PRIMER ON THE PARTY-LIST SYSTEM OF REPRESENTATION IN THE HOUSE OF REPRESENTATIVES

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PRIMER ON THE PARTY-LIST SYSTEM OF REPRESENTATION IN THE HOUSE OF REPRESENTATIVES [As mandated by Republic Act No. 7941] by The Commission on Elections

What is the party-list system of election?

It is a mechanism of proportional representation in the election of representatives to the House of Representatives from marginalized or underrepresented national, regional and sectoral parties, or organizations or coalitions thereof registered with the Commission on Elections (Comelec).

It is part of the electoral process that enables small political parties and marginalized and underrepresented sectors to obtain possible representation in the House of Representatives, which traditionally is dominated by parties with big political machinery.

For purposes of the May 14, 2001 elections, what are the important dates in relation to the party-list system of election?

November 15, 2000 – last day to file petition for registration for party-list system.

February 12, 2001 – last day to file manifestation to participate in the party-list election.

March 31, 2001 – last day to submit to the Law Department, Commission on Elections, Intramuros, Manila a list of at least five (5) nominees to represent said party/organization/coalition.

What are the legal bases for the party-list system of election?

[a] The Constitution in its article on the Legislative Department provides:

"[1] x x x 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 party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector;

"[3] Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative; and

"[4] Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section x x x." (Sec. 5, Article VI, Constitution of the Philippines)

[b] Republic Act No. 7941 dated March 3, 1995, "An Act Providing for the Election of Party-List Representatives Through the Party-List System, Appropriating Funds Therefor";

[c] Resolution No. 2847 dated June 25, 1996 entitled, "Rules and Regulations Governing the Election of the Party-List Representatives through the Party-List System"; and

[d] Resolution No. 3307-A dated November 9, 2000 entitled, "Rules and Regulations Governing the Filing of Petition for Registration, Manifestation to Participate, and Submission of Names of Nominees Under the Party-List System of Representation in Connection with the May 14, 2001 National and Local Elections."

Who may participate?

Instead of individual candidates, only registered organized groups may participate and these are:

Sectoral Party – an organized group of citizens whose principal advocacy pertains to the special interests and concerns of the following sectors:

- labor - fisherfolk - peasant

- women - urban poor - youth

- indigenous - overseas workers - veterans

cultural

communities

- professionals - handicapped - elderly

Sectoral Organization – a group of qualified voters bound together by similar physical attributes or characteristics, or by employment, interests or concerns.

Political Party – an organized group of qualified voters pursuing the same ideology, political ideas and principles for the general conduct of the government; it may be:

[1] A national party when its constituency is spread over the geographical territory of at least a majority of the regions; and

[2] A regional party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising a region.

Coalition – an aggrupation of duly-registered national, regional, sectoral parties or organizations for political and/or election purposes.

What is the basic requirement for party-list participation?

Only organized groups duly registered with the Commission on Elections, and which have manifested their desire to participate in the party-list elections, may participate.

How may a party, organization or coalition [herein-after referred to as party] participate in the party-list election?

[a] Organized groups not yet registered with the Commission on Elections can participate by filing a petition for registration under oath. For purposes of the 2001 election, the petition must be filed not later than November 15, 2000.

[b] An organized group already registered need not register anew but shall file with the Commission a manifestation to participate in the party-list election.

When is the deadline to file manifestation?

Last day to file manifestation to participate in the party-list system for the May 14, 2001 elections – February 12, 2001.

What are the documents needed to support the petition for registration?

[a] Constitution and by-laws;

[b] Platform or program of government;

[c] Lists of officers and members;

[d] Coalition agreement, if any; and

[e] Other information required by the Commission.

For purposes of the May 14, 2001 elections, where shall a petition for registration or manifestation to participate be filed?

The petition for registration and manifestation to participate shall be filed with the Clerk of the Commission, Commission on Elections, Intramuros, Manila, as follows:

[a] For petitions involving a party with a national constituency, file in twenty-three (23) copies;

[b] For petitions involving a party with a regional constituency, file in ten (10) copies; and

[c] For manifestations, file in twelve (12) copies.

Who shall file applications for registration or manifestations to participate?

Any authorized representative of the political or sectoral party with the Clerk of the Commission, Commission on Elections, Intramuros, Manila.

What happens after the petition is filed?

The Clerk of the Commission shall determine if the petition is in due form and substance and verifies the accuracy of the allegations therein. Within seven (7) days, it shall submit the petition together with its findings and recommendations to the Commission.

