I.

POLITICAL PARTY AND PARTY-LIST SYSTEM

13.1. Political party defined
Political party is an organized group of citizens advo-
cating an ideology or platform, principles and policies for the
general conduct of government and which, as the most im-
mediate means of securing their adoption, regularly nomi-
nates 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 and 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.16
13.2. Party-list system defined
A party-list system is a mechanism of proportional rep-
resentation in the election of representatives to the House of
Representatives from national, regional and sectoral parties
or organizations or coalitions thereof registered with the
COMELEC.
Component parties or organizations of a coalition17
may participate independently, provided the coalition of
which they form part does not participate in the party-list
system.18
13.3. Requirement of registration of political
party, organized group of person un-
der the party-list system

_______________________________

16 Sec. 3, RA 7941
17 Coalition refers to an aggrupation of duly registered national, regional,
sectoral parties or organizations for political and/or election purposes [Sec. 3, RA
7941].
18 Sec. 3, RA 7941
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AND RELATED JURISPRUDENCE

A political party shall first be duly registered with the

COMELEC before it can:
(a) acquire juridical personality;
(b) qualify for subsequent accreditation; and
(c) be entitled to the rights and privileges granted
by law to political parties.
For purposes of the party-list system, an organized
group of persons may register as a party, organization or
coalition by filing with the COMELEC not later than ninety (90)
days before the election a petition verified by its president or
secretary stating its desire to participate in the party-list
system as a national, regional or sectoral party or organiza-
tion or a coalition of such parties or organizations.19
13.4. Processes that a political party must
undergo for it to take part in elections
Before it can join electoral contests, a political party or
organization must undergo the two-step process of:
(a) registration; and
(b) accreditation.
13.5. Registration and Accreditation defined
and distinguished
Registration is the act that bestows juridical personali-
ty for purposes of election laws. Accreditation, on the other
hand, relates to the privileged participation that election laws
grant to qualified registered parties.
Accreditation can only be granted to a registered polit-
ical party, organization or coalition while Registration must

_______________________________

19 Sec. 5, RA 7941
 COMPENDIUM OF PHILIPPINE ELECTION LAWS 3
AND RELATED JURISPRUDENCE

first take place before a request for accreditation can be

made.20
13.6. Petition for registration
A political party, organization or coalition of political
parties seeking registration21 shall file with the COMELEC
Law Department a petition duly verified by its President and
Secretary-General, or any official duly authorized to do so
under its Constitution and By-laws.22
13.7. Contents of Petition 23
The petition for registration as a political party shall
state the following:
(1) Full name of the political party, organization or
coalition of political parties;
(2) The principal headquarters and post office ad-
dress for election purposes, including its
branches and divisions, if any;
(3) The date and place of its organization;
(4) The date and manner of election or selection of
its officers;
(5) The names and addresses of its organizers and
officers, Executive Committee members, Direc-
torate, or Party Convention delegates, if any;
(6) The extent of its constituency;
(7) Its program of government;
(8) That it is not a religious sect or denomination;
_______________________________

20 Liberal Party v. COMELEC, GR 191771, 6 May 2010, 620 SCRA 393

21 Pursuant to Sec. 2 (5), Subdiv. C, Art. IX of the 1987 Constitution
22 Sec. 1, Rule 32, 1993 COMELEC Rules of Procedure, as amended
23 Sec. 2, Id.
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(9) That it shall not pursue its goals through vio-

lence or other unlawful means;
(10) That it shall uphold and adhere to the Constitu-
tion and shall obey all laws and legal orders
promulgated by duly constituted authorities;
(11) That it is not supported by, nor does it accept
financial contribution from any foreign govern-
ment or their agencies; and
(12) Other information that may be material and
relevant to the petition.
13.8. Registration as party, organization or
coalition under party-list system 24
The Petition to register as a party, organization or coa-
lition under the party-list system must be accompanied by
copies of:
(1) the group’s constitution;
(2) its by-laws;
(3) its platform or program of government;
(4) the list of officers;
(5) the coalition agreement; and
(6) other relevant information as the COMELEC
may require:
Provided, that the sectors shall include, among
others, the following:
(a) labor;
(b) peasant;
(c) fisherfolk;
_______________________________

24 Sec. 5, RA 7941
 COMPENDIUM OF PHILIPPINE ELECTION LAWS 5
AND RELATED JURISPRUDENCE

(d) urban poor;

