banat vs. comelec, gr no. 17927, february 17, 1997

8/10/2019 Banat vs. Comelec, Gr No. 17927, February 17, 1997

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BARANGAY ASSOCIATION FOR G.R. No. 179271

NATIONAL ADVANCEMENT

AND TRANSPARENCY (BANAT),

Petitioner,

- versus -

COMMISSION ON ELECTIONS

(sitting as the National Board of

Canvassers),

Respondent.

ARTS BUSINESS AND SCIENCE

PROFESSIONALS,

Intervenor.

AANGAT TAYO,

Intervenor.

COALITION OF ASSOCIATIONS

OF SENIOR CITIZENS IN THE

PHILIPPINES, INC. (SENIOR

CITIZENS),

Intervenor.

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - x

BAYAN MUNA, ADVOCACY FOR G.R. No. 179295

TEACHER EMPOWERMENT

THROUGH ACTION, COOPERATION Present:

AND HARMONY TOWARDS

EDUCATIONAL REFORMS, INC., PUNO, C.J.,

and ABONO, QUISUMBING,Petitioners, YNARES-SANTIAGO,

CARPIO,

AUSTRIA-MARTINEZ,

CORONA,

- versus - CARPIO MORALES,

TINGA,

CHICO-NAZARIO,

VELASCO, JR.,

NACHURA,

LEONARDO-DE CASTRO,

BRION,

PERALTA, and

BERSAMIN,JJ.

COMMISSION ON ELECTIONS, Promulgated:

Respondent.

_______________________

x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

D E C I S I O N

CARPIO,J.:

The Case

Petitioner in G.R. No. 179271 Barangay Association for National Advancement and Transparency (BANAT) in a

petition for certiorari and mandamus,[1]

assails the Resolution[2]

promulgated on 3 August 2007 by the Commission on

Elections (COMELEC) in NBC No. 07-041 (PL). The COMELECs resolution in NBC No. 07-041 (PL) approved the

recommendation of Atty. Alioden D. Dalaig, Head of the National Board of Canvassers (NBC) Legal Group, to deny the petition
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of BANAT for being moot. BANAT filed before the COMELEC En Banc, acting as NBC, a Petition to Proclaim the Full Number of

Party-List Representatives Provided by the Constitution.

The following are intervenors in G.R. No. 179271: Arts Business and Science Professionals (ABS), Aangat Tayo (AT), and

Coalition of Associations of Senior Citizens in the Philippines, Inc. (Senior Citizens).

Petitioners in G.R. No. 179295 Bayan Muna, Abono, and Advocacy for Teacher Empowerment Through Action,Cooperation and Harmony Towards Educational Reforms (A Teacher) in a petition for certiorari with mandamus and

prohibition,[3]

assails NBC Resolution No. 07-60[4]

promulgated on 9 July 2007. NBC No. 07-60 made a partial proclamation of

parties, organizations and coalitions that obtained at least two percent of the total votes cast under the Party-List

System. The COMELEC announced that, upon completion of the canvass of the party-list results, it would determine the total

number of seats of each winning party, organization, or coalition in accordance with Veterans Federation Party v.

COMELEC[5]

(Veterans).

Estrella DL Santos, in her capacity as President and First Nominee of the Veterans Freedom Party, filed a motion to

intervene in both G.R. Nos. 179271 and 179295.

The Facts

The 14 May 2007 elections included the elections for the party-list representatives. The COMELEC counted 15,950,900

votes cast for 93 parties under the Party-List System.[6]

On 27 June 2002, BANAT filed a Petition to Proclaim the Full Number of Party-List Representatives Provided by the

Constitution, docketed as NBC No. 07-041 (PL) before the NBC. BANAT filed its petition because *t+he Chairman and the

Members of the [COMELEC] have recently been quoted in the national papers that the [COMELEC] is duty bound to and shall

implement the Veteransruling, that is, would apply the Panganiban formula in allocating party-list seats.[7]

There were no

intervenors in BANATs petition before the NBC. BANAT filed a memorandum on 19 July 2007.

On 9 July 2007, the COMELEC, sitting as the NBC, promulgated NBC Resolution No. 07-60. NBC Resolution No. 07-60

proclaimed thirteen (13) parties as winners in the party-list elections, namely: Buhay Hayaan Yumabong (BUHAY), Bayan

Muna, Citizens Battle Against Corruption (CIBAC), Gabrielas Women Party (Gabriela), Association of Philippine Electric

Cooperatives (APEC), A Teacher, Akbayan! Citizens Action Party (AKBAYAN), Alagad, Luzon Farmers Party (BUTIL),

Cooperative-Natco Network Party (COOP-NATCCO), Anak Pawis, Alliance of Rural Concerns (ARC), and Abono. We quote NBCResolution No. 07-60 in its entirety below:

WHEREAS, the Commission on Elections sitting en bancas National Board of Canvassers, thru its Sub-

Committee for Party-List, as of 03 July 2007, had officially canvassed, in open and public proceedings, a

total of fifteen million two hundred eighty three thousand six hundred fifty-nine (15,283,659)votes under

the Party-List System of Representation, in connection with the National and Local Elections conducted last

14 May 2007;

WHEREAS, the study conducted by the Legal and Tabulation Groups of the National Board of

Canvassers reveals that the projected/maximum total party-list votes cannot go any higher than sixteen

million seven hundred twenty three thousand one hundred twenty-one (16,723,121) votes given the

following statistical data:

Projected/Maximum Party-List Votes for May 2007 Elections

i. Total party-list votes already canvassed/tabulated 15,283,659

ii. Total party-list votes remaining uncanvassed/ untabulated

(i.e. canvass deferred) 1,337,032

iii. Maximum party-list votes (based on 100% outcome) from

areas not yet submitted for canvass (Bogo, Cebu; Bais City;

Pantar, Lanao del Norte; and Pagalungan, Maguindanao)

102,430

Maximum Total Party-List Votes 16,723,121

WHEREAS, Section 11 of Republic Act No. 7941 (Party-List System Act) provides in part:

The parties, organizations, and coalitions receiving at least two percent (2%) of the

total votes cast for the party-list system shall be entitled to one seat each: provided, that

those garnering more than two percent (2%) of the votes shall be entitled to additional

seats in proportion to their total number of votes: provided, finally, that each party,

organization, or coalition shall be entitled to not more than three (3) seats.
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WHEREAS, for the 2007 Elections, based on the above projected total of party-list votes, the

presumptive two percent (2%) threshold can be pegged at three hundred thirty four thousand four

hundred sixty-two (334,462)votes;

