2007} PARTY-LlST NOMfNEES

Consequences of Disclosure: The Case of

against personal interests and immediate needs. While there are constant
Bantay-Republic Act No. 7941 and Rosales v. efforts to maintain the national elections as operative acts of a democratic
institution, there remains the reality that the Philippine electorate still needs
Commission on
r
Elections to go beyond the taces of power, popularity, and affiliation.
Rita !vlarie L. J\!lesirw*
This electoral reality has manifested itself in the race under the party-list
system of representation. Under the present Constitution, registered national,
regional, and sectoral parties or organizations shall be elected as members of
L INTRODUCTION ............................................................................. I76, the House of Representatives through a party-list system.' As embodied in
IL THE MAIN CASE .................................................................... " .. f78 Republic Act No. 7941,' otherwise known as the Party-List System Act, the
A. Factual Setting
party-list system of representation affords a scat in the House of
B. Issues Presented Representatives to marginalized groups and organizations who garner at least
C. The Supreme Court's Ruling two percent of the total number of votes cast for the party-lists.3 The aim of
III; THE RrGHT TO INFORMATION: SuRVEY OF PRESENT LAw AND
this system is to ensure optimal representation of the marginalized .sectors in
·.JURISPRUDENCE ......................................................................... 183
Philippine society in order to encourage a more democratic participation in
~- Requisites and Scope our country's legislative process. 4
B.\ Limitations: The Case of Chavez v. Presidential Commission on Good
:Government These ~lected groups and organizations become active participants in the
fV. EXAMINING THE,_ VENUE: THE PHILIPPINE ELECTORAL SETTING ...... 192 House of Representative3 by virtue of the nominees each group submits to
A. Competitiveness the Commission on Elections (COMELEC). According to the Party-List
B. Quality System Act, ''each registered party, organization or coalition shall submit to
V. ANALYSIS: RijCONCILING A CONSTITUTIONAL RIGHT WITH AN the COMELEC not later than 45 days before the election a list of names,
ELEOTORAL REALITY .................................................................. I95 not less than five, from which party-list representatives shall be chosen in
VI.. CONCI.USION ............................................................................... I98 case it obtains the required number of votes."5 These nominees, like all
public elective officials, are required to possess the qualifications provided for
by law. Section 9 of the Party-List System Act provides:
I. INTRODUCTION Sec. 9. Qualifications ~{Party-List Nominees. No person shall be nominated as
party-list representative unless he is a natural-born citizen of the
An electi011 cannot give a country a firm sense <if direction if it has two or more Philippines, a registered voter, a resident of the Philippines for a period of .·
national parties which merely have d(fferent names, but are as alike in their principles not less than one year immediately preceding the day of the election, able
a11d aims as two peas in the same pod. ·t. to read and write, a bona fide member of the. party or organization which he seeks
Franklin D. Roosevelt
In the Philippines, the conduct of national elections has regularly paved the
I. See, PHIL CONST. art VI,§ 5 (r).
way for various political and legal battles. During the midterm elections last 2. An Act Providing for the Election of Party-List Repr~entatives through the
14- May 2007, the country was witness to a climate of controversy, a·s it dealt Party-List System, and Appropriating Funds Therefor [PARTY-LIST SYSTEM
with electoral issues that challenged every voter's ability to make an ACT], Republic A<:t No. 794I (r995).
informed choice. The recurring presence bf numerous campaign ploys - 3. !d. Section I I (b) provides: .
ranging from nuisance candidates to unfair campaign practices.- has once The parties, organizations, and coalitions receiving at least two percent
again put the enfranchised citizen to a test of balancing principles and values of the total votes cast for the party-list system shall be entitled to one
seat each: Provided, That those garnering more than two percent of the
votes shall be entitled to additional seats in proportion ·to .their total
* 'o9].D. cand., Ateneo de Manila University School ofLaw; Member, Board of number of votes: Provided, finally, That each party, organization, or
Editors, Ateneo LawJournal. coalition shall be entitled to not more than three seats.
4· JOAQUIN G. BERNAS, S.J., THE I987 CONSTITUTION Of THE ~PuBliC Of
Cite as 52 ATENEO L.J. 176 (2007). THE PHILIPPINES: A COMMENTARY 687 (2003 ed.) {hereinafter BERNAS].
5.' PARTY-LIST SYSTEM ACT,§ 8.