G.R. No.
179271               April 21, 2009
BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND TRANSPARENCY
(BANAT), Petitioner,  completion of the canvass of the party-list results, it would determine the total number of
vs.
COMMISSION ON ELECTIONS (sitting as the National Board of
Canvassers), Respondent.
ARTS BUSINESS AND SCIENCE PROFESSIONALS, Intervenor.
AANGAT TAYO, Intervenor.
COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC.
(SENIOR CITIZENS),Intervenor.
x - - - - - - - - - - - - - - - - - - - - - - -x
G.R. No. 179295               April 21, 2009
BAYAN MUNA, ADVOCACY FOR TEACHER EMPOWERMENT THROUGH ACTION,
COOPERATION AND HARMONY TOWARDS EDUCATIONAL REFORMS, INC., and
ABONO, Petitioners,  have recently been quoted in the national papers that the [COMELEC] is duty bound to and
vs.
COMMISSION ON ELECTIONS, Respondent.
DECISION
CARPIO, J.:
The Case
Petitioner in G.R. No. 179271 — Barangay Association for National Advancement and
Transparency (BANAT) — in a petition for certiorari and mandamus,1 assails the
Resolution2 promulgated on 3 August 2007 by the Commission on Elections (COMELEC) in
NBC No. 07-041 (PL). The COMELEC’s resolution in NBC No. 07-041 (PL) approved the
recommendation of Atty. Alioden D. Dalaig, Head of the National Board of Canvassers (NBC)
Legal Group, to deny the petition of BANAT for being moot. BANAT filed before the
COMELEC En Banc, acting as NBC, a Petition to Proclaim the Full Number of Party-List
Representatives Provided by the Constitution.
The following are intervenors in G.R. No. 179271: Arts Business and Science Professionals
(ABS), Aangat Tayo (AT), and Coalition of Associations of Senior Citizens in the Philippines,
Inc. (Senior Citizens).
Petitioners in G.R. No. 179295 — Bayan Muna, Abono, and Advocacy for Teacher
Empowerment Through Action, Cooperation and Harmony Towards Educational Reforms (A
Teacher) — in a petition for certiorari with mandamus and prohibition,3 assails NBC
Page 1 of 14
Resolution No. 07-604 promulgated on 9 July 2007. NBC No. 07-60 made a partial
proclamation of parties, organizations and coalitions that obtained at least two percent of the
total votes cast under the Party-List System. The COMELEC announced that, upon
seats of each winning party, organization, or coalition in accordance with Veterans
Federation Party v. COMELEC5 (Veterans).
Estrella DL Santos, in her capacity as President and First Nominee of the Veterans Freedom
Party, filed a motion to intervene in both G.R. Nos. 179271 and 179295.
The Facts
The 14 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.6
On 27 June 2002, BANAT filed a Petition to Proclaim the Full Number of Party-List
Representatives Provided by the Constitution, docketed as NBC No. 07-041 (PL) before the
NBC. BANAT filed its petition because "[t]he Chairman and the Members of the [COMELEC]
shall implement the Veterans ruling, that is, would apply the Panganiban formula in allocating
party-list seats."7 There were no intervenors in BANAT’s petition before the NBC. BANAT filed
a memorandum on 19 July 2007.
On 9 July 2007, the COMELEC, sitting as the NBC, promulgated NBC Resolution No. 07-60.
NBC Resolution No. 07-60 proclaimed thirteen (13) parties as winners in the party-list
elections, namely: Buhay Hayaan Yumabong (BUHAY), Bayan Muna, Citizens’ Battle Against
Corruption (CIBAC), Gabriela’s Women Party (Gabriela), Association of Philippine Electric
Cooperatives (APEC), A Teacher, Akbayan! Citizen’s Action Party (AKBAYAN), Alagad,
Luzon Farmers Party (BUTIL), Cooperative-Natco Network Party (COOP-NATCCO), Anak
Pawis, Alliance of Rural Concerns (ARC), and Abono. We quote NBC Resolution No. 07-60
in its entirety below:
WHEREAS, the Commission on Elections sitting en banc as National Board of Canvassers,
thru its Sub-Committee for Party-List, as of 03 July 2007, had officially canvassed, in open
and public proceedings, a total of fifteen million two hundred eighty three thousand six
hundred fifty-nine (15,283,659) votes under the Party-List System of Representation, in
connection with the National and Local Elections conducted last 14 May 2007;
WHEREAS, the study conducted by the Legal and Tabulation Groups of the National Board
of Canvassers reveals that the projected/maximum total party-list votes cannot go any higher
than sixteen million seven hundred twenty three thousand one hundred twenty-one
(16,723,121) votes given the following statistical data:
Projected/Maximum Party-List Votes for May 2007 Elections
 i. Total party-list votes already canvassed/tabulated 15,283,659 5 APEC 538,971

ii. Total party-list votes remaining uncanvassed/ 1,337,032 6 A TEACHER 476,036

untabulated (i.e. canvass deferred)
7 AKBAYAN 470,872
iii. Maximum party-list votes (based on 100% outcome) 102,430
from areas not yet submitted for canvass (Bogo, Cebu; 8 ALAGAD 423,076
Bais City; Pantar, Lanao del Norte; and Pagalungan,
Maguindanao) 9 BUTIL 405,052

Maximum Total Party-List Votes 16,723,121 10 COOP-NATCO 390,029

11 BATAS 386,361
WHEREAS, Section 11 of Republic Act No. 7941 (Party-List System Act) provides in part:
12 ANAK PAWIS 376,036

