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The Supreme Court of the Philippines, issued a new set of guidelines for the agency, the high
court said that organizations under the party-list system do not need to represent any
marginalized and underrepresented sector. Sectoral parties or organizations may either be
marginalized and underrepresented or lacking in well-defined political constituencies. It is
enough that their principal advocacy pertains to the special interest and concern of the secto.
The judicial body also added that marginalized sectors include labor, peasant, fisher folk,
urban poor, indigenous cultural communities, handicapped, veterans and overseas workers.
Those that lack well-defined political constituencies, meanwhile, are professionals, the
elderly, women and the youth. There are three general, main types of party, single or
dominant party systems, two-party systems, or multi-party systems.
5. Are Ang Ladlad LGBT Party and Magdalo Para sa Pagbabago qualified to be registered
as party-list? Explain why or why not?
According to the Supreme Court, The LGBT community is not exempted from the exercise
of its constitutionally vested rights on the basis of their sexual orientation. Laws of general
application should apply with equal force to LGBTs, and they deserve to participate in the
party-list system on the same basis as other marginalized and under-represented sectors.
Discrimination based on sexual orientation is not tolerated ---not by our own laws nor by any
international laws to which do we adhere. Therefore Ang Ladlad Party List is qualified to be
registered as a party. While Magdalo Party List, is not qualified to be registered as a party list
because the fact that they were in full battle gear at the time of the mutiny clearly show their
purpose in employing violence and using unlawful means to achieve their goals in the
process defying the laws of organized societies which is against in the laws of Comelec.
6. What are the qualifications of the Nominees?
According to the COMELEC the Qualification of Party-List Nominees are follows. –
No person shall be nominated as party-list representative unless he is a natural born citizen
of the Philippines, a registered voter, a resident of the Philippines for a period of not less than
one (1) year immediately preceding the day of the election, able to read and write, bona fide
member of the party or organization which he seeks to represent for at least ninety (90) days
preceding the day of the election, and is at least twenty-five (25) years of age on the day of
the election. In case of a nominee of the youth sector, he must at least be twenty-five (25) but
not more than thirty (30) years of age on the day of the election. Any youth sectoral
representative who attains the age of thirty during his term shall be allowed to continue until
the expiration of his term.
7. What is the effect of transfer of nominee of to other party?
According to Republic Act 7941 Section 15 of the law provides that, any elected party-list
representative who changes his political party or sectoral affiliation during his term of office
shall forfeit his seat: Provided, That if he changes his political party or sectoral affiliation
within six (6) months before an election, he shall not be eligible for nomination as party-list
representative under his new party or organization.
8. Are partly-list groups still relevant in our country? Explain why or why not.
Definitely Yes, because today many individuals or group of people who are willing to join
and enter into a party list group in order to address their personal desire in life or to have a
power in the government. Many people believe particularly those who belong on the
marginalize society that party list groups are their voice in the government in order to address
and tackle their need and wants.
9. What is your understanding of the Constitutional right to association?
Freedom of association is the right to join or leave groups of a person's own choosing, and
for the group to take collective action to pursue the interests of members. It is both an
individual right and a collective right, guaranteed by all democratic legal systems, including
the Bill of Rights of our Constitution .Freedom of association is primarily manifested through
the right to join a trade union, free speech or debating societies, political parties, or any other
club or association such as religious groups, fraternities, or sport clubs. The right to freedom
of association may be understood to include the right to freedom of assembly.
10. Can members of Iglesia ni Cristo be compelled to join labor union despite closed shop
agreement? Explain why or why not.
No. In R.A. 3350, it provides exception to the members of religious sects who prohibit such
joining of associations/unions cannot be coerced in joining such unions even if there are closed shop
agreements. And also the purpose of R.A. 3350 was to insure freedom of belief and religion, and to
promote the general welfare by preventing discrimination against those members of religious sects
which prohibit their members from joining labor unions.