WHEREAS, the Supreme Court, in Citizens Battle Against Corruption (CIBAC) versus COMELEC,

reiterated its ruling in Veterans Federation Party versus COMELEC adopting a formula for the additional

seats of each party, organization or coalition receving more than the required two percent (2%) votes,stating that the same shall be determined only after all party-list ballots have been completely canvassed;

WHEREAS, the parties, organizations, and coalitions that have thus far garnered at least three

hundred thirty four thousand four hundred sixty-two (334,462)votes are as follows:

RANK PARTY/ORGANIZATION/

COALITION

VOTES

RECEIVED

1 BUHAY 1,163,218

2 BAYAN MUNA 972,730

3 CIBAC 760,260

4 GABRIELA 610,451

5 APEC 538,971

6 A TEACHER 476,036

7 AKBAYAN 470,872

8 ALAGAD 423,076

9 BUTIL 405,052

10 COOP-NATCO 390,029

11 BATAS 386,361

12 ANAK PAWIS 376,036

13 ARC 338,194

14 ABONO 337,046

WHEREAS, except for Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS), against

which an URGENT PETITION FOR CANCELLATION/REMOVAL OF REGISTRATION AND DISQUALIFICATION OF

PARTY-LIST NOMINEE (With Prayer for the Issuance of Restraining Order)has been filed before the

Commission, docketed as SPC No. 07-250, all the parties, organizations and coalitions included in the

aforementioned list are therefore entitled to at least one seat under the party-list system of representation

in the meantime.

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution, the Omnibus ElectionCode, Executive Order No. 144, Republic Act Nos. 6646, 7166, 7941, and other election laws, the

Commission on Elections, sitting en bancas the National Board of Canvassers, hereby RESOLVES to

PARTIALLY PROCLAIM, subject to certain conditions set forth below, the following parties, organizations and

coalitions participating under the Party-List System:

1 Buhay Hayaan Yumabong BUHAY

2 Bayan Muna BAYAN MUNA

3 Citizens Battle Against Corruption CIBAC

4 Gabriela Womens Party GABRIELA

5 Association of Philippine Electric Cooperatives APEC

6 Advocacy for Teacher Empowerment Through Action,

Cooperation and Harmony Towards Educational

Reforms, Inc.

A TEACHER

7 Akbayan! Citizens Action Party AKBAYAN

8 Alagad ALAGAD

9 Luzon Farmers Party BUTIL

10 Cooperative-Natco Network Party COOP-NATCCO


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11 Anak Pawis ANAKPAWIS

12 Alliance of Rural Concerns ARC

13 Abono ABONO

This is without prejudice to the proclamation of other parties, organizations, or coalitions which may

later on be established to have obtained at least two percent (2%) of the total actual votes cast under the

Party-List System.

The total number of seats of each winning party, organization or coalition shall be determined

pursuant to Veterans Federation Party versus COMELEC formula upon completion of the canvass of the

party-list results.

The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS) is hereby

deferred until final resolution of SPC No. 07-250, in order not to render the proceedings therein moot and

academic.

Finally, all proclamation of the nominees of concerned parties, organizations and coalitions with

pending disputes shall likewise be held in abeyance until final resolution of their respective cases.

Let the Clerk of the Commission implement this Resolution, furnishing a copy thereof to the Speaker

of the House of Representatives of the Philippines.

SO ORDERED.[8]

(Emphasis in the original)

Pursuant to NBC Resolution No. 07-60, the COMELEC, acting as NBC, promulgated NBC Resolution No. 07-72, which

declared the additional seats allocated to the appropriate parties. We quote from the COMELECs interpretation of

the Veteransformula as found in NBC Resolution No. 07-72:

WHEREAS, on July 9, 2007, the Commission on Elections sitting en banc as the National Board of

Canvassers proclaimed thirteen (13) qualified parties, organization[s] and coalitions based on the

presumptive two percent (2%) threshold of 334,462 votes from the projected maximum total number of

party-list votes of 16,723,121, and were thus given one (1) guaranteed party-list seat each;

WHEREAS, per Report of the Tabulation Group and Supervisory Committee of the National Board of

Canvassers, the projected maximum total party-list votes, as of July 11, 2007, based on the votes actually

canvassed, votes canvassed but not included in Report No. 29, votes received but uncanvassed, and

maximum votes expected for Pantar, Lanao del Norte, is 16,261,369; and that the projected maximum total

votes for the thirteen (13) qualified parties, organizations and coalition[s] are as follows:

Party-List Projected total number of votes

1 BUHAY 1,178,747

2 BAYAN MUNA 977,476

3 CIBAC 755,964

4 GABRIELA 621,718

5 APEC 622,489

6 A TEACHER 492,369

7 AKBAYAN 462,674

8 ALAGAD 423,190

9 BUTIL 409,29810 COOP-NATCO 412,920

11 ANAKPAWIS 370,165

12 ARC 375,846

13 ABONO 340,151

WHEREAS, based on the above Report, Buhay Hayaan Yumabong(Buhay) obtained the highest

number of votes among the thirteen (13) qualified parties, organizations and coalitions, making it the first
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party in accordance withVeterans Federation Party versus COMELEC, reiterated in Citizens Battle Against

Corruption (CIBAC) versus COMELEC;

WHEREAS, qualified parties, organizations and coalitions participating under the party-list system of

representation that have obtained one guaranteed (1) seat may be entitled to an additional seat or seats

based on the formula prescribed by the Supreme Court in Veterans;

WHEREAS, in determining the additional seats for the first party, the correct formula as expressed

in Veterans, is:

Number of votes of first party Proportion of votes of first

- - - - - - - - - - - - - - - - - - - - - = party relative to total votes for

Total votes for party-list system party-list system

wherein the proportion of votes received by the first party (without rounding off) shall entitle it to

additional seats:

Proportion of votes received

by the first party

Additional seats

Equal to or at least 6% Two (2) additional seats

Equal to or greater than 4% but less than 6% One (1) additional seat

Less than 4% No additional seat

WHEREAS, applying the above formula, Buhay obtained the following percentage:

1,178,747

- - - - - - - - = 0.07248 or 7.2%

16,261,369

which entitles it to two (2) additional seats.