The 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 seat each: provided, that those garnering
more than two percent (2%) of the votes shall be entitled to additional seats in proportion to
their total number of votes: provided, finally, that each party, organization, or coalition shall be
entitled to not more than three (3) seats.
WHEREAS, for the 2007 Elections, based on the above projected total of party-list votes, the
presumptive two percent (2%) threshold can be pegged at three hundred thirty four
thousand four hundred sixty-two (334,462)votes;
WHEREAS, the Supreme Court, in Citizen’s Battle Against Corruption (CIBAC) versus
COMELEC, reiterated its ruling in  Veterans Federation Party versus COMELEC  adopting a
formula for the additional seats of each party, organization or coalition receving more than the
required two percent (2%) votes, stating that the same shall be determined only after all
party-list ballots have been completely canvassed;
WHEREAS, the parties, organizations, and coalitions that have thus far garnered at
least three hundred thirty four thousand four hundred sixty-two (334,462) votes are as
follows:
13 ARC 338,194
14 ABONO 337,046
WHEREAS, except for Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan
(BATAS), against which an URGENT PETITION FOR CANCELLATION/REMOVAL OF
REGISTRATION AND DISQUALIFICATION OF PARTY-LIST NOMINEE (With Prayer for the
Issuance of Restraining Order) has been filed before the Commission, docketed as SPC No.
07-250, all the parties, organizations and coalitions included in the aforementioned list are
therefore entitled to at least one seat under the party-list system of representation in the
meantime.
NOW, THEREFORE, by virtue of the powers vested in it by the Constitution, the Omnibus
Election Code, Executive Order No. 144, Republic Act Nos. 6646, 7166, 7941, and other
election laws, the Commission on Elections, sitting en banc as the National Board of
Canvassers, hereby RESOLVES to PARTIALLY PROCLAIM, subject to certain conditions set
forth below, the following parties, organizations and coalitions participating under the Party-
List System:

1 Buhay Hayaan Yumabong BUHAY

RANK PARTY/ORGANIZATION/ VOTES
COALITION RECEIVED 2 Bayan Muna BAYAN MUNA

1 BUHAY 1,163,218 3 Citizens Battle Against Corruption CIBAC

2 BAYAN MUNA 972,730 4 Gabriela Women’s Party GABRIELA

3 CIBAC 760,260 5 Association of Philippine Electric Cooperatives APEC

4 GABRIELA 610,451 6 Advocacy for Teacher Empowerment Through A TEACHER

Action, Cooperation and Harmony Towards

Page 2 of 14
 maximum total number of party-list votes of 16,723,121, and were thus given one (1)
Educational Reforms, Inc.
guaranteed party-list seat each;
7 Akbayan! Citizen’s Action Party AKBAYAN
WHEREAS, per Report of the Tabulation Group and Supervisory Committee of the National
8 Alagad ALAGAD Board of Canvassers, the projected maximum total party-list votes, as of July 11, 2007, based
on the votes actually canvassed, votes canvassed but not included in Report No. 29, votes
9 Luzon Farmers Party BUTIL received but uncanvassed, and maximum votes expected for Pantar, Lanao del Norte, is
10 Cooperative-Natco Network Party COOP-NATCCO 16,261,369; and that the projected maximum total votes for the thirteen (13) qualified parties,
organizations and coalition[s] are as follows:
11 Anak Pawis ANAKPAWIS

12 Alliance of Rural Concerns ARC   Party-List Projected total number of votes

13 Abono ABONO 1 BUHAY 1,178,747

2 BAYAN MUNA 977,476

This is without prejudice to the proclamation of other parties, organizations, or coalitions
which may later on be established to have obtained at least two percent (2%) of the total 3 CIBAC 755,964
actual votes cast under the Party-List System. 4 GABRIELA 621,718

The total number of seats of each winning party, organization or coalition shall be determined 5 APEC 622,489
pursuant to Veterans Federation Party versus COMELEC formula upon completion of the
canvass of the party-list results. 6 A TEACHER 492,369

7 AKBAYAN 462,674
The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan
(BATAS) is hereby deferred until final resolution of SPC No. 07-250, in order not to render the 8 ALAGAD 423,190
proceedings therein moot and academic.
9 BUTIL 409,298
Finally, all proclamation of the nominees of concerned parties, organizations and coalitions
10 COOP-NATCO 412,920
with pending disputes shall likewise be held in abeyance until final resolution of their
respective cases. 11 ANAKPAWIS 370,165

Let the Clerk of the Commission implement this Resolution, furnishing a copy thereof to the
Speaker of the House of Representatives of the Philippines.
SO ORDERED.8 (Emphasis in the original)
Pursuant to NBC Resolution No. 07-60, the COMELEC, acting as NBC, promulgated NBC
Resolution No. 07-72, which declared the additional seats allocated to the appropriate
parties. We quote from the COMELEC’s interpretation of the Veterans formula as found in
NBC Resolution No. 07-72:
WHEREAS, on July 9, 2007, the Commission on Elections sitting en banc as the National
Board of Canvassers proclaimed thirteen (13) qualified parties, organization[s] and coalitions
based on the presumptive two percent (2%) threshold of 334,462 votes from the projected
12 ARC 375,846
13 ABONO 340,151
WHEREAS, based on the above Report, Buhay Hayaan Yumabong (Buhay) obtained the
highest number of votes among the thirteen (13) qualified parties, organizations and
coalitions, making it the "first party" in accordance with Veterans Federation Party versus
COMELEC, reiterated in Citizen’s Battle Against Corruption (CIBAC) versus COMELEC;
WHEREAS, qualified parties, organizations and coalitions participating under the party-list
system of representation that have obtained one guaranteed (1) seat may be entitled to an
additional seat or seats based on the formula prescribed by the Supreme Court in Veterans;

Page 3 of 14
WHEREAS, in determining the additional seats for the "first party", the correct formula as
BAYAN MUNA 1.65 1
expressed in Veterans, is:
CIBAC 1.28 1
Number of votes of first party Proportion of votes of first GABRIELA 1.05 1
= party relative to total votes for
Total votes for party-list system party-list system APEC 1.05 1

A TEACHER 0.83 0
wherein the proportion of votes received by the first party (without rounding off) shall entitle it
to additional seats: AKBAYAN 0.78 0

ALAGAD 0.71 0
Proportion of votes received Additional seats
by the first party BUTIL 0.69 0

Equal to or at least 6% Two (2) additional seats COOP-NATCO 0.69 0

Equal to or greater than 4% but less than 6% One (1) additional seat ANAKPAWIS 0.62 0

Less than 4% No additional seat ARC 0.63 0

ABONO 0.57 0
WHEREAS, applying the above formula, Buhay obtained the following percentage:

