Party-List System

Summary

The party-list system in the Philippines is a mechanism for proportional representation in the House of Representatives, allowing marginalized and underrepresented groups to have a voice in government. Key elements include a 20% seat allocation, a two percent threshold for guaranteed seats, proportional representation for additional seats, and a three-seat limit. Notable Supreme Court cases, like Banat vs. Comelec, have challenged the constitutionality of the two percent threshold, leading to its revision. Nominees must meet specific qualifications, and political parties must follow strict guidelines. The system ensures broader representation of diverse interests in the legislative process.

Takeaways

• 📊 The party-list system is a mechanism of proportional representation to elect representatives to the House of Representatives from national, regional, and sectoral parties.
• 🎯 The goal of the party-list system is to ensure the representation of marginalized and underrepresented sectors and organizations.
• 📜 Political parties and organizations wishing to participate must represent the marginalized sectors as defined in RA 7941.
• 🚫 The religious sector cannot be represented, and the organization should not be funded or affiliated with the government.
• 👥 Party-list nominees must meet certain qualifications: natural-born citizen, registered voter, resident for at least one year, able to read and write, and a member of the party for at least 90 days before the election.
• 📈 The House of Representatives allocates 20% of its seats to party-list representatives, ensuring proportional representation.
• 🔢 A party-list organization is guaranteed one seat if it garners at least 2% of the total votes cast, with a maximum of three seats per organization.
• ⚖️ The proportional representation formula is adjusted based on total votes, and a three-seat cap is applied regardless of votes obtained.
• 💡 The Supreme Court declared the two percent threshold for additional seats unconstitutional, as it hinders the maximum allocation of available seats.
• 📋 The list of party nominees must contain at least five names, and any vacancy is filled by the next name on the list to maintain representation.

Q & A

What is the purpose of the party list system in the Philippines?

The purpose of the party list system is to enable certain Filipino citizens, especially those belonging to marginalized and underrepresented sectors, organizations, and parties, to be elected to the House of Representatives.

What are the qualifications for party list nominees?

Party list nominees must be natural-born Filipino citizens, registered voters, residents of the Philippines for at least one year preceding the election, able to read and write, at least 25 years old (for the youth sector, at least 25 but not more than 30 years old), and bona fide members of the party or organization they represent for at least 90 days prior to the election.

What sectors are prohibited from being represented in the party list system?

The religious sector is prohibited from being represented in the party list system.

What is the significance of the 2% threshold in the party list system?

The 2% threshold guarantees a party one seat in the House of Representatives if they garner at least 2% of the total party list votes cast.

What is the 'three-seat cap' in the Philippine party list system?

The three-seat cap limits each qualified party to a maximum of three seats in the House of Representatives, regardless of how many votes it receives.

How does proportional representation work in the party list system?

After the allocation of guaranteed seats to parties with at least 2% of the votes, the remaining seats are distributed proportionally to all parties, including those with less than 2% of the votes, based on the number of votes they garnered.

What was the ruling in the case of BANAT vs. COMELEC regarding the 2% threshold?

The Supreme Court ruled that the 2% threshold for the distribution of additional seats is unconstitutional, as it mathematically prevents the full utilization of all available party list seats when the number of seats exceeds 50.

How are vacancies in the party list system filled?

If a vacancy occurs in the seats reserved for party list representatives, the next nominee on the party's list submitted to COMELEC fills the vacancy. If the list is exhausted, the party must submit additional nominees.

What happens if a party list representative changes political party or sectoral affiliation during their term?

A party list representative who changes political party or sectoral affiliation during their term forfeits their seat. If this change happens within six months before an election, they are not eligible for nomination under their new party.

What are the implications of the Supreme Court decision in the COCFED vs. COMELEC case?

In COCFED vs. COMELEC, the Supreme Court held that failing to submit a list of at least five qualified nominees before the election is grounds for cancellation of a party's registration, as the law requires a minimum of five nominees.

