EN BANC

BARANGAY ASSOCIATION FOR

G.R. No. 179271

NATIONAL ADVANCEMENT
AND TRANSPARENCY (BANAT),
Petitioner,
- versus 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
BAYAN MUNA, ADVOCACY FOR

G.R. No. 179295

TEACHER EMPOWERMENT
THROUGH ACTION, COOPERATION

Present:

AND HARMONY TOWARDS

EDUCATIONAL REFORMS, INC.,
and ABONO,

PUNO, C.J.,
QUISUMBING,

Petitioners,

YNARES-SANTIAGO,
CARPIO,
AUSTRIA-MARTINEZ,
CORONA,

- versus -

CARPIO MORALES,
TINGA,
CHICO-NAZARIO,
VELASCO, JR.,
NACHURA,
LEONARDO-DE CASTRO,
BRION,
PERALTA, and
BERSAMIN, JJ.

COMMISSION ON ELECTIONS,

Promulgated:

Respondent.
x---------------------------------------------------x
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 Resolution[2] promulgated on 3 August 2007 by the Commission on Elections (COMELEC)
in NBC No. 07-041 (PL). The COMELECs 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. 07-60[4] 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 withVeterans Federation Party v. COMELEC[5] (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 BANATs 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), Gabrielas Women Party (Gabriela), Association of Philippine Electric Cooperatives
(APEC), A Teacher, Akbayan! Citizens 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. 0760 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

ii. Total party-list votes remaining uncanvassed/ untabulated (i.e.

canvass deferred)

1,337,032

iii. Maximum party-list votes (based on 100% outcome) from areas not
yet submitted for canvass (Bogo, Cebu; Bais City; Pantar, Lanao del
Norte; and Pagalungan, Maguindanao)
102,430
Maximum Total Party-List Votes

16,723,121

WHEREAS, Section 11 of Republic Act No. 7941 (Party-List System Act) provides in part:
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 Citizens 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 partylist 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:
RANK

PARTY/ORGANIZATION/

VOTES

COALITION

RECEIVED

BUHAY

1,163,218

BAYAN MUNA

972,730

CIBAC

760,260

GABRIELA

610,451

APEC

538,971

A TEACHER

476,036

AKBAYAN

470,872

ALAGAD

423,076

BUTIL

405,052

10

COOP-NATCO

390,029

11

BATAS

386,361

12

ANAK PAWIS

376,036

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. 07250, 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

Bayan Muna

Citizens Battle Against Corruption

Gabriela Womens Party

Association of Philippine Electric Cooperatives

Advocacy for Teacher Empowerment Through Action,

Cooperation and Harmony Towards Educational Reforms,
Inc.

BUHAY
BAYAN MUNA
CIBAC
GABRIELA
APEC
A TEACHER

Akbayan! Citizens Action Party

AKBAYAN

Alagad

ALAGAD

Luzon Farmers Party

10

Cooperative-Natco Network Party

11

Anak Pawis

12

Alliance of Rural Concerns

13

Abono

BUTIL
COOP-NATCCO
ANAKPAWIS
ARC
ABONO

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 actual votes cast under the Party-List System.
The total number of seats of each winning party, organization or coalition shall be determined pursuant to Veterans
Federation Party versus COMELEC formula upon completion of the canvass of the party-list results.
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 proceedings therein moot and academic.
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 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 COMELECs 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 maximum total number of party-list votes of 16,723,121, and were thus given one (1)
guaranteed party-list seat each;
WHEREAS, per Report of the Tabulation Group and Supervisory Committee of the National 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 received but uncanvassed, and maximum votes expected for Pantar, Lanao del Norte, is
16,261,369; and that the projected maximum total votes for the thirteen (13) qualified parties, organizations and coalition[s] are
as follows:
Party-List

