FOURTEENTH CONGRESS OF THE REPUBLIC) OF THE PHILIPPINES ) First Regular Session 1 SENATE 287 S. No.

Introduced by Senator Richard J. Gordon EXPLANATORY NOTE The Constitution introduced the party-list system to constitute twenty percent (20%) of the total number of representatives in the House of Representatives in Congress to represent marginalized sectors, as well as to enhance the political party system in our country. However, party-list representation as provided in the Constitution is not being fully maximized. Moreover, the seat allocation in the party-list system has been largely problematic. This has resulted to various Supreme Court cases questioning the formula for the allocation of seats in the party-list system, among other things. To solve this problem and provide adequate guideline in the party-list system, particularly a more effective seat allocation formula, this bill proposes to amend Republic Act No. 7941, otherwise known as the Party-List System

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Introduced by Senator Richard J. Gordon

AN ACT AMENDING REPUBLIC ACT NO. 7941, OTHERWISE KNOWN AS THE PARN-LIST SYSTEM ACT Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
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SECTION 1. Section 3 of Republic Act No. 7941, otherwise known as the Party-List System Act, is hereby amended to read as follows: Section 3. Definition of Terms. - . . .

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(G) AVAILABLE SEATS REFERS TO THE ACTUAL NUMBER OF SEATS RESERVED FOR THE PARTY-LIST SYSTEM AS PROVIDED IN SECTION 12. (H) WINNING MINIMUM PERCENTAGE THRSHOLD REFERS TO THE VALUE OF ONE DIVIDED BY AVAILABLE SEATS AND MULTIPLIED BY ONE HUNDRED PERCENT (IIAVAILABLE SEATS X 100%). THIS PERCENTAGE VALUE SHALL BE EXPRESSED UP TO EIGHT (8) DECIMAL PLACES OF ACCURACY.

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(I) WINNING MINIMUM PERCENTERS REFERS TO THOSE PARTYLIST PARTIES, ORGANIZATIONS, AND COALITION THAT REACHED THE WINNING MINIMUM PERCENTAGE THRESHOLD. Sec. 2. Section 5 of Republic Act No. 7941, otherwise known as the Party-List System Act, is hereby amended to read as follows: Sec. 5, Registration. - Any organized group of persons may register

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as a party, organization or coalition for purposes of the party-list system by

filing with the COMELEC not later than [ninety (go)] ONE HUNDRED EIGHTY

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(180) days before the election a petition verified by its president or secretary

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stating its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition of such parties or organizations, attaching thereto its constitution, by-laws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require: Provided, That the sectors shall include, BUT NOT BE LIMITED TO, labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals; PROVIDED FURTHER, THAT THE PARTIES, ORGANIZATIONS OR COALITIONS THEREOF POSSESS ALL THE QUALIFICATIONS AND NONE OF THE DISQUALIFICATIONS UNDER SECTION 6; AND PROVlDED FURTHERMORE, THAT THE POLITICAL PARTY IS ABLE TO SHOW PROOF THAT ITS CONSTITUENCY IS SPREAD OVER THE GEOGRAPHICAL TERRITORY OF AT LEAST A MAJORITY OF THE PROVINCES OR CITIES COMPRISING A REGION OR THE NATION, A$ MAY BE APPROPRIATE IN EACH CASE. FAILURE TO SUBMIT ANY OF THE AFORECITED FORMAL REQUIREMENTS MAY BE A GROUND FOR DISMISSAL MOTU PROPRIO BY THE COMELEC OF ITS PETITION. The COMELEC shall IMMEDIATELY publish the VERIFIED petition in at least two national newspapers of general circulation SETTING THE SAME FOR HEARING. The COMELEC shall, after due notice and hearing, resolve [the] SAID petition, INCLUDING A MOTION FOR RECONSIDERATION IF ANY, within fifteen (15) days from the date [it was submitted for decision but in no case] OF ITS SUBMISSION ?OR RESOLUTION. THE COMELEC SHALL RESOLVE ALL REGISTRATION MATTERS not later than [sixty (60)] ONE HUNDRED TWENTY (120) days before election.

