6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly judicially enforceable constitutional rights. Some of the constitutional provisions invoked in the present case were taken from Article II of the Constitution — specifically, Sections 5, 9, 10, 11, 13, 15 and 18 — the provisions of which the Court categorically ruled to be non self-executing in the aforecited case of Tañada v. Angara.[16] (Emphasis supplied; citations omitted) In Ang Bagong Bayani-OFW Labor Party v. COMELEC,[17] the Court construed the constitutional provisions on the party-list system and held that the phrases "in accordance with law" and "as may be provided by law" authorized Congress "to sculpt in granite the lofty objective of the Constitution," to wit: That political parties may participate in the party-list elections does not mean, however, that any political party — or any organization or group for that matter — may do so. The requisite character of these parties or organizations must be consistent with the purpose of the party-list system, as laid down in the Constitution and RA 7941. Section 5, Article VI of the Constitution, provides as follows: "(1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. (2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector." xxxx The foregoing provision on the party-list system is not self-executory. It is, in fact, interspersed with phrases like "in accordance with law" or "as may be provided by law"; it was thus up to Congress to sculpt in granite the lofty objective of the Constitution. x x x.[18] (Italicization in the original; boldfacing supplied) Unable to cite any specific law on which DOJ Circular No. 041-10 is based, respondent invokes Executive Order No. 292, otherwise known as the Revised Administrative Code elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165 50/70

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