WHEREAS, in determining the additional seats for the other qualified parties, organizations and

coalitions, the correct formula as expressed in Veteransand reiterated in CIBACis, as follows:

No. of votes of

concerned party No. of additional

Additional seats for = ------------------- x seats allocated to

a concerned party No. of votes of first party

first party

WHEREAS, applying the above formula, the results are as follows:

Party List Percentage Additional Seat

BAYAN MUNA 1.65 1

CIBAC 1.28 1

GABRIELA 1.05 1

APEC 1.05 1

A TEACHER 0.83 0

AKBAYAN 0.78 0

ALAGAD 0.71 0

BUTIL 0.69 0COOP-NATCO 0.69 0

ANAKPAWIS 0.62 0

ARC 0.63 0

ABONO 0.57 0


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NOW THEREFORE, by virtue of the powers vested in it by the Constitution, Omnibus Election Code,

Executive Order No. 144, Republic Act Nos. 6646, 7166, 7941 and other elections laws, the Commission on

Elections en bancsitting as the National Board of Canvassers, hereby RESOLVED, as it hereby RESOLVES, to

proclaim the following parties, organizations or coalitions as entitled to additional seats, to wit:

Party List Additional Seats

BUHAY 2

BAYAN MUNA 1

CIBAC 1

GABRIELA 1

APEC 1

This is without prejudice to the proclamation of other parties, organizations or coalitions which may

later on be established to have obtained at least two per cent (2%) of the total votes cast under the party-

list system to entitle them to one (1) guaranteed seat, or to the appropriate percentage of votes to entitle

them to one (1) additional seat.

Finally, all proclamation of the nominees of concerned parties, organizations and coalitions with

pending disputes shall likewise be held in abeyance until final resolution of their respective cases.

Let the National Board of Canvassers Secretariat implement this Resolution, furnishing a copy hereof

to the Speaker of the House of Representatives of the Philippines.

SO ORDERED.[9]

Acting on BANATs petition, the NBC promulgated NBC Resolution No. 07-88 on 3 August 2007, which reads as follows:

This pertains to the Petition to Proclaim the Full Number of Party-List Representatives Provided by

the Constitution filed by the Barangay Association for National Advancement and Transparency (BANAT).

Acting on the foregoing Petition of the Barangay Association for National Advancement and

Transparency (BANAT) party-list, Atty. Alioden D. Dalaig, Head, National Board of Canvassers Legal Group

submitted his comments/observations and recommendation thereon [NBC 07-041 (PL)], which reads:

COMMENTS / OBSERVATIONS:

Petitioner Barangay Association for National Advancement and Transparency (BANAT), in

its Petition to Proclaim the Full Number of Party-List Representatives Provided by the

Constitution prayed for the following reliefs, to wit:

1. That the full number -- twenty percent (20%) -- of Party-List representatives as

mandated by Section 5, Article VI of the Constitution shall be proclaimed.

2. Paragraph (b), Section 11 of RA 7941 which prescribes the 2% threshold votes,

should be harmonized with Section 5, Article VI of the Constitution and with Section 12 of

the same RA 7941 in that it should be applicable only to the first party-list representative

seats to be allotted on the basis of their initial/first ranking.

3. The 3-seat limit prescribed by RA 7941 shall be applied; and

4. Initially, all party-list groups shall be given the number of seats corresponding toevery 2% of the votes they received and the additional seats shall be allocated in

accordance with Section 12 of RA 7941, that is, in proportion to the percentage of votes

obtained by each party-list group in relation to the total nationwide votes cast in the

party-list election, after deducting the corresponding votes of those which were allotted

seats under the 2% threshold rule. In fine, the formula/procedure prescribed in the

ALLOCATION OF PARTY-LIST SEATS, ANNEX A of COMELEC RESOLUTION 2847 dated 25

June 1996, shall be used for [the] purpose of determining how many seats shall be

proclaimed, which party-list groups are entitled to representative seats and how many of

their nominees shall seat [sic].


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5. In the alternative, to declare as unconstitutional Section 11 of Republic Act No.

7941 and that the procedure in allocating seats for party-list representative prescribed by

Section 12 of RA 7941 shall be followed.

RECOMMENDATION:

The petition of BANAT is now moot and academic.

The Commission En Banc in NBC Resolution No. 07-60 promulgated July 9, 2007 reIn

the Matter of the Canvass of Votes and Partial Proclamation of the Parties, Organizations

and Coalitions Participating Under the Party-List System During the May 14, 2007 National

and Local Electionsresolved among others that the total number of seats of each winning

party, organization or coalition shall be determined pursuant to the Veterans Federation

Party versus COMELECformula upon completion of the canvass of the party-list results.

WHEREFORE, premises considered, the National Board of Canvassers RESOLVED, as it hereby

RESOLVES, to approve and adopt the recommendation of Atty. Alioden D. Dalaig, Head, NBC Legal Group, to

DENY the herein petition of BANAT for being moot and academic.

Let the Supervisory Committee implement this resolution.

SO ORDERED.[10]

BANAT filed a petition for certiorari and mandamus assailing the ruling in NBC Resolution No. 07-88. BANAT did not file

a motion for reconsideration of NBC Resolution No. 07-88.

On 9 July 2007, Bayan Muna, Abono, and A Teacher asked the COMELEC, acting as NBC, to reconsider its decision to use

the Veteransformula as stated in its NBC Resolution No. 07-60 because the Veterans formula is violative of the Constitution

and of Republic Act No. 7941 (R.A. No. 7941). On the same day, the COMELEC denied reconsideration during the proceedings

of the NBC.[11]

Aside from the thirteen party-list organizations proclaimed on 9 July 2007, the COMELEC proclaimed three other party-

list organizations as qualified parties entitled to one guaranteed seat under the Party-List System: Agricultural Sector Alliance

of the Philippines, Inc. (AGAP),[12]

Anak Mindanao (AMIN),[13]

and An Waray.[14]

Per the certification[15]

by COMELEC, the

following party-list organizations have been proclaimed as of 19 May 2008:

Party-List No. of Seat(s)

1.1 Buhay 3

1.2 Bayan Muna 2

1.3 CIBAC 2

1.4 Gabriela 2

1.5 APEC 2

1.6 A Teacher 1

1.7 Akbayan 1

1.8 Alagad 1

1.9 Butil 1

1.10 Coop-Natco [sic] 1

1.11 Anak Pawis 1

1.12 ARC 1

1.13 Abono 1

1.14 AGAP 1

1.15 AMIN 1

The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS), against which an Urgent Petition

for Cancellation/Removal of Registration and Disqualification of Party-list Nominee (with Prayer for the Issuance of

Restraining Order) has been filed before the COMELEC, was deferred pending final resolution of SPC No. 07-250.
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Issues

BANAT brought the following issues before this Court:

1. Is the twenty percent allocation for party-list representatives provided in Section 5(2), Article

VI of the Constitution mandatory or is it merely a ceiling?

