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Atong Paglaum, Inc. Vs. Commission on Elections [Separate Concurring Opinion J. Brion]

ATONG PAGLAUM, INC., represented by its President, Mr. Alan Igot, Petitioner vs. COMMISSION ON ELECTIONS, Responden AKO BICOL POLITICAL PARTY (AKB), Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent ASSOCIATION OF PHILIPPINE ELECTRIC COOPERATIVES (APEC), represented by its President Congressman Ponciano D. Payuyo, Petitioner vs. COMMISSION ON ELECTIONS, Respondent AKSYON MAGSASAKA-PARTIDO TINIG NG MASA, represented by its President Michael Abas Kida, Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent KAPATIRAN NG MGA NAKULONG NA WALANG SALA, INC. (KAKUSA), Petitioner vs. COMMISSION ON ELECTIONS, Respondent 1st CONSUMERS ALLIANCE FOR RURAL ENERGY, INC. (1-CARE), Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent ALLIANCE FOR RURAL AND AGRARIAN RECONSTRUCTION, INC. (ARARO), Petitioner vs. COMMISSION ON ELECTIONS, Respondent ASSOCIATION FOR RIGHTEOUSNESS ADVOCACY ON LEADERSHIP (ARAL) PARTY-LIST, represented herein by Ms. Lourdes L. Agustin, the party’s Secretary General, Petitioner vs. COMMISSION ON ELECTIONS, Respondent ALLIANCE FOR RURAL CONCERNS, Petitioner vs. COMMISSION ON ELECTIONS, Respondent ALLIANCE FOR NATIONALISM AND DEMOCRACY (ANAD), Petitioner vs. COMMISSION ON ELECTIONS, Respondent 1-BRO PHILIPPINE GUARDIANS BROTHERHOOD, INC., (1BRO-PGBI) formerly PGBI, Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent 1 GUARDIANS NATIONALIST PHILIPPINES, INC., (1GANAP/GUARDIANS), Petitioner vs. COMMISSION ON ELECTIONS EN BANC composed of SIXTO S. BRILLANTES, JR., Chairman, RENE V. SARMIENTO, Commissioner, LUCENITO N. TAGLE, Commissioner, ARMANDO C. VELASCO, Commissioner, ELIAS R. YUSOPH, Commissioner, and CHRISTIAN ROBERT S. LIM, Commissioner, Respondents AGAPAY NG INDIGENOUS PEOPLES RIGHTS ALLIANCE, INC. (A-IPRA), represented by its Secretary General, Ronald D. Macaraig, Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent KAAGAPAY NG NAGKAKAISANG AGILANG PILIPINONG MAGSASAKA (KAP), formerly known as AKO AGILA NG NAGKAKAISANG MAGSASAKA (AKO AGILA), represented by its Secretary General, Leo R. San Buenaventura, Petitioner vs. COMMISSION ON ELECTIONS, Respondent ALAB NG MAMAMAHAYAG (ALAM), represented by Atty. Berteni Cataluña Causing, Petitioner vs. COMMISSION ON ELECTIONS, Respondent BANTAY PARTY LIST, represented by Maria Evangelina F. Palparan, President, Petitioner vs. COMMISSION ON ELECTIONS, Respondent PASANG MASDA NATIONWIDE PARTY represented by its President Roberto “Ka Obet” Martin, Petitioner vs. COMMISSION ON ELECTIONS, Respondents ABROAD PARTY LIST, G.R. No. 204158 Petitioner vs. COMMISSION ON ELECTIONS, CHAIRMAN SIXTO S. BRILLANTES, JR., COMMISSIONERS RENE V. SARMIENTO, ARMANDO C. