JOSHUA REED C.

LOPEZ
TITLE: Veterans Federation Party vs. COMELEC
G.R. NO. 136781 DATE: October 6, 2001
PONENTE: TOPIC: The 20% allocation for party-list representatives provided in
PANGANIBAN, J, Sec 5(2), Art VI of the Constitution is only a ceiling; it is NOT
mandatory to fill the entire 20% allocation.

The 3-seat limit imposed by RA 7941 was adopted to promote and

encourage a multiparty system of representation.
FACTS OF THE CASE:

Following the May 1998 elections, respondent COMELEC proclaimed 14 party-list

representatives from 13 parties and organizations in accord with the 2% qualifying threshold
vote in Sec 11(b) of RA 7941 and the principle of proportional representation of qualified
parties. PAG-ASA party-list, which did not obtain the 2% qualifying vote, filed a petition with
the COMELEC to fill up the 20% allocation for party-list reps provided by the Constitution (52
seats in the current Congress). COMELEC granted the petition and ordered the proclamation
of herein 38 respondents party-list candidates which were next in rank to fill all 52 seats,
ignoring the 2% qualifying threshold vote.
PROCEDURAL HISTORY:
The party-list candidates which obtained the 2% qualifying threshold vote now file the instant
petitions. Though petitioners party-list candidates agree that the 20% allocation must be filled
up, they aver that the remaining seats should be allocated to only them proportionally.

STATEMENT OF ISSUE/S:
(1) Whether or not the 20% allocation for party-list representatives provided in Sec 5(2),
Art VI of the Constitution is mandatory
(2) Whether or not the 2% threshold vote to qualify a party-list to congressional seats
prescribed by Sec 11(b) of RA 794161 is constitutional
HOLDING
(1) No. A simple reading of Sec 5, Art VI of the Const. easily conveys the message that
Congress was vested with the broad power to define and prescribe the mechanics of the
party-list system of representation. The Constitution explicitly sets down only the
percentage of the total membership in the House of Reps reserved for party-list reps. In
the exercise of its constitutional prerogative, Congress enacted RA 7941. Considering the
requirements under Sec 11(b) thereof, it will be shown presently that Sec 5(2), Art VI of
the Const. is not mandatory. It merely provides a ceiling for party-list seats in Congress.
(2) Yes. In imposing a 2% threshold, Congress wanted to ensure that only those parties,
organizations and coalitions having a sufficient number of constituents deserving of
representation are actually represented in Congress. This intent can be gleaned from the
deliberations on the proposed bill. Even the framers of our Constitution had in mind a
minimum-vote requirement, the specification of which they left to Congress to properly
determine. The 2% threshold is consistent also with the very essence of “representation”
in a republican government. To have meaningful representation in a republican
government, the elected persons must have the mandate of a sufficient number of
people. Otherwise, the result might be the proliferation of small groups which are
incapable of contributing significant legislation, and which might even pose a threat to the
stability of Congress.