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Of Party-List Representatives Provided by The Constitution, Docketed As
Of Party-List Representatives Provided by The Constitution, Docketed As
Of Party-List Representatives Provided by The Constitution, Docketed As
SUPREME COURT
Manila
EN BANC
G.R. No. 179271
The Facts
The 14 May 2007 elections included the elections for the party-list
representatives. The COMELEC counted 15,950,900 votes cast for 93
parties under the Party-List System.6
On 27 June 2002, BANAT filed a Petition to Proclaim the Full Number
of Party-List Representatives Provided by the Constitution, docketed as
NBC No. 07-041 (PL) before the NBC. BANAT filed its petition because
"[t]he Chairman and the Members of the [COMELEC] have recently
been quoted in the national papers that the [COMELEC] is duty bound
to and shall implement the Veterans ruling, that is, would apply the
Panganiban formula in allocating party-list seats."7 There were no
intervenors in BANATs petition before the NBC. BANAT filed a
memorandum on 19 July 2007.
On 9 July 2007, the COMELEC, sitting as the NBC, promulgated NBC
Resolution No. 07-60. NBC Resolution No. 07-60 proclaimed thirteen
(13) parties as winners in the party-list elections, namely: Buhay
Hayaan Yumabong (BUHAY), Bayan Muna, Citizens Battle Against
Corruption (CIBAC), Gabrielas Women Party (Gabriela), Association of
Philippine Electric Cooperatives (APEC), A Teacher, Akbayan! Citizens
Action Party (AKBAYAN), Alagad, Luzon Farmers Party (BUTIL),
Cooperative-Natco Network Party (COOP-NATCCO), Anak Pawis,
Alliance of Rural Concerns (ARC), and Abono. We quote NBC
Resolution No. 07-60 in its entirety below:
WHEREAS, the Commission on Elections sitting en banc as National
Board of Canvassers, thru its Sub-Committee for Party-List, as of 03
July 2007, had officially canvassed, in open and public proceedings, a
total of fifteen million two hundred eighty three thousand six
hundred fifty-nine (15,283,659) votes under the Party-List System of
Representation, in connection with the National and Local Elections
conducted last 14 May 2007;
WHEREAS, the study conducted by the Legal and Tabulation Groups
of the National Board of Canvassers reveals that the
projected/maximum total party-list votes cannot go any higher
than sixteen million seven hundred twenty three thousand one
hundred twenty-one (16,723,121) votes given the following statistical
data:
Projected/Maximum Party-List Votes for May 2007 Elections
i.
ii.
iii
.
PARTY/ORGANIZATION/
COALITION
VOTES
RECEIVED
BUHAY
1,163,218
BAYAN MUNA
972,730
CIBAC
760,260
GABRIELA
610,451
APEC
538,971
A TEACHER
476,036
AKBAYAN
470,872
ALAGAD
423,076
BUTIL
405,052
10
COOP-NATCO
390,029
11
BATAS
386,361
12
ANAK PAWIS
376,036
13
ARC
338,194
14
ABONO
337,046
Bayan Muna
Alagad
1
0
11 Anak Pawis
1
2
1
3
Abono
=
Total votes for party-list system
Party-List
BUHAY
1,178,747
BAYAN MUNA
977,476
CIBAC
755,964
GABRIELA
621,718
APEC
622,489
A TEACHER
492,369
AKBAYAN
462,674
ALAGAD
423,190
BUTIL
409,298
10
COOP-NATCO
412,920
11
ANAKPAWIS
370,165
12
ARC
375,846
13
ABONO
340,151
0.07248 or 7.2%
16,261,369
which entitles it to two (2) additional seats.
WHEREAS, in determining the additional seats for the other qualified
parties, organizations and coalitions, the correct formula as expressed
in Veterans and reiterated in CIBAC is, as follows:
No. of votes of
concerned party
Additional
seats for
a
concerned
party
x
No. of votes of
first party
Percentage
BAYAN MUNA
1.65
CIBAC
1.28
GABRIELA
1.05
APEC
1.05
A TEACHER
0.83
AKBAYAN
0.78
ALAGAD
0.71
BUTIL
0.69
COOP-NATCO
0.69
ANAKPAWIS
0.62
ARC
0.63
No. o
addition
seats
allocate
to firs
party
ABONO
0.57
Additional Seats
BUHAY
BAYAN MUNA
CIBAC
GABRIELA
APEC
1. That the full number -- twenty percent (20%) -- of PartyList representatives as mandated by Section 5, Article VI of
the Constitution shall be proclaimed.