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See. 3. Section 6 of Republic Act No. 7941, otherwise known as the Party-List System

Act, is hereby amended to read as follows:

Sec. 6. Refusal and/or Cancellation of Registration. -...
(7) [It has ceased to exist for at least one year; or] IT IS A SECTORAL

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PARTY OR ORGANIZATION FUNDED OR ASSISTED BY THE GOVERNMENT FOR PURPOSES

OF

THE

PARTY-LIST

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ELECTIONS;

(8) IT IS A MILITARY, POLICE-RELATED ORGANIZATION,

SECURITYAGENCY, OR A PRIVATEARMED GROUP; (9) IT WAS DISSOLVED, ABSORBED, MERGED, AND/OR HAS CEASED TO EXIST;
( I O ) THE POLITICAL PARTY FAILS TO SHOW PROOF THAT ITS

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CONSTITUENCY IS SPREAD OVER THE GEOGRAPHICAL TERRITORY OF AT LEAST A MAJORITY OF THE PROVINCES OR CITIES COMPRISING A REGION OR THE NATION, AS MAY BE APPROPRIATE IN EACH CASE; OR
(12) [8] It fails to participate in the last two IMMEDIATELY preceding

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elections, or HAVING PARTICIPATED IN AN ELECTION fails to obtain at least [two per centum (2%)] THE WINNING MINIMUM PERCENTAGE THRESHOLD of the PARTY-LIST votes THEREIN [cast under the party-list system in the two preceding elections for the constituency in which it has registered].
Sec. 4. Section 7 of Republic Act No. 7941, otherwise known as the Party-List

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System Act, is hereby amended as follows: Sec. 7. Certified List of Registered Parties. - The COMELEC shall, not later than [sixty (60)] SEVENTY-FIVE (75) days before election, prepare a certified list of national, regional, or sectoral parties, organizations or coalitions which have applied or who have manifested their desire to participate under the party-list system. SAID CERTIFIED LIST SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST ONCE A WEEK FOR TWO CONSECUTIVE WEEKS, and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the party-list nominees shall not be [known on] INCLUDED IN the certified list BUT ACCESS TO SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE PUBLIC.
Sec. 5. Section 8 of Republic Act No. 7941, otherwise known as the Party-List System

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Act, is hereby amended as follows:

Sec. 8. Nomination of Party-List Representatives. - Each registered party, organization, or coalition shall submit to the COMELEC not later than

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[forty-five (45)] NINETY (90) days before the election a list of names, not less than [five (5)] EIGHT (4,from which party-list representatives shall be chosen in case it obtains the required number of votes. A person may be nominated in one list only. Only persons who have given their consent in writing may be named in the list. The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office OTHER THAN THE PARTY-LIST in the immediately preceding election: PROVIDED, THAT ANY INCUMBENT APPOINTIVE GOVERNMENT OFFICIAL AND EMPLOYEE INCLUDING ANY ACTIVE MEMBER OF THE ARMED FORCES AND ANY EMPLOYEE IN A GOVERNMENT OWNED OR CONTROLLED CORPORATION SHALL BE CONSIDERED IPSO FACTO RESIGNED FROM THE SERVICE UPON THE SUBMISSION OF HIS NAME AS PARTY-LIST NOMINEE WITH THE COMELEC. No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where the nominee dies, or withdraws in writing his nomination, becomes incapacitated in which case the name of the substitute nominee shall be placed in the list. [Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned.]
Sec. 6. Section 11 of Republic Act No. 7941, otherwise known as the Party-List System

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Act, is hereby amended as follows: Sec. 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. For purposes of the May 1998 elections, the first five major political parties on the basis of party representation in the House of Representatives at the start of the Tenth Congress of the Philippines shall not be entitled to participate in the party-list system. [In determining the allocation of seats for the second vote, the following procedure shall be observed: (a) The parties, organizations, and coalitions shall be ranked from the

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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, final/%That each party, organization, or coalition
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shall be entitled to not more than three seats.]"