Projected total number of votes

BUHAY

1,178,747

BAYAN MUNA

977,476

CIBAC

755,964

GABRIELA

621,718

APEC

622,489

A TEACHER

492,369

AKBAYAN

462,674

ALAGAD

423,190

BUTIL

409,298

10

COOP-NATCO

412,920

11

ANAKPAWIS

370,165

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 Citizens 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;
WHEREAS, in determining the additional seats for the first party, the correct formula as expressed in Veterans, 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

Additional seats

by the first party

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, applying the above formula, Buhay obtained the following percentage:
1,178,747
-------16,261,369

= 0.07248 or 7.2%

which entitles it to two (2) 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 follows:

Additional seats for

a concerned party

No. of votes of
concerned party
------------------No. of votes of
first party

No. of additional
seats allocated to
first party

WHEREAS, applying the above formula, the results are as follows:

Party List

Percentage

Additional Seat

BAYAN MUNA

1.65

CIBAC

1.28

GABRIELA

1.05

APEC

1.05

A TEACHER

0.83

AKBAYAN

0.78

ALAGAD

0.71

BUTIL

0.69

COOP-NATCO

0.69

ANAKPAWIS

0.62

ARC

0.63

ABONO

0.57

NOW THEREFORE, by virtue of the powers vested in it by the Constitution, Omnibus Election Code, Executive Order
No. 144, Republic Act Nos. 6646, 7166, 7941 and other elections laws, the Commission on Elections en banc sitting as the
National Board of Canvassers, hereby RESOLVED, as it hereby RESOLVES, to proclaim the following parties, organizations or
coalitions as entitled to additional seats, to wit:

Party List

Additional Seats

BUHAY

BAYAN MUNA

CIBAC

GABRIELA

APEC

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 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 percentage of votes to entitle them to one (1) additional seat.
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 BANATs 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 PARTYLIST SEATS, ANNEX A of COMELEC 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.
RECOMMENDATION:
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.
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 certification[15] by COMELEC, the following
party-list organizations have been proclaimed as of 19 May 2008:

Party-List

No. of Seat(s)

1.1

Buhay

1.2

Bayan Muna

1.3

CIBAC

1.4

Gabriela

1.5

APEC

1.6

A Teacher

1.7

Akbayan

1.8

Alagad

1.9

Butil

1.10

Coop-Natco [sic]

1.11

Anak Pawis

1.12

ARC

1.13

Abono

1.14

AGAP

1.15

AMIN

The proclamation of 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 COMELEC, was deferred pending final resolution of SPC
Issues

No. 07-250.

BANAT brought the following issues before this Court:

1.
Is the twenty percent allocation for party-list representatives
Constitution mandatory or is it merely a ceiling?
2.

Is the three-seat limit provided in Section 11(b) of RA 7941

3.

Is the two percent threshold and qualifier votes prescribed by the

4.

How shall the party-list representatives be allocated? [16]

provided in Section 5(2), Article VI of the

constitutional?
same Section 11(b) of RA 7941 constitutional?

Bayan Muna, A Teacher, and Abono, on the other hand, raised the following issues in their petition:
I.
Respondent Commission on Elections, acting as National Board of Canvassers, committed grave abuse of discretion
amounting to
lack or excess of jurisdiction when it promulgated NBC Resolution
No. 07-60 to implement the FirstParty Rule in the allocation of
seats to qualified party-list organizations as said rule:
A.

Violates the constitutional principle of proportional

B.

Violates the provisions of RA 7941 particularly:

1.

The 2-4-6 Formula used by the First Party Rule in

violates the principle of proportional representation

2.

The use of two formulas in the allocation of

another for the qualifying parties, violates Section

3.

The proportional relationships under the First Party

7941;

First Party
Party and
under RA

representation.

allocating additional seats for the

under RA 7941.
additional seats, one for the First
11(b) of RA 7941.
Rule are different from those required

C.
Violates the Four Inviolable Parameters of the Philippine
same case of
Veterans Federation Party, et al. v. COMELEC.

party-list system as provided for under the

II.
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 party-list organizations, the
same being merely in
consonance with the ruling in Veterans Federations Party, et al. v.
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 7941, and are of transcendental importance to our nation.[17]

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
or merely a
ceiling?
2.

