However, the COMELEC said the two percent vote requirement does not cover the organizations that won a congressional seat based on a recent Supreme Court ruling.
LGBT group Ang Ladlad appealed their disqualification after the COMELEC's First Division disqualified the organization due to "moral grounds," citing the Bible and the Qur'an.
The commission's First Division disqualified ACT after it had failed to prove that it exists "in most of the regions;" the commission said that, Courage on the other hand, "exists in Western Visayas, Davao del Sur, a town in Lanao del Norte and Rizal and some cities in Metro Manila," and that it failed to prove that it represents a "marginalized and under-represented sector.
"[5] In December, the commission en banc denied Ang Ladlad's motion for reconsideration with finality as Remoto said he would elevate the case to the Supreme Court.
On July 11, 2010, the Commission on Elections (COMELEC) disqualified two nominees of Kasangga sa Kaunlaran namely Teodoro Haresco and Eugenio Lacson on proving they do not support the marginalized sectors.
Bagong Alyansang Makabayan (BAYAN) secretary-general Renato Reyes says that "this should now serve as a benchmark for other pending petitions against party-list nominees who do not belong to nor represent the marginalized sectors.
"[18] On July 20, 2010, the COMELEC allowed Rep. Arroyo to sit as the representative for Ang Galing Pinoy after he was accepted as the first nominee of the party-list group.
The commission originally dismissed the petition filed by lawyer and journalist Melanio Mauricio, Jr. in 2010, but was reconsidered in August 2010; ABC has already won a seat in Congress but has not been sworn in.
ABC, through its chairman James Marty Lim, argued that since the party had already won a seat, the jurisdiction should be under the House of Representatives Electoral Tribunal.