NOW THEREFORE, by virtue of the powers vested in it by the Constitution, Omnibus

1,178,747 Election Code, Executive Order No. 144, Republic Act Nos. 6646, 7166, 7941 and other
= 0.07248 or 7.2% elections laws, the Commission on Elections en bancsitting as the National Board of
16,261,369 Canvassers, hereby RESOLVED, as it hereby RESOLVES, to proclaim the following parties,
organizations or coalitions as entitled to additional seats, to wit:
which entitles it to two (2) additional seats.
Party List Additional Seats
WHEREAS, in determining the additional seats for the other qualified parties, organizations
and coalitions, the correct formula as expressed in Veterans and reiterated in CIBAC is, as BUHAY 2
follows:
BAYAN MUNA 1

No. of votes of CIBAC 1

concerned party No. of additional 
Additional seats for GABRIELA 1
= x seats allocated 
a concerned party
No. of votes of  to first party APEC 1
first party

This is without prejudice to the proclamation of other parties, organizations or coalitions which
WHEREAS, applying the above formula, the results are as follows: may later on be established to have obtained at least two per cent (2%) of the total votes cast
under the party-list system to entitle them to one (1) guaranteed seat, or to the appropriate
Party List Percentage Additional Seat percentage of votes to entitle them to one (1) additional seat.

Page 4 of 14
Finally, all proclamation of the nominees of concerned parties, organizations and coalitions
with pending disputes shall likewise be held in abeyance until final resolution of their
respective cases.
Let the National Board of Canvassers Secretariat implement this Resolution, furnishing a
copy hereof to the Speaker of the House of Representatives of the Philippines.
SO ORDERED.9
Acting on BANAT’s petition, the NBC promulgated NBC Resolution No. 07-88 on 3 August
2007, which reads as follows:
This pertains to the Petition to Proclaim the Full Number of Party-List Representatives
Provided by the Constitution filed by the Barangay Association for National Advancement and
Transparency (BANAT).
Acting on the foregoing Petition of the Barangay Association for National Advancement and
Transparency (BANAT) party-list, Atty. Alioden D. Dalaig, Head, National Board of
Canvassers Legal Group submitted his comments/observations and recommendation thereon
[NBC 07-041 (PL)], which reads:
COMMENTS / OBSERVATIONS:
Petitioner Barangay Association for National Advancement and Transparency (BANAT), in its
Petition to Proclaim the Full Number of Party-List Representatives Provided by the
Constitution prayed for the following reliefs, to wit:
1. That the full number -- twenty percent (20%) -- of Party-List representatives as
mandated by Section 5, Article VI of the Constitution shall be proclaimed.
2. Paragraph (b), Section 11 of RA 7941 which prescribes the 2% threshold votes,
should be harmonized with Section 5, Article VI of the Constitution and with Section
12 of the same RA 7941 in that it should be applicable only to the first party-list
representative seats to be allotted on the basis of their initial/first ranking.
3. The 3-seat limit prescribed by RA 7941 shall be applied; and
4. Initially, all party-list groups shall be given the number of seats corresponding to
every 2% of the votes they received and the additional seats shall be allocated in
accordance with Section 12 of RA 7941, that is, in proportion to the percentage of
votes obtained by each party-list group in relation to the total nationwide votes cast in
the party-list election, after deducting the corresponding votes of those which were
allotted seats under the 2% threshold rule. In fine, the formula/procedure prescribed
in the "ALLOCATION OF PARTY-LIST SEATS, ANNEX "A" of COMELEC
Page 5 of 14
RESOLUTION 2847 dated 25 June 1996, shall be used for [the] purpose of
determining how many seats shall be proclaimed, which party-list groups are entitled
to representative seats and how many of their nominees shall seat [sic].
5. In the alternative, to declare as unconstitutional Section 11 of Republic Act No.
7941 and that the procedure in allocating seats for party-list representative
prescribed by Section 12 of RA 7941 shall be followed.
R E C O M M E N D A T I O N:
The petition of BANAT is now moot and academic.
The Commission En Banc in NBC Resolution No. 07-60 promulgated July 9, 2007 re "In the
Matter of the Canvass of Votes and Partial Proclamation of the Parties, Organizations and
Coalitions Participating Under the Party-List System During the May 14, 2007 National and
Local Elections" resolved among others that the total number of seats of each winning party,
organization or coalition shall be determined pursuant to the Veterans Federation
Party versus  COMELEC formula upon completion of the canvass of the party-list
results."1awphi1
WHEREFORE, premises considered, the National Board of Canvassers RESOLVED, as it
hereby RESOLVES, to approve and adopt the recommendation of Atty. Alioden D. Dalaig,
Head, NBC Legal Group, to DENY the herein petition of BANAT for being moot and
academic.
Let the Supervisory Committee implement this resolution.
SO ORDERED.10
BANAT filed a petition for certiorari and mandamus assailing the ruling in NBC Resolution No.
07-88. BANAT did not file a motion for reconsideration of NBC Resolution No. 07-88.
On 9 July 2007, Bayan Muna, Abono, and A Teacher asked the COMELEC, acting as NBC,
to reconsider its decision to use the Veterans formula as stated in its NBC Resolution No. 07-
60 because the Veterans formula is violative of the Constitution and of Republic Act No. 7941
(R.A. No. 7941). On the same day, the COMELEC denied reconsideration during the
proceedings of the NBC.11
Aside from the thirteen party-list organizations proclaimed on 9 July 2007, the COMELEC
proclaimed three other party-list organizations as qualified parties entitled to one guaranteed
seat under the Party-List System: Agricultural Sector Alliance of the Philippines, Inc.
(AGAP),12 Anak Mindanao (AMIN),13 and An Waray.14 Per the certification15by COMELEC, the
following party-list organizations have been proclaimed as of 19 May 2008:
 Party-List No. of Seat(s) Bayan Muna, A Teacher, and Abono, on the other hand, raised the following issues in their
petition:
1.1 Buhay 3
1.2 Bayan Muna 2 I. Respondent Commission on Elections, acting as National Board of Canvassers,
committed grave abuse of discretion amounting to lack or excess of jurisdiction when
1.3 CIBAC 2 it promulgated NBC Resolution No. 07-60 to implement the First-Party Rule in the
allocation of seats to qualified party-list organizations as said rule:
1.4 Gabriela 2
1.5 APEC 2 A. Violates the constitutional principle of proportional representation.

