604 Phil. 131
CARPIO, J.:
WHEREAS, the Commission on Elections sitting en banc as 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;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 COMELEC's interpretation of the Veterans formula as found in NBC Resolution No. 07-72:
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.
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 Citizen's 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/
COALITIONVOTES
RECEIVED1 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 Election Code, Executive Order No. 144, Republic Act Nos. 6646, 7166, 7941, and other election laws, the Commission on Elections, sitting en banc as 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 Women's 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! Citizen's Action Party AKBAYAN 8 Alagad ALAGAD 9 Luzon Farmers Party BUTIL 10 Cooperative-Natco Network Party COOP-NATCCO 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)
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;Acting on BANAT's petition, the NBC promulgated NBC Resolution No. 07-88 on 3 August 2007, which reads as follows:
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 votes1 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 409,298 10 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 party" in accordance with Veterans Federation Party versus COMELEC, reiterated in Citizen's 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 seatsEqual 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 Veterans and reiterated in CIBAC is, as follows:
No. of votes of concerned party No. of additional Additional seats for
= ------------------- xseats 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 SeatBAYAN MUNA 1.65 1CIBAC 1.28 1GABRIELA 1.05 1APEC 1.05 1A TEACHER 0.83 0AKBAYAN 0.78 0ALAGAD 0.71 0BUTIL 0.69 0COOP-NATCO 0.69 0ANAKPAWIS 0.62 0ARC 0.63 0ABONO 0.57 0
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 banc sitting 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 SeatsBUHAY 2BAYAN MUNA 1CIBAC 1GABRIELA 1APEC 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]
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).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.
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:RECOMMENDATION:
- That the full number -- twenty percent (20%) -- of Party-List representatives as mandated by Section 5, Article VI of the Constitution shall be proclaimed.
- 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.
- The 3-seat limit prescribed by RA 7941 shall be applied; and
- Initially, all party-list groups shall be given the number of seats corresponding to every 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].
- 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.
The petition of BANAT is now moot and academic.
The Commission En Banc in NBC Resolution No. 07-60 promulgated July 9, 2007 re "In 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 Elections" resolved 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 COMELEC formula 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]
| 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 |
Bayan Muna, A Teacher, and Abono, on the other hand, raised the following issues in their petition:
- 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?
- Is the three-seat limit provided in Section 11(b) of RA 7941 constitutional?
- Is the two percent threshold and "qualifier" votes prescribed by the same Section 11(b) of RA 7941 constitutional?
- How shall the party-list representatives be allocated?[16]
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:
- 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:
- Violates the constitutional principle of proportional representation.
- Violates the provisions of RA 7941 particularly:
- 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.
- The use of two formulas in the allocation of additional seats, one for the "First Party" and another for the qualifying parties, violates Section 11(b) of RA 7941.
- The proportional relationships under the First Party Rule are different from those required under RA 7941;
- 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.
- 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]
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;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.
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."[19]
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 or organizations.The first paragraph of Section 11 of R.A. No. 7941 reads:
(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.
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.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.
x x x
Number of seats available to | Number of seats available to | |
legislative districts | x .20 = | party-list representatives |
________________________ | ||
.80 |
220 | x .20 = | 55 |
________________________ | ||
.80 |
Section 11. Number of Party-List Representatives. — x x xIn G.R. No. 179271, BANAT presents two interpretations through three formulas to allocate party-list representative seats.
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)
(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.Forty-four (44) party-list seats will be awarded under BANAT's first interpretation.
(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 secured the maximum three (3) seats under the 2% threshold rule, in accordance with Section 12 of RA 7941.[23]
(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 BANAT's second interpretation.