2. Is the three-seat limit provided in Section 11(b) of RA 7941 constitutional?

3. Is the two percent threshold and qualifier votes prescribed by the same Section 11(b) of RA

7941 constitutional?

4. How shall the party-list representatives be allocated?[16]

Bayan Muna, A Teacher, and Abono, on the other hand, raised the following issues in their petition:

I. Respondent Commission on Elections, acting as National Board of Canvassers, committed grave

abuse of discretion amounting to lack or excess of jurisdiction when it promulgated NBC

Resolution No. 07-60 to implement the First-Party Rule in the allocation of seats to qualified party-list

organizations as said rule:

A. Violates the constitutional principle of proportional representation.

B. Violates the provisions of RA 7941 particularly:

1. The 2-4-6 Formula used by the First Party Rule in allocating additional

seats for the First Party violates the principle of proportional

representation under RA 7941.

2. The use of two formulas in the allocation of additional seats, one

for the First Party and another for the qualifying parties, violatesSection 11(b) of RA 7941.

3. The proportional relationships under the First Party Rule are different

from those required under RA 7941;

C. Violates the Four Inviolable Parameters of the Philippine party-list system as provided

for under the same case of Veterans Federation Party, et al. v. COMELEC.

II. Presuming that the Commission on Elections did not commit grave abuse of discretion

amounting to lack or excess of jurisdiction when it implemented the First-Party Rule in the allocation of

seats to qualified party-list organizations, the same being merely in consonance with the ruling

in Veterans Federations Party, et al. v. COMELEC,the instant Petition is a justiciable case as the

issues involved herein are constitutional in nature, involving the correct interpretation and

implementation of RA 7941, and are of transcendental importance to our nation.[17]

Considering the allegations in the petitions and the comments of the parties in these cases, we defined the following

issues in our advisory for the oral arguments set on 22 April 2008:

1. Is the twenty percent allocation for party-list representatives in Section 5(2), Article VI of the

Constitution mandatory or merely a ceiling?

2. Is the three-seat limit in Section 11(b) of RA 7941 constitutional?

3. Is the two percent threshold prescribed in Section 11(b) of RA 7941 to qualify for one seat

constitutional?

4. How shall the party-list representative seats be allocated?

5. Does the Constitution prohibit the major political parties from participating in the party-list

elections? If not, can the major political parties be barred from participating in the party-

list elections?[18]

The Ruling of the Court
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The petitions have partial merit. We maintain that a Philippine-style party-list election has at least four inviolable

parameters as clearly stated in Veterans. For easy reference, these are:

First, the twenty percent allocation the combined number of all party-list congressmen shall not

exceed twenty percent of the total membership of the House of Representatives, including those elected

under the party list;

Second, the two percent threshold only those parties garnering a minimum of two percent of the

total valid votes cast for the party-list system are qualified to have a seat in the House of Representatives;

Third, the three-seat limit each qualified party, regardless of the number of votes it actually

obtained, is entitled to a maximum of three seats; that is, one qualify ing and two additional seats;

Fourth, proportional representationthe additional seats which a qualified party is entitled to shall

be computed in proportion to their total number of votes.[19]

However, because the formula in Veterans has flaws in its mathematical interpretation of the term proportional

representation, this Court is compelled to revisit the formula for the allocation of additional seats to party-list organizations.

Number of Party-List Representatives:

The Formula Mandated by the Constitution

Section 5, Article VI of the Constitution provides:

Section 5. (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 ororganizations.

(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.

The first paragraph of Section 11 of R.A. No. 7941 reads:

Section 11. Number of Party-List Representatives.The party-list representatives shall constitute

twenty per centum (20%) of the total number of the members of the House of Representatives including

those under the party-list.

x x x

Section 5(1), Article VI of the Constitution states that the House of Representatives shall be composed of not more

than two hundred and fifty members, unless otherwise fixed by law. The House of Representatives shall be composed of

district representatives and party-list representatives. The Constitution allows the legislature to modify the number of the

members of the House of Representatives.

Section 5(2), Article VI of the Constitution, on the other hand, states the ratio of party-list representatives to the total

number of representatives. We compute the number of seats available to party-list representatives from the number of

legislative districts. On this point, we do not deviate from the first formula in Veterans, thus:

Number of seats available to

legislative districts x .20 =

Number of seats available to

party-list representatives

.80


10/18

This formula allows for the corresponding increase in the number of seats available for party-list representatives whenever a

legislative district is created by law. Since the 14th

Congress of the Philippines has 220 district representatives, there are 55

seats available to party-list representatives.

220 x .20 = 55

.80

After prescribing the ratio of the number of party-list representatives to the total number of representatives, the

Constitution left the manner of allocating the seats available to party-list representatives to the wisdom of the legislature.

Allocation of Seats for Party-List Representatives:

The Statutory Limits Presented by the Two Percent Threshold

and the Three-Seat Cap

All parties agree on the formula to determine the maximum number of seats reserved under the Party-List System, as

well as on the formula to determine the guaranteed seats to party-list candidates garnering at least two-percent of the total

party-list votes. However, there are numerous interpretations of the provisions of R.A. No. 7941 on the allocation

ofadditional seatsunder the Party-List System. Veteransproduced the First Party Rule,[20]and Justice Vicente V.

Mendozas dissent inVeteranspresented Germanys Niemeyer formula[21]

as an alternative.

The Constitution left to Congress the determination of the manner of allocating the seats for party-list representatives.

Congress enacted R.A. No. 7941, paragraphs (a) and (b) of Section 11 and Section 12 of which provide:

Section 11. Number of Party-List Representatives.x x x

In determining the allocation of seats for the second vote,[22]

the following procedure shall be

observed:

(a) The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on

the number of votes they garnered during the elections.

(b) The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast

for the party-list system shall be entitled to one seat each: Provided, That those garnering more than two

percent (2%) of the votes shall be entitled to additional seats in proportion to their total number of

votes:Provided, finally, That each party, organization, or coalition shall be entitled to not more than three

(3) seats.

Section 12. Procedure in Allocating Seats for Party-List Representatives. The COMELEC shall tally

all the votes for the parties, organizations, or coalitions on a nationwide basis, rank them according to the

number of votes received and allocate party-list representatives proportionately according to the

percentage of votes obtained by each party, organization, or coalition as against the total nationwide votes

cast for the party-list system. (Emphasis supplied)

In G.R. No. 179271, BANAT presents two interpretations through three formulas to allocate party-list representative

seats.

