partylist system in the philippines

8/12/2019 Partylist System in The Philippines

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POLITICAL PARTY; PARTY-LIST ORGANIZATION

1) DEFINITION

Party: means either a political party or a sectoral party or a coalition of parties

Political Party refers to an organized group of citizens advocating an ideology orplatform, principles and policies for the general conduct of government and which, as

the most immediate means of securing their adoption, regularly nominates andsupports certain of its leaders and members as candidates for public ofce. 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.

Sctoral Party refers to an organized group of citizens belonging to any of thesectors enumerated in Section 5 hereof whose principal advocacy pertains to the

special interest and concerns of their sector.

Sctoral Or!a"i#atio" refers to a group of citizens or a coalition of groups of citizenswho share similar physical attributes or characteristics, employment, interests or

concerns.

Coalitio" refers to an aggrupation of duly registered national, regional, sectoralparties or organizations for political and/or election purposes

! GRO$PS %&IC& CANNOT 'E REGISTERED AS POLITICAL PARTIES

Gro(* +,ic, ca""ot r!i*tr. a* olitical arti* /Sc0 2 R0A0 3451):". Rli!io(* ."o6i"atio"* or *ct*;

. T,o* +,o *7 to ac,i8 t,ir !oal* t,ro(!,violence or unlawful means#$. %hose who refuse to uphold and adhere to the &onstitution# and

'. %hose supported by foreign governments.

) GRO$PS FOR CANCELLATION OF REGISTRATION

/RAF- S9- $CF) (Sec. ), *+ -'"!

". It is a religious sect or denomination,organization or association, organized for

religious purposes#. It advocates violence or unlawful means to see its goal#

$. It is a oreign party or organization#

'. It is receiving *upport from any foreign government, foreign political party,foundation, organization, whether directly or through any of its ofcers or

members or indirectly through third parties for partisan election purposes#

5. It8iolates or fails to comply with laws, rules or regulations relating to elections#

). It declares (ntruthful statements in its petition#

. It has ceased to e0ist for at least one ("! year# or


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1. It ails to participate in the last two (! preceding elections or fails to obtain atleast two per centum (2! of the votes cast under the party3list system in the

two (! preceding elections for the constituency in which it has registered

5) REGISTRATION; ANIFESTATION TO PARTICIPATE IN T&E PARTY-LIST

A"y or!a"i#. !ro( o r*o"* 6ay r!i*tr a* a arty2 or!a"i#atio" or coalitio"or (ro** o t, arty-li*t *y*t6 y 2 R0A0 3451).

4o votes cast in favor of political party, organization or coalition shall be valid e0cept

for those registered under the

party3list system (Sec. , +rt. I3&, "-1 &onstitution!.

6urposes". %o ac7uire juridical personality#

. %o entitle it to rights and privileges granted to political parties# and

$. %o participate in the party3list system.

>) REF$SAL AND OR CANCELLATION OF REGISTRATION

Co"*tit(tio"al Pro8i*io": %he party3list representatives shall constitutetwenty per centum of the total number of representatives including those under the

party list (Sec. 5 (!, +rt. 8I!.

T, Party Li*t Sy*t6 9 It is a mechanism of proportional representation in theelection of representatives to the :ouse of *epresentatives, from national, regional

and sectoral parties, organizations and coalitions thereof registered with the&;=&. %he 6arty3list system was devised to replace the reserve seat system 9 the

very essence of the party 9 list system is representation by election (8eterans

?ederation 6arty v. &;=&!.

No6i"atio" o Party-Li*t Rr*"tati8*: =ach registered party, organization orcoalition shall submit to the &;=& not later than forty3ve ('5! days before the

election a list of names, not less than ve (5!, from which party3list representatives

shall be chosen in case it obtains the re7uired number of votes.@ + person may be nominated in one ("! list only

@ ;nly persons who have given their consent in writing may be named in the list.@ %he list shall not include any candidate for any elective ofce or a person who has

lost his bid for an elective ofce in the immediately preceding election.

@ 4o change of names or alteration of the order of nominees shall be allowed after

the same shall have been submitted to the &;=& e0cept

". 4ominee dies or


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. Aithdraws in writing his nomination,$. Becomes incapacitated in which case the name of the substitute nominee

shall be placed last in the list.

I"c(6"t *ctoral rr*"tati8* i" t, &o(* o Rr*"tati8* +,o ar

"o6i"at. i" t, arty-li*t *y*t6 *,all "ot co"*i.r. r*i!". /Sctio" ?2

R0A0 3@51)0

3) $ALIFICATION

(ali


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receiving at least two percent of the total party3list votes.

$. Proortio"al rr*"tatio": %he additional seats, that is, the remaining seatsafter allocation of the guaranteed seats, shall be distributed to the party3list

organizations including those that received less than two percent of the total votes.

'. T, t,r-*at ca. =ach 7ualied party, regardless of the number of votes itactually obtained, is entitled only to a ma0imum of $ seats.

@ %he formula in the allocation of party3list seat pronounced in 8eterans ?ederation

6arty v. &;=& (E* 4o. "$)1", ;ctober ), CCC! has thus been modied.

@ %he continued operation of the two percent threshold as it applies to the allocation

of the additional seats is now unconstitutional because this threshold mathematically

and physically prevents the lling up of the available party3list seats. %he additional

seats shall be distributed to the parties in a second round of seat allocation (Barangay

+ssociation for 4ational +dvancement and %ransparency (B+4+%! v. &;=&, E.*.

4o. "-", +pril ", CC-!.

@ %he three seat cap is not a violation of the &onstitution because the "-1

&onstitution does not re7uire absolute proportionality for the party3 list system.

T, G(i.li"* or .tr6i"i"! +,t,r Party-Li*t Gro(* ,a8 co6li. +it, t,

r(ir6"t* o La+ (+ng Bagong Bayani3;?A >abor 6arty v. &;=&!". %he political party, sector, organization or coalition must represent the

marginalized and the underrepresented groups identied in Sec. 5 of *+ -'".


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and underrepresented sectors, so also must its nominees#

1. Ahile lacing a well3dened political constituency, the nominee must liewise beable to contribute to the formation and enactment of appropriate legislation that

will benet the nation as a whole.

partylist system in the philippines

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