1.6 A Teacher 1 B. Violates the provisions of RA 7941 particularly:

1.7 Akbayan 1
1. The 2-4-6 Formula used by the First Party Rule in allocating
1.8 Alagad 1 additional seats for the "First Party" violates the principle of
1.9 Butil 1 proportional representation under RA 7941.

1.10 Coop-Natco [sic] 1 2. The use of two formulas in the allocation of additional seats, one
1.11 Anak Pawis 1 for the "First Party" and another for the qualifying parties, violates
Section 11(b) of RA 7941.
1.12 ARC 1
3. The proportional relationships under the First Party Rule are
1.13 Abono 1
different from those required under RA 7941;
1.14 AGAP 1
C. Violates the "Four Inviolable Parameters" of the Philippine party-list
1.15 AMIN 1 system as provided for under the same case of Veterans Federation Party, et
al. v. COMELEC.
The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan
(BATAS), against which an Urgent Petition for Cancellation/Removal of Registration and II. Presuming that the Commission on Elections did not commit grave abuse of
Disqualification of Party-list Nominee (with Prayer for the Issuance of Restraining Order) has discretion amounting to lack or excess of jurisdiction when it implemented the First-
been filed before the COMELEC, was deferred pending final resolution of SPC No. 07-250. Party Rule in the allocation of seats to qualified party-list organizations, the same
being merely in consonance with the ruling in Veterans Federations Party, et al. v.
Issues COMELEC, the instant Petition is a justiciable case as the issues involved herein are
constitutional in nature, involving the correct interpretation and implementation of RA
BANAT brought the following issues before this Court: 7941, and are of transcendental importance to our nation.17

1. Is the twenty percent allocation for party-list representatives provided in Section
5(2), Article VI of the Constitution mandatory or is it merely a ceiling?
2. Is the three-seat limit provided in Section 11(b) of RA 7941 constitutional?
3. Is the two percent threshold and "qualifier" votes prescribed by the same Section
11(b) of RA 7941 constitutional?
4. How shall the party-list representatives be allocated?16
Considering the allegations in the petitions and the comments of the parties in these
cases, we defined the following issues in our advisory for the oral arguments set on
22 April 2008:
1. Is the twenty percent allocation for party-list representatives in Section
5(2), Article VI of the Constitution mandatory or merely a ceiling?
2. Is the three-seat limit in Section 11(b) of RA 7941 constitutional?

Page 6 of 14
 3. Is the two percent threshold prescribed in Section 11(b) of RA 7941 to
qualify for one seat constitutional?
4. How shall the party-list representative seats be allocated?
5. Does the Constitution prohibit the major political parties from participating
in the party-list elections? If not, can the major political parties be barred from
participating in the party-list elections?18
The Ruling of the Court
The petitions have partial merit. We maintain that a Philippine-style party-list election has at
least four inviolable parameters as clearly stated in Veterans. For easy reference, these are:
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 — each qualified party, regardless of the number of votes it
actually obtained, 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."19
However, because the formula in Veterans has flaws in its mathematical interpretation of the
term "proportional representation," this Court is compelled to revisit the formula for the
allocation of additional seats to party-list organizations.
Number of Party-List Representatives:
The Formula Mandated by the Constitution
Section 5, Article VI of the Constitution provides:
Section 5. (1) The House of Representatives shall be composed of not more than two
hundred and fifty members, unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area
in accordance with the number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations.
Page 7 of 14
(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party-list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.
The first paragraph of Section 11 of R.A. No. 7941 reads:
Section 11. Number of Party-List Representatives. — The party-list representatives shall
constitute twenty per centum (20%) of the total number of the members of the House of
Representatives including those under the party-list.
xxx
Section 5(1), Article VI of the Constitution states that the "House of Representatives shall be
composed of not more than two hundred and fifty members, unless otherwise fixed by law."
The House of Representatives shall be composed of district representatives and party-list
representatives. The Constitution allows the legislature to modify the number of the members
of the House of Representatives.1avvphi1.zw+
Section 5(2), Article VI of the Constitution, on the other hand, states the ratio of party-list
representatives to the total number of representatives. We compute the number of seats
available to party-list representatives from the number of legislative districts. On this point, we
do not deviate from the first formula in Veterans, thus:
Number of seats 
available to legislative districts Number of seats available to
x .20 = party-list representatives
.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. Since the 14th Congress
of the Philippines has 220 district representatives, there are 55 seats available to party-list
representatives.
22
0
x .20 = 55
.80
After prescribing the ratio of the number of party-list representatives to the total number of
representatives, the Constitution left the manner of allocating the seats available to
party-list representatives to the wisdom of the legislature.
Allocation of Seats for Party-List Representatives:
The Statutory Limits Presented by the Two Percent Threshold  as prescribed by Section 5, Article VI of the Constitution, Section 11 (1st par.) of RA
and the Three-Seat Cap
All parties agree on the formula to determine the maximum number of seats reserved under
the Party-List System, as well as on the formula to determine the guaranteed seats to party-
list candidates garnering at least two-percent of the total party-list votes. However, there are
numerous interpretations of the provisions of R.A. No. 7941 on the allocation of "additional
seats" under the Party-List System. Veterans produced the First Party Rule,20 and Justice
Vicente V. Mendoza’s dissent in Veterans presented Germany’s Niemeyer formula21 as an
alternative.
The Constitution left to Congress the determination of the manner of allocating the seats for
party-list representatives. Congress enacted R.A. No. 7941, paragraphs (a) and (b) of Section
11 and Section 12 of which provide:
Section 11. Number of Party-List Representatives. — x x x
In determining the allocation of seats for the second vote,22 the following procedure shall be
observed:
(a) The parties, organizations, and coalitions shall be ranked from the highest to the
lowest based on the number of votes they garnered during the elections.
(b) The 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 seat
each: Provided, That those garnering more than two percent (2%) of the votes
shall be entitled to additional seats in proportion to their total number of
votes:Provided, finally, That each party, organization, or coalition shall be entitled to
not more than three (3) seats.
Section 12. Procedure in Allocating Seats for Party-List Representatives. — The COMELEC
shall tally all the votes for the parties, organizations, or coalitions on a nationwide basis, rank
them according to the number of votes received and allocate party-list representatives
proportionately according to the percentage of votes obtained by each party, organization, or
coalition as against the total nationwide votes cast for the party-list system. (Emphasis
supplied)
In G.R. No. 179271, BANAT presents two interpretations through three formulas to allocate
party-list representative seats.
Page 8 of 14
The first interpretation allegedly harmonizes the provisions of Section 11(b) on the 2%
requirement with Section 12 of R.A. No. 7941. BANAT described this procedure as follows:
(a) The party-list representatives shall constitute twenty percent (20%) of the total
Members of the House of Representatives including those from the party-list groups
7941 and Comelec Resolution No. 2847 dated 25 June 1996. Since there are 220
District Representatives in the 14th Congress, there shall be 55 Party-List
Representatives. All seats shall have to be proclaimed.
(b) All party-list groups shall initially be allotted one (1) seat for every two per centum
(2%) of the total party-list votes they obtained; provided, that no party-list groups shall
have more than three (3) seats (Section 11, RA 7941).
(c) The remaining seats shall, after deducting the seats obtained by the party-list
groups under the immediately preceding paragraph and after deducting from their
total the votes corresponding to those seats, the remaining seats shall be allotted
proportionately to all the party-list groups which have not secured the maximum three
(3) seats under the 2% threshold rule, in accordance with Section 12 of RA 7941.23
Forty-four (44) party-list seats will be awarded under BANAT’s first interpretation.
The second interpretation presented by BANAT assumes that the 2% vote requirement is
declared unconstitutional, and apportions the seats for party-list representatives by following
Section 12 of R.A. No. 7941. BANAT states that the COMELEC:
(a) shall tally all the votes for the parties, organizations, or coalitions on a nationwide
basis;
(b) rank them according to the number of votes received; and,
(c) allocate party-list representatives proportionately according to the percentage of
votes obtained by each party, organization or coalition as against the total nationwide
votes cast for the party-list system.24
BANAT used two formulas to obtain the same results: one is based on the proportional
percentage of the votes received by each party as against the total nationwide party-list
votes, and the other is "by making the votes of a party-list with a median percentage of votes
as the divisor in computing the allocation of seats."25 Thirty-four (34) party-list seats will be
awarded under BANAT’s second interpretation.
In G.R. No. 179295, Bayan Muna, Abono, and A Teacher criticize both the COMELEC’s
original 2-4-6 formula and the Veterans formula for systematically preventing all the party-list
seats from being filled up. They claim that both formulas do not factor in the total number of
seats alloted for the entire Party-List System. Bayan Muna, Abono, and A Teacher reject the
14 ABONO 339,990 61 BAGO
three-seat cap, but accept the 2% threshold. After determining the qualified parties, a second
percentage is generated by dividing the votes of a qualified party by the total votes of all 15 AMIN 338,185 62 BANDILA
qualified parties only. The number of seats allocated to a qualified party is computed by
multiplying the total party-list seats available with the second percentage. There will be a first 16 AGAP 328,724 63 AHON
round of seat allocation, limited to using the whole integers as the equivalent of the number of
seats allocated to the concerned party-list. After all the qualified parties are given their seats, 17 AN WARAY 321,503 64 ASAHAN MO
a second round of seat allocation is conducted. The fractions, or remainders, from the whole
integers are ranked from highest to lowest and the remaining seats on the basis of this 18 YACAP 310,889 65 AGBIAG!
ranking are allocated until all the seats are filled up.26 19 FPJPM 300,923 66 SPI