The first interpretation allegedly harmonizes the provisions of Section 11(b) on the 2% requirement with Section 12 of

R.A. No. 7941. BANAT described this procedure as follows:

(a) The party-list representatives shall constitute twenty percent (20%) of the total Members of the

House of Representatives including those from the party-list groups as prescribed by Section 5, Article VI of

the Constitution, Section 11 (1st

par.) of RA 7941 and Comelec Resolution No. 2847 dated 25 June

1996. Since there are 220 District Representatives in the 14th

Congress, there shall be 55 Party-List

Representatives. All seats shall have to be proclaimed.

(b) All party-list groups shall initially be allotted one (1) seat for every two per centum (2%) of the total

party-list votes they obtained; provided, that no party-list groups shall have more than three (3) seats

(Section 11, RA 7941).

(c) The remaining seats shall, after deducting the seats obtained by the party-list groups under the

immediately preceding paragraph and after deducting from their total the votes corresponding to those

seats, the remaining seats shall be allotted proportionately to all the party-list groups which have not
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secured the maximum three (3) seats under the 2% threshold rule, in accordance with Section 12 of RA

7941.[23]

Forty-four (44) party-list seats will be awarded under BANATs first interpretation.

The second interpretation presented by BANAT assumes that the 2% vote requirement is declared unconstitutional, andapportions the seats for party-list representatives by following Section 12 of R.A. No. 7941. BANAT states that the COMELEC:

(a) shall tally all the votes for the parties, organizations, or coalitions on a nationwide basis;

(b) rank them according to the number of votes received; and,

(c) allocate party-list representatives proportionately according to the percentage of votes obtained by

each party, organization or coalition as against the total nationwide votes cast for the party-

list system.[24]

BANAT used two formulas to obtain the same results: one is based on the proportional percentage of the votes received by

each party as against the total nationwide party-list votes, and the other is by making the votes of a party -list with a median

percentage of votes as the divisor in computing the allocation of seats. [25]

Thirty-four (34) party-list seats will be awarded

under BANATs second interpretation.

In G.R. No. 179295, Bayan Muna, Abono, and A Teacher criticize both the COMELECs original 2 -4-6 formula and

the Veteransformula for systematically preventing all the party-list seats from being filled up. They claim that both formulas

do not factor in the total number of seats alloted for the entire Party-List System. Bayan Muna, Abono, and A Teacher reject

the three-seat cap, but accept the 2% threshold. After determining the qualified parties, a second percentage is generated by

dividing the votes of a qualified party by the total votes of all qualified parties only. The number of seats allocated to a

qualified party is computed by multiplying the total party-list seats available with the second percentage. There will be a first

round of seat allocation, limited to using the whole integers as the equivalent of the number of seats allocated to the

concerned party-list. After all the qualified parties are given their seats, a second round of seat allocation is conducted. The

fractions, or remainders, from the whole integers are ranked from highest to lowest and the remaining seats on the basis of

this ranking are allocated until all the seats are filled up.[26]

We examine what R.A. No. 7941 prescribes to allocate seats for party-list representatives.

Section 11(a) of R.A. No. 7941 prescribes the ranking of the participating parties from the highest to the lowest based

on the number of votes they garnered during the elections.

Table 1. Ranking of the participating parties from the highest to the lowest based on the number of votes

garnered during the elections.[27]

Rank PartyVotes

Garnered

Rank PartyVotes

Garnered1 BUHAY 1,169,234 48 KALAHI 88,868

2 BAYAN MUNA 979,039 49 APOI 79,386

3 CIBAC 755,686 50 BP 78,541

4 GABRIELA 621,171 51 AHONBAYAN 78,424

5 APEC 619,657 52 BIGKIS 77,327

6 A TEACHER 490,379 53 PMAP 75,200

7 AKBAYAN 466,112 54 AKAPIN 74,686

8 ALAGAD 423,149 55 PBA 71,544

9 COOP-NATCCO 409,883 56 GRECON 62,220

10 BUTIL 409,160 57 BTM 60,993

11 BATAS 385,810 58 A SMILE 58,717

12 ARC 374,288 59 NELFFI 57,872

13 ANAKPAWIS 370,261 60 AKSA 57,012

14 ABONO 339,990 61 BAGO 55,846

15 AMIN 338,185 62 BANDILA 54,751
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16 AGAP 328,724 63 AHON 54,522

17 AN WARAY 321,503 64 ASAHAN MO 51,722

18 YACAP 310,889 65 AGBIAG! 50,837

19 FPJPM 300,923 66 SPI 50,478

20 UNI-MAD 245,382 67 BAHANDI 46,612

21 ABS 235,086 68 ADD 45,624

22 KAKUSA 228,999 69 AMANG 43,062

23 KABATAAN 228,637 70 ABAY PARAK 42,282

24 ABA-AKO 218,818 71 BABAE KA 36,512

25 ALIF 217,822 72 SB 34,835

26 SENIOR CITIZENS 213,058 73 ASAP 34,098

27 AT 197,872 74 PEP 33,938

28 VFP 196,266 75 ABA ILONGGO 33,903

29 ANAD 188,521 76 VENDORS 33,691

30 BANAT 177,028 77 ADD-TRIBAL 32,896

31 ANG KASANGGA 170,531 78 ALMANA 32,255

32 BANTAY 169,801 79 AANGAT KA

PILIPINO

29,130

33 ABAKADA 166,747 80 AAPS 26,271

34 1-UTAK 164,980 81 HAPI 25,781

35 TUCP 162,647 82 AAWAS 22,946

36 COCOFED 155,920 83 SM 20,744

37 AGHAM 146,032 84 AG 16,916

38 ANAK 141,817 85 AGING PINOY 16,729

39 ABANSE! PINAY 130,356 86 APO 16,421

40 PM 119,054 87 BIYAYANG BUKID 16,241

41 AVE 110,769 88 ATS 14,161

42 SUARA 110,732 89 UMDJ 9,445

43 ASSALAM 110,440 90 BUKLOD FILIPINA 8,915

44 DIWA 107,021 91 LYPAD 8,471

45 ANC 99,636 92 AA-KASOSYO 8,40646 SANLAKAS 97,375 93 KASAPI 6,221

47 ABC 90,058 TOTAL 15,950,900

The first clause of Section 11(b) of R.A. No. 7941 states that parties, organizations, and coalitions receiving at least two

percent (2%) of the total votes cast for the party-list system shall be entitled to one seat each. This clause guarantees a seat

to the two-percenters. In Table 2 below, we use the first 20 party-list candidates for illustration purposes. The percentage of

votes garnered by each party is arrived at by dividing the number of votes garnered by each party by 15,950,900, the total

number of votes cast for all party-list candidates.