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM, MARIA GRACIA CIELO M. PADACA, LUCENITO TAGLE, AND ALL OTHER PERSONS ACTING ON THEIR BEHALF, Respondents AANGAT TAYO PARTY LIST-PARTY, represented by its President Simeon T. Silva, Jr., Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent COCOFED-PHILIPPINE COCONUT PRODUCERS FEDERATION, INC., Petitioner vs. COMMISSION ON ELECTIONS Respondent ABANG LINGKOD PARTY-LIST, Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent FIRM 24-K ASSOCIATION, INC., G.R. No. 204236 Petitioner vs. COMMISSION ON ELECTIONS, Respondent ALLIANCE OF BICOLNON PARTY (ABP), Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent GREEN FORCE FOR THE ENVIRONMENT SONS AND DAUGHTERS OF MOTHER EARTH (GREENFORCE), Petitioner vs. COMMISSION ON ELECTIONS, Respondent AGRI-AGRA NA REPORMA PARA SA MAGSASAKA NG PILIPINAS MOVEMENT (AGRI), represented by its Secretary General, Michael Ryan A. Enriquez, Petitioner, vs.. COMMISSION ON ELECTIONS EN BANC, Respondent A BLESSED PARTY LIST A.K.A. BLESSED G.R. No. 204263 FEDERATION OF FARMERS AND FISHERMEN INTERNATIONAL, INC., Petitioner vs. COMMISSION ON ELECTIONS, Respondent UNITED MOVEMENT AGAINST DRUGS G.R. No. 204318 FOUNDATION (UNIMAD) PARTY-LIST, Petitioner vs. COMMISSION ON ELECTIONS, Respondent ANG AGRIKULTURA NATIN ISULONG (AANI), represented by its Secretary General Jose C. Policarpio, Jr., Petitioner vs. COMMISSION ON ELECTIONS, Respondent BAYANI PARTYLIST as represented by Homer Bueno, Fitrylin Dalhani, Israel de Castro, Dante Navarro and Guiling Mamondiong, Petitioner vs. COMMISSION ON ELECTIONS, CHAIRMAN SIXTO S. BRILLANTES, JR., COMMISSIONERS RENE V. SARMIENTO, LUCENITO N. TAGLE, ARMANDO C. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM, and MARIA GRACIA CIELO M. PADACA, Respondents ACTION LEAGUE OF INDIGENOUS MASSES (ALIM) PARTY-LIST, represented herein by its President Fatani S. Abdul Malik, Petitioner vs. COMMISSION ON ELECTIONS, Respondent BUTIL FARMERS PARTY, G.R. No. 204356 Petitioner vs. COMMISSION ON ELECTIONS, Respondent ALLIANCE OF ADVOCATES IN MINING ADVANCEMENT FOR NATIONAL PROGRESS (AAMA), Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent SOCIAL MOVEMENT FOR ACTIVE REFORM AND TRANSPARENCY (SMART), represented by its Chairman, Carlito B. Cubelo, Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent ADHIKAIN AT KILUSAN NG ORDINARYONG- TAO, PARA SA LUPA, PABAHAY, HANAPBUHAY AT KAUNLARAN (AKO BUHAY), Petitioner vs. COMMISSION ON ELECTIONS EN BANC, SIXTO S. BRILLANTES, JR., RENE V. SARMIENTO, LUCENITO N. TAGLE, ARMANDO C. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM, and MA. GRACIA CIELO M. PADACA, in their capacities as Commissioners thereof, Respondents AKBAY KALUSUGAN INCORPORATION (AKIN), Petitioner vs. COMMISSION ON ELECTIONS, Respondent AKO AN BISAYA (AAB), represented by its Secretary General, Rodolfo T. Tuazon, Petitioner vs. COMMISSION ON ELECTIONS, Respondent BINHI-PARTIDO NG MGA MAGSASAKA PARA SA MGA MAGSASAKA, Petitioner vs. COMMISSION ON ELECTIONS EN BANC, Respondent ALAGAD NG SINING (ASIN) represented by its President, Faye Maybelle Lorenz, Petitioner, vs. COMMISSION ON ELECTIONS, Respondent.,, ASSOCIATION OF GUARD UTILITY HELPER, AIDER, RIDER, DRIVER/DOMESTIC HELPER,JANITOR, AGENT AND