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. (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 two 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. I. Kinds of Representatives District representativeselected by districts Sec 5(1) CASE: Macias v. COMELEC The underlying principle behind this rule of apportionment is the concept of equality of representation, which is the basic principle of republicanism. Party Representatives (Permanent Proportional Regime) elected by party-list system Sec 5(1)/ RA 7941 Sectoral Representative (Temporary Regime)extinct; lasted only for three consecutive terms after the ratification of the Constitution. Sec 5(2) II. House Membership/Reapportionment/ Apportionment Membership Membership of the House of Representative is fixed at 250, BUT may be raised form time-to-time by statute following the clause unless otherwise fixed by law. Raising the membership of the House may be do by reapportionment Reapportionment results in the creation of new districts or through the creation of new provinces. This must be done by

Congress within 3 years after the return of the census in order to ensure that proportional representation is preserved. Reason Sec 5 (3): Reapportionment merits/creates (1) legislative body. Each province is entitled to at least one district or The creation of new provinces since 1 province entitled to 1 district or The creation of new cities CASE: Tobias v. Abalos / Mariano, Jr. V. COMELEC San Juan & Mandaluyong being recognized as separate legislative districts. The incidental effect of converting a municipality of a congressional district into a city large enough to have its own legislative district is the splitting of a district into two (2). Moreover, this incidental effect is deemed implicitly contained in the title announcing the creation of the new city thus satisfying the requirement that the content if the bill be announced in the title. CASE: Montejo v. COMELEC Imbalances in the remaining legislative districts of the mother provinces cannot be corrected by the COMELEC as it has no authority to do so. Correction of the imbalance must await the enactment of a reapportionment law. Apportionment Rules in dividing provinces, cities and the Metropolitan Manila Areas Sec 5 (1): Apportionment in accordance with their number of inhabitants and on the basis of a uniform and progressive ratio Sec 5(2): Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory (Prohibits gerrymanderingcreation of representative districts out of separate portions of territory in orer to favor a candidate. Sec 5 (3): Each city or province with a population of at least 250,000 is entitled to have at least one representative. EXCEPTION to PROPORTIONAL REPRESENTATION RULE: A province is always entitled to one representative no matter what its population size. SEC 5(4): Reapportionment of legislative districts within 3 years following the return of the census. Allows for correction of imbalances in representation due to the increase in population. CASE: Tobias v. Abalos (see notes on Reapportionment) CASE: Sema vs. COMELEC: Only Congress can create provinces and cities because their creation necessarily includes the creation of legislative districts, which is a power solely exercised by Congress. III. Party-list System (RA 7941) Party-list seats= 20% of total number of representatives including those under the party list 2% threshold requirement to qualify for representation 3-limit seat

 Additional seats in proportion to their total number of votes. CASE: Veterans Federation Party v. COMELEC Inviolable parameters of RA7941 (1) 20% allocation (2) 2% threshold to qualify (3) 3-limit seat (4) proportional representation. Questioned the constitutionality of the 2% threshold and 3-limit seat requirement According to Art6 Sec 5, Congress is vested with the broad power to define and prescribe the mechanics of the party-list system of representation. 20% prescription is merely a maximum limit to the number of partylist representatives but the maximum need not be filled. 2% threshold is to ensure that only parties, coalitions, and organizations having a sufficient number of constituents deserving for representation were actually represented in Congress. CASE: Ang Bagong Bayani, et. al V. COMELEC (CONTROVERSIAL) SC ruled that associations are not allowed to participate indiscriminately in the part-list system. Participation is limited to parties or organizations representing the marginalized and underprivileged. SC laid down guidelines for COMELEC to apply in deciding which organizations are qualified. Parties and organizations must represent the marginalized and underrepresented sector Political parties may join provided that they fit the aforementioned requirement. Nominees must comply with the qualitative requirement. SC saw the party-list system not as a proportional system of representation designed to strengthen democracy but a sectoral representation meant to promote social justice, which is contrary to the intent of the Constitutional Commissioners. Consti Commisisons meant to reserve 25 seats for the marginalized sectors for the 1st 3 terms after the ratification of the Constitution only. However, SC still ruled that all 50 seats are reserved for the marginalized sector and not just for 3 consecutive terms but forever and that partylist nominees must represent marginalized and underrepresented sectors.--- departure form the Constitution and RA 7941 CASE: Banat v. COMELEC Revisited the (4) inviolable parameters of RA7941, but made special attention to mathematical interpretation of the term proportional representation