2. Paragraph (b), Section 11 of RA 7941 which prescribes the
2% threshold votes, should be harmonized with Section 5,
Article VI of the Constitution and with Section 12 of the same
RA 7941 in that it should be applicable only to the first partylist representative seats to be allotted on the basis of their
initial/first ranking.
3. The 3-seat limit prescribed by RA 7941 shall be applied;
and
4. Initially, all party-list groups shall be given the number of
seats corresponding to every 2% of the votes they received
and the additional seats shall be allocated in accordance with
Section 12 of RA 7941, that is, in proportion to the
percentage of votes obtained by each party-list group in
relation to the total nationwide votes cast in the party-list
election, after deducting the corresponding votes of those
which were allotted seats under the 2% threshold rule. In
fine, the formula/procedure prescribed in the "ALLOCATION
OF PARTY-LIST SEATS, ANNEX "A" of COMELEC
RESOLUTION 2847 dated 25 June 1996, shall be used for
[the] purpose of determining how many seats shall be
proclaimed, which party-list groups are entitled to
representative seats and how many of their nominees shall
seat [sic].
5. In the alternative, to declare as unconstitutional Section 11
of Republic Act No. 7941 and that the procedure in allocating
seats for party-list representative prescribed by Section 12 of
RA 7941 shall be followed.
R E C O M M E N D A T I O N:
The petition of BANAT is now moot and academic.
COMMENTS / OBSERVATIONS:
SO ORDERED.10
BANAT filed a petition for certiorari and mandamus assailing the ruling
in NBC Resolution No. 07-88. BANAT did not file a motion for
reconsideration of NBC Resolution No. 07-88.
No. of Seat(s)
1.1
Buhay
1.2
Bayan Muna
1.3
CIBAC
1.4
Gabriela
1.5
APEC
1.6
A Teacher
1.7
Akbayan
1.8
Alagad
1.9
Butil
1.10
Coop-Natco [sic]
1.11
Anak Pawis
1.12
ARC
1.13
Abono
1.14
AGAP
1.15
AMIN
and such other sectors as may be provided by law, except the religious
sector.
The first paragraph of Section 11 of R.A. No. 7941 reads:
x .20 =
.80
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. Since the 14th Congress of the Philippines
has 220 district representatives, there are 55 seats available to partylist representatives.
220
x .20 =
55
.80
After prescribing the ratio of the number of party-list representatives to
the total number of representatives, the Constitution left the manner
of allocating the seats available to party-list representatives to the
wisdom of the legislature.
Allocation of Seats for Party-List Representatives:
The Statutory Limits Presented by the Two Percent Threshold
and the Three-Seat Cap
All parties agree on the formula to determine the maximum number of
seats reserved under the Party-List System, as well as on the formula
to determine the guaranteed seats to party-list candidates garnering at
least two-percent of the total party-list votes. However, there are
numerous interpretations of the provisions of R.A. No. 7941 on the
allocation of "additional seats" under the Party-List
System. Veterans produced the First Party Rule,20 and Justice Vicente
V. Mendozas dissent in Veterans presented Germanys Niemeyer
formula21 as an alternative.
Rank
(c) The remaining seats shall, after deducting the seats
obtained by the party-list groups under the immediately
preceding paragraph and after deducting from their total the
votes corresponding to those seats, the remaining seats shall
be allotted proportionately to all the party-list groups which
have not secured the maximum three (3) seats under the 2%
threshold rule, in accordance with Section 12 of RA 7941. 23
Forty-four (44) party-list seats will be awarded under BANATs first
interpretation.