Outlines

00:00

🗳️ Party List System Overview

The party list system is a mechanism of proportional representation in elections for the House of Representatives in the Philippines. It aims to give marginalized and underrepresented sectors a voice in Congress. Political parties must adhere to specific guidelines to participate, and religious sectors are excluded. Nominees must meet criteria such as citizenship, voter registration, residency, and other qualifications. Key components include a 20% seat allocation, guaranteed seats for those with at least 2% of the vote, proportional representation, and a three-seat cap per party.

05:00

⚖️ Constitutional Interpretation of Party List Seats

The Supreme Court reviewed the allocation of party list seats, referencing the Veterans case and the Constitution. It reaffirmed that party list representatives should comprise 20% of the House of Representatives. Parties receiving at least 2% of the votes are guaranteed a seat, with the remaining seats distributed proportionally. The Court emphasized that the formula used in previous cases needs to be adjusted for fairness. The Congress has the authority to adjust the number of party list seats in response to changes in the number of legislative districts.

10:00

📊 The Problem with the 2% Threshold

The Court discussed the issues arising from the 2% threshold rule in allocating additional seats. It ruled that this threshold is unconstitutional because it prevents full representation in the House when there are more available seats than can be filled under the threshold. An illustration was provided to show how this threshold limits representation, and the Court struck it down in favor of a more inclusive allocation process. The goal is to ensure that the maximum number of party list seats are occupied, facilitating broader representation.

15:02

⚖️ Detailed Procedure for Seat Allocation

The procedure for determining party list seat allocation is outlined in RA 7941. It includes ranking parties by votes, guaranteeing seats to those receiving at least 2% of the vote, and distributing additional seats proportionally. However, the 2% threshold was deemed unconstitutional. The Court emphasized that fractional seats should not be rounded up in the absence of a specific law, and remaining seats are allocated based on rankings. The three-seat cap remains in place to prevent any party from dominating the party list system.

Keywords

💡Party List System

The Party List System is a mechanism of proportional representation in the election of Representatives to the House of Representatives. It is intended to provide representation to marginalized and underrepresented groups, allowing various sectors, organizations, and coalitions to have a voice in the government. This concept is central to the video as it explains the guidelines and legal framework of the Party List System in the Philippines.

💡Marginalized and Underrepresented

These terms refer to sectors of society that lack adequate representation in traditional political systems. The Party List System aims to empower these groups by ensuring they have representation in the House of Representatives. The script emphasizes the importance of these groups being the primary participants in the Party List System, as outlined in the Party List System Act (RA-7941).

💡House of Representatives

The House of Representatives is one of the two chambers of the Philippine Congress. The Party List System is a key feature of how representatives are elected to this body, with specific seats reserved for party list organizations. The script explains how these seats are allocated, particularly emphasizing the 20% allocation and proportional representation aspects.

💡Two Percent Threshold

The Two Percent Threshold refers to the minimum percentage of the total votes that a party list must secure to gain a guaranteed seat in the House of Representatives. The script explains that this threshold has been a point of contention, particularly in the case of 'Banat vs. Comelec,' where the court reviewed its constitutionality. It is central to the debate on how to fairly distribute party list seats.

💡Proportional Representation

Proportional Representation refers to the method of allocating additional seats to party list organizations based on the number of votes they receive. This ensures that even organizations with less than 2% of the total votes can still be represented. The video discusses the challenges of proportional representation, particularly in relation to the flawed mathematical interpretation of this concept in previous cases.

💡Three Seat Cap

The Three Seat Cap limits the number of seats any qualified party list organization can hold to a maximum of three, regardless of the number of votes received. This rule is designed to prevent any one organization from dominating the Party List System. The video refers to this cap multiple times, emphasizing its role in maintaining balance and fairness in representation.

💡Republic Act 7941

Republic Act 7941, also known as the Party List System Act, provides the legal framework for the Party List System in the Philippines. It outlines the eligibility criteria for party list organizations and the process for allocating seats. The script frequently references this law, explaining its key provisions, such as the two percent threshold and the rules for nominee qualifications.

