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    03 Sumulong Vs COMELEC

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    Janno Sangalang
    The COMELEC had initially awarded the minority inspector position to the Popular Front Party faction led by Abad Santos. Sumulong challenged this, arguing that his faction should receive it instead. The Supreme Court upheld the COMELEC's modification of its initial ruling, maintaining that the minority inspector position goes to the COMELEC's chosen faction, in this case Abad Santos', since the original Popular Front Party coalition had split. One Justice dissented, believing that choosing Abad Santos' faction, which was really the Communist Party of the Philippines, was unfortunate.

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    03 Sumulong Vs COMELEC

    Uploaded by

    Janno Sangalang
    993 views2 pages
    The COMELEC had initially awarded the minority inspector position to the Popular Front Party faction led by Abad Santos. Sumulong challenged this, arguing that his faction should receive it instead. The Supreme Court upheld the COMELEC's modification of its initial ruling, maintaining that the minority inspector position goes to the COMELEC's chosen faction, in this case Abad Santos', since the original Popular Front Party coalition had split. One Justice dissented, believing that choosing Abad Santos' faction, which was really the Communist Party of the Philippines, was unfortunate.

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    03 Sumulong vs COMELEC

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    The COMELEC had initially awarded the minority inspector position to the Popular Front Party faction led by Abad Santos. Sumulong challenged this, arguing that his faction should receive it instead. The Supreme Court upheld the COMELEC's modification of its initial ruling, maintaining that the minority inspector position goes to the COMELEC's chosen faction, in this case Abad Santos', since the original Popular Front Party coalition had split. One Justice dissented, believing that choosing Abad Santos' faction, which was really the Communist Party of the Philippines, was unfortunate.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    993 views2 pages

    03 Sumulong Vs COMELEC

    Uploaded by

    Janno Sangalang
    The COMELEC had initially awarded the minority inspector position to the Popular Front Party faction led by Abad Santos. Sumulong challenged this, arguing that his faction should receive it instead. The Supreme Court upheld the COMELEC's modification of its initial ruling, maintaining that the minority inspector position goes to the COMELEC's chosen faction, in this case Abad Santos', since the original Popular Front Party coalition had split. One Justice dissented, believing that choosing Abad Santos' faction, which was really the Communist Party of the Philippines, was unfortunate.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    03 Sumulong vs COMELEC

    This is case wherein the decision of the COMELEC to choose which faction of a Political Party
    should represent the minority in the Board of Elections is assailed. )

    Facts:

     In the 1938 elections, the Popular Front Party supported the campaign of two candidates
    from two legislative districts of the province of Pampanga. Both candidates had more
    than 10 per centum of the total votes of each legislative districts.
     It appears, however, that said Popular Front Party was then a mere coalition of several
    minority groups, thus divided into two: (1) Popular Front faction of Juan Sumulong and
    that of (2) Pedro Abad Santos.
    o These two factions now stand out as separate and independent minority parties
    supporting different sets of candidacies for the forthcoming national elections.

     On September 15, 1941, the Commission on Elections granted to the Popular Front Party
    of Abad Santos the right to propose the minority inspector in the second congressional
    district of Pampanga.

     On September 26, 1941, the COMELEC modified its ruling of the 15th of September by
    actually awarding the minority inspector to the Popular Front Party of Abad Santos. This
    resolution is the subject of review in this petition for certiorari.

    Issue: Whether the modification of the COMELEC ruling, giving the minority inspector to Popular
    Front of Abad Santos is unjust

    Held: NO.

    Ruling:

    It is now a well-settled rule that where the minimum number of votes required by law
    (Commonwealth Act No. 657, sec. 5) was polled by a mere coalition or alliance of minority parties,
    the right to minority representation in the board of elections inspectors to which such coalition is
    entitled, cannot be claimed by any of the component parties which have thereafter separated.
    (Sumulong vs. Commission on Elections, 40 Off. Gaz. [9th Sup.], No. 13, pp. 226, 230- 231; Vinzons
    vs. Commission on Elections et al., G.R. No. 48596, October 1, 1941.)

    In such situation, the Commission shall have the discretion to choose the minority inspector.
    (Commonwealth Act No. 657, sec. 5; Vinzons vs. Commission on Elections et al., supra; Rimando
    vs. Commission on Elections et al., G.R. No. 48603, October 1, 1941.)

    The modification by the Commission of its ruling of September 15th awarding the minority inspector
    to the Popular Front Party headed by Abad Santos is a legal exercise of the discretion vested in it
    by law.

    Dissenting Opinion: J. Ozaeta

    Choosing the faction of Abad Santos is unfortunate. Why?


    It is a notorious fact that the party headed by Mr. Pedro Abad Santos is the Communist
    Party of the Philippines. Before said party joined the Pagkakaisa ng Bayan, which was organized
    by Mr. Juan Sumulong, in December, 1936, it was known as the Socialist Party of Pampanga.
    o After said party headed by Mr. Abad Santos has separated from the Pagkakaisa ng
    Bayan or Popular Front, and has reverted to its former independent existence, the
    Commission on Elections now permits it not only to parade as Popular Front — and not
    as Communist Party — but also to have the second inspector to which it admittedly is
    not entitled. I cannot bring myself to sanction that result.

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