see - sc.judiciary.gov.ph/jurisprudence/2013/april2013/203766.pdf
"x x x.
Thus, we remand all the present petitions to the COMELEC. In
determining who may participate in the coming 13 May 2013 and subsequent party-list elections, the COMELEC shall adhere to the following parameters:
1. Three different groups may participate in the party-list system: (1)
national parties or organizations, (2) regional parties or organizations,
and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations do not need to organize along sectoral lines and do not need to represent
any “marginalized and underrepresented” sector.
3. Political parties can participate in party-list elections provided they
register under the party-list system and do not field candidates in
legislative district elections. A political party, whether major or not, that
fields candidates in legislative district elections can participate in partylist elections only through its sectoral wing that can separately register
under the party-list system. The sectoral wing is by itself an independent sectoral party, and is linked to a political party through a coalition.
4. 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 concerns of their sector. The sectors that are “marginalized and
underrepresented” include labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, handicapped, veterans, and overseas workers. The sectors that lack “well-defined political constituencies”
include professionals, the elderly, women, and the youth.
5. A majority of the members of sectoral parties or organizations that
represent the “marginalized and underrepresented” must belong to the
“marginalized and underrepresented” sector they represent. Similarly, a
majority of the members of sectoral parties or organizations that lack
“well-defined political constituencies” must belong to the sector they
represent. The nominees of sectoral parties or organizations that
represent the “marginalized and underrepresented,” or that represent
those who lack “well-defined political constituencies,” either must
belong to their respective sectors, or must have a track record of
advocacy for their respective sectors. The nominees of national and
regional parties or organizations must be bona-fide members of such
parties or organizations.
6. National, regional, and sectoral parties or organizations shall not be
disqualified if some of their nominees are disqualified, provided that
they have at least one nominee who remains qualified.
The COMELEC excluded from participating in the 13 May 2013 partylist elections those that did not satisfy these two criteria: (1) all national, regional, and sectoral groups or organizations must represent the “marginalized
and underrepresented” sectors, and (2) all nominees must belong to the
“marginalized and underrepresented” sector they represent. Petitioners may have been disqualified by the COMELEC because as political or regional parties they are not organized along sectoral lines and do not represent the “marginalized and underrepresented.” Also, petitioners' nominees who do not belong to the sectors they represent may have been disqualified, although they may have a track record of advocacy for their sectors. Likewise, nominees of non-sectoral parties may have been disqualified because they do not belong to any sector. Moreover, a party may have been disqualified because one or more of its nominees failed to qualify, even if the party has at least one remaining qualified nominee. As discussed above, the disqualification of petitioners, and their nominees, under such circumstances is contrary to the 1987 Constitution and R.A. No. 7941.
This Court is sworn to uphold the 1987 Constitution, apply its provisions
faithfully, and desist from engaging in socio-economic or political
experimentations contrary to what the Constitution has ordained. Judicial
power does not include the power to re-write the Constitution. Thus, the
present petitions should be remanded to the COMELEC not because the
COMELEC committed grave abuse of discretion in disqualifying petitioners, but because petitioners may now possibly qualify to participate in the coming 13 May 2013 party-list elections under the new parameters prescribed by this
Court.
x x x."