Is the three-seat limit in Section 11(b) of RA 7941 constitutional?

3.

Is the two percent threshold prescribed in Section 11(b) of RA

4.

How shall the party-list representative seats be allocated?

5.
Does the Constitution prohibit the major political parties from
major political parties be barred from participating in the party-list

Section 5(2), Article VI of the Constitution mandatory

7941 to qualify for one seat constitutional?

participating in the party-list elections? If not, can the

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.
(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 partylist 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.
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 14 thCongress of the Philippines has 220 district representatives, there are 55 seats
available to party-list representatives.

220

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
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. Mendozas dissent in Veterans presented
Germanys Niemeyer formula[21] 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.
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 as prescribed by Section 5, Article VI of the Constitution, Section 11 (1 st par.) of RA
7941 and Comelec Resolution No. 2847 dated 25 June 1996. Since there are 220 District Representatives in the 14 thCongress,
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 BANATs 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 BANATs second
interpretation.
In G.R. No. 179295, Bayan Muna, Abono, and A Teacher criticize both the COMELECs 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 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 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 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, 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 ranking are allocated until all the seats are filled up. [26]
We examine what R.A. No. 7941 prescribes to allocate seats for party-list representatives.
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.
Table 1. Ranking of the participating parties from the highest to the lowest based on the number of votes garnered during the
elections.[27]

