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on the Party-List System ofRepresentation
in the House of Representatives
PRIMER
ON THE PARTY-LIST SYSTEM OF REPRESENTATION IN THE HOUSE OF
REPRESENTATIVES[As
mandated by Republic
Act No. 7941] byThe
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?
"[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:chanroblesvirtuallawlibrary
- Sectoral
Party
– an organized group of citizens whose principal advocacy pertains to
the
special interests and concerns of the following sectors:chanroblesvirtuallawlibrary
-
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:chanroblesvirtuallawlibrary
[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:chanroblesvirtuallawlibrary
[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:chanroblesvirtuallawlibrary
[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:chanroblesvirtuallawlibrary
[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:chanroblesvirtuallawlibrary
[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:chanroblesvirtuallawlibrary
[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:chanroblesvirtuallawlibrary
"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?
"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. [Repealedby 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?
- When
can a
party-list
nominee be substituted?
- 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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