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web page contains the full text ofPrimer
on the Party-List System ofRepresentation
in the House of Representatives
ON THE PARTY-LIST SYSTEM OF REPRESENTATION IN THE HOUSE OF
mandated by Republic
Act No. 7941] byThe
Commission on Elections
- What is
system of election?
It is a
of proportional representation in the election of representatives to
House of Representatives from marginalized or underrepresented
regional and sectoral parties, or organizations or coalitions thereof
with the Commission on Elections (Comelec).
It is part
of the electoral process that enables small political parties and
and underrepresented sectors to obtain possible representation in the
of Representatives, which traditionally is dominated by parties with
the May 14, 2001 elections, what are the important dates in relation to
the party-list system of election?
15, 2000 – last day to file petition for registration for
12, 2001 – last day to file manifestation to participate in the
2001 – last day to submit to the Law Department, Commission on
Intramuros, Manila a list of at least five (5) nominees to represent
bases for the party-list system of election?
x x x The House of Representatives shall be composed of not more than
hundred and fifty members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the provinces,
and the Metropolitan Manila Area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive
and those who, as provided by law, shall be elected through a
system of registered national, regional, and sectoral parties or
Act No. 7941 dated March 3, 1995, "An Act Providing for the
of Party-List Representatives Through the Party-List System,
The party-list representatives shall constitute twenty per centum of
the total number of representatives including those under the
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,
urban poor, indigenous cultural communities, women, youth, and such
sectors as may be provided by law, except the religious sector;
Each legislative district shall comprise, as far as practicable,
compact and adjacent territory. Each city with a population of at least
two hundred fifty thousand, or each province, shall have at least one
Within three years following the return of every census, the Congress
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)
No. 2847 dated June 25, 1996 entitled, "Rules and Regulations
the Election of the Party-List Representatives through the Party-List
No. 3307-A dated November 9, 2000 entitled, "Rules and Regulations
the Filing of Petition for Registration, Manifestation to Participate,
and Submission of Names of Nominees Under the Party-List System of
in Connection with the May 14, 2001 National and Local Elections."
- Who may
individual candidates, only registered organized groups may participate
and these are:chanroblesvirtuallawlibrary
– an organized group of citizens whose principal advocacy pertains to
special interests and concerns of the following sectors:chanroblesvirtuallawlibrary
- overseas workers - veterans
– a group of qualified voters bound together by similar physical
or characteristics, or by employment, interests or concerns.
– an organized group of qualified voters pursuing the same ideology,
ideas and principles for the general conduct of the government; it may
national party when its constituency is spread over the geographical
of at least a majority of the regions; and
regional party when its constituency is spread over the geographical
of at least a majority of the cities and provinces comprising a region.
aggrupation of duly-registered national, regional, sectoral parties or
organizations for political and/or election purposes.
- What is
requirement for party-list participation?
groups duly registered with the Commission on Elections, and which have
manifested their desire to participate in the party-list elections, may
- How may
organization or coalition [herein-after referred to as party]
in the party-list election?
groups not yet registered with the Commission on Elections can
by filing a petition for registration under oath. For purposes of the
election, the petition must be filed not later than November 15, 2000.
organized group already registered need not register anew but shall
with the Commission a manifestation to participate in the party-list
- When is
to file manifestation?
Last day to
file manifestation to participate in the party-list system for the May
14, 2001 elections – February 12, 2001.
needed to support the petition for registration?
or program of government;
of officers and members;
agreement, if any; and
information required by the Commission.
the May 14, 2001 elections, where shall a petition for registration or
manifestation to participate be filed?
for registration and manifestation to participate shall be filed with
Clerk of the Commission, Commission on Elections, Intramuros, Manila,
petitions involving a party with a national constituency, file in
petitions involving a party with a regional constituency, file in ten
manifestations, file in twelve (12) copies.
applications for registration or manifestations to participate?
representative of the political or sectoral party with the Clerk of the
Commission, Commission on Elections, Intramuros, Manila.
the petition is filed?
the Commission shall determine if the petition is in due form and
and verifies the accuracy of the allegations therein. Within seven (7)
days, it shall submit the petition together with its findings and
to the Commission.
the petition shall be published in two (2) national newspapers at the
of the petitioner.
after due notice and hearing, shall resolve the petition within fifteen
(15) days from the date it was submitted for decision but not later
one hundred twenty (120) days before election day.
- May a
party or organization participate independently of the coalition of
they form part?
the coalition of which they form part does not participate.
determining regional constituency, what is meant by the phrase "spread
over the geographical territory of at least a majority of the cities
provinces comprising the region"?
means a number higher than 50%. Thus, if a region consists of, say,
(5) cities and six (6) provinces, in order to obtain the required
the party should have chapters in three (3) cities and provincial
in four (4) provinces.
determining national constituency, what is meant by the phrase
over the geographical territory of at least a majority of the regions"?
means a number higher than 50%. Since the country is composed of
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.
is necessary to establish existence of a party in a city and province?
have identifiable leadership, membership and structure. These may be
by the following:chanroblesvirtuallawlibrary
of its city chapter and provincial chapter; and
A party may
additional documents to prove its existence in the city and province.
names of the chapter officials and members, and their respective
- May the
remove and/or cancel registration of any entity?
may, motu proprio or upon verified complaint of any interested
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:chanroblesvirtuallawlibrary
is a religious sect or denomination, organization or association
for religious purposes;
advocates violence or unlawful means to achieve its goal;
is a foreign party or organization;
is receiving support from any foreign government, foreign political
foundation, organization, whether directly or indirectly or through its
officers or members or indirectly through third parties for partisan
violates or fails to comply with laws, rules or regulations relating to
has made untruthful statements in its petition; and
has ceased to exist for at least one (1) year from the time the
- Is the
of the sectors eligible to participate as sectoral party exclusive?
of those sectors enumerated in Section 5 of R.A.
