G.R. No.

179271

April 21, 2009

BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND TRANSPARENCY (BANAT), Petitioner, 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, 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 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 completion of the canvass of the party-list results, it would determine the total number of 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] 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."7 There were no intervenors in BANAT’s petition before the NBC. BANAT filed a memorandum on 19 July 2007.

finally. canvass deferred)-1.730 3-CIBAC-760.046 . Luzon Farmers Party (BUTIL). Pantar.-Total party-list votes remaining uncanvassed/ untabulated (i. WHEREAS. promulgated NBC Resolution No.076 9-BUTIL-405.032 iii.451 5-APEC-538. in Citizen’s Battle Against Corruption (CIBAC) versus COMELEC. and Abono.036 13-ARC-338. Bais City. Gabriela’s Women Party (Gabriela).052 10-COOP-NATCO-390.121 WHEREAS. Akbayan! Citizen’s Action Party (AKBAYAN). organizations. 07-60 in its entirety below: WHEREAS. as of 03 July 2007.163.-Maximum party-list votes (based on 100% outcome) from areas not yet submitted for canvass (Bogo. or coalition shall be entitled to not more than three (3) seats.430 -Maximum Total Party-List Votes-16. Maguindanao)-102.872 8-ALAGAD-423.462) votes.218 2-BAYAN MUNA-972. namely: Buhay Hayaan Yumabong (BUHAY). in connection with the National and Local Elections conducted last 14 May 2007.283.e. that each party.283. Section 11 of Republic Act No. Alagad. 7941 (Party-List System Act) provides in part: The parties. sitting as the NBC.659) votes under the Party-List System of Representation. WHEREAS. Bayan Muna.260 4-GABRIELA -610. WHEREAS. thru its Sub-Committee for PartyList. the COMELEC. NBC Resolution No.462) votes are as follows: RANK-PARTY/ORGANIZATION/ COALITION-VOTES RECEIVED 1-BUHAY-1. Alliance of Rural Concerns (ARC).723.029 11-BATAS-386. and coalitions that have thus far garnered at least three hundred thirty four thousand four hundred sixty-two (334.659 ii. organization. the Commission on Elections sitting en banc as National Board of Canvassers. for the 2007 Elections. Anak Pawis. WHEREAS. 07-60 proclaimed thirteen (13) parties as winners in the party-list elections.194 14-ABONO-337. reiterated its ruling in Veterans Federation Party versus COMELEC adopting a formula for the additional seats of each party.337.036 7-AKBAYAN-470. A Teacher. Citizens’ Battle Against Corruption (CIBAC). in open and public proceedings. stating that the same shall be determined only after all party-list ballots have been completely canvassed.On 9 July 2007. based on the above projected total of party-list votes. organization or coalition receving more than the required two percent (2%) votes. 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. Association of Philippine Electric Cooperatives (APEC).723. and Pagalungan. We quote NBC Resolution No. 07-60. Cooperative-Natco Network Party (COOP-NATCCO). Cebu.121) votes given the following statistical data: Projected/Maximum Party-List Votes for May 2007 Elections i. the Supreme Court. 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. organizations.361 12-ANAK PAWIS-376.971 6-A TEACHER-476. the parties. 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.-Total party-list votes already canvassed/tabulated-15. had officially canvassed. Lanao del Norte. the presumptive two percent (2%) threshold can be pegged at three hundred thirty four thousand four hundred sixty-two (334. a total of fifteen million two hundred eighty three thousand six hundred fifty-nine (15.

Finally. Executive Order No. subject to certain conditions set forth below.-A TEACHER 7-Akbayan! Citizen’s Action Party-AKBAYAN 8-Alagad-ALAGAD 9-Luzon Farmers Party-BUTIL 10-Cooperative-Natco Network Party-COOP-NATCCO 11-Anak Pawis-ANAKPAWIS 12-Alliance of Rural Concerns-ARC 13-Abono-ABONO This is without prejudice to the proclamation of other parties. THEREFORE. The total number of seats of each winning party. all the parties. organizations and coalitions included in the aforementioned list are therefore entitled to at least one seat under the partylist system of representation in the meantime. the Commission on Elections.WHEREAS. votes canvassed but not included in Report No. organizations and coalition[s] are as follows: -Party-List-Projected total number of votes . 6646. WHEREAS. and that the projected maximum total votes for the thirteen (13) qualified parties. is 16. the COMELEC. the Omnibus Election Code. 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. on July 9. except for Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS). Inc.8 (Emphasis in the original) Pursuant to NBC Resolution No. by virtue of the powers vested in it by the Constitution. and were thus given one (1) guaranteed partylist seat each. 29. docketed as SPC No. votes received but uncanvassed. and other election laws. 07-60. 144.462 votes from the projected maximum total number of party-list votes of 16. hereby RESOLVES to PARTIALLY PROCLAIM. acting as NBC. 07-72. furnishing a copy thereof to the Speaker of the House of Representatives of the Philippines. NOW. per Report of the Tabulation Group and Supervisory Committee of the National Board of Canvassers. Republic Act Nos. or coalitions which may later on be established to have obtained at least two percent (2%) of the total actual votes cast under the Party-List System. organizations and coalitions with pending disputes shall likewise be held in abeyance until final resolution of their respective cases.261. Lanao del Norte. all proclamation of the nominees of concerned parties.121. SO ORDERED. 7941.723. promulgated NBC Resolution No. The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS) is hereby deferred until final resolution of SPC No. in order not to render the proceedings therein moot and academic. 7166. sitting en banc as the National Board of Canvassers. based on the votes actually canvassed. Let the Clerk of the Commission implement this Resolution. 2007. and maximum votes expected for Pantar. the Commission on Elections sitting en banc as the National Board of Canvassers proclaimed thirteen (13) qualified parties. which declared the additional seats allocated to the appropriate parties. as of July 11. the following parties. organizations and coalitions participating under the Party-List System: 1-Buhay Hayaan Yumabong-BUHAY 2-Bayan Muna-BAYAN MUNA 3-Citizens Battle Against Corruption-CIBAC 4-Gabriela Women’s Party-GABRIELA 5-Association of Philippine Electric Cooperatives-APEC 6-Advocacy for Teacher Empowerment Through Action. organizations.369. 07-250. 2007. Cooperation and Harmony Towards Educational Reforms. We quote from the COMELEC’s interpretation of the Veterans formula as found in NBC Resolution No. the projected maximum total party-list votes. organization[s] and coalitions based on the presumptive two percent (2%) threshold of 334. organization or coalition shall be determined pursuant to Veterans Federation Party versus COMELEC formula upon completion of the canvass of the party-list results. 07-250. 07-72: WHEREAS.