Table 2. The first 20 party-list candidates and their respective percentage of votes garnered over the total

votes for the party-list.[28]

Rank PartyVotes

Garnered

Votes Garnered

over Total Votes for

Party-List, in %

Guaranteed

Seat

1 BUHAY 1,169,234 7.33% 1

2 BAYAN MUNA 979,039 6.14% 1

3 CIBAC 755,686 4.74% 1


13/18

4 GABRIELA 621,171 3.89% 1

5 APEC 619,657 3.88% 1

6 A TEACHER 490,379 3.07% 1

7 AKBAYAN 466,112 2.92% 1

8 ALAGAD 423,149 2.65% 1

9 COOP-NATCCO 409,883 2.57% 1

10 BUTIL 409,160 2.57% 1

11 BATAS[29]

385,810 2.42% 1

12 ARC 374,288 2.35% 1

13 ANAKPAWIS 370,261 2.32% 1

14 ABONO 339,990 2.13% 1

15 AMIN 338,185 2.12% 1

16 AGAP 328,724 2.06% 1

17 AN WARAY 321,503 2.02% 1

Total 17

18 YACAP 310,889 1.95% 0

19 FPJPM 300,923 1.89% 0

20 UNI-MAD 245,382 1.54% 0

From Table 2 above, we see that only 17 party-list candidates received at least 2% from the total number of votes cast

for party-list candidates. The 17 qualified party-list candidates, or the two-percenters, are the party-list candidates that are

entitled to one seat each, or the guaranteed seat. In this first round of seat allocation, we distributed 17 guaranteed seats.

The second clause of Section 11(b) of R.A. No. 7941 provides that those garnering more than two percent (2%) of thevotes shall be entitled to additional seats in proportion to their total number of votes. This is where petitioners and

intervenors problem with the formula in Veterans lies. Veteransinterprets the clause in proportion to their total number

of votes to bein proportion to the votes of the first party . This interpretation is contrary to the express language of R.A.

No. 7941.

We rule that, in computing the allocation of additional seats, the continued operation of the two percent threshold for

the distribution of the additional seats as found in the second clause of Section 11(b) of R.A. No. 7941

is unconstitutional. This Court finds that the two percent threshold makes it mathematically impossible to achieve the

maximum number of available party list seats when the number of available party list seats exceeds 50. The continued

operation of the two percent threshold in the distribution of the additional seats frustrates the attainment of the permissive

ceiling that 20% of the members of the House of Representatives shall consist of party-list representatives.

To illustrate: There are 55 available party-list seats. Suppose there are 50 million votes cast for the 100 participants in

the party list elections. A party that has two percent of the votes cast, or one million votes, gets a guaranteed seat. Let us

further assume that the first 50 parties all get one million votes. Only 50 parties get a seat despite the availability of 55

seats. Because of the operation of the two percent threshold, this situation will repeat itself even if we increase the available

party-list seats to 60 seats and even if we increase the votes cast to 100 million. Thus, even if the maximum number of

parties get two percent of the votes for every party, it is always impossible for the number of occupied party-list seats to

exceed 50 seats as long as the two percent threshold is present.

We therefore strike down the two percent threshold only in relation to the distribution of the additional seats as found

in the second clause of Section 11(b) of R.A. No. 7941. The two percent threshold presents an unwarranted obstacle to the

full implementation of Section 5(2), Article VI of the Constitution and prevents the attainment of the broadest possible

representation of party, sectoral or group interests in the House of Representatives.[30]

In determining the allocation of seats for party-list representatives under Section 11 of R.A. No. 7941, the following

procedure shall be observed:

1. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of

votes they garnered during the elections.

2. The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party-

list system shall be entitled to one guaranteed seat each.


14/18

3. Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled to additional

seats in proportion to their total number of votes until all the additional seats are allocated.

4. Each party, organization, or coalition shall be entitled to not more than three (3) seats.

In computing the additional seats, the guaranteed seats shall no longer be included because they have already been

allocated, at one seat each, to every two-percenter. Thus, the remaining available seats for allocation as additionalseats are the maximum seats reserved under the Party List System less the guaranteed seats. Fractional seats are

disregarded in the absence of a provision in R.A. No. 7941 allowing for a rounding off of fractional seats.

In declaring the two percent threshold unconstitutional, we do not limit our allocation of additional seats in Table 3

below to the two-percenters. The percentage of votes garnered by each party-list candidate is arrived at by dividing the

number of votes garnered by each party by 15,950,900, the total number of votes cast for party-list candidates. There are

two steps in the second round of seat allocation. First, the percentage is multiplied by the remaining available seats, 38,

which is the difference between the 55 maximum seats reserved under the Party-List System and the 17 guaranteed seats of

the two-percenters. The whole integer of the product of the percentage and of the remaining available seats corresponds to

a partys share in the remaining available seats. Second, we assign one party-list seat to each of the parties next in rank until

all available seats are completely distributed. We distributed all of the remaining 38 seats in the second round of seat

allocation. Finally, we apply the three-seat cap to determine the number of seats each qualified party-list candidate is

entitled. Thus:

Table 3. Distribution of Available Party-List Seats

Rank PartyVotes

Garnered

Votes

Garneredover

Total Votes

for Party

List, in %

(A)

Guaranteed

Seat

(First Round)

(B)

Additional

Seats

(Second

Round)

(C)

(B) plus

(C), in

wholeintegers

(D)

Applying

the threeseat cap

(E)

1 BUHAY 1,169,234 7.33% 1 2.79 3 N.A.

2 BAYAN MUNA 979,039 6.14% 1 2.33 3 N.A.

3 CIBAC 755,686 4.74% 1 1.80 2 N.A.

4 GABRIELA 621,171 3.89% 1 1.48 2 N.A.

5 APEC 619,657 3.88% 1 1.48 2 N.A.

6 A Teacher 490,379 3.07% 1 1.17 2 N.A.

7 AKBAYAN 466,112 2.92% 1 1.11 2 N.A.

8 ALAGAD 423,149 2.65% 1 1.01 2 N.A.

931

COOP-

NATCCO

409,883 2.57% 1 1 2 N.A.

