which the results thereof shall be certified and proclaimed by theCommission on Elections.
Effectivity of Local Propositions
If the proposition is approvedby a majority of the votes cast, it shall take effect fifteen (15) days aftercertification by the Commission as if affirmative action thereon had beenmade by the local legislative body and local executive concerned. If it fails toobtain said number of votes, the proposition is considered defeated.
Limitations on Local Initiatives
(a) The power of localinitiative shall not be exercised more than once a year.(b) Initiative shall extend only to subjects or matters which arewithin the legal powers of the local legislative bodies to enact.(c) If at any time before the initiative is held, the local legislativebody shall adopt in toto the proposition presented, the initiativeshall be cancelled. However, those against such action may, if they so desire, apply for initiative in the manner herein provided.
Limitations Upon Local Legislative Bodies
Any proposition orordinance or resolution approved through the system of initiative andreferendum as herein provided shall not be repealed, modified or amended,by the local legislative body concerned within six (6) months from the datetherefrom, and may be amended, modified or repealed by the locallegislative body within three (3) years thereafter by a vote of three-fourths(3/4) of all its members: Provided, however, that in case of barangays, theperiod shall be one (1) year after the expiration of the first six (6) months.
Notwithstanding the provisions of Section4 hereof, any local legislative body may submit to the registered voters of autonomous region, provinces, cities, municipalities and barangays for theapproval or rejection, any ordinance or resolution duly enacted or approved.Said referendum shall be held under the control and direction of theCommission within sixty (60) days in case of provinces and cities, forty-five(45) days in case of municipalities and thirty (30) days in case of barangays.The Commission shall certify and proclaim the results of the said referendum.
Authority of Courts
Nothing in this Act shall prevent orpreclude the proper courts from declaring null and void any propositionapproved pursuant to this Act for violation of the Constitution or want of capacity of the local legislative body to enact the said measure.
Applicability of the Omnibus Election Code
The OmnibusElection Code and other election laws, not inconsistent with the provisions of this Act, shall apply to all initiatives and referenda.
Rules and Regulations
The Commission is hereby empoweredto promulgate such rules and regulations as may be necessary to carry outthe purposes of this Act.
The amount necessary to defray the cost of the initial implementation of this Act shall be charged against the ContingentFund in the General Appropriations Act of the current year. Thereafter, suchsums as may be necessary for the full implementation of this Act shall beincluded in the annual General Appropriations Act.
If any part or provision of this Act is heldinvalid or unconstitutional, the other parts or provisions thereof shall remainvalid and effective.
This Act shall take effect fifteen (15) days after itspublication in a newspaper of general circulation.Approved:
August 4, 1989
REPUBLIC ACT No. 7941
AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVESTHROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDSTHEREFOR
This Act shall be known as the "Party-List System Act."
Declaration of part y.
The State shall promote proportionalrepresentation in the election of representatives to the House of Representatives through a party-list system of registered national, regionaland sectoral parties or organizations or coalitions thereof, which will enableFilipino citizens belonging to marginalized and under-represented sectors,organizations and parties, and who lack well-defined political constituenciesbut who could contribute to the formulation and enactment of appropriatelegislation that will benefit the nation as a whole, to become members of theHouse of Representatives. Towards this end, the State shall develop andguarantee a full, free and open party system in order to attain the broadcastpossible representation of party, sectoral or group interests in the House of Representatives by enhancing their chances to compete for and win seats inthe legislature, and shall provide the simplest scheme possible.
Definition of Terms.
(a) The party-list system is a mechanism of proportional representation in the election of representatives to the Houseof Representatives from national, regional and sectoral parties ororganizations or coalitions thereof registered with the Commission onElections (COMELEC). Component parties or organizations of a coalition mayparticipate independently provided the coalition of which they form partdoes not participate in the party-list system.(b) A party means either a political party or a sectoral party or acoalition of parties.(c) A political party refers to an organized group of citizensadvocating an ideology or platform, principles and policies for thegeneral conduct of government and which, as the mostimmediate means of securing their adoption, regularly nominatesand supports certain of its leaders and members as candidates forpublic office.It is a national party when its constituency is spread over thegeographical territory of at least a majority of the regions. It is aregional party when its constituency is spread over thegeographical territory of at least a majority of the cities andprovinces comprising the region.(d) A sectoral party refers to an organized group of citizensbelonging to any of the sectors enumerated in Section 5 hereof whose principal advocacy pertains to the special interest andconcerns of their sector,(e) A sectoral organization refers to a group of citizens or acoalition of groups of citizens who share similar physical attributesor characteristics, employment, interests or concerns.(f) A coalition refers to an aggrupation of duly registered national,regional, sectoral parties or organizations for political and/orelection purposes.
Manifestation to Participate in the Party-List System.
Any party,organization, or coalition already registered with the Commission need notregister anew. However, such party, organization, or coalition shall file withthe Commission, not later than ninety (90) days before the election, amanifestation of its desire to participate in the party-list system.