Party
Votes
Garnered
Ra
BUHAY
1,169,234
48
BAYAN MUNA
979,039
49
CIBAC
755,686
50
GABRIELA
621,171
51
APEC
619,657
52
A TEACHER
490,379
53
40
PM
119,054
87
AKBAYAN
466,112
54
41
AVE
110,769
88
ALAGAD
423,149
55
42
SUARA
110,732
89
COOP-NATCCO
409,883
56
43
ASSALAM
110,440
90
10
BUTIL
409,160
57
44
DIWA
107,021
91
11
BATAS
385,810
58
45
ANC
99,636
92
12
ARC
374,288
59
46
SANLAKAS
97,375
93
13
ANAKPAWIS
370,261
60
47
ABC
90,058
14
ABONO
339,990
61
15
AMIN
338,185
62
16
AGAP
328,724
63
17
AN WARAY
321,503
64
18
YACAP
310,889
65
19
FPJPM
300,923
66
20
UNI-MAD
245,382
67
21
ABS
235,086
68
22
KAKUSA
228,999
69
23
KABATAAN
228,637
70
BUHAY
1,169,234
24
ABA-AKO
218,818
71
BAYAN MUNA
979,039
25
ALIF
217,822
72
CIBAC
755,686
26
SENIOR CITIZENS
213,058
73
GABRIELA
621,171
27
AT
197,872
74
APEC
619,657
28
VFP
196,266
75
A TEACHER
490,379
29
ANAD
188,521
76
AKBAYAN
466,112
30
BANAT
177,028
77
ALAGAD
423,149
31
ANG KASANGGA
170,531
78
COOP-NATCCO
409,883
32
BANTAY
169,801
79
10
BUTIL
409,160
33
ABAKADA
166,747
80
11
BATAS29
385,810
34
1-UTAK
164,980
81
12
ARC
374,288
35
TUCP
162,647
82
13
ANAKPAWIS
370,261
36
COCOFED
155,920
83
14
ABONO
339,990
37
AGHAM
146,032
84
15
AMIN
338,185
38
ANAK
141,817
85
16
AGAP
328,724
39
ABANSE! PINAY
130,356
86
17
AN WARAY
321,503
The first clause of Section 11(b) of R.A. No. 7941 states that "parties,
organizations, and coalitions receiving at least two percent (2%) of the
total votes cast for the party-list system shall be entitled to one seat
each." This clause guarantees a seat to the two-percenters. In Table 2
below, we use the first 20 party-list candidates for illustration purposes.
The percentage of votes garnered by each party is arrived at by
dividing the number of votes garnered by each party by 15,950,900,
the total number of votes cast for all party-list candidates.
Table 2. The first 20 party-list candidates and their respective
percentage of votes garnered over the total votes for the party-list. 28
Rank
Party
Votes Garnered
Total
18
YACAP
310,889
19
FPJPM
300,923
20
UNI-MAD
245,382
Rank
Party
Votes
Garnered
Votes
Garnered
over
Total Votes
for Party
List, in %
(A)
Gu
(Firs
BUHAY
1,169,234
7.33%
BAYAN MUNA
979,039
6.14%
CIBAC
755,686
4.74%
GABRIELA
621,171
3.89%
APEC
619,657
3.88%
A Teacher
490,379
3.07%
AKBAYAN
466,112
2.92%
ALAGAD
423,149
2.65%
931
COOPNATCCO
409,883
2.57%
10
BUTIL
409,160
2.57%
11
BATAS
385,810
2.42%
12
ARC
374,288
2.35%
13
ANAKPAWIS
370,261
2.32%
14
ABONO
339,990
2.13%
15
AMIN
338,185
2.12%
16
AGAP
328,724
2.06%
17
AN WARAY
321,503
2.02%
18
YACAP
310,889
1.95%
19
FPJPM
300,923
1.89%
20
UNI-MAD
245,382
1.54%
21
ABS
235,086
1.47%
22
KAKUSA
228,999
1.44%
23
KABATAAN
228,637
1.43%
24
ABA-AKO
218,818
1.37%
25
ALIF
217,822
1.37%
26
SENIOR
CITIZENS
213,058
1.34%
27
AT
197,872
1.24%
MR. VILLACORTA. Why not? When they come to the party list
system, they will be fielding only sectoral candidates.
28
VFP
196,266
1.23%
29
ANAD
188,521
1.18%
30
BANAT
177,028
1.11%
31
ANG
KASANGGA
170,531
1.07%
32
BANTAY
169,801
1.06%
33
ABAKADA
166,747
1.05%
34
1-UTAK
164,980
1.03%
35
TUCP
162,647
1.02%
36
COCOFED
155,920
0.98%
Total
Applying the procedure of seat allocation as illustrated in Table 3
above, there are 55 party-list representatives from the 36 winning
17
MR. TADEO. Ang punto lamang namin, pag pinayagan mo ang UNIDO
na isang political party, it will dominate the party list at mawawalang
saysay din yung sector. Lalamunin mismo ng political parties ang party
list system. Gusto ko lamang bigyan ng diin ang "reserve." Hindi ito
reserve seat sa marginalized sectors. Kung titingnan natin itong 198
seats, reserved din ito sa political parties.
x x x 32 (Emphasis supplied)
MR. MONSOD. Hindi po reserved iyon kasi anybody can run there. But
my question to Commissioner Villacorta and probably also to
Commissioner Tadeo is that under this system, would UNIDO be
banned from running under the party list system?