(e) indigenous cultural communities;
(f) elderly;
(g) handicapped;
(h) women;
(i) youth;
(j) veterans;
(k) overseas workers; and
(l) professionals.
13.9. Certificate of Registration 25
The COMELEC shall, upon approval of the Petition, is-
sue a Certificate of Registration which shall be displayed in
the main office and in all chapters of the petitioner.
13.10. Cancellation of registration of political
party; grounds therefor 26
Upon verified complaint of any interested party, or mo-
tu proprio by the COMELEC, the registration of a political
party, coalition of political parties or organization under the
party-list system may be cancelled after due notice and hear-
ing based on any of the following grounds:
(a) Acceptance by the political party, coalition of
political parties, or organizations or any of its
candidates, of financial contributions from for-
eign governments and/or their agencies for ac-
tivities related to elections;

_______________________________

25 Sec. 7, Id.
26 Sec. 8, Rule 32, 1993 COMELEC Rules of Procedure, as amended
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(b) Violation of laws, rules or regulations relating to

elections, plebiscites, referenda, or initiative;
(c) Untruthful statements in its petition for regis-
tration;
(d) The said political party, coalition of political par-
ties or organization:
(1) has become a religious sect or denomi-
nation;
(2) is pursuing its goals thru violence or
other unlawful means;
(3) is refusing to adhere to or uphold the
Constitution of the Philippines; or
(4) is receiving support from any foreign
government;
(e) Failure to comply with applicable laws, rules or
regulations of the COMELEC;
(f) Failure to field official candidates in the last
two (2) preceding elections; or
(g) Failure of their candidates to obtain at least
five (5) per centum of the votes cast in the last
two (2) preceding elections.
13.11. Removal and/or cancellation of regis-
tration of party-list organization;
grounds therefor 27
The COMELEC may, motu proprio or upon verified
complaint of any interested party, remove or cancel, after due
notice and hearing, the registration of any national, regional
or sectoral party, organization or coalition on any of the fol-
lowing grounds:
_______________________________

27 Sec. 6, RA 7941
 COMPENDIUM OF PHILIPPINE ELECTION LAWS 7
AND RELATED JURISPRUDENCE

(a) It is a religious sect or denomination, organiza-

tion or association organized for religious pur-
poses;
(b) It advocates violence or unlawful means to
seek its goal;
(c) It is a foreign party or organization;
(d) It is receiving support from any foreign govern-
ment, foreign political party, foundation, organ-
ization, whether directly or through any of its of-
ficers or members, or indirectly through third
parties, for partisan election purposes;
(e) It violates or fails to comply with laws, rules or
regulations relating to elections;
(f) It declares untruthful statements in its Petition;
(g) It has ceased to exist for at least one (1) year;
(h) It fails to participate in the last two (2) preced-
ing elections; or
(i) It fails to obtain at least two per centum (2%) of
the votes cast under the party-list system in the
two (2) preceding elections for the constituency
in which it has registered.
13.12. Nominations of party-list representa-
tives
Each registered party, organization or coalition is re-
quired to submit to the COMELEC not later than forty-five (45)
days before the election a list of not less than five (5) names
from which the party-list representatives shall be chosen in
case it obtains the required number of votes.
A person may be nominated in one (1) list only.
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Only persons who have given their consent in writing

may be named in the list.28
13.13. Persons excluded from list of nomi-
nees
The list shall not include:
(a) any candidate for any elective office; or
(b) any person who has lost his bid for an elective
office in the immediately preceding election.29
13.14. Change of names or alteration of or-
der of nominees
Changing of names or altering of the order of nomi-
nees is not allowed after the same has been submitted to the
COMELEC, except in cases where the nominee:
(a) dies; or
(b) withdraws in writing his nomination;
(c) becomes incapacitated in which case the name
of the substitutes nominee shall be placed last
in the list.30
13.15. Nominated incumbent party-list repre-
sentatives in Congress need not resign
Incumbent sectoral representatives in the House of
Representatives who are nominated in the party-list system is
not considered resigned.31
13.16. Allocation of party-list seats among the
winning parties