7941 may register and participate as sectoral party.
- May an
which is not listed among the sectors eligible to participate as a
party still participate in the party-list system?
Yes, as a
know which entities are participating?
prepare and publish a certified list of entities qualified to
which shall be posted in all voting booths on election day.
of a party-list nominee?
natural-born citizen of the Philippines;
resident of the Philippines for a period of not less than one (1) year
immediately preceding the election day;
to read and write;
bona fide member of the party he seeks to represent for at least ninety
(90) days preceding election day; and
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
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.
are available under the party-list system?
(20%) of the total membership in the House of Representatives is
for party-list representatives, or a ratio of one (1) party list
for every four (4) legislative district representatives.
system enhance the chances or marginalized or underrepresented parties
of winning seats in the House of Representatives?
system, no single party may hold more than three (3) party-list seats.
Bigger parties which traditionally will dominate elections cannot
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.
are not qualified to participate, how will the organized groups be
in the House of Representatives?
not later than March 31, 2001 submit to the Clerk of the Commission,
on Elections a list of at least five (5) nominees to represent said
Once the party obtains the required number of votes, the Comelec shall
proclaim the party-list representatives according to their ranking in
list of nominees submitted to Comelec.
how will a voter cast his vote?
shall be entitled to two (2) votes for the House of Representatives, as
a vote for a district representative; and
a vote for the party he wants represented in the House of
cast for the party-list be counted?
voting will be at large, and not by sector, all votes obtained by a
regardless of constituency will be tallied on a nationwide basis.
of votes garnered by a party shall be computed in relation to the total
votes cast for the party-list nationwide.
seats be allocated? [See
Veterans Federation Party, et al. vs. Commission on
(G. R. No. 136781, 06 October 2000)].
seats shall be allocated as follows:chanroblesvirtuallawlibrary
parties shall be ranked from highest to lowest based on the number and
percentage of votes garnered during the elections;
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
allocating the remaining seats.
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
seats shall be distributed among the parties which have not yet
the maximum 3 seats, provided they have mustered at least 2% of votes.
of nominees be included in the certified list of registered parties?
of the party-list nominees shall not be shown on the certified list of
- What is
of the list of nominees and of their ranking therein?
In case the
party obtains the required number of votes, the nominees listed shall
proclaimed by Comelec according of their ranking in said list.
on party-list nominations?
person may be nominated by one party in one (1) list only;
persons who have given their consent in writing and under oath may be
in the list;
list shall not include any candidate for any elective office in the
election or has lost his bid for an elective office in the immediately
preceding election; and
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
sectoral representatives in the House of Representatives nominated as
representative be considered resigned?
provisions of Sec. 8, R.
A. 7941 which reads:chanroblesvirtuallawlibrary
sectoral representatives in the House of Representatives who are
in the Party-list System shall not be considered resigned."
creates a special class for incumbent sectoral representatives as to
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.
political parties and sectoral parties and organizations are employees
of the government, whether by appointment or by election, are they
ipso facto resigned from office upon the filing of the list of nominees?
holding appointive office or position. – Any person holding a
appointive office or position, including active members of the Armed
of the Philippines and officers and employees in government-owned or
corporations, shall be considered ipso facto resigned from his office
the filing of his certificate of candidacy."
holding elective office. – Any elective official whether national
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
by Section 14, R.
A. No. 9006]
mention of the incumbent sectoral representatives for non-coverage of
above provision implies that other party-list nominees shall be covered
by Secs. 66 and 67. [Repealedby Section 14, R.
A. No. 9006]
- Is it
for a nominee to be a member of the party nominating him?
should be a bona fide member of the party or organization he
to represent for at least ninety (90) days preceding the day of the
of accepting a nomination?
person holding a public appointive office including active members of
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.
elective official, except incumbent party-list representatives, who has
given his consent to a nomination shall be deemed resigned only upon
start of the campaign period.
- What is
of a nominee in accepting nomination or in cases of withdrawal/s of
nominee be substituted?
political and sectoral parties and organizations prohibited from
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
7 of the party-list
law, it states that "the names of the party-list nominees shall
not be shown on the certified list."
effect if a party-list representative changes his political party or
affiliation during his term of office?
his seat. Moreover, if he changes his political party or sectoral
within six (6) months before an election, he shall not be eligible for
nomination as party-list representative under his new party or
- What is
of the party-list representatives vis-à-vis
of legislative districts in the House of Representatives?
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representatives are considered elected Members of the House and as
entitled to the same deliberative rights, salaries, and emoluments as
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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