MR. VILLACORTA. No, as I said, UNIDO may field sectoral
candidates. On that condition alone, UNIDO may be allowed to
register for the party list system.
MR. MONSOD. May I inquire from Commissioner Tadeo if he shares
that answer?
MR. TADEO. The same.
MR. VILLACORTA. Puwede po ang UNIDO, pero sa sectoral lines.
xxxx
MR. OPLE. x x x In my opinion, this will also create the stimulus for
political parties and mass organizations to seek common ground. For
example, we have the PDP-Laban and the UNIDO. I see no reason
why they should not be able to make common goals with mass
organizations so that the very leadership of these parties can be
transformed through the participation of mass organizations. And if this
is true of the administration parties, this will be true of others like the
Partido ng Bayan which is now being formed. There is no question that
they will be attractive to many mass organizations. In the opposition
parties to which we belong, there will be a stimulus for us to contact
mass organizations so that with their participation, the policies of such
parties can be radically transformed because this amendment will
create conditions that will challenge both the mass organizations and
the political parties to come together. And the party list system is
certainly available, although it is open to all the parties. It is understood
that the parties will enter in the roll of the COMELEC the names of
representatives of mass organizations affiliated with them. So that we
may, in time, develop this excellent system that they have in Europe
where labor organizations and cooperatives, for example, distribute
themselves either in the Social Democratic Party and the Christian
Democratic Party in Germany, and their very presence there has a
transforming effect upon the philosophies and the leadership of those
parties.
It is also a fact well known to all that in the United States, the AFL-CIO
always vote with the Democratic Party. But the businessmen, most of
them, always vote with the Republican Party, meaning that there is no
reason at all why political parties and mass organizations should not
combine, reenforce, influence and interact with each other so that the
very objectives that we set in this Constitution for sectoral
representation are achieved in a wider, more lasting, and more
institutionalized way. Therefore, I support this [Monsod-Villacorta]
amendment. It installs sectoral representation as a constitutional gift,
but at the same time, it challenges the sector to rise to the majesty of
R.A. No. 7941 provided the details for the concepts put forward by the
Constitutional Commission. Section 3 of R.A. No. 7941 reads:
Definition of Terms. (a) 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 Commission
on Elections (COMELEC). Component parties or organizations of a
coalition may participate independently provided the coalition of which
they form part does not participate in the party-list system.
(b) A party means either a political party or a sectoral party or
a coalition of parties.
(c) A political party refers to an organized group of citizens
advocating an ideology or platform, principles and policies for
the general conduct of government and which, as the most
immediate means of securing their adoption, 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
geographical 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 least a majority of the cities and
provinces comprising the region.
(d) A sectoral party refers to an organized group of citizens
belonging to any of the sectors enumerated in Section 5
hereof whose principal advocacy pertains to the special
interests and concerns of their sector,
(e) A sectoral organization refers to a group of citizens or a
coalition of groups of citizens who share similar physical
attributes or characteristics, employment, interests or
concerns.
(f) A coalition refers to an aggrupation of duly registered
national, regional, sectoral parties or organizations for
political and/or election purposes.
Congress, in enacting R.A. No. 7941, put the three-seat cap to prevent
any party from dominating the party-list elections.
Neither the Constitution nor R.A. No. 7941 prohibits major political
parties from participating in the party-list system. On the contrary, the
framers of the Constitution clearly intended the major political parties to
participate in party-list elections through their sectoral wings. In fact,
the members of the Constitutional Commission voted down, 19-22, any
permanent sectoral seats, and in the alternative the reservation of the
party-list system to the sectoral groups.33 In defining a "party" that
participates in party-list elections as either "a political party or a
sectoral party," R.A. No. 7941 also clearly intended that major political
parties will participate in the party-list elections. Excluding the major
political parties in party-list elections is manifestly against the
Constitution, the intent of the Constitutional Commission, and R.A. No.
ANTONIO T. CARPIO
Associate Justice
Formula for Determining
Additional Seats for the First Party
Now, how do we determine the number of seats the
first party is entitled to? The only basis given by the
law is that a party receiving at least two percent of
the total votes shall be entitled to one seat.