We examine what R.A. No. 7941 prescribes to allocate seats for party-list representatives. 20 UNI-MAD 245,382 67 BAHANDI

21 ABS 235,086 68 ADD

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. 22 KAKUSA 228,999 69 AMANG

Table 1. Ranking of the participating parties from the highest to the lowest based on the 23 KABATAAN 228,637 70 ABAY PARAK
number of votes garnered during the elections.27
24 ABA-AKO 218,818 71 BABAE KA

Votes 25 ALIF 217,822 72 SB

Rank Party Rank Party
Garnered
26 SENIOR CITIZENS 213,058 73 ASAP
1 BUHAY 1,169,234 48 KALAHI
27 AT 197,872 74 PEP
2 BAYAN MUNA 979,039 49 APOI
28 VFP 196,266 75 ABA ILONGGO
3 CIBAC 755,686 50 BP
29 ANAD 188,521 76 VENDORS
4 GABRIELA 621,171 51 AHONBAYAN
30 BANAT 177,028 77 ADD-TRIBAL
5 APEC 619,657 52 BIGKIS
31 ANG KASANGGA 170,531 78 ALMANA
6 A TEACHER 490,379 53 PMAP
32 BANTAY 169,801 79 AANGAT KA PILIPINO
7 AKBAYAN 466,112 54 AKAPIN
33 ABAKADA 166,747 80 AAPS
8 ALAGAD 423,149 55 PBA
34 1-UTAK 164,980 81 HAPI
9 COOP-NATCCO 409,883 56 GRECON
35 TUCP 162,647 82 AAWAS
10 BUTIL 409,160 57 BTM
36 COCOFED 155,920 83 SM
11 BATAS 385,810 58 A SMILE
37 AGHAM 146,032 84 AG
12 ARC 374,288 59 NELFFI
38 ANAK 141,817 85 AGING PINOY
13 ANAKPAWIS 370,261 60 AKSA
39 ABANSE! PINAY 130,356 86 APO

Page 9 of 14
 40 PM 119,054 87 BIYAYANG BUKID 9 COOP-NATCCO 409,883 2.57%

41 AVE 110,769 88 ATS 10 BUTIL 409,160 2.57%

42 SUARA 110,732 89 UMDJ 11 BATAS29 385,810 2.42%

43 ASSALAM 110,440 90 BUKLOD FILIPINA 12 ARC 374,288 2.35%

44 DIWA 107,021 91 LYPAD 13 ANAKPAWIS 370,261 2.32%

45 ANC 99,636 92 AA-KASOSYO 14 ABONO 339,990 2.13%

46 SANLAKAS 97,375 93 KASAPI 15 AMIN 338,185 2.12%

47 ABC 90,058 TOTAL 16 AGAP 328,724 2.06%

17 AN WARAY 321,503 2.02%

The first clause of 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   Total    
shall be entitled to one seat each." This clause guarantees a seat to the two-percenters. In
Table 2 below, we use the first 20 party-list candidates for illustration purposes. The 18 YACAP 310,889 1.95%
percentage of votes garnered by each party is arrived at by dividing the number of votes
19 FPJPM 300,923 1.89%
garnered by each party by 15,950,900, the total number of votes cast for all party-list
candidates. 20 UNI-MAD 245,382 1.54%