_______________________________

28 Sec. 8, RA 7941
29 Ibid.
30 Ibid.
31 Ibid.
 COMPENDIUM OF PHILIPPINE ELECTION LAWS 9
AND RELATED JURISPRUDENCE

While Republic Act No. 7941 or the Party-List System

Act (of 1995) was first applied in the 1998 election, and
thirteen (13) parties met the two percent (2%) quota in the
succeeding elections, they were only able to fill up fourteen
(14) slots, very much short of the fifty two (52) representa-
tives needed to fill up twenty percent (20%) of the regular
members of the House of Representatives allocated under
the 1987 Constitution.
Furthermore, the votes for parties that garnered more
than six percent (6%) of the votes cast were considered as
wasted.32
Thus, in 2000, the Veterans Federation Party (VFP),
the Akbayan! Citizens' Action Party and several other parties
sued the COMELEC before the Supreme Court in Veterans
Federation Party v. COMELEC33 which case paved the way for
a ruling that would change the way party-list seats are allo-
cated among the winning parties.
The so-called "Panganiban Formula," named after the
then Chief Justice Artemio Panganiban who was the ponente
of the decision in the said case, calculates that the number
of seats a party will win is dependent on the number of votes
of the party with the highest number of votes.34
13.17. Parameters for allocation of party-list
seats
The Supreme Court set forth the four (4) parameters to
be applied in the allocation of seats for the party-list repre-
sentatives, viz:
_______________________________

32 Rosario Braid, Florangel (2010-11-09). "Should We Retain Party-List

System?". Manila Bulletin.

33 396 Phil. 419 (2000)
34 Dizon, Nikko (2007-07-02). "Dilemma over partylist formula delays win-

ners' proclamation". Philippine Daily Inquirer.

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(1) Twenty percent (20%) allocation – the com-

bined number of all party-list congressmen
shall not exceed twenty percent (20%) of the
total membership of the House of Representa-
tives, including those elected under the party
list.
(2) Two percent (2%) threshold – only those par-
ties garnering a minimum of two percent (2%)
of the total valid votes cast for the party-list
system are “qualified” to have a seat in the
House of Representatives;
(3) Three-seat limit – each qualified party, regard-
less of the number of votes it actually obtained,
is entitled to a maximum of three (3) seats; that
is, one “qualifying” and two additional seats.
(4) Proportional representation – the additional
seats which a qualified party is entitled to shall
be computed “in proportion to their total num-
ber of votes.”35
13.18. Formula for computing the number of
party-list seats available
However, because the Panganiban formula had inher-
ent flaws in its mathematical interpretation of the term pro-
portional representation (which systematically prevented all
the party-list seats from being filled up), said prescription for
the allocation of additional seats to party-list organizations
was revisited in the case of BANAT V. COMELEC.36
The party-list representatives constitute twenty per
centum (20%) of the total number of the members of the
_______________________________

35 Veterans Federation Party v. Comelec, GR 136781. Oct. 06, 2000, 342

SCRA 244
36 GR 179271, April 21, 2009
 COMPENDIUM OF PHILIPPINE ELECTION LAWS 11
AND RELATED JURISPRUDENCE

House of Representatives, including those under the party-

list.37
The number of seats available to party-list representa-
tives is computed from the number of legislative districts.
Thus, said provision was translated into the following basic
formula, to wit:

Number of seats Number of seats avail-

available to legis- x .20 = able to party-list repre-
lative districts sentatives

0.80
This formula allows for the corresponding increase in
the number of seats available for party-list representatives
whenever a legislative district is created by law.
Where for instance, the House of Representatives has
220 district representatives, it follows that, based on the
above foirmula, there will be 55 seats available to party-list
representatives. Hence,

220 x .20 = 55

0.80
13.19. Procedure for allocation of party-list
seats
In determining the allocation of seats for party-list rep-
resentatives under Section 11 of R.A. No. 7941, the following
procedure are now observed:
(1) The parties, organizations, and coalitions shall
be ranked from the highest to the lowest based
_______________________________

37 Sec. 11, RA 7941

 COMPENDIUM OF ELECTION LAWS
AND RELATED JURISPRUDENCE

on the number of votes they garnered during the

elections;
(2) The parties, organizations, and coalitions receiv-
ing at least two percent (2%) of the total votes
cast for the party-list system shall be entitled to
one guaranteed seat each;
(3) Those garnering sufficient number of votes, ac-
cording to the ranking in paragraph 1, shall be
entitled to additional seats in proportion to their
total number of votes until all the additional
seats are allocated; and
(4) Each party, organization, or coalition shall be en-
titled to not more than three (3) seats.
13.20. Ranking of participating parties in the
party-list election
Section 11 (a) of R.A. No. 7941 prescribes the ranking
of the participating parties from the highest to the lowest
based on the number of votes they garnered during the
elections.
13.21. First round of seat allocation; “two-
percenters” guaranteed a seat each
On the other hand, Section 11 (b) of R.A. No. 7941
states that 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 (1) seat each.
13.22. First round of seat allocation
 COMPENDIUM OF PHILIPPINE ELECTION LAWS 13
AND RELATED JURISPRUDENCE