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 Party Votes Garnered Rank Party Votes Garnered 1BUHAY 1,169,234 48KALAHI 88,868 2BAYAN MUNA 979,039 49APOI 79,386 3CIBAC 755,686 50BP 78,541 4GABRIELA 621,171 51AHONBAYAN 78,424 5APEC 619,657 52BIGKIS 77,327 6A TEACHER 490,379 53PMAP 75,200 7AKBAYAN 466,112 54AKAPIN 74,686 8ALAGAD 423,149 55PBA 71,544 9COOP-NATCCO 409,883 56GRECON 62,220 10BUTIL 409,160 57BTM 60,993 11BATAS 385,810 58A SMILE 58,717 12ARC 374,288 59NELFFI 57,872 13ANAKPAWIS 370,261 60AKSA 57,012 14ABONO 339,990 61BAGO 55,846 15AMIN 338,185 62BANDILA 54,751 16AGAP 328,724 63AHON 54,522 17AN WARAY 321,503 64ASAHAN MO 51,722 18YACAP 310,889 65AGBIAG! 50,837 19FPJPM 300,923 66SPI 50,478 20UNI-MAD 245,382 67BAHANDI 46,612 21ABS 235,086 68ADD 45,624 22KAKUSA 228,999 69AMANG 43,062 23KABATAAN 228,637 70ABAY PARAK 42,282 24ABA-AKO 218,818 71BABAE KA 36,512 25ALIF 217,822 72SB 34,835 26SENIOR CITIZENS 213,058 73ASAP 34,098 27AT 197,872 74PEP 33,938 28VFP 196,266 75ABA ILONGGO 33,903 29ANAD 188,521 76VENDORS 33,691 30BANAT 177,028 77ADD-TRIBAL 32,896 31ANG KASANGGA 170,531 78ALMANA 32,255 32BANTAY 169,801 79AANGAT KA PILIPINO 29,130 33ABAKADA 166,747 80AAPS 26,271 341-UTAK 164,980 81HAPI 25,781 35TUCP 162,647 82AAWAS 22,946 36COCOFED 155,920 83SM 20,744 37AGHAM 146,032 84AG 16,916 38ANAK 141,817 85AGING PINOY 16,729 39ABANSE! PINAY 130,356 86APO 16,421 40PM 119,054 87BIYAYANG BUKID 16,241 41AVE 110,769 88ATS 14,161 42SUARA 110,732 89UMDJ 9,445 43ASSALAM 110,440 90BUKLOD FILIPINA 8,915 44DIWA 107,021 91LYPAD 8,471 45ANC 99,636 92AA-KASOSYO 8,406 46SANLAKAS 97,375 93KASAPI 6,221 47ABC 90,058TOTAL 15,950,900
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 Party Votes Garnered Votes Garnered over Total Votes for Party-List, in % Guaranteed Seat 1BUHAY 1,169,234 7.33% 1 2BAYAN MUNA 979,039 6.14% 1 3CIBAC 755,686 4.74% 1 4GABRIELA 621,171 3.89% 1 5APEC 619,657 3.88% 1 6A TEACHER 490,379 3.07% 1 7AKBAYAN 466,112 2.92% 1 8ALAGAD 423,149 2.65% 1 9COOP-NATCCO 409,883 2.57% 1 10BUTIL 409,160 2.57% 1 11BATAS[29] 385,810 2.42% 1 12ARC 374,288 2.35% 1 13ANAKPAWIS 370,261 2.32% 1 14ABONO 339,990 2.13% 1 15AMIN 338,185 2.12% 1 16AGAP 328,724 2.06% 1 17AN WARAY 321,503 2.02% 1 Total 17 18YACAP 310,889 1.95% 0 19FPJPM 300,923 1.89% 0 20UNI-MAD 245,382 1.54% 0
Table 3. Distribution of Available Party-List SeatsApplying 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).
Rank Party Votes Garnered Votes Garnered over Total Votes for Party List, in %
(A) Guaranteed Seat
(First Round)
(B) Additional Seats
(Second Round)
(C) (B) plus (C), in whole integers
(D) Applying the three seat 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. 9[31] 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. 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
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.R.A. No. 7941 provided the details for the concepts put forward by the Constitutional Commission. Section 3 of R.A. No. 7941 reads:
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 can field 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.
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 Tañada wants to run under BAYAN group and says that he represents the farmers, would he qualify?
