate Concurring 4pinion:Constitutional >awA ?lection >awA 0art&6>ist S&stemA ?C run afoul of the non6establishment clause of the Constitution!Bhe assailed Resolutions of the Commission on ?lections (C48?>?C run afoul of the non6establishment clause of the Constitution! Bhere was c&pher eLort on the part ofthe C48?>?C to couch its reasoning in legalmuch less constitutionalterms, as it denied Ang >adladFs petition for registration as a sectoral part& principall& on the ground that it Ctolerates immoralit& which oLends religious (i!e!, Christian and 8uslim beliefs!D Bo be sure, the C48?>?CFs ruling is completel& antithetical to the fundamental rule that COtPhe public moralit& e1pressed in the law is necessaril& secularO,P for in our constitutional order, the religion clauses prohibit the state from establishing a religion, including the moralit& it sanctions!DSameA SameA SameA ?C are violative of the constitutional directive that no religious test shall be re:uired for thee1ercise of civil or political rights!Bhe assailed resolutions of the C48?>?C are violative of the constitutional directive that no religious test shall be re:uired for thee1ercise of civil or political rights! Ang >adladFs right of political participation was undul& infringed when the C48?>?C, swa&ed b& the private biases and personal pre*udices of its constituent members, arrogated unto itself the role of a religious court or worse, a moralit& police!SameA SameA SameA ?C capitali9ed on Ang >adladFs de%nition of the term Cse1ual orientation,D as well as its citation of the number of Kilipino men who have se1 with men, as basis for the declaration that the part& espouses and advocates se1ual immoralit&A Bhis position would den& homose1ual and bi1esual individuals a fundamental element of personal identit& and a legitimate e1ercise of personal libert&!Bhe C48?>?C capitali9ed on Ang >adladFs de%nition of the term Cse1ual orientation,D as well as its citation of the number of Kilipino men who have se1 with men, as basis for the declaration that the part& espouses and advocates se1ual immoralit&! Bhis position, how6(7! /"', A0R2> ', )G"G(7Ang >adlad >=+B 0art& vs! Commission on ?lectionsever, would den& homose1ual and bise1ual individuals a fundamental element of personal identit& and a legitimate e1ercise of personal libert&! Kor, the Cabilit& to Oindependentl&P de%ne oneFs identit& that is central to an&concept of libert&D cannot trul& be e1ercised in a vacuumA we all depend on the Cemotional enrichment from close ties with others!DSameA SameA SameA ibert& presumes an autonom& of self that includes freedom of thought, belief, e1pression, and certain intimate conduct! Bhesematters, involving the most intimate and personal choices a person ma& maIe in a lifetime, choices central to personal dignit& and autonom&, are central to the libert& protected b& the due process clause! At the heart of libert& is the right to de%ne oneFs own concept of e1istence, of meaning, of the universe, and of the m&ster& of human life! +eliefs about these matters could not de%ne the attributes of personhood were the& formed under compulsion of the State!SameA SameA SameA =+B 0art& vs! Commission on ?lectionssociet&that it is highl& unliIel& that legislative enactments alone will suHce to eliminate that discrimination!SameA SameA SameA =+B communit& cannot participate in the part&6list s&stem because it is not a Cmarginali9ed and underrepresented sectorD is belied b& the Supreme Court ruling in Ang +agong +a&ani64KE >abor 0art& vs! C48?>?C, where the Court held that the enumeration of marginali9ed and underrepresented sectors is not e1clusive!2t has been suggested that the >=+B communit& cannot participate in the part&6list s&stem because it is not a Cmarginali9ed and underrepresented sectorD enumerated either in the Constitution or Republic Act 3o! (RA 75,"! ;owever, this position is belied b&our ruling in Ang +agong +a&ani64KE >abor 0art& v! C48?>?C, (.5 SCRA /5' ()GG", where we clearl& held that the enumeration of marginali9ed and underrepresented sectors in RA 75," is not e1clusive!C4R43A,#!, Dissenting 4pinion:Constitutional >awA ?lection >awA 0art&6>ist S&stemA ist S&stem Act was enacted in "55.!SameA SameA SameA abor 0art&, (.5 SCRA /5' ()GG", the Court stressed that the part&6list s&stem is reserved onl& for those sectors marginali9ed and underrepresented in the past (e!g!, labor, peasant, %sherfolI, urban poor, indigenous cultural communities, elderl&, handicapped, women, &outh, veterans, overseas worIers, professionals and even those in the underground movement who wish to come out and participate! Bhe& are those sectors traditionall& and historicall& marginali9ed and deprived of anopportunit& to participate in the formulation of national polic& although their sectoral interests are also traditionall& and historicall& regarded as vital to the national interest!SameA SameA SameA =+B 0art& vs! Commission on ?lectionstional democratic agenda! Bhe social, economic and political aspects of discrimination and marginali9ation should not be divorced from the role of a particular sector or group in the advancement of the collective goals of 0hilippine societ& as a whole! 