369-= -0. Buhay Hayaan Yumabong (Buhay) obtained the highest number of votes among the thirteen (13) qualified parties.07248 or 7.476 3-CIBAC-755.298 10-COOP-NATCO-412.190 9-BUTIL-409.178. WHEREAS. organizations and coalitions.178. in determining the additional seats for the "first party". organizations and coalitions. of votes of first party-x -No. as follows: Additional seats for a concerned party-= -No.151 WHEREAS.718 5-APEC-622.489 6-A TEACHER-492.369 7-AKBAYAN-462.1-BUHAY-1.261. of additional seats allocated to first party .165 12-ARC-375. the correct formula as expressed in Veterans. based on the above Report. qualified parties. in determining the additional seats for the other qualified parties.964 4-GABRIELA-621. the correct formula as expressed in Veterans and reiterated in CIBAC is. Buhay obtained the following percentage: 1.674 8-ALAGAD-423. WHEREAS.747 2-BAYAN MUNA-977. making it the "first party" in accordance with Veterans Federation Party versus COMELEC.920 11-ANAKPAWIS-370. 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.846 13-ABONO-340.747 16. WHEREAS.2% which entitles it to two (2) additional seats. applying the above formula. reiterated in Citizen’s Battle Against Corruption (CIBAC) versus COMELEC. of votes of concerned party No. is: Number of votes of first party Total votes for party-list system-= -Proportion of votes of first party relative to total votes for party-list system wherein the proportion of votes received by the first party (without rounding off) shall entitle it to additional seats: Proportion of votes received by the first party-Additional seats Equal to or at least 6%-Two (2) additional seats Equal to or greater than 4% but less than 6%-One (1) additional seat Less than 4%-No additional seat WHEREAS.

83-0 AKBAYAN-0.twenty percent (20%) -. Dalaig. Republic Act Nos. 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). to wit: Party List-Additional Seats BUHAY-2 BAYAN MUNA-1 CIBAC-1 GABRIELA-1 APEC-1 This is without prejudice to the proclamation of other parties. Head. to wit: 1.71-0 BUTIL-0.9 Acting on BANAT’s petition. Executive Order No. the Commission on Elections en banc sitting as the National Board of Canvassers.63-0 ABONO-0. organizations or coalitions as entitled to additional seats. Article VI of the Constitution shall be proclaimed. all proclamation of the nominees of concerned parties.WHEREAS. Finally. which reads: COMMENTS / OBSERVATIONS: Petitioner Barangay Association for National Advancement and Transparency (BANAT). or to the appropriate percentage of votes to entitle them to one (1) additional seat. That the full number -. Alioden D. Omnibus Election Code. as it hereby RESOLVES. to proclaim the following parties. Atty.05-1 A TEACHER-0. hereby RESOLVED. SO ORDERED.65-1 CIBAC-1.of Party-List representatives as mandated by Section 5. 7166. the NBC promulgated NBC Resolution No. . in its Petition to Proclaim the Full Number of Party-List Representatives Provided by the Constitution prayed for the following reliefs. Acting on the foregoing Petition of the Barangay Association for National Advancement and Transparency (BANAT) party-list. 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. organizations and coalitions with pending disputes shall likewise be held in abeyance until final resolution of their respective cases. organizations or coalitions which 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. applying the above formula. 144. 7941 and other elections laws.69-0 ANAKPAWIS-0.78-0 ALAGAD-0. the results are as follows: Party List-Percentage-Additional Seat BAYAN MUNA-1.05-1 APEC-1.69-0 COOP-NATCO-0.57-0 NOW THEREFORE. 07-88 on 3 August 2007. by virtue of the powers vested in it by the Constitution. 6646.62-0 ARC-0.28-1 GABRIELA-1. National Board of Canvassers Legal Group submitted his comments/observations and recommendation thereon [NBC 07-041 (PL)].