11. Is the expulsion of a homosexual member of Boy Scouts of America a violation of the
right to association? Why or why not?
No. because in the case of Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), the
Supreme Court of the United States decided on June 28, 2000, that held that the
constitutional right to freedom of association allows a private organization like the Boy
Scouts of America (BSA) to exclude a person from membership when "the presence of that
person affects in a significant way the group's ability to advocate public or private
viewpoints. In a five to four decision, the Supreme Court ruled that opposition to
homosexuality is part of BSA's "expressive message" and that allowing homosexuals as adult
leaders would interfere with that message. It reversed a decision of the New Jersey Supreme
Court that had determined that New Jersey's public accommodations law required the BSA to
readmit assistant Scoutmaster James Dale, who had made his homosexuality public and
whom the BSA had expelled from the organization. On June 28, 2000, the Supreme Court
ruled 5-4 that the Boy Scouts of America (BSA) can discriminate against gay men and boys
by prohibiting them from becoming or remaining members. This case involved James Dale,
an assistant scoutmaster removed from the Boy Scouts nine years ago when organizational
leaders discovered that he was gay. Mr. Dale sued for reinstatement. The New Jersey State
Supreme Court unanimously held that the BSA constituted a "place of public
accommodation," and that it was therefore not permitted to discriminate against Dale. That
ruling conflicted with an unrelated March 1998 decision in the Boy Scouts' favor by the
California Supreme Court that held that the organization was not a business and was
therefore free to exclude gays.
12. What is Labor Organizations?
As defined by dictionary.com, Labor Organizations are the group of employees formed for
the purposes of representing those employees with the employer as to the terms of a
collective contract of employment.
13. Please explain the Constitutional right to self-organization?
Constitutional right to self-organization. It is the right of workers and employees to form,
join or assist unions, organizations or associations for purposes of collective bargaining and
negotiation and for mutual aid and protection. It also refers to the right to engage in peaceful
concerted activities or to participate in policy and decision-making processes affecting their
rights and benefits. Article 13 social justice and human rights. Section 3. The State shall
afford full protection to labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for all. It shall guarantee the
rights of all workers to self-organization, collective bargaining and negotiations, and peaceful
concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights and benefits as may
be provided by law.
14. Based on the cases given in the syllabus, who are not allowed to join or organize labor
unions?
According to Executive Order Number 180 Sections 3. High-level employees whose
functions are normally considered as policy-making or managerial or whose duties are of a
highly confidential nature shall not be eligible to join the organization of rank-and-file
government employees. In addition DOLE Department Order No. 9, Series of 1997,
supervisory employees shall not be eligible for membership in a labor organization of the
rank-and-file employees but may form, join or assist separate labor organizations of their
own. Managerial employees shall not be eligible to form, join or assist any labor organization
for purposes of collective bargaining.
26. Research and discuss what are the illegal forms of strikes.
Intermittent strikes, involving the constant repetition of short strikes in which the employees
attempt to pressure the employer to concede to their demands while still receiving wages.
Work to rule or slowdown strikes, in which employees fail to perform the duties which the
employer has historically required them to perform. In-facility or sit down strikes, in which
the striking employees take possession of the employer's property and block others from
entering. Organization picketing when the employer has lawfully recognized another union,
or when a valid election has been conducted within the preceding of 12 months. And last
Secondary boycotts, in which the employees picket a neutral employer and Violence and
mass picketing.
27. Are labor unions still relevant in our society? Explain why or why not.
For me, I think Labor unions are not really relevant or active in our society today because in
some concerns of its members of not doing really its functions as a union and not protecting
totally the welfare of its members. According to the Manila times, there has been a general
decline of unionism in the country over the past three decades. The number of card-carrying
union members would probably be just around 10 percent of the country’s workforce. The
number of collective bargaining agreements (CBAs) registered with the Labor department is
not any more encouraging. So indeed, it is clear that labor unions are not so relevant in the
Philippines.