Rank

Party

1 BUHAY

Votes
Garnered
1,169,234

Rank

Party

Votes
Garnered

48 KALAHI

88,868

2 BAYAN MUNA

979,039

49 APOI

79,386

3 CIBAC

755,686

50 BP

78,541

4 GABRIELA

621,171

51 AHONBAYAN

78,424

5 APEC

619,657

52 BIGKIS

77,327

6 A TEACHER

490,379

53 PMAP

75,200

7 AKBAYAN

466,112

54 AKAPIN

74,686

8 ALAGAD

423,149

55 PBA

71,544

9 COOP-NATCCO

409,883

56 GRECON

62,220

10 BUTIL

409,160

57 BTM

60,993

11 BATAS

385,810

58 A SMILE

58,717

12 ARC

374,288

59 NELFFI

57,872

13 ANAKPAWIS

370,261

60 AKSA

57,012

14 ABONO

339,990

61 BAGO

55,846

15 AMIN

338,185

62 BANDILA

54,751

16 AGAP

328,724

63 AHON

54,522

17 AN WARAY

321,503

64 ASAHAN MO

51,722

18 YACAP

310,889

65 AGBIAG!

50,837

19 FPJPM

300,923

66 SPI

50,478

20 UNI-MAD

245,382

67 BAHANDI

46,612

21 ABS

235,086

68 ADD

45,624

22 KAKUSA

228,999

69 AMANG

43,062

23 KABATAAN

228,637

70 ABAY PARAK

42,282

24 ABA-AKO

218,818

71 BABAE KA

36,512

25 ALIF

217,822

72 SB

34,835

26 SENIOR

213,058

73 ASAP

34,098

27 AT

197,872

74 PEP

33,938

28 VFP

196,266

75 ABA ILONGGO

33,903

29 ANAD

188,521

76 VENDORS

33,691

30 BANAT

177,028

77 ADD-TRIBAL

32,896

31 ANG KASANGGA

170,531

78 ALMANA

32,255

32 BANTAY

169,801

79 AANGAT

CITIZENS

KA

29,130

PILIPINO
33 ABAKADA

166,747

80 AAPS

26,271

34 1-UTAK

164,980

81 HAPI

25,781

35 TUCP

162,647

82 AAWAS

22,946

36 COCOFED

155,920

83 SM

20,744

37 AGHAM

146,032

84 AG

16,916

38 ANAK

141,817

85 AGING PINOY

16,729

39 ABANSE! PINAY

130,356

86 APO

16,421

40 PM

119,054

87 BIYAYANG BUKID

16,241

41 AVE

110,769

88 ATS

14,161

42 SUARA

110,732

89 UMDJ

9,445

43 ASSALAM

110,440

90 BUKLOD FILIPINA

8,915

44 DIWA

107,021

91 LYPAD

8,471

45 ANC

99,636

92 AA-KASOSYO

8,406

46 SANLAKAS

97,375

93 KASAPI

6,221

47 ABC

90,058

TOTAL

15,950,900

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 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 percentage of votes garnered
by each party is arrived at by dividing the number of votes garnered by each party by 15,950,900, the total number of votes cast for all
party-list candidates.

Table 2. The first 20 party-list candidates and their respective percentage of votes garnered over the total votes for the party-list.
[28]

Rank

Votes

Party

Garnered

1 BUHAY

Votes Garnered over

Total Votes for PartyList, in %

Guaranteed
Seat

1,169,234

7.33%

2 BAYAN MUNA

979,039

6.14%

3 CIBAC

755,686

4.74%

4 GABRIELA

621,171

3.89%

5 APEC

619,657

3.88%

6 A TEACHER

490,379

3.07%

7 AKBAYAN

466,112

2.92%

8 ALAGAD

423,149

2.65%

9 COOP-NATCCO

409,883

2.57%

10 BUTIL

409,160

2.57%

11 BATAS[29]

385,810

2.42%

12 ARC

374,288

2.35%

13 ANAKPAWIS

370,261

2.32%

14 ABONO

339,990

2.13%

15 AMIN

338,185

2.12%

16 AGAP

328,724

2.06%

17 AN WARAY

321,503

2.02%

Total

17

18 YACAP

310,889

1.95%

19 FPJPM

300,923

1.89%

20 UNI-MAD

245,382

1.54%

From Table 2 above, we see that only 17 party-list candidates received at least 2% from the total number of votes cast for partylist 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 guaranteed seat. In this first round of seat allocation, we distributed 17 guaranteed seats.
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 total number of votes. This is where petitioners and intervenors
problem with the formula 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 language of R.A. No. 7941.
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 of Section 11(b) of R.A. No. 7941 is unconstitutional. 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. 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.
To illustrate: There are 55 available party-list seats. Suppose there are 50 million votes cast for the 100 participants in the party
list elections.

A party that has two percent of the votes cast, or one million votes, gets a guaranteed seat. Let us further assume that

the first 50 parties all get one million votes. Only 50 parties get a seat despite the availability of 55 seats. Because of the operation of
the two percent threshold, 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. Thus, even if the maximum number of parties get two percent of the votes for 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.
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.A. No. 7941. The two percent threshold presents an unwarranted obstacle to the full
implementation of Section 5(2), Article VI of the Constitution and prevents the attainment of the broadest possible representation of
party, sectoral or group interests in the House of Representatives. [30]
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.

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.

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.

3.

Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled to additional seats in

proportion to their total number of votes until all the additional seats are allocated.
4.

Each party, organization, or coalition shall be entitled to not more than three (3) seats.
In computing the additional seats, the guaranteed seats shall no longer be included because 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 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.
In declaring the two percent threshold unconstitutional, we do not limit our allocation of additional seats in Table 3 below to the
two-percenters. The percentage of votes garnered by each party-list candidate is arrived at by dividing the number of votes garnered
by each party by 15,950,900, the total number of votes cast for party-list candidates. There are two steps in 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 the Party-List System and the 17 guaranteed seats of the two-percenters. The whole integer of the product of the
percentage and of the remaining available seats corresponds to a partys share in the remaining available seats. Second, we assign one
party-list seat to each of the parties next in rank until all available seats are completely distributed. We distributed all of the remaining
38 seats in the second round of seat allocation. Finally, we apply the three-seat cap to determine the number of seats each qualified
party-list candidate is entitled. Thus:
Table 3. Distribution of Available Party-List Seats

Rank

Party

Votes

Votes

Guaranteed

Additional

(B) plus

Applying

Garnered

Garnered

Seat

Seats

(C), in

the three

over

whole

seat cap

Total Votes

integers

for Party

List, in %

(First Round)

(A)

BUHAY

(B)

(Second
Round)

(C)

(E)

(D)

1,169,234

7.33%

2.79

N.A.