13 and An Waray.1-Buhay-3 1. acting as NBC. Dalaig. Let the Supervisory Committee implement this resolution. 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. In the alternative. 07-60 promulgated July 9. Paragraph (b). should be harmonized with Section 5.5-APEC-2 1. 7941).10 BANAT filed a petition for certiorari and mandamus assailing the ruling in NBC Resolution No. 2007 National and Local Elections" resolved among others that the total number of seats of each winning party. Organizations and Coalitions Participating Under the Party-List System During the May 14.2-Bayan Muna-2 1. R E C O M M E N D A T I O N: The petition of BANAT is now moot and academic. that is. Section 11 of RA 7941 which prescribes the 2% threshold votes.3-CIBAC-2 1. the COMELEC denied reconsideration during the proceedings of the NBC.11 Aside from the thirteen party-list organizations proclaimed on 9 July 2007. 7941 (R. to DENY the herein petition of BANAT for being moot and academic. Head. to reconsider its decision to use the Veterans formula as stated in its NBC Resolution No. premises considered. after deducting the corresponding votes of those which were allotted seats under the 2% threshold rule. No. NBC Legal Group. 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. 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. Initially. 07-88. The 3-seat limit prescribed by RA 7941 shall be applied. 07-88. Inc. 07-60 because the Veterans formula is violative of the Constitution and of Republic Act No. as it hereby RESOLVES. Alioden D. SO ORDERED. 7941 and that the procedure in allocating seats for party-list representative prescribed by Section 12 of RA 7941 shall be followed. In fine. 2007 re "In the Matter of the Canvass of Votes and Partial Proclamation of the Parties. and 4.2. The Commission En Banc in NBC Resolution No.4-Gabriela-2 1. 5. Bayan Muna.14 Per the certification15 by COMELEC."1awphi1 WHEREFORE. On 9 July 2007. which party-list groups are entitled to representative seats and how many of their nominees shall seat [sic]. shall be used for [the] purpose of determining how many seats shall be proclaimed. (AGAP).12 Anak Mindanao (AMIN). BANAT did not file a motion for reconsideration of NBC Resolution No. the National Board of Canvassers RESOLVED. 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. Abono. the formula/procedure prescribed in the "ALLOCATION OF PARTYLIST SEATS. On the same day. to declare as unconstitutional Section 11 of Republic Act No.A. 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.6-A Teacher-1 . 3. and A Teacher asked the COMELEC. the following party-list organizations have been proclaimed as of 19 May 2008: Party-List-No. ANNEX "A" of COMELEC RESOLUTION 2847 dated 25 June 1996. of Seat(s) 1. to approve and adopt the recommendation of Atty.

07-250. Presuming that the Commission on Elections did not commit grave abuse of discretion amounting to lack or excess of jurisdiction when it implemented the First-Party Rule in the allocation of seats to qualified partylist organizations. was deferred pending final resolution of SPC No. acting as National Board of Canvassers. one for the "First Party" and another for the qualifying parties. and are of transcendental importance to our nation. How shall the party-list representatives be allocated?16 Bayan Muna. involving the correct interpretation and implementation of RA 7941. II. raised the following issues in their petition: I. A Teacher. Violates the constitutional principle of proportional representation. The proportional relationships under the First Party Rule are different from those required under RA 7941. The 2-4-6 Formula used by the First Party Rule in allocating additional seats for the "First Party" violates the principle of proportional representation under RA 7941. The use of two formulas in the allocation of additional seats.10-Coop-Natco [sic]-1 1.11-Anak Pawis-1 1. v.13-Abono-1 1. Violates the provisions of RA 7941 particularly: 1. violates Section 11(b) of RA 7941. 07-60 to implement the First-Party Rule in the allocation of seats to qualified party-list organizations as said rule: A.12-ARC-1 1. Violates the "Four Inviolable Parameters" of the Philippine party-list system as provided for under the same case of Veterans Federation Party. committed grave abuse of discretion amounting to lack or excess of jurisdiction when it promulgated NBC Resolution No. Is the two percent threshold and "qualifier" votes prescribed by the same Section 11(b) of RA 7941 constitutional? 4. C. 3. and Abono. 2. COMELEC.8-Alagad-1 1. Is the three-seat limit provided in Section 11(b) of RA 7941 constitutional? 3. v.1. Issues BANAT brought the following issues before this Court: 1.15-AMIN-1 The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS). the same being merely in consonance with the ruling in Veterans Federations Party. B. et al. the instant Petition is a justiciable case as the issues involved herein are constitutional in nature. on the other hand.7-Akbayan-1 1. Respondent Commission on Elections.9-Butil-1 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? 2.17 . 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 COMELEC.14-AGAP-1 1. et al. COMELEC.

Article VI of the Constitution mandatory or merely a ceiling? 2. Does the Constitution prohibit the major political parties from participating in the party-list elections? If not. We maintain that a Philippine-style party-list election has at least four inviolable parameters as clearly stated in Veterans. and on the basis of a uniform and progressive ratio. that is. regardless of the number of votes it actually obtained. (2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party-list. and those who. Second. regional. one "qualifying" and two additional seats. peasant. including those elected under the party list." this Court is compelled to revisit the formula for the allocation of additional seats to party-list organizations. Article VI of the Constitution provides: Section 5. these are: First. 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. How shall the party-list representative seats be allocated? 5. and the Metropolitan Manila area in accordance with the number of their respective inhabitants. one-half of the seats allocated to party-list representatives shall be filled. is entitled to a maximum of three seats. we defined the following issues in our advisory for the oral arguments set on 22 April 2008: 1. 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. indigenous cultural communities."19 However. Fourth. and sectoral parties or organizations. (1) The House of Representatives shall be composed of not more than two hundred and fifty members. No. 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. For three consecutive terms after the ratification of this Constitution. urban poor. youth. because the formula in Veterans has flaws in its mathematical interpretation of the term "proportional representation. except the religious sector. and such other sectors as may be provided by law. For easy reference. as provided by law. shall be elected through a party-list system of registered national. proportional representation— the additional seats which a qualified party is entitled to shall be computed "in proportion to their total number of votes.Considering the allegations in the petitions and the comments of the parties in these cases. cities. who shall be elected from legislative districts apportioned among the provinces.A. women. unless otherwise fixed by law. by selection or election from the labor. Is the two percent threshold prescribed in Section 11(b) of RA 7941 to qualify for one seat constitutional? 4. The first paragraph of Section 11 of R. Is the twenty percent allocation for party-list representatives in Section 5(2). the three-seat limit — each qualified party. as provided by law. Is the three-seat limit in Section 11(b) of RA 7941 constitutional? 3. Number of Party-List Representatives: The Formula Mandated by the Constitution Section 5. Third. 7941 reads: .