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Sec. 7. Section 12 of Republic Act No. 7941, otherwise known as the Party-List System Act, is hereby amended as follows: "Sec. 12. Procedure in Allocating Seats for Party-List Representatives. - The COMELEC shall tally all the votes for the parties, organizations, or
coalition 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.] IN ALLOCATING SEATS FOR THE PARTY-LIST REPRESENTATIVES, THE COMELEC SHALL ADOPT THE FOLLOWING PROCEDURE: (A) THE TOTAL NUMBER OF AVAILABLE SEATS OPEN FOR THE PARTY-LIST ELECTIONS, EQUIVALENT TO TWENTY PERCENT (20%) OF THE TOTAL MEMBERSHIP OF THE HOUSE

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OF REPRESENTATIVES,

SHALL BE DETERMINED BY MULTIPLYING TWENTY-FIVE PERCENT

(25%) WITH THE TOTAL NUMBER OF MEMBERS COMING FROM THE

LEGISLATIVE DISTRICTS. THE INTEGER PART OF THE RESULT SHALL BE THE TOTAL NUMBER OF AVAILABLE SEATS FOR THE PARTY-LIST SYSTEM. (B) THE PARTIES, ORGANIZATIONS AND COALITIONS THAT PARTICIPATED IN THE PARTY-LIST ELECTION SHALL BE RANKED FROM THE HIGHEST TO THE LOWEST BASED ON THE NUMBER THEY WON DURING THE ELECTIONS. (C) THE PERCENTAGE OF VOTES OF EACH PARTY-LIST ORGANIZATION RELATIVE TO THE TOTAL NUMBER O F VOTES CAST FOR THE PARTY-LIST ELECTION SHALL BE DETERMINED BY DIVIDING

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OF VOTES

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THE VOTES GARNERED BY THE PARTY-LIST ORGANIZATION WITH THE SUM TOTAL OF VOTES CAST FOR ALL PARTY-LIST ORGANIZATIONS MULTIPLIED BY ONE HUNDRED PERCENT (100%). (D) THE WINNING MINUMUM PERCENTAGE THRESHOLD SHALL BE DETERMIED BY GETTING THE VALUE OF THE FOLLOWING FORMULA: ONE DIVIDED BY AVAILABLE SEATS AND MULTIPLIED BY ONE HUNDRED PERCENT (IlAVAlLABLE SEATS X 100%). THE WINNING MINIMUM PERCENTERS SHALL THEN BE LISTED SEPARATELY. (E) THE NUMBER OF SEATS THAT SHALL BE AWARDED TO THE MINIMUM WINNING PERCENTERS SHALL BE COMPUTED AS FOLLOWS: (1) THE VOTES WON BY EACH WINNING MINIMUM PERCENTER SHALL BE MULTIPLIED BY THE TOTAL AVAILABLE SEATS FOR THE PARTY-LIST SYSTEM AND DIVIDED BY THE TOTAL VOTES OF THE WINNING MINIMUM PERCENTERS.

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(2) THE INTEGER PART OF THE RESULT SHALL

DETERMINE THE FIRST ROUND OF SEAT ALLOCATION. EACH WINNING MINIMUM PERCENTER SHALL BE AWARDED THE NUMBER OF SEATS THAT IS EQUAL TO THE INTEGER PART OF THE RESULT THAT IS OBTAINED.
(3) THE DECIMAL PART OR FRACTION OF THE RESULT

