registration and accreditation of political parties

REGISTRATION AND ACCREDITATION OF

POLITICAL PARTIESCommission on Elections

Palacio del Gobernador Intramuros, Manila

March 28, 2014

For a party to be entitled to registration, it

must show that it is an organized group,

joined in a corporate body, articulate, with

attributes of a social personality, and

having a constitution and by-laws, rules,

platform or program of government; it

must have a charter as to how the group

will function, be presided over and express

its collective will.

Lagasca vs. De Vera, 79 Phil.

376 (1947)

Registration and Accreditation of Political Parties

A political party is an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions.

(Sec. 60, Omnibus Election Code)

1987 Constitution

Section 2(5), Article IX-C

of the Constitution grants the

Commission on Elections the

power to register political

parties.Registration and Accreditation of Political Parties

1987 ConstitutionArticle IX-C

Sec. 2. The Commission on Elections shall exercise the following powers and functions:

(5) Register, after sufficient publication, political parties,

organizations, or coalitions which, in addition to other requirements,

must present their platform or program of government; and accredit

citizens’ arms of the Commission on Elections. Religious denominations and

sects shall not be registered. Those which seek to achieve their goals through

violence or unlawful means, or refuse to uphold and adhere to this

Constitution, or which are supported by any foreign government shall

likewise be refused registration.


A political party shall first be duly registered

with the Commission in order to:

acquire juridical personality

qualify it for subsequent accreditation (as the dominant majority party or dominant minority party or as a political party entitled to receive copies of the Election Returns, Certificate of Canvass, and or Statement of Votes, as the case may be)

entitle it to the rights and privileges granted to political parties

(Sec. 60, Omnibus Election Code)


Rights and Privileges Granted to a Registered Political Party

The right to be present and to counsel during the consolidation and canvassing of the Election Returns or Certificate of Canvass (Article I, Section 20, Comelec Resolution No. 9648, February 22, 2013)

It shall be entitled to one watcher in every canvassing center(Article I, Section 21 Comelec Resolution No. 9648, February 22, 2013)

Only parties registered as national political parties may be accredited as the dominant majority and the dominant minority party


Rights and Privileges Granted to a Registered Political Party

The dominant majority party, dominant minority party, ten (10) accredited major national parties and two local accredited major local parties may be entitled to a copies of the Certificate of Canvass, Certificate of Canvass and Proclamation and Statement of Votes, as the case may be (Article 4, Section 209 Comelec Resolution No. 9648, February 22, 2013)

A candidate and his political party are authorized to spend more per voter than a candidate without a political party (LDP vs. Comelec, G. R. No. 161265, February 24, 2004).

A candidate may spend Php3.00 per registered voter while the registered political party he belongs to may spend Php5.00 per registered voter in the constituencies where it has official candidates; a candidate without a political party may spend Php5.00 for every registered voter. (Comelec Resolution No. 9476, June 22, 2012)


Sec. 1. Petition for registration Sec. 2. Contents of petition Sec. 3. Other requirements Sec. 4. Verification Sec. 5. Notice of hearing Sec. 6. Publication of petition and notice of hearing Sec. 7. Certificate of registration Sec. 8. Cancellation of registration

COMELEC Rules of Procedure Part V Section 32


Registration of Political Parties

http://www.comelec.gov.ph/?r=References/RelatedLaws/RulesOfProcedures/RulesGoverningPleadings/ROPPart5/ROPPart5Rule32&bn=Back+to+Search+Results&b=search%26searchbox%3Drules%2Bof%2Bprocedure%23ps1755#sec3

Section 1. Petition for Registration

Any political party, organization or coalition of political parties seeking registration pursuant to Section 2 (5), Subdivision C of Article IX of the Constitution shall file with the Office of the Clerk of the Commission a petition duly verified by its President and Secretary-General, or any official duly authorized to do so under its Constitution and By-laws


Section 1. Petition for Registration

Period for filing of the Petition for Registration shall be determined by the guidelines issued by the Commission for the particular election