💡Nominee Qualifications

Nominee Qualifications refer to the specific criteria that a person must meet to represent a party list organization. These include being a natural-born citizen, a registered voter, a resident of the Philippines for at least one year before the election, and at least 25 years old. The video emphasizes that these qualifications ensure that nominees can contribute effectively to legislative processes.

💡Banat vs. Comelec

Banat vs. Comelec is a landmark case mentioned in the video that questioned the constitutionality of the two percent threshold in the Party List System Act. The Supreme Court ruled that the threshold was unconstitutional in relation to the distribution of additional seats. This case plays a significant role in shaping the current understanding of proportional representation and seat allocation.

💡Sectoral Wings

Sectoral Wings refer to the specific wings or branches of major political parties that represent marginalized or specific interest groups within the Party List System. The script mentions that major political parties can participate in the Party List System through these wings, allowing them to engage in proportional representation while focusing on sectoral interests.

Highlights

The party list system is a mechanism of proportional representation for electing representatives to the House of Representatives.

The system aims to allow marginalized and underrepresented sectors to be elected to the House of Representatives.

Guidelines state that political parties wishing to participate must represent marginalized and underrepresented sectors, according to Section 5 of RA-7941.

Religious sectors may not be represented in the party list system.

Each party or organization must not be funded or assisted by the government and its nominees must comply with legal requirements.

Nominees must be natural-born citizens, registered voters, residents for at least one year, able to read and write, and 25 years of age (or up to 30 for youth sector).

20% of the total House of Representatives' membership is reserved for party list organizations.

Parties receiving at least 2% of total votes are guaranteed one seat in the House.

Each qualified party can win up to a maximum of three seats, regardless of votes received.

The two-percent threshold for qualifying for a seat was ruled unconstitutional by the Supreme Court, as it hinders full representation.

The Supreme Court revisited the formula for allocating additional seats to party list organizations, adjusting it for proportional representation.

Section 11 of RA-7941 outlines the ranking system for distributing seats based on total votes received during elections.

Major political parties can participate in the party list system through sectoral wings.

If a party list representative changes their party affiliation during their term, they forfeit their seat.

Vacancies are filled by the next representative on the list submitted by the party or organization to the COMELEC.