The gist of the petition shall be published in two (2) national newspapers at the expense of the petitioner.

The Commission, after due notice and hearing, shall resolve the petition within fifteen (15) days from the date it was submitted for decision but not later than one hundred twenty (120) days before election day.

May a component party or organization participate independently of the coalition of which they form part?

Yes, provided the coalition of which they form part does not participate.

For purposes of determining regional constituency, what is meant by the phrase "spread over the geographical territory of at least a majority of the cities and provinces comprising the region"?

"Majority" means a number higher than 50%. Thus, if a region consists of, say, five (5) cities and six (6) provinces, in order to obtain the required majority, the party should have chapters in three (3) cities and provincial offices in four (4) provinces.

For purposes of determining national constituency, what is meant by the phrase "spread over the geographical territory of at least a majority of the regions"?

"Majority" means a number higher than 50%. Since the country is composed of sixteen regions, including CAR, ARMM and CARAGA, the party should have regional offices in at least nine (9) regions in order to constitute a majority of the regions in the country.

What information is necessary to establish existence of a party in a city and province?

A party must have identifiable leadership, membership and structure. These may be shown by the following:

[1] Addresses of its city chapter and provincial chapter; and

[2] The names of the chapter officials and members, and their respective addresses.

A party may submit additional documents to prove its existence in the city and province.

May the Comelec remove and/or cancel registration of any entity?

The Comelec may, motu proprio or upon verified complaint of any interested party, remove or cancel after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:

[a] It is a religious sect or denomination, organization or association organized for religious purposes;

[b] It advocates violence or unlawful means to achieve its goal;

[c] It is a foreign party or organization;

[d] It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or indirectly or through its officers or members or indirectly through third parties for partisan election purposes;

[e] It violates or fails to comply with laws, rules or regulations relating to elections;

[f] It has made untruthful statements in its petition; and

[g] It has ceased to exist for at least one (1) year from the time the petition is filed.

Is the enumeration of the sectors eligible to participate as sectoral party exclusive?

Yes. Only parties of those sectors enumerated in Section 5 of R.A. 7941 may register and participate as sectoral party.

May an organization which is not listed among the sectors eligible to participate as a sectoral party still participate in the party-list system?

Yes, as a sectoral organization.

How will the voters know which entities are participating?

Comelec shall prepare and publish a certified list of entities qualified to participate which shall be posted in all voting booths on election day.

What are the qualifications of a party-list nominee?

[a] A natural-born citizen of the Philippines;

[b] A registered voter;

[c] A resident of the Philippines for a period of not less than one (1) year immediately preceding the election day;

[d] Able to read and write;

[e] A bona fide member of the party he seeks to represent for at least ninety (90) days preceding election day; and

[f] At least twenty-five (25) years of age on election day.

In case of the youth sector, he must be at least twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who reaches the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.

How many seats are available under the party-list system?

Twenty percent (20%) of the total membership in the House of Representatives is reserved for party-list representatives, or a ratio of one (1) party list representative for every four (4) legislative district representatives.

How does the party-list system enhance the chances or marginalized or underrepresented parties of winning seats in the House of Representatives?

In the party-list system, no single party may hold more than three (3) party-list seats. Bigger parties which traditionally will dominate elections cannot corner all the seats and crowd out the smaller parties because of this maximum ceiling. This system shall pave the way for smaller parties to also win seats in the House of Representatives.

If individual candidates are not qualified to participate, how will the organized groups be represented in the House of Representatives?

A party shall, not later than March 31, 2001 submit to the Clerk of the Commission, Commission on Elections a list of at least five (5) nominees to represent said party. Once the party obtains the required number of votes, the Comelec shall proclaim the party-list representatives according to their ranking in the list of nominees submitted to Comelec.

In voting for representatives, how will a voter cast his vote?

Every voter shall be entitled to two (2) votes for the House of Representatives, as follows:

[a] First, a vote for a district representative; and

[b] Second, a vote for the party he wants represented in the House of Representatives.

How shall the votes cast for the party-list be counted?

Because the voting will be at large, and not by sector, all votes obtained by a party regardless of constituency will be tallied on a nationwide basis.

The percentage of votes garnered by a party shall be computed in relation to the total votes cast for the party-list nationwide.

How shall party-list seats be allocated? [See Veterans Federation Party, et al. vs. Commission on Elections, et al. (G. R. No. 136781, 06 October 2000)].