Proportionally, if the first party were to receive twice
the number of votes of the second party, it should
be entitled to twice the latters number of seats and
so on. The formula, therefore, for computing the
number of seats to which the first party is entitled is
as follows:
Number of votes
of first party
Proportion of vot
=
total votes fo
xxx
Note that the above formula will be applicable only
in determining the number of additional seats the
first party is entitled to. It cannot be used to
determine the number of additional seats of the
other qualified parties. As explained earlier, the use
of the same formula for all would contravene the
proportional representation parameter. For
example, a second party obtains six percent of the
total number of votes cast. According to the above
formula, the said party would be entitled to two
additional seats or a total of three seats overall.
However, if the first party received a significantly
higher amount of votes say, twenty percent to
grant it the same number of seats as the second
party would violate the statutory mandate of
proportional representation, since a party getting
only six percent of the votes will have an equal
number of representatives as the one obtaining
twenty percent. The proper solution, therefore, is to
grant the first party a total of three seats; and the
party receiving six percent, additional seats in
proportion to those of the first party.
Formula for Additional
Seats of Other Qualified Parties
Step Three The next step is to solve for the number
of additional seats that the other qualified parties
are entitled to, based on proportional
representation. The formula is encompassed by the
following complex fraction:
No. of votes of
concerned party
Additional
seats
for
concerned
party
Additional seats
for concerned
party
No. of votes of
concerned party
=
No. of votes
of first party
xxx
Incidentally, if the first party is not entitled to any
additional seat, then the ratio of the number of
votes for the other party to that for the first one is
multiplied by zero. The end result would be zero
additional seat for each of the other qualified
parties as well.
spirit of the Constitution. That opinion will serve as the graveyard of the
party-list system.
IN VIEW WHEREOF, I dissent on the ruling allowing the entry of major
political parties into the party-list system.
REYNATO S. PUNO
Chief Justice
SEPARATE OPINION
NACHURA, J.:
I concur with the well-written ponencia of Justice Antonio T. Carpio.
However, I wish to add a few words to support the proposition that the
inflexible 2% threshold vote required for entitlement by a party-list
group to a seat in the House of Representatives in Republic Act (R.A.)
No. 79411 is unconstitutional. This minimum vote requirement fixed
at 2% of the total number of votes cast for the party list system
presents an unwarranted obstacle to the full implementation of Section
5 (2), Article VI, of the Philippine Constitution. As such, it effectively
defeats the declared constitutional policy, as well as the legislative
objective expressed in the enabling law, to allow the peoples broadest
representation in Congress,2 the raison detre for the adoption of the
party-list system.
Article VI, Section 5 of the 1987 Constitution pertinently provides:
Section 5. (1) 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 hundred fifty thousand, or
each province, shall have at least one representative.
(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. 3
This party-list provision in the Constitution intends to open the
system4 of representation by allowing different sectors, parties,
organizations and coalitions to win a legislative seat. It diversifies the
membership in the legislature and "gives genuine power to the
people."5 As aforesaid, the Constitution desires the peoples widest
representation in Congress.
No. of district
representatives
x .20 =
No. of party-list
representatives
.80
This formulation means that any increase in the number of district
representatives, as may be provided by law, will necessarily result in a
corresponding increase in the number of party-list seats.
On the basis of this formula, the number of party-list seats is not static;
it could add up to a substantial figure depending on the additional
number of legislative districts which Congress may create. Thus, for
instance, the ponencia states that "since the 14th Congress of the
Philippines has 220 district representatives, there are 55 seats
available to party-list representatives," based on the following
computation:
220
x .20 = 55
.80
To provide the mechanics for the implementation of the party-list
system, Congress enacted R.A. No. 7941, Section 117 of which sets,
among others, the inviolable parameter that a party, sectoral
organization or coalition, must obtain at least two percent (2%) of the
total votes cast for the party-list system in order to claim one seat in the
House of Representatives. This is referred to as the threshold vote, or
the minimum vote requirement.
Here lies the crux of its unconstitutionality.
Given this fixed 2% threshold vote, the maximum number of seats in
the House of Representatives which may be occupied by party-list
representatives can never exceed fifty (50), because:
100%
(Total number of votes cast for party-list system)
2%
= 1.818%
=1
Time changes and laws change with it.10 And the Constitution --must grow with the society it seeks to re-structure and march apace
with the progress of the race, drawing from the vicissitudes of history
the dynamism and vitality that will keep it, far from being a petrified
rule, a pulsing, living law attuned to the heartbeat of the nation. 11