Transcripts

for the list system 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

comelec

the purpose of the partialist system is

to enable certain Filipino citizens

especially those belonging to

marginalized and underrepresented

sectors organizations and parties to be

elected to the House of Representatives

guidelines in screening partialist

participants

the party's organizations must represent

the marginalized and underrepresented in

Section 5 of ra-7941 or the portalist

system Act

political parties who wish to

participate must comply with this policy

the religious sector may not be

represented

the party or organization must not be

disqualified under Section 6 of the

party list system Act

the party or organization must not be an

adjunct of or a project organized or an

entity funded or assisted by the

government

its nominees must likewise comply with

the requirements of the law

the nominee must likewise be able to

contribute to the formulation and

enactment of legislation that will

benefit the nation

qualifications of partialist nominees

must be a natural born citizen a

registered voter a resident of the

Philippines for a period of not less

than one year immediately preceding the

day of the election

able to read and write

a Bonafide member of the party or

organization which he seeks to represent

for at least 90 days preceding the day

of the election and at least 25 years of

age on the day of the election in case

of the youth sector he must at least be

25 but not more than 30 years old on the

day of the election

four parameters in the Philippine style

party list election first is the 20

allocation

20 of the total number of the membership

of the House of Representatives is the

maximum number of seats available to

party list organizations such that there

is automatically one party list seat for

every four existing legislative

districts

the second parameter

is the guaranteed seat for a party list

organization garnering two percent of

the total votes cast

the guaranteed seats shall be

distributed in a first round of seat

allocation to parties receiving at least

two percent of the total party list

votes

the third parameter is proportional

representation the additional seats that

is the remaining seats after allocation

of the guaranteed seats shall be

distributed to the party list

organizations including those that

received less than two percent of the

total votes and finally the three seat

cap

each qualified party regardless of the

number of votes it actually obtained is

entitled only to a maximum of three

seats

let us discuss the case of banat versus

comelec the issue in this case is is the

two percent threshold prescribed in

section 11b of the party list system act

to qualify for one seat constitutional

the Supreme Court first discussed the

four parameters it held that we maintain

that a Philippine style party list

election has at least four inviolable

parameters as clearly stated in the case

of veterans so for easy reference these

are the 20 allocation the two percent

threshold the three seat limit and

proportional representation the 20

allocation means that the combined

number of all party list congressmen

shall not exceed 20 of the total

membership of the House of

Representatives including those elected

under the party list now under 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

as to 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

as the proportional representation the

additional seats which a qualified party

is entitled to shall be computed in

proportion to their total number of

votes however because the formula in the

case of veterans has flaws in its

mathematical interpretation of the term

proportional representation the court

com is compelled to revisit the formula

for the allocation of additional seats

to partialist organizations in this case

the court discussed that section 5

paragraph 1 article 6 of The

Constitution states that the House of

Representatives shall be composed of not

more than 250 members unless otherwise

fixed by law

the House of Representatives shall be

composed of District representatives and

portalist representatives

the Constitution however allows the

legislature to modify the number of the

members of the House of Representatives

Section 5 paragraph 2 article 6 of The

Constitution on the other hand States

the ratio of party list representatives

to the total number of Representatives

the Court held that 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

the case of veterans thus number of

seats available to legislative districts

divided by 0.80 times 0.20 equals the

number of seats available to party lists

Representatives

this formula allows for the

corresponding increase in the number of

seats available for party list

Representatives whenever a legislative

district is created by law

the Constitution left the Congress the

determination of the manner of

allocating the seats for partylist

Representatives

Congress enacted re number 7941 which

provides in section 11 that in

determining the allocation of seats for

the second vote the following procedures

shall be observed

the party's organizations and coalitions

shall be ranked from the highest to the

lowest based on the number of votes they

garnered during the elections

the party's organizations and coalitions

receiving at least two percent 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 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 seats so

section 11a of re number 7941 prescribes

the ranking of the participating parties

from the highest to the lowest based on

the number of votes they garnered during

the election

the first loss of section 11b of re

number 7941 guarantees a seat to the two

percenters

the second gloss of section 11 V of RA

number 7941 is where petitioners and

interveners problem with a formula

formula in veteran slice

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 Republic act number

7941

so what are the rules in Computing the

allocation of additional seats

the Court held 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

class of section 11b of re number 7941

is unconstitutional

this threshold makes it mathematically

impossible to achieve the maximum number

of available particular 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 percent of the members of the

House of Representatives shall consist

of partialist Representatives

illustration

there are 55 available partyless seats

Suppose there are 50 million votes cast

for The 100 participants and the party

list elections

a party that has two percent of the

votes cast or 1 million votes gets a

guaranteed seat

let us further assume that the first 50

parties all get 1 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 partyless seats to 60 seats

and even if we increase the Boost the

votes cast to 100 million

thus

even if the maximum number of parties

get to 2 percent of the votes for every

party it is always impossible for the

number of occupied partylist 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 class of section 11b