That each party. Article VI of the Constitution.A. On this point. Article VI of the Constitution states that the "House of Representatives shall be composed of not more than two hundred and fifty members. organizations. finally." The House of Representatives shall be composed of district representatives and party-list representatives. there are numerous interpretations of the provisions of R. No. organizations. 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. we do not deviate from the first formula in Veterans. and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections. organization.zw+ Section 5(2). 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. — 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. paragraphs (a) and (b) of Section 11 and Section 12 of which provide: Section 11.1avvphi1. We compute the number of seats available to party-list representatives from the number of legislative districts. (b) The parties. Veterans produced the First Party Rule. Since the 14th Congress of the Philippines has 220 district representatives.80x .20 and Justice Vicente V. Number of Party-List Representatives. Number of Party-List Representatives.Section 11. Mendoza’s dissent in Veterans presented Germany’s Niemeyer formula21 as an alternative. the Constitution left the manner of allocating the seats available to party-list representatives to the wisdom of the legislature. or coalition shall be entitled to not more than three (3) seats. No. The Constitution allows the legislature to modify the number of the members of the House of Representatives. states the ratio of party-list representatives to the total number of representatives. — x x x In determining the allocation of seats for the second vote. xxx Section 5(1). 7941 on the allocation of "additional seats" under the Party-List System.20 =-55 After prescribing the ratio of the number of party-list representatives to the total number of representatives. Congress enacted R. thus: Number of seats available to legislative districts . . The Constitution left to Congress the determination of the manner of allocating the seats for party-list representatives. on the other hand. Allocation of Seats for Party-List Representatives: The Statutory Limits Presented by the Two Percent Threshold and the Three-Seat Cap All parties agree on the formula to determine the maximum number of seats reserved under the Party-List System. However. there are 55 seats available to party-list representatives. 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. unless otherwise fixed by law.80-x .22 the following procedure shall be observed: (a) The parties.20 = -Number of seats available to party-list representatives 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. 220 .A. 7941.

limited to using the whole integers as the equivalent of the number of seats allocated to the concerned party-list. (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.A. No. organization or coalition as against the total nationwide votes cast for the party-list system. 7941.A. or coalitions on a nationwide basis. provided.A.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. (Emphasis supplied) In G. The first interpretation allegedly harmonizes the provisions of Section 11(b) on the 2% requirement with Section 12 of R. 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. in accordance with Section 12 of RA 7941.A. from the whole integers are ranked from highest to lowest and the remaining seats on the basis of this ranking are allocated until all the seats are filled up. There will be a first round of seat allocation.23 Forty-four (44) party-list seats will be awarded under BANAT’s first interpretation. The number of seats allocated to a qualified party is computed by multiplying the total party-list seats available with the second percentage. All seats shall have to be proclaimed. 179271."25 Thirty-four (34) party-list seats will be awarded under BANAT’s second interpretation.26 We examine what R. No. that no party-list groups shall have more than three (3) seats (Section 11. organizations.) of RA 7941 and Comelec Resolution No.R. 2847 dated 25 June 1996. 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. 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 as prescribed by Section 5. No. and apportions the seats for party-list representatives by following Section 12 of R. a second percentage is generated by dividing the votes of a qualified party by the total votes of all qualified parties only. . In G. No. but accept the 2% threshold. 7941. and A Teacher reject the threeseat cap. 179295. organizations. 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. or remainders. Section 11(a) of R. The fractions. After all the qualified parties are given their seats. (b) rank them according to the number of votes received. a second round of seat allocation is conducted. No. and. Abono. Abono. 7941 prescribes to allocate seats for party-list representatives. Section 11 (1st par. 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. 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. 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. BANAT states that the COMELEC: (a) shall tally all the votes for the parties. After determining the qualified parties. (c) allocate party-list representatives proportionately according to the percentage of votes obtained by each party. — The COMELEC shall tally all the votes for the parties. Since there are 220 District Representatives in the 14th Congress. Article VI of the Constitution. BANAT presents two interpretations through three formulas to allocate party-list representative seats. or coalition as against the total nationwide votes cast for the party-list system.R. Procedure in Allocating Seats for Party-List Representatives. there shall be 55 Party-List Representatives. The second interpretation presented by BANAT assumes that the 2% vote requirement is declared unconstitutional. Bayan Muna. They claim that both formulas do not factor in the total number of seats alloted for the entire Party-List System. No. RA 7941). organization. (c) The remaining seats shall.Section 12. Bayan Muna.