A filing fee of Ten Thousand Pesos (P 10,000.00), and a legal research fee of One Hundred Pesos (P 100.00) shall be charged for each petition

The Petition shall be raffled to the two (2) Divisions of the Commission


Full name of the political party, organization or coalition of political parties

The principal headquarters and post office address for election purposes, including its branches and divisions, if any

The date and place of its organization

The date and manner of election or selection of its officers

The names and addresses of its organizers and officers, Executive Committee members, Directorate, or Party Convention delegates, if any

The extent of its constituency

Its program of government

Section 2. Contents of Petition


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 Constitution and shall obey all laws and legal orders promulgated by duly constituted authorities

That it is not supported by, nor does it accept financial contribution from any foreign government or their agencies

Other information that may be material and relevant to the petition



Petitions that are insufficient in form may be denied by the Commission

Petitions lacking verification may be denied by the Commission



The petitioner shall attach to the petition for registration ten (10) copies of its:

constitution and by-laws

party platform

organizational papers

declarations of political creed or code of political ethics

other documents of similar or equivalent character.

Section 3. Other Requirements



Notice of Hearing

Publication of Petition and Notice of Hearing

Certificate of Registration

Petition for Registration

Verification

Before taking action on the petition, the Commission shall first verify, through its field offices, the status and capacity of the petitioner and the veracity of the allegations in the petition and its enclosures.

(Section 4. Verification)


Section 4. Verification

The Clerk of the Commission shall be directed to furnish the Regional Election Director (RED) concerned with a copy of the petition and its enclosures

The division of the Commission to which the petition was raffled shall issue an Order directing the concerned RED to verify the existence of the petitioner in the constituency for which it seeks registration and to submit its findings and recommendations together with supporting documents


Upon receipt of the reports from its field offices, the Commission shall immediately set the petition for hearing and shall send notices to the petitioner and other parties concerned.

(Section 5. Notice of Hearing)


On the day following the receipt of the notice of hearing, the petitioner shall cause the publication of the petition, together with the notice of hearing, in three (3) daily newspaper of general circulation, notifying in writing the Commission of such action. (Section 6. Publication of Petition and Notice of Hearing)


The petitioner shall be required to publish the petition together with the notice of hearing once

During the hearing of the petition, the petitioner may be required to submit the affidavit of publication of the petition as required in Section 6

The President or the Secretary-General, as representative of the petitioner party, may be called to testify as to the veracity of the allegations in the petitionRegistration and Accreditation of Political Parties

A certificate of registration shall be issued by the Commission upon approval of the petition, which shall be displayed in the main office and in all chapters of the petitioner.

(Section 7. Certificate of Registration)


Upon verified complaint of any interested party, or motu proprio by the Commission, the registration of any political party, coalition of political parties or organization under the party-list system may be cancelled after due notice and hearing

(Section 8. Cancellation of Registration)Registration and Accreditation of Political Parties

Grounds for Cancellation of Registration

Acceptance by the political party, coalition of political parties, or organizations or any of its candidates, of financial contributions from foreign governments and/or their agencies for activities related to elections;

Violation of laws, rules or regulations relating to elections, plebiscites, referenda, or initiative;

Untruthful statements in its petition for registration; Registration and Accreditation of Political Parties

The said political party, coalition of political parties or organization has become a religious sect or denomination, is pursuing its goals thru violence or other unlawful means, is refusing to adhere to or uphold the Constitution of the Philippines, or is receiving support from any foreign government, and

Failure to comply with applicable laws, rules or regulations of the Commission.

Failure to field official candidates in the last two proceeding elections or failure of their candidates to obtain at least five (5) per centum of the votes cast in the last two preceding elections.


Grounds for Cancellation of Registration

Section 8. Cancellation of Registration

Period for filing of the Petition for Cancellation of Registration shall be determined by the guidelines issued by the Commission for the particular election

The verified complaint for cancellation shall be raffled to the division

The cancellation of the registration of the party may be the subject of a motion for reconsideration


registration and accreditation of political parties

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