Party-list Computation – BANAT v.

COMELEC – GR 179271, 04/21/09

Sec 5(1) Art 6 Const: 250 max members for HOR; unless otherwise fixed by law

Sec 11(a) RA 7941: Number of Party-List Representatives – 20% of total members of HOR; additional seat
limit of 3 (not all parties are guaranteed 3 seats)

Sec 11 RA 7941: Determining the Allocation of Seats –

- Party-list organizations are ranked from highest to lowest based on their number of votes
- Party-list organizations that have at least 2% of the total votes are entitled to 1 seat in HOR
- Party-list organizations, in accordance with their ranking, will have additional seats in proportion
- Party-list organizations have a 3-seat limit

NBC Resolution 07-72: Determining Additional Seats for First Party (Veterans v. COMELEC) - DEFUNCT
𝑁𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑣𝑜𝑡𝑒𝑠 𝑜𝑓 𝐹𝑖𝑟𝑠𝑡 𝑃𝑎𝑟𝑡𝑦
= 𝑃𝑟𝑜𝑝𝑜𝑟𝑡𝑖𝑜𝑛 𝑜𝑓 𝑣𝑜𝑡𝑒𝑠 𝑜𝑓 𝑓𝑖𝑟𝑠𝑡 𝑝𝑎𝑟𝑡𝑦 𝑟𝑒𝑙𝑎𝑡𝑖𝑣𝑒 𝑡𝑜 𝑡𝑜𝑡𝑎𝑙 𝑣𝑜𝑡𝑒𝑠 𝑝𝑎𝑟𝑡𝑦𝑙𝑖𝑠𝑡
𝑇𝑜𝑡𝑎𝑙 𝑣𝑜𝑡𝑒𝑠 𝑓𝑜𝑟 𝑝𝑎𝑟𝑡𝑦𝑙𝑖𝑠𝑡 𝑠𝑦𝑠𝑡𝑒𝑚

Proportion of Votes Received by First Party Additional Seats

Equal to or at least 6% 2 Additional Seats
Equal to or greater than 4% but less than 6% 1 Additional Seat
Less than 4% No Additional Seat

Example:

Projected total number of votes for Pantar, Lanao del Norte is 16,261,369

Party-list BUHAY has 1,178,747 projected total number of votes. BUHAY has the most votes; making it
“First Party”
1,178,747
= 0.07248 or 7.2%
16,261,369

BUHAY is entitled to 2 additional seats in HOR

Party-list Computation – BANAT v. COMELEC – GR 179271, 04/21/09

Determining Additional Seats for Other Parties (Veterans v. COMELEC) – UNCONSTITUTIONAL

𝑁𝑜. 𝑜𝑓 𝑣𝑜𝑡𝑒𝑠 𝑜𝑓 𝑐𝑜𝑛𝑐𝑒𝑟𝑛𝑒𝑑 𝑝𝑎𝑟𝑡𝑦
𝐴𝑑𝑑𝑖𝑡𝑖𝑜𝑛𝑎𝑙 𝑠𝑒𝑎𝑡𝑠 𝑓𝑜𝑟 𝑐𝑜𝑛𝑐𝑒𝑟𝑛𝑒𝑑 𝑝𝑎𝑟𝑡𝑦 = 𝑥 𝑛𝑜. 𝑜𝑓 𝑎𝑑𝑑𝑖𝑡𝑖𝑜𝑛𝑎𝑙 𝑠𝑒𝑎𝑡𝑠 𝑜𝑓 𝑓𝑖𝑟𝑠𝑡 𝑝𝑎𝑟𝑡𝑦
𝑁𝑜. 𝑜𝑓 𝑣𝑜𝑡𝑒𝑠 𝑜𝑓 𝑓𝑖𝑟𝑠𝑡 𝑝𝑎𝑟𝑡𝑦

Example:

“First Party” BUHAY has 1,178,747 projected total number of votes. BUHAY has 2 additional seats

BAYAN MUNA has 977,475 projected total number of votes

977,475
𝑥 2 = 1.6585 𝑜𝑟 1.65%
1,178,747

BAYAN MUNA is entitled to 1 additional seat in HOR

Sec 5(1) Art 6 Const: 250 max members for HOR, unless otherwise fixed by law

Sec 5(2) Art 6 Const: Party-list Representatives make up 20% of total members of HOR; Congress
determines how to distribute the allocated seats to party-list representatives

80-20 Rule: Ratio of seats allotted between District and Party-List Representatives is 5:1.