915 44-DIWA-107.950.058--TOTAL-15.058-73-ASAP-34.028-77-ADD-TRIBAL-32.872 13-ANAKPAWIS-370.A.032-84-AG-16.160-57-BTM-60. Ranking of the participating parties from the highest to the lowest based on the number of votes garnered during the elections.637-70-ABAY PARAK-42.421 40-PM-119.382-67-BAHANDI-46.062 23-KABATAAN-228.386 3-CIBAC-755.993 11-BATAS-385.747-80-AAPS-26.980-81-HAPI-25.722 18-YACAP-310.822-72-SB-34.817-85-AGING PINOY-16.691 30-BANAT-177.375-93-KASAPI-6.288-59-NELFFI-57.946 36-COCOFED-155.200 7-AKBAYAN-466." This clause guarantees a seat to the twopercenters.903 29-ANAD-188.732-89-UMDJ-9.327 6-A TEACHER-490.471 45-ANC-99.837 19-FPJPM-300.744 37-AGHAM-146. we use the first 20 party-list candidates for illustration purposes. the total number of votes cast for all party-list candidates.169.846 15-AMIN-338.896 31-ANG KASANGGA-170.686-50-BP-78.883-56-GRECON-62.021-91-LYPAD-8.098 27-AT-197.872-74-PEP-33.255 32-BANTAY-169.724-63-AHON-54.801-79-AANGAT KA PILIPINO-29.379-53-PMAP-75.234-48-KALAHI-88.916 38-ANAK-141.889-65-AGBIAG!-50.657-52-BIGKIS-77.086-68-ADD-45.241 41-AVE-110. 7941 states that "parties.012 14-ABONO-339.440-90-BUKLOD FILIPINA-8.171-51-AHONBAYAN-78.781 35-TUCP-162.686 8-ALAGAD-423.636-92-AA-KASOSYO-8.818-71-BABAE KA-36.717 12-ARC-374.406 46-SANLAKAS-97.424 5-APEC-619. No.512 25-ALIF -217. In Table 2 below. The percentage of votes garnered by each party is arrived at by dividing the number of votes garnered by each party by 15.27 Rank-Party-Votes Garnered-Rank-Party-Votes Garnered 1-BUHAY-1.039-49-APOI-79.810-58-A SMILE-58.900 The first clause of Section 11(b) of R.221 47-ABC-90.544 9-COOP-NATCCO-409.521-76-VENDORS-33.356-86-APO-16.220 10-BUTIL-409.647-82-AAWAS-22.624 22-KAKUSA-228.612 21-ABS-235. in %-Guaranteed Seat .900.130 33-ABAKADA-166.923-66-SPI-50.271 34-1-UTAK-164.950.751 16-AGAP-328.Table 1.185-62-BANDILA-54.522 17-AN WARAY-321.478 20-UNI-MAD-245.149-55-PBA-71. 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.835 26-SENIOR CITIZENS-213.266-75-ABA ILONGGO-33.990-61-BAGO-55.920-83-SM-20.282 24-ABA-AKO-218.868 2-BAYAN MUNA-979.28 Rank-Party-Votes Garnered-Votes Garnered over Total Votes for Party-List.999-69-AMANG-43.769-88-ATS-14.445 43-ASSALAM-110.503-64-ASAHAN MO-51.161 42-SUARA-110.112-54-AKAPIN-74.541 4-GABRIELA-621.531-78-ALMANA-32.054-87-BIYAYANG BUKID-16.938 28-VFP-196.261-60-AKSA-57.729 39-ABANSE! PINAY-130. organizations. The first 20 party-list candidates and their respective percentage of votes garnered over the total votes for the party-list. Table 2.

379-3.1-BUHAY-1. The continued 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 Representatives shall consist of party-list representatives.261-2.923-1.-17 18-YACAP-310. No.57%-1 11-BATAS29 -385. No. This Court finds that the two percent threshold makes it mathematically impossible to achieve the maximum number of available party list seats when the number of available party list seats exceeds 50.89%-1 5-APEC-619. 7941.889-1. The two percent threshold presents an unwarranted obstacle to the full implementation of Section 5(2). 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.13%-1 15-AMIN-338.990-2.A.95%-0 19-FPJPM-300. sectoral or group interests in the House of Representatives.42%-1 12-ARC-374.33%-1 2-BAYAN MUNA-979. In this first round of seat allocation. even if the maximum number of parties get two percent of the votes for every party.169. 7941 provides 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."30 In determining the allocation of seats for party-list representatives under Section 11 of R. Because of the operation of the two percent threshold.160-2.039-6. Only 50 parties get a seat despite the availability of 55 seats. or the two-percenters.88%-1 6-A TEACHER-490. 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." or the guaranteed seat. we distributed 17 guaranteed seats. 2.12%-1 16-AGAP-328. A party that has two percent of the votes cast. The second clause of Section 11(b) of R. Suppose there are 50 million votes cast for the 100 participants in the party list elections.171-3.112-2.724-2. in computing the allocation of additional seats. Article VI of the Constitution and prevents the attainment of "the broadest possible representation of party.234-7.57%-1 10-BUTIL-409. organizations. are the party-list candidates that are "entitled to one seat each.02%-1 -Total.14%-1 3-CIBAC-755. We rule that.92%-1 8-ALAGAD-423. Thus. We therefore strike down the two percent threshold only in relation to the distribution of the additional seats as found in the second clause of Section 11(b) of R.35%-1 13-ANAKPAWIS-370.657-3.74%-1 4-GABRIELA-621.686-4. 7941 is unconstitutional.A. The parties. To illustrate: There are 55 available party-list seats.185-2. No. and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections.65%-1 9-COOP-NATCCO-409. this situation will repeat itself even if we increase the available party-list seats to 60 seats and even if we increase the votes cast to 100 million. the continued operation of the two percent threshold for the distribution of the additional seats as found in the second clause of Section 11(b) of R. No.54%-0 From Table 2 above. Veterans interprets the clause "in proportion to their total number of votes" to be in proportion to the votes of the first party.A. The parties. organizations.A. 7941.06%-1 17-AN WARAY-321. .810-2. we see that only 17 party-list candidates received at least 2% from the total number of votes cast for partylist candidates.382-1.89%-0 20-UNI-MAD-245. The 17 qualified party-list candidates. This interpretation is contrary to the express language of R. the following procedure shall be observed: 1. Let us further assume that the first 50 parties all get one million votes.A. No.883-2. gets a guaranteed seat.149-2..503-2.07%-1 7-AKBAYAN-466. 7941." This is where petitioners’ and intervenors’ problem with the formula in Veterans lies. or one million votes.288-2.32%-1 14-ABONO-339.