Party-list seats shall be allocated as follows:

[1] The parties shall be ranked from highest to lowest based on the number and percentage of votes garnered during the elections;

[2] Only a maximum of three seats may be allowed per party. Seats are allocated at the rate of one seat per 2% of votes obtained; and

[3] Unallocated seats shall be distributed among the parties which have not yet obtained the maximum 3 seats, provided they have mustered at least 2% of votes.

The variance of percentage in excess of 2% or 4% (equivalent to 1 or 2 seats that have already been obtained, respectively) shall be ranked and be the basis for allocating the remaining seats.

Will the names of nominees be included in the certified list of registered parties?

No. The names of the party-list nominees shall not be shown on the certified list of participating parties.

What is the importance of the list of nominees and of their ranking therein?

In case the party obtains the required number of votes, the nominees listed shall be proclaimed by Comelec according of their ranking in said list.

What are the limitations on party-list nominations?

[1] A person may be nominated by one party in one (1) list only;

[2] Only persons who have given their consent in writing and under oath may be named in the list;

[3] The list shall not include any candidate for any elective office in the same election or has lost his bid for an elective office in the immediately preceding election; and

[4] No change of name or alteration of the order of nominees shall be allowed after the list has been submitted to the Comelec except in valid cases of substitution.

Shall incumbent sectoral representatives in the House of Representatives nominated as party-list representative be considered resigned?

No, by express provisions of Sec. 8, R. A. 7941 which reads:

"Incumbent sectoral representatives in the House of Representatives who are nominated in the Party-list System shall not be considered resigned."

The provision creates a special class for incumbent sectoral representatives as to remove them from the general application of Secs. 66 and 67

[Repealed by Section 14, R. A. No. 9006]

of the Omnibus Election Code which are quoted in the succeeding question.

If nominees of political parties and sectoral parties and organizations are employees of the government, whether by appointment or by election, are they deemed ipso facto resigned from office upon the filing of the list of nominees?

Yes. Sections 66 and 67

[Repealed by Section 14, R. A. No. 9006]

of the Omnibus Election Code state:

"Sec. 66. Candidates holding appointive office or position. – Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy."

"Sec. 67. Candidates holding elective office. – Any elective official whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy." [Repealed by Section 14, R. A. No. 9006]

The specific mention of the incumbent sectoral representatives for non-coverage of the above provision implies that other party-list nominees shall be covered by Secs. 66 and 67. [Repealed

by Section 14, R. A. No. 9006]

Is it necessary for a nominee to be a member of the party nominating him?

Yes. A nominee should be a bona fide member of the party or organization he seeks to represent for at least ninety (90) days preceding the day of the election.

What are the effects of accepting a nomination?

[a] Any person holding a public appointive office including active members of the Armed Forces of the Philippines (AFP) and other officers and employees in government-owned or controlled corporations shall be considered ipso facto resigned from his office upon acceptance of a nomination.

[b] Any elective official, except incumbent party-list representatives, who has given his consent to a nomination shall be deemed resigned only upon the start of the campaign period.

What is required of a nominee in accepting nomination or in cases of withdrawal/s of nominations?

In either case, acceptance or withdrawal of nomination shall be in writing and filed with the Law Department of the Commission in Manila before the close of polls.

A nominee who withdraws his acceptance to the nomination shall not be eligible for nomination by other parties.

When can a party-list nominee be substituted?

A party-list nominee may be substituted only when he dies, or his nomination is withdrawn by the party, or he becomes incapacitated to continue as such, the name of the substitute nominee be placed last in the list of nominees.

No substitution shall be allowed by reason of withdrawal after the close of polls.

Are registered political and sectoral parties and organizations prohibited from revealing during their campaign the identities of those they included in the list of nominees submitted to the Comelec?

The law is silent as to the revelation of the names of nominees of the registered political or sectoral parties, except that in the last paragraph of Sec. 7 of the party-list law, it states that "the names of the party-list nominees shall not be shown on the certified list."

What will be the effect if a party-list representative changes his political party or sectoral affiliation during his term of office?

He shall forfeit his seat. Moreover, if he changes his political party or sectoral affiliation within six (6) months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.

What is the status of the party-list representatives vis-à-vis representatives of legislative districts in the House of Representatives?

Party-list representatives are considered elected Members of the House and as such, entitled to the same deliberative rights, salaries, and emoluments as the regular Members of the House of representatives. They shall serve for a term of three (3) years with a maximum of three (3) consecutive terms.

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