(e.g. 250 members total; 200 District Reps and 50 PL Reps)

Rule applies to Congresses that have more or less than 250 members (because “otherwise fixed by law)

Determining Available Seats to Party-List Representatives in HOR – (80-20 Rule)

𝑁𝑜. 𝑜𝑓 𝑠𝑒𝑎𝑡𝑠 𝑎𝑣𝑎𝑖𝑙𝑎𝑏𝑙𝑒 𝑡𝑜 𝑙𝑒𝑔𝑖𝑠𝑙𝑎𝑡𝑖𝑣𝑒 𝑑𝑖𝑠𝑡𝑟𝑖𝑐𝑡𝑠

𝑥 0.20 = 𝑁𝑜. 𝑜𝑓 𝑠𝑒𝑎𝑡𝑠 𝑎𝑣𝑎𝑖𝑙𝑎𝑏𝑙𝑒 𝑡𝑜 𝑝𝑎𝑟𝑡𝑦 − 𝑙𝑖𝑠𝑡 𝑟𝑒𝑝𝑟𝑒𝑠𝑒𝑛𝑡𝑎𝑡𝑖𝑣𝑒𝑠
0.80

Example:

The 14th Congress has 220 District Representatives

220
𝑥 0.20 = 55
0.80

There are 55 seats available to Party-List Representatives in HOR

Party-list Computation – BANAT v. COMELEC – GR 179271, 04/21/09

Determining the Additional Seats for Party-List Representatives (BANAT v. COMELEC)

Step 1: Apply the 80-20 Rule

𝑁𝑜. 𝑜𝑓 𝑠𝑒𝑎𝑡𝑠 𝑎𝑣𝑎𝑖𝑙𝑎𝑏𝑙𝑒 𝑡𝑜 𝑙𝑒𝑔𝑖𝑠𝑙𝑎𝑡𝑖𝑣𝑒 𝑑𝑖𝑠𝑡𝑟𝑖𝑐𝑡𝑠

𝑥 0.20 = 𝑁𝑜. 𝑜𝑓 𝑠𝑒𝑎𝑡𝑠 𝑎𝑣𝑎𝑖𝑙𝑎𝑏𝑙𝑒 𝑡𝑜 𝑝𝑎𝑟𝑡𝑙𝑙𝑖𝑠𝑡 𝑟𝑒𝑝𝑟𝑒𝑠𝑒𝑛𝑡𝑎𝑡𝑖𝑣𝑒𝑠
0.80

Step 2: Parties are ranked on the basis of their percentage of votes in proportion to the total number of
votes cast for party-list reps.

Step 3: FIRST ROUND – All parties that have 2% of the votes qualify for 1 seat in HOR.

𝑁𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑉𝑜𝑡𝑒𝑠 𝑜𝑓 𝑡ℎ𝑒 𝑃𝑎𝑟𝑡𝑦 − 𝐿𝑖𝑠𝑡

= 𝑃𝑒𝑟𝑐𝑒𝑛𝑡𝑎𝑔𝑒 𝑜𝑓 𝑡ℎ𝑒 𝑉𝑜𝑡𝑒𝑠 𝑜𝑓 𝑡ℎ𝑒 𝑃𝑎𝑟𝑡𝑦 − 𝐿𝑖𝑠𝑡 𝐶𝑎𝑛𝑑𝑖𝑑𝑎𝑡𝑒
𝑇𝑜𝑡𝑎𝑙 𝑣𝑜𝑡𝑒𝑠 𝑓𝑜𝑟 𝑝𝑎𝑟𝑡𝑦𝑙𝑖𝑠𝑡 𝑠𝑦𝑠𝑡𝑒𝑚

Step 4: SECOND ROUND – Those from the First Round are ranked according to their votes and may be
entitled to an additional seat in proportion to their total number of votes. Then, one party-list seat is given
to each of the parties next in rank until all the additional seats are allocated.

𝐴𝑑𝑑𝑖𝑡𝑖𝑜𝑛𝑎𝑙 𝑆𝑒𝑎𝑡𝑠 𝐴𝑙𝑙𝑜𝑐𝑎𝑡𝑒𝑑 = 𝑀𝑎𝑥. 𝑠𝑒𝑎𝑡𝑠 𝑜𝑓 𝑃𝑎𝑟𝑡𝑦 − 𝐿𝑖𝑠𝑡 − 𝐺𝑢𝑎𝑟𝑎𝑛𝑡𝑒𝑒𝑑 𝑠𝑒𝑎𝑡𝑠 𝑓𝑜𝑟 2%

Multiply the percentage of votes of every qualified party by the number of remaining available
seats. The product, rounded down, is the number of additional seats that party is entitled to.