35%-1-1-2-N. 24-ABA-AKO-218.A. No. 5-APEC-619.89%-1-1.A. the remaining available seats for allocation as "additional seats" are the maximum seats reserved under the Party List System less the guaranteed seats.A.818-1. 28-VFP-196. 27-AT-197.A. 6-A Teacher-490.039-6.33-3-N. In computing the additional seats.379-3.A.47%-0-1-1-N. 2-BAYAN MUNA-979. 3-CIBAC-755.149-2. 4-GABRIELA -621. 7941 allowing for a rounding off of fractional seats.14%-1-2. Thus: Table 3.900.48-2-N. the percentage is multiplied by the remaining available seats.950.637-1.503-2. .086-1.A.657-3. 11-BATAS-385. The whole integer of the product of the percentage and of the remaining available seats corresponds to a party’s share in the remaining available seats.A.058-1.A. 21-ABS-235.57%-1-1-2-N.95%-0-1-1-N. The percentage of votes garnered by each party-list candidate is arrived at by dividing the number of votes garnered by each party by 15. In declaring the two percent threshold unconstitutional.A. Distribution of Available Party-List Seats Rank-Party-Votes Garnered-Votes Garnered over Total Votes for Party List.872-1.A.11-2-N.A.89%-0-1-1-N.A.883-2.02%-1-1-2-N.261-2.266-1.A. 7-AKBAYAN-466.A.A. to every two-percenter.65%-1-1. 14-ABONO-339. 17-AN WARAY-321. Finally.32%-1-1-2-N. 20-UNI-MAD-245. 26-SENIOR CITIZENS-213. 12-ARC-374.A.88%-1-1.810-2. 19-FPJPM-300.889-1.17-2-N. we apply the three-seat cap to determine the number of seats each qualified party-list candidate is entitled. We distributed all of the remaining 38 seats in the second round of seat allocation.923-1.A. organization. 4.A. 25-ALIF-217.822-1.12%-1-1-2-N. 10-BUTIL-409.A.92%-1-1.54%-0-1-1-N. Second.990-2.A.A. 18-YACAP-310.112-2. the total number of votes cast for party-list candidates.33%-1-2. at one seat each.A. 38. which is the difference between the 55 maximum seats reserved under the Party-List System and the 17 guaranteed seats of the two-percenters. the guaranteed seats shall no longer be included because they have already been allocated.A.171-3.999-1.382-1. There are two steps in the second round of seat allocation.288-2.37%-0-1-1-N.57%-1-1-2-N.160-2.A. shall be entitled to additional seats in proportion to their total number of votes until all the additional seats are allocated.42%-1-1-2-N. Thus. 8-ALAGAD-423.48-2-N.24%-0-1-1-N.686-4.07%-1-1. 15-AMIN-338. we assign one party-list seat to each of the parties next in rank until all available seats are completely distributed.80-2-N.43%-0-1-1-N.79-3-N. according to the ranking in paragraph 1. First.13%-1-1-2-N. 23-KABATAAN-228.37%-0-1-1-N. Fractional seats are disregarded in the absence of a provision in R.74%-1-1. 931 -COOP-NATCCO-409.34%-0-1-1-N.A.3.185-2. or coalition shall be entitled to not more than three (3) seats.01-2-N.06%-1-1-2-N. in % (A)-Guaranteed Seat (First Round) (B)-Additional Seats (Second Round) (C)-(B) plus (C).A. Those garnering sufficient number of votes. Each party.A.23%-0-1-1-N. 22-KAKUSA-228. 13-ANAKPAWIS-370.169.234-7.A. we do not limit our allocation of additional seats in Table 3 below to the two-percenters. 16-AGAP-328.44%-0-1-1-N.A. in whole integers (D)-Applying the three seat cap (E) 1-BUHAY-1.724-2.

MONSOD.02%-0-1-1-N. why not? For as long as they field candidates who come from the different marginalized sectors that we shall designate in this Constitution. Likewise. Kay Commissioner Monsod.920-0. x x x. MONSOD. in no case to exceed a total of three seats for each party. The deliberations of the Constitutional Commission clearly bear this out.801-1. Political parties.980-1. My question is this: Are we going to classify for example Christian Democrats and 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? MR. 32-BANTAY-169. MONSOD. MONSOD.A. VILLACORTA. 35-TUCP-162. Why not? When they come to the party list system. are shown in column (D). In reply to that query. VILLACORTA. the candidacy for the 198 seats is not limited to political parties.028-1. MONSOD. they can also field sectoral candidates for the 20 percent or 30 percent. Participation of Major Political Parties in Party-List Elections The Constitutional Commission adopted a multi-party system that allowed all political parties to participate in the party-list elections. MR. the Christian Democrats can field district candidates and can also participate in the party list system? MR. May I be clarified on that? Can UNIDO participate in the party list system? MR. gusto ko lamang linawin ito.29-ANAD-188. of the seats that we are allocating under the party list system. and we would like very much for the sectors to be there. Senator Tañada would not qualify. MR.A. In other words. Who would pass on whether he is a farmer or not? MR. Yes. I think these parties that the Commissioner mentioned can field candidates for the Senate as well as for the House of Representatives.647-1.98%-0-1-1-N. xxx MR.07%-0-1-1-N. TADEO.18%-0-1-1-N. MONSOD.05%-0-1-1-N. 30-BANAT-177. VILLACORTA. VILLACORTA.A. 34-1-UTAK-164.A. Total----17--55Applying the procedure of seat allocation as illustrated in Table 3 above. whichever is adopted. 33-ABAKADA-166.03%-0-1-1-N.11%-0-1-1-N.521-1. 31-ANG KASANGGA-170. Suppose Senator Tañada wants to run under BAYAN group and says that he represents the farmers. thus: MR. 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 50 allocated under the party list system. MR. No. Madam President.531-1.A. 36-COCOFED-155. 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 a multiparty system.06%-0-1-1-N. particularly minority political parties. MR. All 55 available party-list seats are filled. x x x We are for opening up the system. are not prohibited to participate in the party list election if they can prove that they are also organized along sectoral lines. But UNIDO can field candidates under the party list system and say Juan dela Cruz is a farmer.A. they will be fielding only sectoral candidates.A. would he qualify? MR.747-1. The additional seats allocated to the parties with sufficient number of votes for one whole seat.A. there are 55 party-list representatives from the 36 winning party-list organizations. .

