Party-list system

BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND TRANSPARENCY

(BANAT)
vs.
COMMISSION ON ELECTIONS

G.R. No. 179271 July 8, 2009

POINT OF THE CASE:

Section 5 (2), Article VI of the Constitution, is not mandatory and merely provides a ceiling for the
number of party-list seats in Congress.
FACTS:
The May 2007 elections included the elections for the party-list representatives. The COMELEC
counted 15,950,900 votes cast for 93 parties under the Party-List System. BANAT filed petition
as quoting the COMELEC of using the Panganiban formula used in Veterans case in allocating
party-list seats. BANAT contend that Article 6 Section 5 should be followed and that 20%of party-
list representatives shall be proclaimed. COMELEC denied said petition. BANAT filed mandamus
for certiorari.
ISSUE:
Whether or not the 20% allocation for party-list representatives provided in Article 6 Section 5 (2)
of the Constitution mandatory
HELD:
Yes. Petition has partial merit. The party-list election has four inviolable parameters stated in
Veterans. First, the twenty percent allocation. The combined number of all party-list congressmen
shall not exceed twenty percent of the total membership of the House of Representatives,
including those elected under the party list; Second, the two percent threshold. Only those parties
garnering a minimum of two percent of the total valid votes cast for the party-list system are
qualified to have a seat in the House of Representatives; Third, the three-seat limit for each
qualified party. Regardless of the number of votes it actually obtained, the party is entitled to a
maximum of three seats; that is, one qualifying and two additional seats; Fourth, proportional
representation. The additional seats which a qualified party is entitled to shall be computed in
proportion to their total number of votes.