NANNY OF THE PHILIPPINES, INC. (GUARDJAN), Petitioner, VS. COMMISSION ON ELECTIONS, Respondent., KALIKASAN PARTY-LIST, represented by its President, Clemente G. Bautista, Jr., and Secretary General, Frances Q. Quimpo, Petitioner, VS. COMMISSION ON ELECTIONS EN BANC, Respondent.,, PILIPINO ASSOCIATION FOR COUNTRY-URBAN POOR YOUTH ADVANCEMENT AND WELFARE (PACYAW), Petitioner, VS. COMMISSION ON ELECTIONS, Respondent.,, 1-UNITED TRANSPORT KOALISYON (1-UTAK), Petitioner, VS. COMMISSION ON ELECTIONS, Respondent.,, COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. SENIOR CITIZEN PARTY-LIST, represented herein by its 1st nominee and Chairman, Francisco G. Datol, Jr., Petitioner, VS. COMMISSION ON ELECTIONS, Respondent.,, COALITION OF ASSOCIATIONS OF SENIOR G.R. No. 204425 CITIZENS IN THE PHILIPPINES, INC., Petitioner, VS. COMMISSION ON ELECTIONS and ANY OF ITS OFFICERS AND AGENTS, ACTING FOR AND IN ITS BEHALF, INCLUDING THE CHAIR AND MEMBERS OF THE COMMISSION, Respondents.,, ASSOCIATION OF LOCAL ATHLETICS ENTREPRENEURS AND HOBBYISTS, INC. (ALA-EH), Petitioner, VS. COMMISSION ON ELECTIONS EN BANC, SIXTO S. BRILLANTES, JR., RENE V. SARMIENTO, LUCENITO N. TAGLE, ARMANDO C. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM, and MA. GRACIA CIELO M. PADACA, in their respective capacities as COMELEC Chairperson and Commissioners, Respondents.,, ANG GALING PINOY (AG), represented by its Secretary General, Bernardo R. Corella, Jr., Petitioner, VS. COMMISSION ON ELECTIONS, Respondent.,, ALLIANCE ADVOCATING AUTONOMY PARTY (1AAAP), Petitioner, VS. COMMISSION ON ELECTIONS, Respondent.,, ABYAN ILONGGO PARTY (AI), represented by its Party President, Rolex T. Suplico, Petitioner, VS. COMMISSION ON ELECTIONS EN BANC, Respondent.,, MANILA TEACHER SAVINGS AND LOAN ASSOCIATION, INC., Petitioner, VS. COMMISSION ON ELECTIONS EN BANC, Respondent.,, PARTIDO NG BAYAN ANG BIDA (PBB), represented by its Secretary General, Roger M. Federazo, Petitioner, vs. COMMISSION ON ELECTIONS, Respondent.,, ALLIANCE OF ORGANIZATIONS, NETWORKS AND ASSOCIATIONS OF THE PHILIPPINES, INC. (ALONA), Petitioner, VS. COMMISSION ON ELECTIONS EN BANC, Respondent.,, 1st KABALIKAT NG BAYAN GINHAWANG SANGKATAUHAN (1st KABAGIS), Petitioner, VS. COMMISSION ON ELECTIONS, Respondent.,, PILIPINAS PARA SA PINOY (PPP), G.R. No. 204490 Petitioner, VS. COMMISSION ON ELECTIONS EN BANC, Respondent.,,

G.R. No. 203766 | 2013-04-02

SEPARATE CONCURRING OPINION

BRION, J.: 

I submit this SEPARATE OPINION to reflect my views on the various questions submitted to the Court through consolidated petitions before us. 

For ease of presentation and understanding, this Separate Opinion is laid out under the following structure: 

I. The Case and the Issues

II. Summary of Positions: Substantive Aspect of the Petitions

A. On reliance on Ang Bagong Bayani and its Guidelines. 

1. Points of Disagreement with Ang Bagong Bayani
2. Effects on the Components of the Party-list System

B. Nominees 

C. On the observation of the Chief Justice 

D. Grave abuse...