develop this excellent system that they have in Europe where labor organizations and cooperatives. Kung titingnan natin itong 198 seats. although it is open to all the parties. the AFL-CIO always vote with the Democratic Party. (b) A party means either a political party or a sectoral party or a coalition of parties. UNIDO may be allowed to register for the party list system. 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. for example. In the opposition parties to which we belong. And if this is true of the administration parties. most of them. more lasting. No." Hindi ito reserve seat sa marginalized sectors. No. always vote with the Republican Party. There is no question that they will be attractive to many mass organizations. it will dominate the party list at mawawalang saysay din yung sector. and more institutionalized way. MR. May I inquire from Commissioner Tadeo if he shares that answer? MR. It installs sectoral representation as a constitutional gift. 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. 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. reenforce. TADEO. But the businessmen. would UNIDO be banned from running under the party list system? MR. Section 3 of R. MONSOD. Puwede po ang UNIDO. Therefore. On that condition alone. TADEO. But my question to Commissioner Villacorta and probably also to Commissioner Tadeo is that under this system. Hindi po reserved iyon kasi anybody can run there. Ang punto lamang namin. as I said. and their very presence there has a transforming effect upon the philosophies and the leadership of those parties. (a) The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives from national. UNIDO may field sectoral candidates. in time. x x x In my opinion. 7941 reads: Definition of Terms. meaning that there is no reason at all why political parties and mass organizations should not combine. but at the same time. The same. VILLACORTA.A.A. distribute themselves either in the Social Democratic Party and the Christian Democratic Party in Germany. pero sa sectoral lines. regional and sectoral parties or organizations or coalitions thereof registered with the Commission on Elections (COMELEC). it challenges the sector to rise to the majesty of being elected representatives later on through a party list system. 7941 provided the details for the concepts put forward by the Constitutional Commission. 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. reserved din ito sa political parties. this will be true of others like the Partido ng Bayan which is now being formed. MR. MONSOD. OPLE. Lalamunin mismo ng political parties ang party list system. No. VILLACORTA. and even beyond that. It is also a fact well known to all that in the United States. MR. And the party list system is certainly available. . For example. 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. to become actual political parties capable of contesting political power in the wider constitutional arena for major political parties. pag pinayagan mo ang UNIDO na isang political party. there will be a stimulus for us to contact mass organizations so that with their participation. x x x 32 (Emphasis supplied) R. I support this [Monsod-Villacorta] amendment. we have the PDP-Laban and the UNIDO. So that we may. MONSOD. It is understood that the parties will enter in the roll of the COMELEC the names of representatives of mass organizations affiliated with them. Gusto ko lamang bigyan ng diin ang "reserve. Would the Commissioner agree? MR. xxxx MR.MR. this will also create the stimulus for political parties and mass organizations to seek common ground.

7941 also clearly intended that major political parties will participate in the party-list elections. In case of a nominee of the youth sector. for example. Congress. 7941 and the deliberations of the Constitutional Commission state that major political parties are allowed to establish. 7941. the intent of the Constitutional Commission. able to read and write. party-list representatives cannot be more than 20% of the members of the House of Representatives. as the most immediate means of securing their adoption. a registered voter. Neither the Constitution nor R. unless otherwise fixed by law. he or she must be a senior citizen. or affiliate with. (f) A coalition refers to an aggrupation of duly registered national. It is enough that the nominee of the sectoral party/organization/coalition belongs to the marginalized and underrepresented sectors. put the three-seat cap to prevent any party from dominating the party-list elections. and this fisherfolk wing can field its fisherfolk nominees. The Constitution. R. The qualifications of party-list nominees are prescribed in Section 9 of R. a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the elections. No.A. and is at least twenty-five (25) years of age on the day of the election. 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. employment. To further illustrate. if the nominee represents the fisherfolk. No. Neither the Constitution nor R. 19-22. 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. No. their chosen sector or sectors. No. the framers of the Constitution clearly intended the major political parties to participate in party-list elections through their sectoral wings. or form coalitions with.A. (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. the Nacionalista Party can establish a fisherfolk wing to participate in the party-list election. The other major political parties can thus organize.A. There should not be a problem if. On the contrary. Under Section 9 of R. in paragraph 1.A. 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. in enacting R. x x x. 7941. — No person shall be nominated as party-list representative unless he is a natural born citizen of the Philippines. (e) A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics. its sectoral youth wing. regional. any permanent sectoral seats. principles and policies for the general conduct of government and which. regularly nominates and supports certain of its leaders and members as candidates for public office. interests or concerns." R. Excluding the major political parties in party-list elections is manifestly against the Constitution. it is not necessary that the party-list organization’s nominee "wallow in poverty. No. 7941: Qualifications of Party-List Nominees.A. 7941 mandates the filling-up of the entire 20% allocation of party-list representatives found in the Constitution.(c) A political party refers to an organized group of citizens advocating an ideology or platform. However. sectoral organizations for electoral or political purposes." The 20% allocation of party-list representatives is merely a ceiling. In fact.A. the members of the Constitutional Commission voted down. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue until the expiration of his term. No. he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. 7941. No. 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. Read together. No. Section 5 of Article VI. the Liberal Party participates in the party-list election through the Kabataang Liberal ng Pilipinas (KALIPI). and R. 35 that is.33 In defining a "party" that participates in party-list elections as either "a political party or a sectoral party. or if the nominee represents the senior citizens. he or she must be a fisherfolk. we cannot . sectoral parties or organizations for political and/or election purposes. Kabalikat ng Malayang Pilipino (KAMPI) can do the same for the urban poor. destitution and infirmity"34 as there is no financial status required in the law. 7941 prohibits major political parties from participating in the party-list system.A. and in the alternative the reservation of the party-list system to the sectoral groups.A.