 The application of the 2% threshold in relation to the distribution of the additional seats was strike down because such application would not allow all the seats for the party-list to be filled. It also discussed that political parties are allowed to run under the party-list system provided that they field sectoral candidates. Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twentyfive years of age, able to read and write, and, except the partylist representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. Requirements for District/ Party-list/ Sectoral Representatives: Natural-Born Citizens Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship (Art 4 Sec 2) Those born before January 17, 1973 of Filipino mothers who elect Philippine citizenship upon reaching the age of majority (Art 4 Sec1 (3)) CASE: Bengzon v. Cruz: Natural born citizens who lose their citizenship by naturalization in another country, but is latter repatriated recovers natural-born citizen status At least 25 years old on the day of elections Able to read and write A registered voter in the district where he is to be elected (except for patry-list representatives as they do not represent a district) A resident thereof for a period of not less than one year immediately preceding the day of elections. Residencea place of a bode, whether permanent or temporary Domicilea permanent residence to which one, when absent, has the intention to return. CASE: Gallego vs. Verra It is the intent of the law in fixing a residence qualification is to exclude a stranger or newcomer, unacquainted with the conditions and needs of the community and not identified with the latter, from an elective office to serve the community. In order to acquire domicile by choice the following must concur: Residence or bodily presence in the new locality An intention to remain there indefinitely (animus manendi) An interntion to abandon the old domicile voluntarily (animus non reverendi) CASE: Romualdez-Marcos v. COMELEC

If a person retains his domicile of origin, then the one-year period is irrelevant because by legal fiction, wherever he may be, he is a resident of his domicile of origin.When Ferdinand Marcos died, Imeldas domicile reverts back to domicile of origin. Thus, she is qualified to run in Leyte. CASE: Aquino v. COMELEC SC viewed that wither domicile or residence would suffice provided that the one year physical presence is satisfied. CASE: Domino v. COMELEC A bona fide intention of abandoning the former place of residence and establishing a new one and definite acts which correspond with the purpose. There must be animus manendi coupled with animus non reverendi. CASE: Social Justice Society v. Dangerous Drugs Board The requirements of Sec. 6 are exclusive; Congress cannot add anything to it. Mandatory drug testing for national officials is unconstitutional.

Sections 5-7. HOUSE OF REPRESENTATIVES Composition: 1. Not more than 25 members, unless otherwise fixed by law; and 2. Party-list Representatives Election of 250 members 1. They shall be elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area. 2. Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio. a. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory; b. Each city with at least 250,000 inhabitants will be entitled to at least one representative. c. Each province will have at least one representative. d. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census. According to Jack, however, while the apportionment of districts is NOT a political question, the judiciary CANNOT compel Congress to do this. e. The standards used to determine the apportionment of legislative districts is meant to prevent gerrymandering, which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party. Qualifications 1. 2. 3. 4. 5. Natural born citizen of the Philippines; At least 25 years old on the day of the election; Able to read and write; Registered voter in the district he seeks to represent; and A resident of such district for at least one year immediately preceding the day of the election.

Term of Office 1. Each member of the House shall be elected for a term of three (3) years which shall commence (unless otherwise provided for by law) at noon on 30 June next following their election. 2. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Term Limitations No member of the House of Representatives shall serve for more than three (3) consecutive terms. Distinctions between Term and Tenure

1. Definition a. Terms means the period during which the elected officer is legally authorized to assume his office and exercise the powers thereof. b. Tenure is the actual period during which such officer actually holds his position. 2. Limitation/Possible Reduction a. Term CANNOT be reduced. b. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office automatically vacated when the holder thereof files a certificate of candidacy for another elective office (except President and Vice-President) is valid, as it only affects the officers tenure and NOT his constitutional term. Party-List Representatives 1. Constitute 20% of the total number of representatives, including those under the party-list system (thus a maximum of 50 party-list members of the House) 2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise provides. 3. Mechanics of the party-list system: a. Registered organizations submit a list of candidates in order of priority. b. During the elections, these organizations are voted for at large. c. The number of seats that each organization gets out of the 20% allotted to the system depends on the number of votes they get. 4. Qualifications a. Natural born citizen of the Philippines b. At least 25 years of age on the day of the election c. Able to read and write