The qualified party-list candidates or the “two-

percenters”38 are the party-list candidates that are entitled to
one (1) seat each, or the “guaranteed seat.”
13.23. Computation for the guaranteed seat
To get the first guaranteed seat, a sectoral party or or-
ganization should garner at least two percent (2%) of the total
votes cast in the partly-list elections.
The formula for the quotient is:
POV = SOV / PLV
where:
POV is the percentage of votes garnered by the
sectoral organization,
SOV is the total number of votes gained by the sec-
toral organization, and
PLV is the total number of votes cast in the party
list representation election.
A sectoral organization which garners a POV equiva-
lent to at least 2% of the PLV is assured of a single
seat, called the “guaranteed seat” or GS.
Therefore,
GS = 1, if POV >= 2% (or .02)
13.24. Procedure in computation of addition-
al seats
In computing the additional seats, the guaranteed
seats shall no longer be included because they have already
been allocated, at one (1) seat each, to every two-percenter.
_______________________________

38 They are the parties, organizations, and coalitions that received two or

more percent (2% and above) of the total votes cast for the party-list system.
 COMPENDIUM OF ELECTION LAWS
AND RELATED JURISPRUDENCE

Thus, the remaining available seats for allocation as

additional seats are the maximum seats reserved under the
party list system less the guaranteed seats.
Note that fractions are disregarded in the absence of
a provision in R.A. No. 7941 allowing for the rounding off of
fractional seats.
If the total number of guaranteed seats awarded is
less than the total number of seats reserved for sectoral
representatives (SAP), the unassigned seats will awarded in
the second round of seat allocation. To get the number of
additional seats, the following formula will be followed.
AS2 = (SPL − AS1) × POV
where:
AS239 is the total number of additional seats
awarded to the sectoral organization,
SPL is the number of seats allocated for party-list
representatives,
AS1 is the total number awarded seats in the first
round of seat allocation, and
POV is the percentage of votes garnered by the
sectoral organization.
Example:
When SPL = 55; AS1 = 16; and POV = 5.6% (or 0.056)
AS2 = (55 – 16) x 0.056 = 2.184 or 2 additional seats
13.25. Second round of seat allocation
There are two (2) steps in the second round of seat al-
location.

_______________________________

39 This should appear as a whole integer (with no fraction).

 COMPENDIUM OF PHILIPPINE ELECTION LAWS 15
AND RELATED JURISPRUDENCE

FIRST STEP: The above percentage (“P%”) is multiplied

by the remaining available seats, “Z”, which is the difference
between the “X” maximum seats reserved under the Party-
List System and the “Y” guaranteed seats of the two-
percenters.
Let us say X=55 and Y=16; hence, the remaining
available seats, Z is equal to 39.
The whole integer of the product of the percentage
and of the remaining available seats corresponds to a party’s
share in the remaining available seats.
Where, for instance, “ABANIKO PARTY” garnered a to-
tal of 900,000 votes representing 5.6% of the total votes cast
for the party-list election, the product of 5.6% multiplied by
39 will yield 2.184 or tow (2) additional seats which, when
added to its guaranteed seat as a two-percenter, would enti-
tle it to a total of three (3) parfty-list seats.
SECOND STEP: If, after two (2) rounds, the total num-
ber of seats awarded is still less than the total number of
seats reserved for sectoral representatives, the remaining
seats will be assigned to sectoral organizations next in rank (one
seat each organization) whose AS240 result is 0 (zero) until all
available seats are completely distributed down the line.
In the example, all of the remaining 39 seats after the
FIRST STEP of the second round of seat allocation will have
to be distributed to sectoral organizations next in rank at one
(1) seat apiece.
Thus,
AS3 = (SPL – AS1 – AS2)
_______________________________

40 The total number of additional seats awarded to the sectoral organiza-

tion.
 COMPENDIUM OF ELECTION LAWS
AND RELATED JURISPRUDENCE

where:
AS3 is the total number of sectoral organizations
next in rank (in Step 2 of Round 2) to be giv-
en one seat each,
SPL is the number of seats allocated for party-list
representatives,
AS1 is the total number awarded seats in the first
round of seat allocation, and
AS2 is the total number awarded seats in the Step
1 of Round 2 of seat allocation.
13.26. Application of three-seat limit
Finally, the three-seat cap is applied to determine the
number of seats each qualified party-list candidate is entitled
to.