Table 2. The first 20 party-list candidates and their respective percentage of votes garnered
over the total votes for the party-list.28 From Table 2 above, we see that only 17 party-list candidates received at least 2% from the
total number of votes cast for party-list candidates. The 17 qualified party-list candidates, or
the two-percenters, are the party-list candidates that are "entitled to one seat each," or the
Votes Garnered over guaranteed seat. In this first round of seat allocation, we distributed 17 guaranteed seats.
Votes Guaranteed
Rank Party Total Votes for Party-
Garnered
List, in % The second clause of Section 11(b) of R.A. No. 7941 provides that "those garnering more
than two percent (2%) of the votes shall be entitled to additional seats in proportion to their
1 BUHAY 1,169,234 7.33%
total number of votes." This is where petitioners’ and intervenors’ problem with the formula
2 BAYAN MUNA 979,039 6.14% in Veterans lies. Veterans interprets the clause "in proportion to their total number of votes" to
be in proportion to the votes of the first party. This interpretation is contrary to the express
3 CIBAC 755,686 4.74% language of R.A. No. 7941.

4 GABRIELA 621,171 3.89% We rule that, in computing the allocation of additional seats, the continued operation of the
two percent threshold for the distribution of the additional seats as found in the second clause
5 APEC 619,657 3.88%
of Section 11(b) of R.A. No. 7941 is unconstitutional. This Court finds that the two percent
6 A TEACHER 490,379 3.07% threshold makes it mathematically impossible to achieve the maximum number of available
party list seats when the number of available party list seats exceeds 50. The continued
7 AKBAYAN 466,112 2.92% operation of the two percent threshold in the distribution of the additional seats frustrates the
attainment of the permissive ceiling that 20% of the members of the House of
8 ALAGAD 423,149 2.65% Representatives shall consist of party-list representatives.

Page 10 of 14
To illustrate: There are 55 available party-list seats. Suppose there are 50 million votes cast of the product of the percentage and of the remaining available seats corresponds to a party’s
for the 100 participants in the party list elections. A party that has two percent of the votes share in the remaining available seats. Second, we assign one party-list seat to each of the
cast, or one million votes, gets a guaranteed seat. Let us further assume that the first 50 parties next in rank until all available seats are completely distributed. We distributed all of the
parties all get one million votes. Only 50 parties get a seat despite the availability of 55 seats. remaining 38 seats in the second round of seat allocation. Finally, we apply the three-seat
Because of the operation of the two percent threshold, this situation will repeat itself even if cap to determine the number of seats each qualified party-list candidate is entitled. Thus:
we increase the available party-list seats to 60 seats and even if we increase the votes cast
to 100 million. Thus, even if the maximum number of parties get two percent of the votes for Table 3. Distribution of Available Party-List Seats
every party, it is always impossible for the number of occupied party-list seats to exceed 50
seats as long as the two percent threshold is present.
Votes
We therefore strike down the two percent threshold only in relation to the distribution of the Garnered
Guaranteed Additional (B) plus
additional seats as found in the second clause of Section 11(b) of R.A. No. 7941. The two over Ap
Seat Seats (C), in
percent threshold presents an unwarranted obstacle to the full implementation of Section Votes Total the
Rank Party (First (Second whole
5(2), Article VI of the Constitution and prevents the attainment of "the broadest possible Garnered Votes for se
Round) Round) integers
representation of party, sectoral or group interests in the House of Representatives."30 Party List,
(B) (C) (D)
in %
(A)
In determining the allocation of seats for party-list representatives under Section 11 of R.A.
No. 7941, the following procedure shall be observed: 1 BUHAY 1,169,234 7.33% 1 2.79 3 N

1. The parties, organizations, and coalitions shall be ranked from the highest to the BAYAN
2 979,039 6.14% 1 2.33 3 N
lowest based on the number of votes they garnered during the elections. MUNA

3 CIBAC 755,686 4.74% 1 1.80 2 N

2. The 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 guaranteed seat each. 4 GABRIELA 621,171 3.89% 1 1.48 2 N

3. Those garnering sufficient number of votes, according to the ranking in paragraph 5 APEC 619,657 3.88% 1 1.48 2 N
1, shall be entitled to additional seats in proportion to their total number of votes until
6 A Teacher 490,379 3.07% 1 1.17 2 N
all the additional seats are allocated.
7 AKBAYAN 466,112 2.92% 1 1.11 2 N
4. Each party, organization, or coalition shall be entitled to not more than three (3)
seats. 8 ALAGAD 423,149 2.65% 1 1.01 2 N

COOP-
In computing the additional seats, the guaranteed seats shall no longer be included because 931 409,883 2.57% 1 1 2 N
NATCCO
they have already been allocated, at one seat each, to every two-percenter. Thus, the
remaining available seats for allocation as "additional seats" are the maximum seats reserved 10 BUTIL 409,160 2.57% 1 1 2 N
under the Party List System less the guaranteed seats. Fractional seats are disregarded in
the absence of a provision in R.A. No. 7941 allowing for a rounding off of fractional seats. 11 BATAS 385,810 2.42% 1 1 2 N

In declaring the two percent threshold unconstitutional, we do not limit our allocation of 12 ARC 374,288 2.35% 1 1 2 N
additional seats in Table 3 below to the two-percenters. The percentage of votes garnered by 13 ANAKPAWIS 370,261 2.32% 1 1 2 N
each party-list candidate is arrived at by dividing the number of votes garnered by each party
by 15,950,900, the total number of votes cast for party-list candidates. There are two steps in 14 ABONO 339,990 2.13% 1 1 2 N
the second round of seat allocation. First, the percentage is multiplied by the remaining
available seats, 38, which is the difference between the 55 maximum seats reserved under 15 AMIN 338,185 2.12% 1 1 2 N
the Party-List System and the 17 guaranteed seats of the two-percenters. The whole integer