2n other words, marginali9ed sectors should be given a sa& in governance through the part&6list s&stem, not simpl& because the& desire to sa& something constructive but because the& deserve to be heard on account of their traditionall& and historicall& decisive role in 0hilippine societ&!SameA SameA SameA abor 0art&Fs eight guidelines for screening part&6list participants is this: the parties, sectors or organi9ations Cmust represent the marginali9ed and underrepresented groups identi%ed in Section . of RA 75,"!D Kor this reason, 2 submit the ma*orit&Fs decision is cr&ptic and wanting when it maIes short shrift of the issue of whether petitioner is a marginali9ed and underrepresented sector in the following manner!SameA SameASameA adlad >=+B 0art& vs! Commission on ?lectionssidered as marginali9ed under the part&6list s&stem!?ven assuming that petitioner was able to show that the communit& of lesbians, ga&s, bise1uals and transse1uals (>=+B is underrepresented, it cannot be properl& considered as marginali9ed under the part&6list s&stem! Kirst, petitioner is not included in the sectors mentioned in Section .(), Article =+B and other sectors in the part&6list s&stem, deference to CongressF determination on the matter is proper!SameA SameA SameA adlad >=+B 0art& vs!Commission on ?lections sociall& misunderstood sectors!Ehile bigotr&, social stereot&ping and other forms of discrimination must be given no place in a trul& *ust, democratic and libertarian societ&, the part&6list s&stem has a well6de%ned purpose! Bhe part&6list s&stem was not designed as a tool to advocate tolerance andacceptance of an& and all sociall& misunderstood sectors! Rather, it is a platform forthe reali9ation of the aspirations of marginali9ed sectors whose interests are, b& nature and histor&, also the nationFs but which interests have not been suHcientl& brought to public attention because of these sectorsF underrepresentation!SameA SameA SameA awA ?lection >awA 0art&6>ist S&stemA ist S&stem Act is to give the marginali9ed and underrepresented sectors of societ& an opportunit& to taIe a direct part in enacting the laws of the land! 2n Ang +agong +a&ani64KE >abor 0art& v! Commission on ?lections (C48?>?C, (.5 SCRA /5' ()GG", the Court laid down guidelines for accreditation, but these seem to leave the C48?>?C liIe ever&one else even more perple1ed and dumbfounded about what organi9ations, clubs, or associations can pass for sectoral parties with a right to claim a seat in the ;ouse of Representatives! Bhe Court can, in ad*udicating this case, unravel some of the diHculties!SameA SameA SameA ?C erred when it denied Ang >adladFs petition for sectoral part& accreditation on religious and moral groundsthe C48?>?C,(! /"', A0R2> ', )G"G,(Ang >adlad >=+B 0art& vs! Commission on ?lections has never applied these tests on regular candidates for Congress!;ere, 2 full& agree that the C48?>?C erred when it denied Ang >adladFs petition for sectoral part& accreditationon religious and moral grounds! Bhe C48?>?C has never applied these tests on regular candidates for Congress! Bhere is no reason for it to appl& them on Ang >adlad! +ut the ponencia alread& ampl& and lucidl& discussed this point!SameA SameA SameA ?C now suggests! 2n fact, the Court said in that case that the list in R!A! 75," is not e1clusive! Bhus, while the part&6list s&stem is not meant for all sectors of societ&, it was envisioned as a social *ustice tool for the marginali9ed and underrepresented in general!SameA SameA SameA esbian, =a&, +ise1ual and Bransgender (>=+Bs of a certain Iind, the Kilipino >=+Bs should now stand at about '!7 million!2n this case, Ang >adlad represents men and women who identif& themselves as lesbians, ga&s, bise1uals, or trans6gendered persons (>=+Bs! Appl&ing the universall& accepted estimate that one out of ever& "G persons is an >=+B of a certain Iind, the Kilipino >=+Bs should now stand at about '!7 million! Despite this, however, the& are b& and large, subtl& if not brutall&, e1cluded from the mainstream, discriminated against, and persecuted! Bhat the C48?>?C denied Ang >adladFs petition on religious and moral grounds is proof of this discrimination!SameA SameA SameA adlad has ampl& proved that it meets the re:uirements for sectoral part& accreditationtheir members are in the vulnerable class liIe the women and the &outh!Ang >adlad has ampl& proved that it meets the re:uirements for sectoral part& accreditation! Bheir members are in thevulnerable class liIe the women and the &outh! Ang >adlad represents a narrow de%nition of its class (>=+Bs rather than a concrete and speci%c de%nition of a sub6group within the class (group of ga& beauticians, for e1ample! Bhe people that Ang >adlad seeIs to represent have a national presence!S0?C2A> C2 ACB243 in the Supreme Court! Certiorari! OAng >adlad >=+B 0art& vs! Commission on ?lections, /"'SCRA ()()G"GP