Those who voted to continue disallowing major political parties from the party-list elections joined Chief Justice Reynato S. The three-seat cap. PUNO Chief Justice LEONARDO A. by a vote of 8-7. directly or indirectly. The allocation of additional seats under the Party-List System shall be in accordance with the procedure used in Table 3 of this Decision. However. PUNO Chief Justice . as a limitation to the number of seats that a qualified party-list organization may occupy. BERSAMIN Associate Justice CERTIFICATION Pursuant to Section 13. SO ORDERED. We SET ASIDE the Resolution of the COMELEC dated 3 August 2007 in NBC No. CARPIO Associate Justice WE CONCUR: REYNATO S. No pronouncement as to costs. LEONARDO-DE CASTRO Associate Justice-DIOSDADO M. CORONA Associate Justice CONCHITA CARPIO MORALES Associate Justice-DANTE O. ALICIA AUSTRIA-MARTINEZ Associate Justice-RENATO C. 07-041 (PL) as well as the Resolution dated 9 July 2007 in NBC No. remains a valid statutory device that prevents any party from dominating the party-list elections.allow the continued existence of a provision in the law which will systematically prevent the constitutionally allocated 20% party-list representatives from being filled. PERALTA Associate Justice LUCAS P. VELASCO. Article VIII of the Constitution. Major political parties are disallowed from participating in party-list elections. BRION Associate Justice TERESITA J. TINGA Associate Justice MINITA V. We declare unconstitutional the two percent threshold in the distribution of additional party-list seats. ANTONIO T. I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court. WHEREFORE. Puno in his separate opinion. Seats for party-list representatives shall thus be allocated in accordance with the procedure used in Table 3 above. we PARTIALLY GRANT the petition. the Court is unanimous in concurring with this ponencia. This Decision is immediately executory. REYNATO S. the Court decided to continue the ruling in Veterans disallowing major political parties from participating in the party-list elections. On the formula to allocate party-list seats. JR. Associate Justice ANTONIO EDUARDO B. 07-60. NACHURA Associate Justice-ARTURO D. CHICO-NAZARIO Associate Justice-PRESBITERO J. QUISUMBING Associate Justice-CONSUELO YNARES-SANTIAGO Associate Justice MA.

158-159. Id. at 150-153. 179295). if the first party were to receive twice the number of votes of the second party. 103-108. Rollo (G.R. Brawner. 6 Rollo (G. Sarmiento. Rene V. Supra note 5 at 424. Jr. No.. p. 816-817. Id.R.R. rollo (G. No. Commissioners Resurreccion Z. 8 9 10 11 12 13 14 15 Rollo (G. Jr. NBC Resolution No. No. Brawner. 179295). pp. pp. Id. 07-97. Id. No. which was proclaimed on 4 September 2007 under NBC Resolution No.R. pp.m. p. at 86-87. Sr. how do we determine the number of seats the first party is entitled to? The only basis given by the law is that a party receiving at least two percent of the total votes shall be entitled to one seat. Borra. Rene V. at 446-451. 179295). Romeo A. 3 Under Rule 65 of the 1997 Rules of Civil Procedure. pp. Florentino A. No. 88-92. 32. Party-List Canvass Report No. Romeo A. as of 31 August 2007. This COMELEC certification should have included An Waray.R. 4 September 2007. 179295). No. No. 6:00 p.Footnotes 1 Under Rule 65 of the 1997 Rules of Civil Procedure. 86-87. 3 August 2007. 07-74. No. Sarmiento. 553. pp.R.R.. Borra. 341. 179271). p. 07-87. 07-97. 70.R.. Proportionally. 2 Rollo (G. No. 179271). 17 18 19 20 .R..R. p. Tuason. 179271). 16 Rollo (G. No. rollo (G. R. Rollo (G. Rollo (G. 179271). pp. No. Ferrer. and Nicodemo T. Commissioners Resurreccion Z. pp. We quote below the discussion in Veterans explaining the First Party Rule: Formula for Determining Additional Seats for the First Party Now.R. No. and Nicodemo T. Signed by Chairman Benjamin S. 179271). pp. 419 (2000). Rollo (G. Sr. 4 Rollo (G. 179271). 14. Florentino A. at 160-161. p. Abalos. 179295). Abalos. 21-22. 5 396 Phil. 179271). 112. NBC Resolution No. No. 179295). 7 Rollo (G. Signed by Chairman Benjamin S. 969-986. 24 July 2007. NBC Resolution No.R. Ferrer. Rollo (G. Tuason. 798-815.

based on proportional representation. The proper solution. since a party getting only six percent of the votes will have an equal number of representatives as the one obtaining twenty percent. We adopted this six percent bench mark. therefore. The formula. For example. According to the above formula. then the first party shall have one additional or a total of two seats. such as in an extreme case wherein 18 or more parties tie for the highest rank and are thus entitled to three seats each. the said party would be entitled to two additional seats or a total of three seats overall. Likewise. the use of the same formula for all would contravene the proportional representation parameter. If the proportion of votes without a rounding off is equal to or greater than four percent. The formula is encompassed by the following complex fraction: Additional seats for concerned party-= -No. but less than six percent. However. It cannot be used to determine the number of additional seats of the other qualified parties. then the first party shall be entitled to two additional seats or a total of three seats overall. twenty percent — to grant it the same number of seats as the second party would violate the statutory mandate of proportional representation. the number of seats to which all the parties are entitled may exceed the maximum number of party-list seats reserved in the House of Representatives. Formula for Additional Seats of Other Qualified Parties Step Three The next step is to solve for the number of additional seats that the other qualified parties are entitled to. As explained earlier. a second party obtains six percent of the total number of votes cast. of votes of concerned party Total No. because the first party is not always entitled to the maximum number of additional seats. additional seats in proportion to those of the first party. In such scenario. it would prevent the allotment of more than the total number of available seats. then the first party shall not be entitled to any additional seat. if the first party received a significantly higher amount of votes — say.it should be entitled to twice the latter’s number of seats and so on. of votes of party-li . for computing the number of seats to which the first party is entitled is as follows: Number of votes of first party Total votes for party-list system-= -Proportion of votes of first party relative to total votes for party-list system If the proportion of votes received by the first party without rounding it off is equal to at least six percent of the total valid votes cast for all the party list groups. therefore. is to grant the first party a total of three seats. xxx Note that the above formula will be applicable only in determining the number of additional seats the first party is entitled to. and the party receiving six percent. And if the proportion is less than four percent.

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