549 Phil. 76
VELASCO, JR., J.:
Additional Seats = | Votes Cast for Qualified Party | x Allotted Seats |
Votes Cast for First Party for First Party[9] |
"On 01 May 2004, Commissioner Mehol K. Sadain, then CIC on Party-List Concerns, acting on queries from several party-list candidates regarding the formula to be used by the Commission in determining the additional seats for party list winners in the 10 May 2004 elections, issued a memorandum on the matter to the Commission en-banc. As a result, on the [sic] 08 May 2004, the Commission en banc promulgated Resolution No. 6835 (Annex "A") the resolutory portion of which reads" "RESOLVES, to adopt the simplified formula of one additional seat per additional two percent (underscoring supplied) of the total party-list votes in the proclamation of the party-list winners in the coming 10 May 2004 National and Local Elections."
The Party List Canvass Report No. 22 of the National Board of Canvassers, (Annex "B") shows that CIBAC, BUTIL and PM have the following percentage of total votes garnered:
CIBAC - 3.8638 BUTIL - 3.3479 PM - 3.4947
Following the simplified formula of the Commission, after the first 2% is deducted from the percentage of votes of the above-named party-lists, they are no longer entitled to an additional seat. It is worth mentioning that the Commission, consistent with its formula, denied the petition for a seat of ABA-AKO and ANAD after garnering a percentage of votes of 1.9900 and 1.9099 respectively.
For consideration."
Considering the foregoing, the Commission RESOLVED, as it hereby RESOLVES, to adopt the recommendation of the Supervisory Committee to deny the foregoing Motion of CIBAC, BUTIL and PM party-lists for proclamation of second nominees, following the simplified formula of the Commission on the matter per Comelec Resolution No. 6835 promulgated 08 May 2004.
In gist, the core issue is whether or not the COMELEC gravely abused its discretion when it denied petitioner CIBAC an additional seat in the House of Representatives under the party-list system by using the simplified formula instead of the claimed Ang Bagong Bayani and Bayan Muna formula.A. WHETHER OR NOT THE COMMISSION ON ELECTIONS, IN ADOPTING THE SIMPLIFIED FORMULA OF ONE ADDITIONAL SEAT PER ADDITIONAL TWO PERCENT OF THE TOTAL PARTY-LIST VOTES IN THE PROCLAMATION OF THE PARTY-LIST WINNERS IN THE MAY 10, 2004 NATIONAL AND LOCAL ELECTION, THUS, ADJUDGING THE PETITIONER HEREIN AS ENTITLED ONLY TO ONE (1) SEAT, ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION.
B.
WHETHER OR NOT PETITIONER CIBAC, AND OTHER PARTY-LIST GROUPS SIMILARLY SITUATED, ARE ENTITLED TO ONE (1) ADDITIONAL SEAT BASED ON THE FORMULA CRAFTED BY THE SUPREME COURT IN THE CASES OF ANG BAGONG BAYANI AND BAYAN MUNA.[12]
Lastly, petitioner faults the COMELEC for its failure to act on and so dismiss the petitions for disqualification filed by the other party-list groups which could have enabled the COMELEC to "make an accurate determination of the votes that each party-list group has actually obtained." It therefore asks the Court to set aside the assailed COMELEC Resolution No. 06-0248; and direct the COMELEC to declare CIBAC as entitled to one (1) additional seat and to immediately proclaim Ma. Blanca Kim Bernardo-Lokin, its second nominee, as member of the House of Representatives.
Additional seats = 495,193 x 3 = 1.2345 1,203,305
Declaration of Policy.—The State shall promote proportional representation in the election of representatives to the House of Representatives through a party-list system of registered national, regional and sectoral parties or organizations or coalitions thereof, which will enable Filipino citizens belonging to the marginalized and underrepresented sectors, organizations and parties, and who lack well-defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. Towards this end, the State shall develop and guarantee a full, free and open party system in order to attain the broadest possible representation of party, sectoral or group interests in the House of Representatives by enhancing their chances to compete for and win seats in the legislature, and shall provide the simplest scheme possible. (Emphasis supplied.)In determining the number of seats a party-list is entitled to, Sec. 11 prescribes that:
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 (emphasis supplied).The Court, in the leading case of Veterans, listed the four (4) inviolable parameters to determine the winners in a Philippine-style party-list election mandated by the Constitution and R.A. 7941, as follows:
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.In determining the number of additional seats for each party-list that has met the 2% threshold, "proportional representation" is the touchstone to ascertain entitlement to extra seats.
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 "qualifying" and two additional seats.
Fourth, proportional representation—the additional seats which a qualified party is entitled to shall be computed "in proportion to their total number of votes."[13] (Emphasis supplied.)
[H]ow do we determine the number of seats the first party is entitled to? The only basis given by the law is that a party receiving at least two percent of the total votes shall be entitled to one seat. Proportionally, if the first party were to receive twice the number of votes of the second party, it should be entitled to twice the latter's number of seats and so on. The formula, therefore, for computing the number of seats to which the first party is entitled is as follows:On June 25, 2003, the formula was put to test in Ang Bagong Bayani and Bayan Muna. In determining the additional seats for the other qualified parties—BUHAY, AMIN, ABA, COCOFED, PM, SANLAKAS, and ABANSE! PINAY—the following computation was made:
Number of votes of first party = Proportion of votes of first party relative to total votes for party-list system Total votes for party-list system
If the proportion of votes received by the first party without rounding it off is equal to at least six percent of the total valid votes cast for all the party list groups, then the first party shall be entitled to two additional seats or a total of three seats overall. If the proportion of votes without a rounding off is equal to or greater than four percent, but less than six percent, then the first party shall have one additional or a total of two seats. And if the proportion is less than four percent, then the first party shall not be entitled to any additional seat.
We adopted the six percent bench mark, because the first party is not always entitled to the maximum number of additional seats. Likewise, it would prevent the allotment of more than the total number of available seats, such as in an extreme case wherein 18 or more parties tie for the highest rank and are thus entitled to three seats each. In such scenario, the number of seats to which all the parties are entitled may exceed the maximum number of party-list seats reserved in the House of Representatives.
x x x x
Formula for Additional Seats of Other Qualified Parties
The next step is to solve for the number of additional seats that the other qualified parties are entitled to, based on proportional representation. x x x
x x x x
In simplified form, it is written as follows:
Additional seats for concerned party
= No. of votes of concerned party x No. of additional seats allocated to the first party (Emphasis supplied.) No. of votes of first party
x x x x
The above formula does not give an exact mathematical representation of the number of additional seats to be awarded since, in order to be entitled to one additional seat, an exact whole number is necessary. In fact, most of the actual mathematical proportions are not whole numbers and are not rounded off for the reasons explained earlier. To repeat, rounding off may result in the awarding of a number of seats in excess of that provided by the law. Furthermore, obtaining absolute proportional representation is restricted by the three-seat-per-party limit to a maximum of two additional slots. An increase in the maximum number of additional representatives a party may be entitled to would result in a more accurate proportional representation. But the law itself has set the limit: only two additional seats. Hence, we need to work within such extant parameter.[14] (Emphasis supplied.)
Applying the relevant formula in Veterans to BUHAY, we arrive at 0.51:From a scrutiny of the Veterans and Ang Bagong Bayani and Bayan Muna formulae in determining the additional seats for party-list representatives, it is readily apparent that the Veterans formula is materially different from the one used in Ang Bagong Bayani and Bayan Muna. In Veterans, the multiplier used was "the [number] of additional seats allocated to the first party,:" while in the Ang Bagong Bayani and Bayan Muna formula, the multiplier "allotted seats for first party" was applied. The dissimilarity in the multiplier used spells out a big difference in the outcome of the equation. This divergence on the multiplier was pointed out and stressed by respondent COMELEC. Nevertheless, petitioner insists that the correct multiplier is the ALLOTTED seats for the first party referring to the three (3) seats won by Bayan Muna which emerged as the winning first party, as allegedly prescribed in Ang Bagong Bayani and Bayan Muna. On this issue, petitioner ratiocinates this way:
Additional Seats = Votes Cast for Qualified Party x Alloted Seats for First Party Votes Cast for First Party = 290,760 x 3 1,708,253 = 0.51
Since 0.51 is less than one, BUHAY is not entitled to any additional seat.[15]
It cannot be emphasized enough that the formula in the Ang Bagong Bayani and Bayan Muna cases rendered in 2003, effectively modified the earlier Veterans formula, with the clear and explicit use of the "allotted seats for the first party". Considering that the first party, Bayan Muna, was allotted to the maximum three (3) seats under the law, it is therefore clear that the multiplier to be used is three (3), the allotted seats for the first party.[16]However, this postulation is bereft of merit and basis.
Applying the relevant formula in Veterans to BUHAY, we arrive at 0.51:
Additional Seats | = | Votes Cast for Qualified Party | x | Allotted Seats for First Party |
Votes Cast for First Party | ||||
| | | | |
| = | 290,760 | x | 3 |
| | 1,708,253 | | |
| | | | |
| = | 0.51 | | |
No. of votes of concerned party | x | No. of additional seats allocated to the first party(Emphasis supplied.) | = | Additional Seats for concerned party |
No. of votes of first party |
495,190 | x | 2 | | |
0.41152493 | x | 2 | = | 0.82304986 |
Additional Seats = | Votes Cast for Qualified Party | x | Allotted Seats for First Party |
| Votes Cast for First Party |
Additional seats = | 495,190 | x | 3 | = 1.2345 |
| 1,203,305 |