MR. VILLACORTA. No, Senator Tañada 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 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)
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.Congress, in enacting R.A. No. 7941, put the three-seat cap to prevent any party from dominating the party-list elections.
(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 or organizations for political and/or election purposes.
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 fide member 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.Under Section 9 of R.A. No. 7941, it is not necessary that the party-list organization's 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 represents the fisherfolk, he or she must be a fisherfolk, or if the nominee represents the senior citizens, he or she must be a senior citizen.
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.
| No. of votes of | | ||
| ------------------ | | ||
| Total no. of votes | | ||
Additional seats | for party-list system | | No. of additional | |
for concerned | = | ----------------------- | x | seats allocated to |
party | No. of votes of | | the first party | |
| first party | | ||
| -------------- | | ||
| Total no. of votes | | ||
| for party list system | |
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 or organizations.This party-list provision in the Constitution intends to open the system[4] of representation by allowing different sectors, parties, organizations and coalitions to win a legislative seat. It diversifies the membership in the legislature and "gives genuine power to the people."[5] As aforesaid, the Constitution desires the people's widest representation in Congress.
(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.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least hundred fifty thousand, or each province, shall have at least one representative.
(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.[3]
Clearly, the Constitution makes the number of district representatives the determinant in arriving at the number of seats allocated for party-list lawmakers, who shall comprise "twenty per centum of the total number of representatives, including those under the party-list." We thus translate this legal provision into a mathematical formula, as follows:On the basis of this formula, the number of party-list seats is not static; it could add up to a substantial figure depending on the additional number of legislative districts which Congress may create. Thus, for instance, the ponencia states that "since the 14th Congress of the Philippines has 220 district representatives, there are 55 seats available to party-list representatives," based on the following computation:
No. of district representatives
------------------------------------ x .20 = No. of party-list representatives
.80
This formulation means that any increase in the number of district representatives, as may be provided by law, will necessarily result in a corresponding increase in the number of party-list seats.
However, with the burgeoning of the population, the steady increase in the party-list seat allotment as it keeps pace with the creation of additional legislative districts, and the foreseeable growth of party-list groups, the fixed 2% vote requirement is no longer viable. It does not adequately respond to the inevitable changes that come with time; and it is, in fact, inconsistent with the Constitution, because it prevents the fundamental law from ever being fully operative.
- to avoid a situation where the candidate will just use the party-list system as a fallback position;
- to discourage nuisance candidates or parties, who are not ready and whose chances are very low, from participating in the elections;
- to avoid the reserve seat system by opening up the system;
- to encourage the marginalized sectors to organize, work hard, and earn their seats within the system;
- to enable sectoral representatives to rise to the same majesty as that of the elected representatives in the legislative body, rather than owing to some degree their seats in the legislative body either to an outright constitutional gift or to an appointment by the President of the Philippines;
- if no threshold is imposed, this will actually proliferate political party groups and those who have not really been given by the people sufficient basis for them to represent their constituents and, in turn, they will be able to get to the Parliament through the backdoor under the name of the party-list system; and
- to ensure that only those with a more or less substantial following can be represented.[9]
must grow with the society it seeks to re-structure and march apace with the progress of the race, drawing from the vicissitudes of history the dynamism and vitality that will keep it, far from being a petrified rule, a pulsing, living law attuned to the heartbeat of the nation.[11]Thus, with respect to the fixed threshold vote of 2% in Section 11 of R.A. No. 7941, I join the Court in declaring it unconstitutional, since all enactments inconsistent with the Constitution should be invalidated.[12]
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 or organizations.It will be remembered that the petitioners in Ang Bagong Bayani sought the disqualification of the major political parties on the ground that the party-list system was intended to benefit the marginalized and underrepresented, and not the mainstream political parties, the non-marginalized or overrepresented. Rising to the occasion, the Court ruled through then Associate, later Chief Justice Panganiban, that while any duly registered political party, organization or group may participate, the role of the Comelec is to ensure that only those who are marginalized and underrepresented become members of Congress through the "Filipino-style" party-list elections. Characterizing the party-list system as a social justice vehicle, the Court batted for the empowerment of the masses, thus—
