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Act No. 7941PARTY-LIST SYSTEM ACT
ACT NO. 7941 AN
ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH
PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR.
Be it enacted by the Senate and House of Representatives of the
in Congress assembled:
Section 1. Title. - This Act shall be known as the "Party-List
Sec. 2. Declaration of Policy. - The State shall promote
representation in the election of representatives to the House of
through a party-list system of registered national, regional and
parties or organizations or coalitions thereof, which will enable
citizens belonging to the marginalized and underrepresented sectors,
and parties, and who lack well-defined political constituencies but who
could contribute to the formulation and enactment of appropriate
that will benefit the nation as a whole, to become members of the House
of Representatives. Towards this end, the State shall develop and
a full, free and open party system in order to attain the broadest
representation of party, sectoral or group interests in the House of
by enhancing their chances to compete for and win seats in the
and shall provide the simplest scheme possible.
Sec. 3. Definition of Terms. - (a) The party-list system is a
of proportional representation in the election of representatives to
House of Representatives from national, regional and sectoral parties
organizations or coalitions thereof registered with the Commission on
(COMELEC). Component parties or organizations of a coalition may
participate independently provided the coalition of which they form
does not participate in the party-list system.
A party means either a political party or a sectoral party or a
A political party refers to an organized group of citizens advocating
ideology or platform, principles and policies for the general conduct
government and which, as the most immediate means of securing their
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
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
a majority of the cities and provinces comprising the region.
A sectoral party refers to an organized group of citizens belonging to
any of the sectors enumerated in Section 5 hereof whose principal
pertains to the special interests and concerns of their sector.
A sectoral organization refers to a group of citizens or a coalition of
groups of citizens who share similar physical attributes or
employment, interest or concerns.
A coalition refers to an aggrupation of duly registered national,
sectoral parties or organizations for political and/or election
Sec. 4. Manifestation to Participate in the Party-List System. -
Any party, organization, or coalition already registered with the
need not register anew. However, such party, organization or coalition
shall file with the Commission, not later than ninety (90) days before
the election, a manifestation of its desire to participate in the
Sec. 5. Registration. - Any organized group of persons may
as a party, organization or coalition for purposes of the party-list
by filing with the COMELEC not later than ninety (90) days before the
a petition verified by its president or secretary stating its desire to
participate in the party-list system as a national, regional or
party or organization or a coalition of such parties or organizations,
attaching thereto its constitution, by-laws, platform or program of
list of officers, coalition agreement and other relevant information as
the COMELEC may require: provided, that the sectors shall include
peasant, fisherfolk, urban poor, indigenous cultural communities,
handicapped, women, youth, veterans, overseas workers, and
The COMELEC shall publish the petition in at least two (2) national
of general circulation.
The COMELEC shall, after due notice and hearing, resolve the petition
fifteen (15) days from the date it was submitted for decision but in no
case not later than sixty (60) days before election.
Sec. 6. Removal and/or Cancellation of Registration. - The
may motu proprio or upon verified complaint of any interested party,
or cancel, after due notice and hearing, the registration of any
regional or sectoral party, organization or coalition on any of the
It is a religious sect or denomination, organization or association
for religious purposes;
It advocates violence or unlawful means to seek its goal;
It is a foreign party or organization;
It is receiving support from any foreign government, foreign political
party, foundation, organization, whether directly or through any of its
officers or members or indirectly through third parties for partisan
It violates or fails to comply with laws, rules or regulations relating
It declares untruthful statements in its petition;
It has ceased to exist for at least one (1) year; or
It fails to participate in the last two (2) preceding elections or
to obtain at least two percentum (2%) of the votes cast under the
system in the two (2) preceding elections for the constituency in which
it has registered.
Sec. 7. Certified List of Registered Parties. - The COMELEC
not later than sixty (60) days before election, prepare a certified
of national, regional, or sectoral parties, organizations or coalitions
which have applied or who have manifested their desire to participate
the party-list system and distribute copies thereof to all precincts
posting in the polling places on election day. The names of the
nominees shall not be shown on the certified list.
Sec. 8. Nominations of Party-List Representatives. - Each
party, organization or coalition shall submit to the COMELEC not later
than forty-four (45) [sic] days before the election a list of names,
less than five (5) from which party-list representatives shall be
in case it obtains the required number of votes.
