This case has been cited 1 times or more.
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2015-09-29 |
SERENO, C.J. |
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| A party-list organization owes its existence to the State and the latter's approval must be obtained through its agent, the COMELEC. In the 2013 case of Dayao v. COMELEC,[48] We declared that it is the State, acting through the COMELEC, that breathes life to a party-list organization. The implication, therefore, is that the State, through the COMELEC, is a party to the principal contracts entered into by the party-list organization and its members - the Constitution and By-laws - such that any amendment to these contracts would constitute a novation requiring the consent of all the parties involved. An amendment to the bylaws of a party-list organization should become effective only upon approval by the COMELEC. | |||||