10 BUTIL 409,160 2.57% 1 1 2 N.A.

11 BATAS 385,810 2.42% 1 1 2 N.A.

12 ARC 374,288 2.35% 1 1 2 N.A.

13 ANAKPAWIS 370,261 2.32% 1 1 2 N.A.

14 ABONO 339,990 2.13% 1 1 2 N.A.

15 AMIN 338,185 2.12% 1 1 2 N.A.

16 AGAP 328,724 2.06% 1 1 2 N.A.

17 AN WARAY 321,503 2.02% 1 1 2 N.A.


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18 YACAP 310,889 1.95% 0 1 1 N.A.

19 FPJPM 300,923 1.89% 0 1 1 N.A.

20 UNI-MAD 245,382 1.54% 0 1 1 N.A.

21 ABS 235,086 1.47% 0 1 1 N.A.

22 KAKUSA 228,999 1.44% 0 1 1 N.A.

23 KABATAAN 228,637 1.43% 0 1 1 N.A.

24 ABA-AKO 218,818 1.37% 0 1 1 N.A.

25 ALIF 217,822 1.37% 0 1 1 N.A.

26 SENIOR

CITIZENS

213,058 1.34% 0 1 1 N.A.

27 AT 197,872 1.24% 0 1 1 N.A.

28 VFP 196,266 1.23% 0 1 1 N.A.

29 ANAD 188,521 1.18% 0 1 1 N.A.

30 BANAT 177,028 1.11% 0 1 1 N.A.

31 ANG

KASANGGA

170,531 1.07% 0 1 1 N.A.

32 BANTAY 169,801 1.06% 0 1 1 N.A.

33 ABAKADA 166,747 1.05% 0 1 1 N.A.

34 1-UTAK 164,980 1.03% 0 1 1 N.A.

35 TUCP 162,647 1.02% 0 1 1 N.A.

36 COCOFED 155,920 0.98% 0 1 1 N.A.

Total 17 55

Applying the procedure of seat allocation as illustrated in Table 3 above, there are 55 party-list representatives from the

36 winning party-list organizations. All 55 available party-list seats are filled. The additional seats allocated to the parties

with sufficient number of votes for one whole seat, in no case to exceed a total of three seats for each party, are shown in

column (D).

Participation of Major Political Parties in Party-List Elections

The Constitutional Commission adopted a multi-party system that allowed all political parties to participate in the

party-list elections. The deliberations of the Constitutional Commission clearly bear this out, thus:

MR. MONSOD. Madam President, I just want to say that we suggested or proposed the party list

system because we wanted to open up the political system to a pluralistic society through a multiparty

system. x x x We are for opening up the system, and we would like very much for the sectors to be

there. That is why one of the ways to do that is to put a ceiling on the number of representatives from

any single party that can sit within the 50 allocated under the party list system. x x x.

x x x

MR. MONSOD. Madam President, the candidacy for the 198 seats is not limited to political

parties. My question is this: Are we going to classify for example Christian Democrats and Social Democrats

as political parties? Can they run under the party list concept or must they be under the district legislation

side of it only?

MR. VILLACORTA. In reply to that query, I think these parties that the Commissioner mentioned canfield candidates for the Senate as well as for the House of Representatives. Likewise, they can also field

sectoral candidates for the 20 percent or 30 percent, whichever is adopted, of the seats that we are

allocating under the party list system.

MR. MONSOD. In other words, the Christian Democrats can field district candidates and can also

participate in the party list system?

MR. VILLACORTA. Why not? When they come to the party list system, they will be fielding only

sectoral candidates.


16/18

MR. MONSOD. May I be clarified on that? Can UNIDO participate in the party list system?

MR. VILLACORTA. Yes, why not? For as long as they field candidates who come from the different

marginalized sectors that we shall designate in this Constitution.

MR. MONSOD. Suppose Senator Taada wants to run under BAYAN group and says that herepresents the farmers, would he qualify?

MR. VILLACORTA. No, Senator Taada would not qualify.

MR. MONSOD. But UNIDO can field candidates under the party list system and say Juan dela Cruz is

a farmer. Who would pass on whether he is a farmer or not?

MR. TADEO. Kay Commissioner Monsod, gusto ko lamang linawin ito. Political parties, particularly

minority political parties, are not prohibited to participate in the party list election if they can prove that

they are also organized along sectoral lines.

MR. MONSOD. What the Commissioner is saying is that all political parties can participate because it

is precisely the contention of political parties that they represent the broad base of citizens and that all

sectors are represented in them. Would the Commissioner agree?

MR. TADEO. Ang punto lamang namin, pag pinayagan mo ang UNIDO na isang political party, it will

dominate the party list at mawawalang saysay din yung sector. Lalamunin mismo ng political parties ang

party list system. Gusto ko lamang bigyan ng diin ang reserve. Hindi ito reserve seat sa marginalized

sectors. Kung titingnan natin itong 198 seats, reserved din ito sa political parties.

MR. MONSOD. Hindi po reserved iyon kasi anybody can run there. But my question to

Commissioner Villacorta and probably also to Commissioner Tadeo is that under this system, would UNIDO

be banned from running under the party list system?

MR. VILLACORTA. No, as I said, UNIDO may field sectoral candidates. On that condition alone,UNIDO may be allowed to register for the party list system.

MR. MONSOD. May I inquire from Commissioner Tadeo if he shares that answer?

MR. TADEO. The same.

MR. VILLACORTA. Puwede po ang UNIDO, pero sa sectoral lines.

x x x x

MR. OPLE. x x x In my opinion, this will also create the stimulus for political parties and mass

organizations to seek common ground. For example, we have the PDP-Laban and the UNIDO. I see no

reason why they should not be able to make common goals with mass organizations so that the very

leadership of these parties can be transformed through the participation of mass organizations. And if this

is true of the administration parties, this will be true of others like the Partido ng Bayan which is now being

formed. There is no question that they will be attractive to many mass organizations. In the opposition

parties to which we belong, there will be a stimulus for us to contact mass organizations so that with their

participation, the policies of such parties can be radically transformed because this amendment will create

conditions that will challenge both the mass organizations and the political parties to come together. And

the party list system is certainly available, although it is open to all the parties. It is understood that the

parties will enter in the roll of the COMELEC the names of representatives of mass organizations affiliated

with them. So that we may, in time, develop this excellent system that they have in Europe where labor

organizations and cooperatives, for example, distribute themselves either in the Social Democratic Party

and the Christian Democratic Party in Germany, and their very presence there has a transforming effect

upon the philosophies and the leadership of those parties.