Page 11 of 14
 for one whole seat, in no case to exceed a total of three seats for each party, are shown in
16 AGAP 328,724 2.06% 1 1 2
column (D).
17 AN WARAY 321,503 2.02% 1 1 2
Participation of Major Political Parties in Party-List Elections
18 YACAP 310,889 1.95% 0 1 1

19 FPJPM 300,923 1.89% 0 1 1 The Constitutional Commission adopted a multi-party system that allowed all political
parties to participate in the party-list elections. The deliberations of the Constitutional
20 UNI-MAD 245,382 1.54% 0 1 1 Commission clearly bear this out, thus:

21 ABS 235,086 1.47% 0 1 1 MR. MONSOD. Madam President, I just want to say that we suggested or proposed the party
list system because we wanted to open up the political system to a pluralistic society through
22 KAKUSA 228,999 1.44% 0 1 1
a multiparty system. x x x We are for opening up the system, and we would like very
23 KABATAAN 228,637 1.43% 0 1 1 much for the sectors to be there. That is why one of the ways to do that is to put a
ceiling on the number of representatives from any single party that can sit within the
24 ABA-AKO 218,818 1.37% 0 1 1 50 allocated under the party list system. x x x.

25 ALIF 217,822 1.37% 0 1 1 xxx

SENIOR
26 213,058 1.34% 0 1 1 MR. MONSOD. Madam President, the candidacy for the 198 seats is not limited to political
CITIZENS
parties. My question is this: Are we going to classify for example Christian Democrats and
27 AT 197,872 1.24% 0 1 1 Social Democrats as political parties? Can they run under the party list concept or must they
be under the district legislation side of it only?
28 VFP 196,266 1.23% 0 1 1

29 ANAD 188,521 1.18% 0 1 1 MR. VILLACORTA. In reply to that query, I think these parties that the Commissioner
mentioned can field candidates for the Senate as well as for the House of
30 BANAT 177,028 1.11% 0 1 1 Representatives. Likewise, they can also field sectoral candidates for the 20 percent or
30 percent, whichever is adopted, of the seats that we are allocating under the party
ANG list system.
31 170,531 1.07% 0 1 1
KASANGGA
MR. MONSOD. In other words, the Christian Democrats can field district candidates and can
32 BANTAY 169,801 1.06% 0 1 1
also participate in the party list system?
33 ABAKADA 166,747 1.05% 0 1 1
MR. VILLACORTA. Why not? When they come to the party list system, they will be
34 1-UTAK 164,980 1.03% 0 1 1 fielding only sectoral candidates.
35 TUCP 162,647 1.02% 0 1 1
MR. MONSOD. May I be clarified on that? Can UNIDO participate in the party list system?
36 COCOFED 155,920 0.98% 0 1 1
MR. VILLACORTA. Yes, why not? For as long as they field candidates who come from
Total 17 55 the different marginalized sectors that we shall designate in this Constitution.

Applying the procedure of seat allocation as illustrated in Table 3 above, there are 55 party- MR. MONSOD. Suppose Senator Tañada wants to run under BAYAN group and says that he
list representatives from the 36 winning party-list organizations. All 55 available party-list represents the farmers, would he qualify?
seats are filled. The additional seats allocated to the parties with sufficient number of votes
MR. VILLACORTA. No, Senator Tañada would not qualify.