A person may be nominated in one (1) list only. Only persons who have
their consent in writing may be named in the list. The list shall not
any candidate for any elective office or person who has lost his bid
an elective office in the immediately preceding election. No change of
names or alteration of the order of nominees shall be allowed after the
same shall have been submitted to the COMELEC except in cases where the
nominee dies, or withdraws in writing, his nomination, becomes
in which case the name of the substitutes nominee shall be placed last
in the list. Incumbent sectoral representatives in the House of
who are nominated in the party-list system shall not be considered
Sec. 9. Qualification of Party-List Nominees. - No person shall
be nominated as party-list representative unless he is a natural born
of the Philippines, a registered voter, a resident of the Philippines
a period of not less than one (1) year immediately preceding the day of
the election, 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)
of age on the day of the election.
In case of a nominee of the youth sector, he must at least be
(25) but not more than thirty (30) years of age on the day of the
Any youth sectoral representative who attains the age of thirty during
his term shall be allowed to continue until the expiration of his term.
Sec. 10. Manner of Voting. - Every voter shall be entitled to
(2) votes. The first is a vote for candidate for member of the
of Representatives in his legislative district, and the second, a vote
for the party, organization, or coalition he wants represented in the
of Representatives: provided, that a vote cast for a party, sectoral
or coalition not entitled to be voted for shall not be counted:
finally that the first election under the party-list system shall be
in May 1998.
The COMELEC shall undertake the necessary information campaign for
of educating the electorate on the matter of the party-list system.
Sec. 11. Number of Party-List Representatives. - The party-list
representatives shall constitute twenty percentum (20%) of the total
of the members of the House of Representatives including those under
For purposes of the May 1998 elections, the first five (5) major
parties on the basis of party representation in the House of
at the start of the Tenth Congress of the Philippines shall not be
to participate in the party-list system.
In determining the allocation of seats for the second vote, the
procedure shall be observed:
The parties, organizations, and coalitions shall be ranked from the
to the lowest based on the number of votes garnered during the
The parties, organizations, and coalitions receiving at least two
(2%) of the total votes cast for the party-list system shall be
to one seat each: provided, that those garnering more than two
(2%) of the votes shall be entitled to additional seats in proportion
their total number of votes: provided, finally, that each party,
or coalition shall be entitled to not more than three (3) seats.
Sec. 12. Procedure in Allocating Seats for Party-List
- The COMELEC shall tally all the votes for the parties,
or coalitions on a nationwide basis, rank them according to the number
of votes received and allocate party-list representatives
according to the percentage of votes obtained by each party,
or coalition as against the total nationwide votes cast for the
Sec. 13. How Party-List Representatives are Chosen. - Party-list
representatives shall be proclaimed by the COMELEC based on the list of
names submitted by the respective parties, organizations, or coalitions
to the COMELEC according to their ranking in the said list.
Sec. 14. Term of Office. - Party-list representatives shall be
for a term of three (3) years which shall begin, unless otherwise
by law, at noon on the thirtieth day of June next following their
No party-list representatives shall serve for more than three (3)
terms. Voluntary renunciation of the office for any length of time
not be considered as an interruption in the continuity of his service
the full term for which he was elected.
Sec. 15. Change of Affiliation Effect. - Any elected
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 (6)
before an election, he shall not be eligible for nomination as
representative under his new party or organization.
Sec. 16. Vacancy. - In case of vacancy in seats reserved for
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,
or coalition concerned shall submit additional nominees.
Sec. 17. Rights of Party-List Representatives. - Party-list
shall be entitled to the same salaries and emoluments as regular
of the House of Representatives.
Sec. 18. Rules and Regulations. - The COMELEC shall promulgate
necessary rules and regulations as may be necessary to carry out the
of this Act.
Sec. 19. Appropriations. - The amount necessary for the
of this Act shall be provided in the regular appropriations for the
on Elections starting fiscal year 1996 under the General Appropriations
Starting 1995, the COMELEC is hereby authorized to utilize savings and
other available funds for purposes of its information campaign on the
Sec. 20. Separability Clause. - If any part of this Act is held
invalid or unconstitutional, the other parts or provisions thereof
remain valid and effective.
Sec. 21. Repealing Clause. - All laws, decrees, executive
rules and regulations, or parts thereof, inconsistent with the
of this Act are hereby repealed.
Sec. 22. Effectivity. - This Act shall take effect fifteen (15)
days after its publication in a newspaper of general circulation.
(Sgd.) JOSE DE VENECIA, JR.
President of the Senate Speaker
of the House
This Act, which is a consolidation of House Bill No. 3043 and Senate
No. 1913, was finally passed by the House of Representatives and the
on February 28, 1995.
(Sgd.) CAMILO L. SABIO
Secretary of the
House of Representatives
Approved: March 3, 1995
(Sgd.) FIDEL V. RAMOS
President of the Philippines
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