It is also a fact well known to all that in the United States, the AFL-CIO always vote with the

Democratic Party. But the businessmen, most of them, always vote with the Republican Party, meaning

that there is no reason at all why political parties and mass organizations should not combine, reenforce,

influence and interact with each other so that the very objectives that we set in this Constitution for

sectoral representation are achieved in a wider, more lasting, and more institutionalized way. Therefore, I

support this [Monsod-Villacorta] amendment. It installs sectoral representation as a constitutional gift, but

at the same time, it challenges the sector to rise to the majesty of being elected representatives later on


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through a party list system; and even beyond that, to become actual political parties capable of contesting

political power in the wider constitutional arena for major political parties.

x x x[32]

(Emphasis supplied)

R.A. No. 7941 provided the details for the concepts put forward by the Constitutional Commission. Section 3 of R.A. No.

7941 reads:

Definition of Terms. (a) The party-list system is a mechanism of proportional representation in the

election of representatives to the House of Representatives from national, regional and sectoral parties or

organizations or coalitions thereof registered with the Commission on Elections (COMELEC). Component

parties or organizations of a coalition may participate independently provided the coalition of which they

form part does not participate in the party-list system.

(b) A party means either a political party or a sectoral party or a coalition of parties.

(c) A political party refers to an organized group of citizens advocating an ideology or platform,

principles and policies for the general conduct of government and which, as the most immediate means of

securing their adoption, regularly nominates and supports certain of its leaders and members as candidates

for public office.

It is a national party when its constituency is spread over the geographical territory of at least a

majority of the regions. It is a regional party when its constituency is spread over the geographical territory

of at least a majority of the cities and provinces comprising the region.

(d) A sectoral party refers to an organized group of citizens belonging to any of the sectors

enumerated in Section 5 hereof whose principal advocacy pertains to the special interests and concerns of

their sector,

(e) A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share

similar physical attributes or characteristics, employment, interests or concerns.

(f) A coalition refers to an aggrupation of duly registered national, regional, sectoral parties ororganizations for political and/or election purposes.

Congress, in enacting R.A. No. 7941, put the three-seat cap to prevent any party from dominating the party-list elections.

Neither the Constitution nor R.A. No. 7941 prohibits major political parties from participating in the party-list

system. On the contrary, the framers of the Constitution clearly intended the major political parties to participate in party-

list elections through their sectoral wings. In fact, the members of the Constitutional Commission voted down, 19-22, any

permanent sectoral seats, and in the alternative the reservation of the party-list system to the sectoral groups.[33]

In defining

a party that participates in party-list elections as either a political party or a sectoral party, R.A. No. 7941 also clearly

intended that major political parties will participate in the party-list elections. Excluding the major political parties in party-

list elections is manifestly against the Constitution, the intent of the Constitutional Commission, and R.A. No. 7941. This

Court cannot engage in socio-political engineering and judicially legislate the exclusion of major political parties from the

party-list elections in patent violation of the Constitution and the law.

Read together, R.A. No. 7941 and the deliberations of the Constitutional Commission state that major political parties

are allowed to establish, or form coalitions with, sectoral organizations for electoral or political purposes. There should not

be a problem if, for example, the Liberal Party participates in the party-list election through the Kabataang Liberal ng Pilipinas

(KALIPI), its sectoral youth wing. The other major political parties can thus organize, or affiliate with, their chosen sector or

sectors. To further illustrate, the Nacionalista Party can establish a fisherfolk wing to participate in the party-list election, and

this fisherfolk wing can field its fisherfolk nominees. Kabalikat ng Malayang Pilipino (KAMPI) can do the same for the urban

poor.

The qualifications of party-list nominees are prescribed in Section 9 of R.A. No. 7941:

Qualifications of Party-List Nominees. No person shall be nominated as party-list representative

unless he is a natural born citizen of the Philippines, a registered voter, a resident of the Philippines for a

period of not less than one (1) year immediately preceding the day of the elections, able to read and

write, bona fidemember of the party or organization which he seeks to represent for at least ninety (90)

days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the

election.


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In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than

thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the

age of thirty (30) during his term shall be allowed to continue until the expiration of his term.

Under Section 9 of R.A. No. 7941, it is not necessary that the party-list organizations nominee wallow in poverty, destitution

and infirmity[34]

as there is no financial status required in the law. It is enough that the nominee of the sectoral

party/organization/coalition belongs to the marginalized and underrepresented sectors ,[35]

that is, if the nominee representsthe fisherfolk, he or she must be a fisherfolk, or if the nominee represents the senior citizens, he or she must be a senior

citizen.

Neither the Constitution nor R.A. No. 7941 mandates the filling-up of the entire 20% allocation of party-list

representatives found in the Constitution. The Constitution, in paragraph 1, Section 5 of Article VI, left the determination of

the number of the members of the House of Representatives to Congress: The House of Representatives shall be composed

of not more than two hundred and fifty members, unless otherwise fixed by law, x x x. The 20% allocation of party-list

representatives is merely a ceiling; party-list representatives cannot be more than 20% of the members of the House of

Representatives. However, we cannot allow the continued existence of a provision in the law which will systematically

prevent the constitutionally allocated 20% party-list representatives from being filled. The three-seat cap, as a limitation to

the number of seats that a qualified party-list organization may occupy, remains a valid statutory device that prevents any

party from dominating the party-list elections. Seats for party-list representatives shall thus be allocated in accordance with

the procedure used in Table 3 above.

However, by a vote of 8-7, the Court decided to continue the ruling in Veteransdisallowing major political parties from

participating in the party-list elections, directly or indirectly. Those who voted to continue disallowing major political parties

from the party-list elections joined Chief Justice Reynato S. Puno in his separate opinion. On the formula to allocate party-

list seats, the Court is unanimous in concurring with this ponencia.

WHEREFORE,we PARTIALLY GRANT the petition. We SET ASIDE the Resolution of the COMELEC dated 3 August 2007

in NBC No. 07-041 (PL) as well as the Resolution dated 9 July 2007 in NBC No. 07-60. We declare unconstitutional the two

percent threshold in the distribution of additional party-list seats. The allocation of additional seats under the Party-List

System shall be in accordance with the procedure used in Table 3 of this Decision. Major political parties are disallowed from

participating in party-list elections. This Decision is immediately executory. No pronouncement as to costs.

SO ORDERED.

banat vs. comelec, gr no. 17927, february 17, 1997

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