Page 12 of 14
MR. MONSOD. But UNIDO can field candidates under the party list system and say Juan
dela Cruz is a farmer. Who would pass on whether he is a farmer or not?
MR. TADEO. Kay Commissioner Monsod, gusto ko lamang linawin ito. Political parties,
particularly minority political parties, are not prohibited to participate in the party list
election if they can prove that they are also organized along sectoral lines.
MR. MONSOD. What the Commissioner is saying is that all political parties can participate
because it is precisely the contention of political parties that they represent the broad base of
citizens and that all sectors are represented in them. Would the Commissioner agree?
MR. TADEO. Ang punto lamang namin, pag pinayagan mo ang UNIDO na isang political
party, it will dominate the party list at mawawalang saysay din yung sector. Lalamunin mismo
ng political parties ang party list system. Gusto ko lamang bigyan ng diin ang "reserve." Hindi
ito reserve seat sa marginalized sectors. Kung titingnan natin itong 198 seats, reserved din
ito sa political parties.
MR. MONSOD. Hindi po reserved iyon kasi anybody can run there. But my question to
Commissioner Villacorta and probably also to Commissioner Tadeo is that under this system,
would UNIDO be banned from running under the party list system?
MR. VILLACORTA. No, as I said, UNIDO may field sectoral candidates. On that condition
alone, UNIDO may be allowed to register for the party list system.
MR. MONSOD. May I inquire from Commissioner Tadeo if he shares that answer?
MR. TADEO. The same.
MR. VILLACORTA. Puwede po ang UNIDO, pero sa sectoral lines.
xxxx
MR. OPLE. x x x In my opinion, this will also create the stimulus for political parties and mass
organizations to seek common ground. For example, we have the PDP-Laban and the
UNIDO. I see no reason why they should not be able to make common goals with mass
organizations so that the very leadership of these parties can be transformed through the
participation of mass organizations. And if this is true of the administration parties, this will be
true of others like the Partido ng Bayan which is now being formed. There is no question that
they will be attractive to many mass organizations. In the opposition parties to which we
belong, there will be a stimulus for us to contact mass organizations so that with their
participation, the policies of such parties can be radically transformed because this
amendment will create conditions that will challenge both the mass organizations and the
political parties to come together. And the party list system is certainly available, although it is
open to all the parties. It is understood that the parties will enter in the roll of the COMELEC
Page 13 of 14
the names of representatives of mass organizations affiliated with them. So that we may, in
time, develop this excellent system that they have in Europe where labor organizations and
cooperatives, for example, distribute themselves either in the Social Democratic Party and
the Christian Democratic Party in Germany, and their very presence there has a transforming
effect upon the philosophies and the leadership of those parties.
It is also a fact well known to all that in the United States, the AFL-CIO always vote with the
Democratic Party. But the businessmen, most of them, always vote with the Republican
Party, meaning that there is no reason at all why political parties and mass organizations
should not combine, reenforce, influence and interact with each other so that the very
objectives that we set in this Constitution for sectoral representation are achieved in a wider,
more lasting, and more institutionalized way. Therefore, I support this [Monsod-Villacorta]
amendment. It installs sectoral representation as a constitutional gift, but at the same time, it
challenges the sector to rise to the majesty of being elected representatives later on through
a party list system; and even beyond that, to become actual political parties capable of
contesting political power in the wider constitutional arena for major political parties.
x x x 32 (Emphasis supplied)
R.A. No. 7941 provided the details for the concepts put forward by the Constitutional
Commission. Section 3 of R.A. No. 7941 reads:
Definition of Terms. (a) The party-list system is a mechanism of proportional representation in
the election of representatives to the House of Representatives from national, regional and
sectoral parties or organizations or coalitions thereof registered with the Commission on
Elections (COMELEC). Component parties or organizations of a coalition may participate
independently provided the coalition of which they form part does not participate in the party-
list system.
(b) A party means either a political party or a sectoral party or a coalition of parties.
(c) A political party refers to an organized group of citizens advocating an ideology or
platform, principles and policies for the general conduct of government and which, as
the most immediate means of securing their adoption, regularly nominates 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. 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.
(d) A sectoral party refers to an organized group of citizens belonging to any of the
sectors enumerated in Section 5 hereof whose principal advocacy pertains to the
special interests and concerns of their sector,
 (e) A sectoral organization refers to a group of citizens or a coalition of groups of
citizens who share similar physical attributes or characteristics, employment,
interests or concerns.
(f) A coalition refers to an aggrupation of duly registered national, regional, sectoral
parties or organizations for political and/or election purposes.
Congress, in enacting R.A. No. 7941, put the three-seat cap to prevent any party from
dominating the party-list elections.
Neither the Constitution nor R.A. No. 7941 prohibits major political parties from participating
in the party-list system. On the contrary, the framers of the Constitution clearly intended the
major political parties to participate in party-list elections through their sectoral wings. In fact,
the members of the Constitutional Commission voted down, 19-22, any permanent sectoral
seats, and in the alternative the reservation of the party-list system to the sectoral groups.33In
defining a "party" that participates in party-list elections as either "a political party or a sectoral
party," R.A. No. 7941 also clearly intended that major political parties will participate in the
party-list elections. Excluding the major political parties in party-list elections is manifestly
against the Constitution, the intent of the Constitutional Commission, and R.A. No. 7941. This
Court cannot engage in socio-political engineering and judicially legislate the exclusion of
major political parties from the party-list elections in patent violation of the Constitution and
the law.
Read together, R.A. No. 7941 and the deliberations of the Constitutional Commission state
that major political parties are allowed to establish, or form coalitions with, sectoral
organizations for electoral or political purposes. There should not be a problem if, for
example, the Liberal Party participates in the party-list election through the Kabataang Liberal
ng Pilipinas (KALIPI), its sectoral youth wing. The other major political parties can thus
organize, or affiliate with, their chosen sector or sectors. To further illustrate, the Nacionalista
Party can establish a fisherfolk wing to participate in the party-list election, and this fisherfolk
wing can field its fisherfolk nominees. Kabalikat ng Malayang Pilipino (KAMPI) can do the
same for the urban poor.
The qualifications of party-list nominees are prescribed in Section 9 of R.A. No. 7941:
Qualifications of Party-List Nominees.  — No person shall be nominated as party-list
representative unless he is a natural born citizen of the Philippines, a registered voter, a
resident of the Philippines for a period of not less than one (1) year immediately preceding
the day of the elections, able to read and write, bona fide member of the party or organization
which he seeks to represent for at least ninety (90) days preceding the day of the election,
and is at least twenty-five (25) years of age on the day of the election.
In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more
than thirty (30) years of age on the day of the election. Any youth sectoral representative who
Page 14 of 14
attains the age of thirty (30) during his term shall be allowed to continue until the expiration of
his term.
Under Section 9 of R.A. No. 7941, it is not necessary that the party-list organization’s
nominee "wallow in poverty, destitution and infirmity"34 as there is no financial status required
in the law. It is enough that the nominee of the sectoral party/organization/coalition belongs to
the marginalized and underrepresented sectors,35 that is, if the nominee represents the
fisherfolk, he or she must be a fisherfolk, or if the nominee represents the senior citizens, he
or she must be a senior citizen.
Neither the Constitution nor R.A. No. 7941 mandates the filling-up of the entire 20% allocation
of party-list representatives found in the Constitution. The Constitution, in paragraph 1,
Section 5 of Article VI, left the determination of the number of the members of the House of
Representatives to Congress: "The House of Representatives shall be composed of not more
than two hundred and fifty members, unless otherwise fixed by law, x x x." The 20%
allocation of party-list representatives is merely a ceiling; party-list representatives cannot be
more than 20% of the members of the House of Representatives. However, we cannot allow
the continued existence of a provision in the law which will systematically prevent the
constitutionally allocated 20% party-list representatives from being filled. The three-seat cap,
as a limitation to the number of seats that a qualified party-list organization may occupy,
remains a valid statutory device that prevents any party from dominating the party-list
elections. Seats for party-list representatives shall thus be allocated in accordance with the
procedure used in Table 3 above.
However, by a vote of 8-7, the Court decided to continue the ruling in Veterans disallowing
major political parties from participating in the party-list elections, directly or indirectly. Those
who voted to continue disallowing major political parties from the party-list elections joined
Chief Justice Reynato S. Puno in his separate opinion. On the formula to allocate party-list
seats, the Court is unanimous in concurring with this ponencia.
WHEREFORE, we PARTIALLY GRANT the petition. We SET ASIDE the Resolution of the
COMELEC dated 3 August 2007 in NBC No. 07-041 (PL) as well as the Resolution dated 9
July 2007 in NBC No. 07-60. We declare unconstitutional the two percent threshold in the
distribution of additional party-list seats. The allocation of additional seats under the Party-List
System shall be in accordance with the procedure used in Table 3 of this Decision. Major
political parties are disallowed from participating in party-list elections. This Decision is
immediately executory. No pronouncement as to costs.
SO ORDERED.