Practice question
A sectoral party representing fisherfolk has a majority of members belonging to that sector. It nominates a person who is not a fisher but has a proven record of advocating fisherfolk concerns and satisfies all statutory nominee qualifications. An objector says every sectoral nominee must personally practice the occupation represented. Under Atong Paglaum, which answer is best?
- The objection necessarily succeeds because advocacy can never qualify a nominee.
- The objection fails as stated: a sectoral nominee may belong to the sector or have a track record of advocacy for it.
- The objection fails because no qualifications apply to sectoral nominees.
- The objection succeeds unless the nominee owns the largest fishing vessel in the province.
- The objection fails only if all members of the party are wealthy.
Legal references
- Atong Paglaum, Inc. v. COMELEC, G.R. No. 203766 and consolidated cases, April 2, 2013, main decision, six participation parameters: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/55861
- Republic Act No. 7941, March 3, 1995, Party-List System Act: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3614; Section 9.
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