% 𝑜𝑓 𝑉𝑜𝑡𝑒𝑠 𝑜𝑓 𝐶𝑜𝑛𝑐𝑒𝑟𝑛𝑒𝑑 𝑃𝑎𝑟𝑡𝑦 𝑥 𝑅𝑒𝑚𝑎𝑖𝑛𝑖𝑛𝑔 𝑆𝑒𝑎𝑡𝑠 = 𝐴𝑑𝑑𝑖𝑡𝑖𝑜𝑛𝑎𝑙 𝑆𝑒𝑎𝑡𝑠

Then, add the guaranteed seat and the additional seat the party is entitled to

Then assign one party-list seat to each of the parties next in rank until all available seats are
distributed.

Step 5: Ensure each party is entitled to no more than 3 additional seats; in case of fractional seats, they
shall be disregarded as the law does not provide for rounding off.
Party-list Computation – BANAT v. COMELEC – GR 179271, 04/21/09

Example:

Given that: No. of District Reps = 225

Total No. of Votes = 15,950,900

BUHAY’s Votes= 1,169,234

BAYAN MUNA’s Votes = 979, 039

There are 17 guaranteed seats for Parties with 2% of the total votes

Step 1: Find the number of seats available for party-list via 80-20 Rule
220
𝑥 0.20 = 55
0.80

Step 2: Rank them in order

Party-List Organization Votes Garnered

BUHAY 1,169,234
BAYAN MUNA 979,039
Step 3: Get percentage of votes of each Party-List relative to the total number of votes. Rank them
accordingly. If they are 2% or above, they are entitled to an additional seat in HOR. – FIRST ROUND

1,169,234
𝐵𝑈𝐻𝐴𝑌: = 0.0733 𝑜𝑟 7.33%
15,950,900

979,039
𝐵𝐴𝑌𝐴𝑁 𝑀𝑈𝑁𝐴: = 0.06137 𝑜𝑟 6.14%
15,950,900

Step 4: Find how many additional seats will be allocated given that there are 17 guaranteed seats; Round

55 − 17 = 38 𝐴𝑑𝑑𝑖tional seats may 𝑏𝑒 𝑎𝑙𝑙𝑜𝑐𝑎𝑡𝑒𝑑

Find out how many additional seats each party is entitled to; consider only whole integers

𝐵𝑈𝐻𝐴𝑌: 0.0733 𝑥 38 = 2.79 = 2 𝐴𝑑𝑑𝑖𝑡𝑖𝑜𝑛𝑎𝑙 𝑆𝑒𝑎𝑡𝑠

𝐵𝐴𝑌𝐴𝑁 𝑀𝑈𝑁𝐴: 0.0614 𝑥 38 = 2.33 = 2 𝐴𝑑𝑑𝑖𝑡𝑖𝑜𝑛𝑎𝑙 𝑆𝑒𝑎𝑡𝑠

Party-list Computation – BANAT v. COMELEC – GR 179271, 04/21/09

Add the guaranteed seat to the additional seat for each party

𝐵𝑈𝐻𝐴𝑌 = 1 𝐺𝑢𝑎𝑟𝑎𝑛𝑡𝑒𝑒𝑑 𝑆𝑒𝑎𝑡 (1𝑠𝑡 𝑅𝑜𝑢𝑛𝑑) + 2 𝐴𝑑𝑑𝑖𝑡𝑖𝑜𝑛𝑎𝑙 𝑆𝑒𝑎𝑡𝑠 (2𝑛𝑑 𝑅𝑜𝑢𝑛𝑑) = 3 𝑆𝑒𝑎𝑡𝑠 𝑇𝑜𝑡𝑎𝑙

𝐵𝐴𝑌𝐴𝑁 𝑀𝑈𝑁𝐴 = 1 𝐺𝑢𝑎𝑟𝑎𝑛𝑡𝑒𝑒𝑑 𝑆𝑒𝑎𝑡 (1𝑠𝑡 𝑅𝑜𝑢𝑛𝑑) + 2 𝐴𝑑𝑑𝑖𝑡𝑖𝑜𝑛𝑎𝑙 𝑆𝑒𝑎𝑡𝑠 (2𝑛𝑑 𝑅𝑜𝑢𝑛𝑑) = 3 𝑆𝑒𝑎𝑡𝑠 𝑇𝑜𝑡𝑎𝑙

Step 5: Check if the parties comply with the 3-seat limit.

Party-lists BUHAY and BAYAN MUNA have a guaranteed seat in HOR and are also entitled to 2 additional
seats. They have 3 seats in total which complies with the 3-seat limit.