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SHALL DETERMINE THE SECOND ROUND OF SEAT ALLOCATION. THE DECIMAL PART SHALL BE EXPRESSED UP TO EIGHT DECIMAL PLACES. IN THIS ROUND, THE FOLLOWING PROCEDURE SHALL BE ADOPTED: (I) THE WINNING MINIMUM PERCENTERS SHALL BE RANKED FROM HIGHEST TO LOWEST BASED ON THE DECIMAL PART THAT EACH WINNING MINIMUM PERCENTER OBTAINED.
(11) THE REMAINING AVAILABLE SEATS SHALL BE

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DETERMINED BY SUBTRACTING THE TOTAL NUMBER OF SEATS AWARDED IN THE FIRST ROUND OF SEAT ALLOCATION FROM THE TOTAL AVAILABLE SEATS FOR

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THE PARTY-LIST SYSTEM. (111) THE REMAINING NUMBER OF SEATS SHALL BE ALLOCATED TO THE WINNING MINIMUM PERCENTERS BASED ON THE RANKING OF EACH WINNING MINIMUM ONE SEAT SHALL BE AWARDED TO PERCENTER IN (3)(1). EACH OF THE WINNING MINIMUM PERCENTERS STARTING FROM THE HIGHEST AND GOING DOWN TO THE LOWER RANKS UNTIL ALL THE REMAINING SEATS ARE COMPLETELY ALLOCATED. (F) IN CASE OF A TIE IN THE DECIMAL PART OR FRACTION, THE AWARDING OF THE LAST SEAT SHALL BE BASED ON THE COMPARISON OF ACTUAL VOTES. AWARDED THE LAST SEAT. (G) NO PARTY, ORGANIZATION, OR COALITION SHALL BE ENTITLED TO MORE THAN SIX SEATS."
Sec. 8. Section 15 of Republic Act No. 7941, otherwise known as the Party-List System

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THE WINNING

MINIMUM

PERCENTER WITH THE HIGHEST NUMBER OF VOTES SHALL BE

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Act, is hereby amended as follows: "Sec. 15. Change of Affiliation; Effect. - Any [elected] party-list representative who changes his [political party or sectoral] PARTY-LIST affiliation during his term of office shall forfeit his seat AND SHALL BE INELIGIBLE FOR NOMINATION AS A PARTY-LIST REPRESENTATIVE UNDER HIS NEW PARTY OR ORGANIZATION IN THE NEXT ELECTION: Provided, That if he changes his political party or sectoral affiliation within six months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization."
Sec. 9. Section 17 of RepublicAct No, 7941, otherwise known as the Party-List System

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Act, is hereby amended as follows: "Sec. 17. Rights of Party-List Representatives. - Party-list representatives shall be entitled to the same salaries and emoluments, RIGHTS, PRIVILEGES AND BENEFITS as DISTRICT [regular] members of the House of Representatives."
Sec. 10. Section 17-A is hereby inserted in Republic Act No. 7941, otherwise known as

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the Party-list System Act, to read as follows: SEC. 17-A. VOTERS EDUCATION. - THE COMELEC, TOGETHER WITH AND IN SUPPORT OF ACCREDITED CITIZENS ARMS, SHALL CARRY OUT A CONTINUING AND SYSTEMATIC CAMPAIGN THROUGH NEWSPAPERS OF GENERAL CIRCULATION, RADIO AND OTHER MEDIA FORMS, AS WELL AS THROUGH SEMINARS, SYMPOSIA, FORA AND OTHER NON-TRADITIONAL MEANS TO EDUCATE THE PUBLIC AND FULLY INFORM THE ELECTORATE ABOUT THE PARTY-LIST SYSTEM INCLUDING HOW TO CAST THE VOTE THEREFOR.
Sec. 11. Repealing Clause. - All laws, decrees, orders, rules and regulations or other

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issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec. 12. Separability Clause.

If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.
Sec. 13. Effectivity. - This Act shall take effect after fifteen (15) days following the

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completion of its publication in the Official Gazette or in a newspaper of general circulation

in the Philippines.
Approved,