REPUBLIC ACT NO.

7941:
An Act providing for the Election of Party-list representatives through the party-list system, and appropriating funds
therefor
The Party-List System Act
Purpose
To promote proportional representation in the election of representatives to the House of Representatives
To enable the Filipino citizens belonging to the marginalized & under-represented sectors, organizations,
parties who lack well-defined political constituencies but who could contribute the formulation &
enactment of appropriate legislation that will benefit the nation as a whole
Purpose achieved through the membership of these party-lists in the House of Representatives
Terms
Party-list system mechanism of proportional representation in the election of representatives to the
House of Representatives registered with the Comelec.
Party may be :
o Political Party organized group of citizens advocating an ideology or platform, principles and
policies for the general conduct of the government; regularly nominates and supports certain of
its leaders and members as candidates for public office
National Party - constituency is spread over the geographical territory of at least
majority of the regions
Regional Party constituency is spread over the geographical territory of at least a
majority of the cities and provinces comprising the regions
o Sectoral Party - an organized group of citizens belonging to any of the sectors mentioned in Sec.
5 ; principal advocacy pertains to special interest and concerns of their sector
Sectors (in Sec. 5): labor, fisherfolk laborer, indigenous community, elderly, women,
youth, overseas workers, handicapped, veterans, and professionals
Sectoral Organization refers to a group of citizens or coaltion of groups of citizens who
share a similar physical attributes, character, employment, interest or concerns
o Coalition aggrupation of duly registered national, regional, sectoral or organizations for political
and or electoral purposes
Manifestation to Participate
Must file to the Comelec not later than 90 days before an election
o Include the petition signed by the president or secretary
o Attach the Constitution, by-laws, platforms, programs, list of officers, coalition agreement and
other information Comelec may require
If already registered, no need to register anew.
Duty of the Comelec
Publish in at least 2 national newspapers of general circulation
Resolve petitions within 15 days from the date of submission but not later than 60 days before the
election
Prepare the certified list not later than 60 days before the election
Distribute copies of the list to all precints for posting
Grounds for refusal and cancellation of registration
1. Religious Sect or denomination for religious purposes
2. Advocates of violence or unlawful means to seek its goal
3. Foreign party or organization
4. Receives support from foreign organizations
5. Declares untruthful and deceitful statements
6. Failed to comply with the laws and rules regulating the election
7. Ceased to exist for at least 1 year
8. Failed to participate in the last 2 preceding elections or fails to obtain 2% of the vote in the past 2
elections
Nomination of Party-list Representative

Written & Oral Report by: Julienne Therese V. Salvacion 1M 1

 A list of not less than 5 nominees shall be submitted
A person may be nominated only in one party-list only those who gave their consent in writing
Shall not include candidates running for office
Change of names is not allowable unless: death, withdrawal in writing , and becomes incapacitated
Qualifications
A natural-born citizen of the Philippines
Registered vote
Resident of the Philippines for not less than 1 year preceding the day of the election
Able to read and write
Bona fide member of party-list
At least 25 years old ; if represents a youth party-list, must be 25-30 years old. If he attains 30 years old in
his term, he will be allowed to finish his term.
Number of Party-list representatives
20% of the total number of seats in the House of representatives is devoted to party-list elections
A maximum of 3 seats shall be given to each qualifying party-list
Determination of the Number of Seats
Party-lists will be ranked from highest to lowest
Those receiving 2% of the total votes will be entitled to one seat each
Those receiving more than 2% shall be entitled to additional seats in proportion to their total number of
votes
Term of Office
A term of 3 years
No one shall serve for 3 consecutive terms
If a representative wishes to change his affiliation, he shall withdraw from his current party-list and is not
allowed to run for the next election
In cases of vacancy, the next person in the list shall be elected. If the list has been exhausted, a new list
shall be submitted.
A party-list representative is entitled to the same salaries and endowments as a regular member of the
House of Representative

