(BANAT), Petitioner, vs.

COMELEC, respondents
FACTS:
● On 27 June 2002, the Barangay Association for National Advancement and Transparency
(BANAT) filed before the National Board of Canvassers (NBC), a Petition to Proclaim the Full
Number of Party-List Representatives Provided by the Constitution.
BANAT filed its petition because "[t]he Chairman and the Members of the [COMELEC] have
recently been quoted in the national papers that the [COMELEC] is duty bound to and shall
implement the Veterans ruling, that is, would apply the Panganiban formula in allocating party-
list seats".

 In July and August 2007, the COMELEC, sitting as the National Board of Canvassers, made
a partial proclamation of the winners in the party-list elections which were held in May 2007.
In proclaiming the winners and apportioning their seats, the COMELEC considered the
following rules:
1. In the lower house, 80% shall comprise the seats for legislative districts,
while the 20% shall come from party-list representatives (Sec. 5, Article VI,
1987 Constitution);
2. Pursuant to Sec.11(b) of R.A. 7941 or the Party-List System Act, a party -list
which garners at least 2% of the total votes cast in the party-list shall be
entitled to one seat;
3. If a party-list garners at least 4% then it is entitled for 2 seats; if it garners at
least 6%, then it garners 3 seats – this is pursuant to 2-4-6 rule or the
Panganiban Formula from the Veterans Federation Party vs COMELEC
4. If no way shall a party be given more than three seats even if it garners more
than 6% of the votes case for the party-list election (3 seat cap rule, same
case).
 The BANAT, a party-list candidate, questioned the proclamation as well as the formula being
used. BANAT averred that the 2% threshold is invalid; SEC. 11 od R.A 7941 should be held
unconstitutional, because its provision that a party-list, to qualify for a congressional seat by
the Constitution. Further, the 2% rule creates a mathematical impossibility to meet the 20%
party-list seat prescribed by the constitution.
 BANAT Also questions if the 20% rule is a mere ceiling or is it mandatory. If it is mandatory,
then with the 2% qualifying vote, there would be instances when it would be impossible to fill
the prescribed 20% share of party-list in the lower house. BANAT also proposes a new
computation.
 ON the other hand, BAYAN MUNA, another party-list candidate, questions the validity of the
three-seat rule (Sec. 11(a) of R.A 7941). It also raised the issue whether or not major political
parties are allowed to participate in the party-list elections and whether or not said elections
are limited to sectorial parties.

ISSUES:

RULING:


DISPOSITIVE PROVISION:

IMPORTANT NOTES:

VOCABULARY WORDS: