Party-List System
Summary
TLDRThe 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
- ๐ The party-list system is a mechanism of proportional representation to elect representatives to the House of Representatives from national, regional, and sectoral parties.
- ๐ฏ The goal of the party-list system is to ensure the representation of marginalized and underrepresented sectors and organizations.
- ๐ Political parties and organizations wishing to participate must represent the marginalized sectors as defined in RA 7941.
- ๐ซ The religious sector cannot be represented, and the organization should not be funded or affiliated with the government.
- ๐ฅ 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.
- ๐ The House of Representatives allocates 20% of its seats to party-list representatives, ensuring proportional representation.
- ๐ข 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.
- โ๏ธ The proportional representation formula is adjusted based on total votes, and a three-seat cap is applied regardless of votes obtained.
- ๐ก The Supreme Court declared the two percent threshold for additional seats unconstitutional, as it hinders the maximum allocation of available seats.
- ๐ 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
๐ณ๏ธ 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.
โ๏ธ 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.
๐ 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.
โ๏ธ 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.
Mindmap
Keywords
๐กParty List System
๐กMarginalized and Underrepresented
๐กHouse of Representatives
๐กTwo Percent Threshold
๐กProportional Representation
๐กThree Seat Cap
๐กRepublic Act 7941
๐กNominee Qualifications
๐กBanat vs. Comelec
๐กSectoral Wings
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
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