Written & Oral Report by: Julienne Therese V. Salvacion 1M 2

 BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND TRANSAPARENCY (BANAT) vs.
COMMISSION ON ELECTIONS (sitting as National Board of Canvassers)
G.R. No. 179271
FACTS:
June 27, 2002
BANAT filed a petition to proclaim the full number of party-list representatives provided by the Comelec
May 14, 2007
2007 elections
Comelec declared a total of 15,950,900 votes for the party-list representatives for 93 party-lists
July 9, 2007
National Board of Canvassers Resolution No. 07 60 was issued and partially proclaimed the party-list
winners
NBC Resolution NO. 07-72 was also released and declared the seat allocation . 13 parties qualified based
on th 2% threshold from 334,462 votes
Each qualifying party is guaranteed one seat.
The Veterans Formula was used to determine the number of seats:
Formula for the Additional Seats of the 1st party:

Number of Additional Seats based on the % :

If proportion is greater than or equal to 6% Additional 2 seats

If proportion greater than or equal to 4% but less Additional 1 seat

than 6%

If proportion is less than 4% No additional seat

Additional Seats for the other qualifying parties:

Qualifying Parties and their Additional Seats:

Qualifying Partylist % Additional Seats
1 BUHAY 7.2% 2
2 BAYAN MUNA 1.65% 1
3 CIBAC 1.28% 1
4 GABRIELA 1.05% 1
5 APEC 1.05% 1
6 A TEACHER 0.83% 0

7 AKBAYAN 0.78% 0
8 ALAGAD 0.71% 0
9 BUTIL 0.69% 0

Written & Oral Report by: Julienne Therese V. Salvacion 1M 3

10 COOP-NATCCO 0.69% 0
11 ANAKPAWIS 0.62% 0
12 ARC 0.63% 0
13 ABONO 0.57% 0

Bayan Muna, Abono, and A Teacher asked the Comelec to reconsider the Veterans formula as they deem it
is violative of the Constitution and RA 7941.
August 3, 2007
NBC acted on the Petition of BANAT and promulgated NBC Res. No. 07-88.
NBC Res. No. 07-88
o Declared the full number of the list
o Atty. Dalaig Head of NBC Legal Group commented on the issues of BANAT
Banat prayed for the following reliefs:
o The full number of 20% in Section 5 of Article VI of the Constitution shall be proclaimed
o Section 11(b)of RA 7941 : prescribes the 2% threshold vote and harmonized with Section 5 of
Article VI of the Constitution be applicable to the first party
o 3-seat cap limit be applied
o Additional seats shall be given in accordance with Sec. 12 of rA 7941
o In alternative, declare Sec 11(B) of RA 7941 unconstitutional and Sec. 12 of RA 7941 should be
followed
April 22, 2008
The Court declared the issues

ISSUES:
1. Whether or not the 20% allocation for party-list is mandatory or merely a ceiling
2. Constitutionality of the three-seat limit
3. Constitutionality of the 2% threshold to qualify a seat
4. How shall the party-list representatives be allocated?
5. Does he Constitution prohibit the major political parties from participating in party-list elections?

HELD & RATIO: The court ruled that these petitions have partial merit.
20%: MANDATORY OR CEILING?
Neither the Constitution nor RA 7941 mandates filling up the 20% allocation
It is merely a ceiling.
55 seats in total
CONSTITUTIONALITY OF 3-SEAT LIMIT
It is valid and constitutional
This is to prevent any party from dominating the party-list elections.
2% THRESHOLD TO QUALIFY A SEAT
It is unconstitutional. It makes it mathematically impossible to achieve the maximum number of available
party-list seats when the number of available party exceeds 50.
The court adapted this formula:
o Guaranteed seats shall no longer be included
o Remaining available seats are for the additional seats
o The percentage of votes by each candidate is arrived by dividing the number of votes garnered by
the total number of votes cast for party-list candidates.
o For additional seats:
Percentage is multiplied by the remaining seats available
Assign one party-list seat to each of parties in rank until all available seats are distributed
Apply the three-seat rule

Written & Oral Report by: Julienne Therese V. Salvacion 1M 4

PARTICIPATION OF MAJOR POLITICAL PARTIES
Neither the Constitution nor the law prohibits major political parties from participating as long as they are
realized through sectoral wings
HOWEVER, the Court ruled that major political parties are DISALLOWED from participation in party-list
elections, directly or indirectly.

Written & Oral Report by: Julienne Therese V. Salvacion 1M 5