(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.[2]
It is ironic, therefore, that the marginalized and underrepresented in our midst are the majority who wallow in poverty, destitution and infirmity. It was for them that the party-list system was enacted — to give them not only genuine hope, but genuine power; to give them the opportunity to be elected and to represent the specific concerns of their constituencies; and simply to give them a direct voice in Congress and in the larger affairs of the State. In its noblest sense, the party-list system truly empowers the masses and ushers a new hope for genuine change. Verily, it invites those marginalized and underrepresented in the past — the farm hands, the fisher folk, the urban poor, even those in the underground movement — to come out and participate, as indeed many of them came out and participated during the last elections. The State cannot now disappoint and frustrate them by disabling and desecrating this social justice vehicle.Today, less than a decade after, there is an attempt to undo the democratic victory achieved by the marginalized in the political arena in Ang Bagong Bayani. In permitting the major political parties to participate in the party-list system, Mr. Justice Carpio relies on the deliberations of the Constitutional Commission. Allegedly, the said deliberations indicate that the party-list system is open to all political parties, as long as they field candidates who come from the different marginalized sectors.[3] Buttressing his view, Mr. Justice Carpio notes that the major political parties also fall within the term "political parties" in the Definition of Terms in Republic Act 7941, otherwise known as the Party-List System Act.[4] Likewise, he holds that the qualifications of a party-list nominee as prescribed in Section 9 of the said law do not specify any financial status or educational requirement, hence, it is not necessary for the party-list nominee to "wallow in poverty, destitution and infirmity."[5] It is then concluded that major political parties may now participate in the party-list system.
While it is permissible in this jurisdiction to consult the debates and proceedings of the constitutional convention in order to arrive at the reason and purpose of the resulting Constitution, resort thereto may be had only when other guides fail as said proceedings are powerless to vary the terms of the Constitution when the meaning is clear. Debates in the constitutional convention "are of value as showing the views of the individual members, and as indicating the reason for their votes, but they give us no light as to the views of the large majority who did not talk, much less of the mass or our fellow citizens whose votes at the polls gave that instrument the force of fundamental law. We think it safer to construe the constitution from what appears upon its face.[6]Everybody agrees that the best way to interpret the Constitution is to harmonize the whole instrument, its every section and clause. [7] We should strive to make every word of the fundamental law operative and avoid rendering some words idle and nugatory.[8] The harmonization of Article VI, Section 5 with related constitutional provisions will better reveal the intent of the people as regards the party-list system. Thus, under Section 7 of the Transitory Provisions,[9] the President was permitted to fill by appointment the seats reserved for sectoral representation under the party-list system from a list of nominees submitted by the respective sectors. This was the result of historical precedents that saw how the elected Members of the interim Batasang Pambansa and the regular Batasang Pambansa tried to torpedo sectoral representation and delay the seating of sectoral representatives on the ground that they could not rise to the same levelled status of dignity as those elected by the people.[10] To avoid this bias against sectoral representatives, the President was given all the leeway to "break new ground and precisely plant the seeds for sectoral representation so that the sectoral representatives will take roots and be part and parcel exactly of the process of drafting the law which will stipulate and provide for the concept of sectoral representation."[11] Similarly, limiting the party-list system to the marginalized and excluding the major political parties from participating in the election of their representatives is aligned with the constitutional mandate to "reduce social, economic, and political inequalities, and remove cultural inequalities by equitably diffusing wealth and political power for the common good";[12] the right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making;[13] the right of women to opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation;[14] the right of labor to participate in policy and decision-making processes affecting their rights and benefits in keeping with its role as a primary social economic force;[15] the right of teachers to professional advancement;[16] the rights of indigenous cultural communities to the consideration of their cultures, traditions and institutions in the formulation of national plans and policies,[17] and the indispensable role of the private sector in the national economy.[18]