of RA number 7941

the two percent threshold presents an

unwarranted obstacle to the full

implementation of Section 5 to article 6

of The Constitution and prevents the

attainment of the broadest possible

representation of party sectoral or

group interests in the House of

Representatives

now the allocation of seats has the

following procedure so in determining

the allocation of seats for particles

Representatives under Section 11 of re

number 7941 the following procedure

shall be observed

the party's organizations and coalitions

shall be ranked from the highest to the

lowest based on the number of votes they

garnered during the elections

the party's organizations and coalitions

receiving at least two percent of the

total votes cast for the party list

system shall be entitled to one

guaranteed seat each

those garnering sufficient number of

votes according to the ranking in

paragraph one shall be entitled to

additional seats in proportion to their

total number of votes until all the

additional seats are allocated

each party organization or Coalition

shall be entitled to not more than three

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

partylist system less the guaranteed

seats

fractional seats are disregarded in the

absence of a provision in ra number 7941

allowing for a rounding off of

fractional seats

the Supreme Court further held that in

declaring the two percent threshold

unconstitutional we do not limit our

allocation of additional seats to the

two percenters

the percentage of votes garnered by each

partialist candidate is arrived at by

dividing the number of votes garnered by

each party by the total number of votes

cast for party list candidates

two steps in the second round seat

allocation first the percentage is

multiplied by the remaining available

seats which is the difference between

the maximum seats reserved under the

party list system and the guaranteed

seats of the two percenters

the whole integer of the product of the

percentage and of the remaining

available seats corresponds to A party's

share in the remaining available seats

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

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

major political parties May participate

in the portalest system through its

sectoral wings

effective change of affiliation

any elected party list representative

who changes his political party or

sectoral affiliation during his term of

office shall forfeit his seat 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 martialist

representative under his new party or

organization

how about vacancies

in case of vacancy in the seats reserved

for partialist Representatives the

vacancies shall be automatically filled

by the next representative from the list

of nominees in the order submitted to

the comelec by the same party

organization or Coalition Who Shall

Serve for the unexpired term

if the list is exhausted the party

organization or Coalition concerned

shall submit additional nominees

let us discuss the case of cocoa fed

versus comelec

the Supreme Court held in this case that

failure to submit the list of five

nominees before the election warrants

the cancellation of its registration

the law expressly requires the

submission of a list containing at least

five qualified nominees under Section 8

of RA number 7941

failure to submit a list of five

nominees despite ample opportunity to do

so before the elections is a violation

imputable to the party under Section 6

paragraph 5 of re number 7941

so the language is Section 8 of re

number 7941 does not only use the word

shall in connection with the requirement

of submitting a list of nominees it uses

this mandatory term in conjunction with

the number of names to be submitted that

is couch negatively not less than five

the fact that a party list group is

entitled to no more than three seats in

Congress regardless of the number of

votes it may Garner does not render

Section 8 of re number 7941 permissive

in nature

even if a partialist group can only have

a maximum of three seats the requirement

of additional two nominees actually

addresses the contingencies that may

happen during the term of these party

list Representatives session 16 of re

number 7941 reads that in case of

vacancy in the seats reserved for party

list Representatives the vacancy shall

be automatically filled by the next

representative from the list of nominees

in the order submitted to the comelec by

the same party organization or Coalition

Who Shall Serve for the unexpired term

if the list is exhausted the party

organization or Coalition concerned

shall submit additional nominees

while the law allows the submission of

additional nominees once the list is

exhausted the exhaustion of the list

presupposes prior compliance with the

requirement of Section 8 of re number

7941

the court emphasized that the party list

system is a constitutional Innovation

that would expand opportunities for

electoral participation to those who

cannot hope to win in the legislative

district elections but who may generate

votes Nationwide equivalent to what a

winner in the legislative district

election would Garner in short the party

list system operates on the theoretical

assumption that a party list group has

National constituency whose interests

concerns or ideologies call for

representation in the House of

Representatives

Avion versus House of Representatives

electoral training

in this case the Court held that clearly

the members of the House of

Representatives are of two kinds members

who shall be elected from legislative

districts and those who shall be elected

through partylist system or registered

National Regional and sexual parties or

organizations

this means that from the Constitution's

point of view it is the party list

Representatives who are elected into

office not their parties or

organizations

these representatives are elected

however through that peculiar partilist

system that the constitution authorized

and that Congress by law established

where the voters cast their votes for

the organizations or parties to which

such bortilist Representatives belong

but once elected both the district's

representatives and the party list

representatives are treated in like

manner they have the same deliberative

rights salaries and emoluments they can

participate in the making of laws that

will directly benefit their legislative

districts or sectors they are also

subject to the same term limitation of

three years for a maximum of three

consecutive terms

it may not be amiss to point out that

the party list system act itself

recognizes partilist nominees as members

of the hausa representatives