BAYAN MUNA

979,039

6.14%

2.33

N.A.

CIBAC

755,686

4.74%

1.80

N.A.

GABRIELA

621,171

3.89%

1.48

N.A.

APEC

619,657

3.88%

1.48

N.A.

A Teacher

490,379

3.07%

1.17

N.A.

AKBAYAN

466,112

2.92%

1.11

N.A.

ALAGAD

423,149

2.65%

1.01

N.A.

9[31]

COOP-NATCCO

409,883

2.57%

N.A.

10

BUTIL

409,160

2.57%

N.A.

11

BATAS

385,810

2.42%

N.A.

12

ARC

374,288

2.35%

N.A.

13

ANAKPAWIS

370,261

2.32%

N.A.

14

ABONO

339,990

2.13%

N.A.

15

AMIN

338,185

2.12%

N.A.

16

AGAP

328,724

2.06%

N.A.

17

AN WARAY

321,503

2.02%

N.A.

18

YACAP

310,889

1.95%

N.A.

19

FPJPM

300,923

1.89%

N.A.

20

UNI-MAD

245,382

1.54%

N.A.

21

ABS

235,086

1.47%

N.A.

22

KAKUSA

228,999

1.44%

N.A.

23

KABATAAN

228,637

1.43%

N.A.

24

ABA-AKO

218,818

1.37%

N.A.

25

ALIF

217,822

1.37%

N.A.

26

SENIOR

213,058

1.34%

N.A.

CITIZENS
27

AT

197,872

1.24%

N.A.

28

VFP

196,266

1.23%

N.A.

29

ANAD

188,521

1.18%

N.A.

30

BANAT

177,028

1.11%

N.A.

31

ANG

170,531

1.07%

N.A.

KASANGGA
32

BANTAY

169,801

1.06%

N.A.

33

ABAKADA

166,747

1.05%

N.A.

34

1-UTAK

164,980

1.03%

N.A.

35

TUCP

162,647

1.02%

N.A.

36

COCOFED

155,920

0.98%

N.A.

Total

17

55

Applying the procedure of seat allocation as illustrated in Table 3 above, there are 55 party-list representatives from the 36
winning party-list organizations. All 55 available party-list seats are filled. The additional seats allocated to the parties with
sufficient number of votes for one whole seat, in no case to exceed a total of three seats for each party, are shown in column (D).
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. The deliberations of the Constitutional Commission clearly bear this out, thus:
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 a multiparty system. x x x We are for opening up the
system, and we would like very 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 50 allocated under the party list system. x x
x.
xxx
MR. MONSOD. Madam President, the candidacy for the 198 seats is not limited to political parties. 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. 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 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 list system.
MR. MONSOD. In other words, the Christian Democrats can field district candidates and can also participate in the party
list system?
MR. VILLACORTA. Why not? When they come to the party list system, they will be fielding only sectoral
candidates.
MR. MONSOD. May I be clarified on that? Can UNIDO participate in the party list system?
MR. VILLACORTA. Yes, why not? For as long as they field candidates who come from the different marginalized
sectors that we shall designate in this Constitution.
MR. MONSOD. Suppose Senator Taada wants to run under BAYAN group and says that he represents the farmers,
would he qualify?
MR. VILLACORTA. No, Senator Taada would not qualify.
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 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. [33] In 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 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 organizations 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.