Party-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
Commission on lections !C"#LC$% Component parties or organizations of a
coalition may participate independently provided the coalition of which they form
part does not participate in the party-list system% &Sec '!a$, R%(% )o% *+,-.
The party-list system is composed of three di/erent groups0 !-$ national parties or
organizations1 !2$ regional parties or organizations1 and !'$ sectoral parties or
organizations% )ational and regional parties or organizations are di/erent from
sectoral parties or organizations% )ational and regional parties or organizations
need not 3e organized along sectoral lines and need not represent any particular
sector%
&(tong Paglaum vs C"#LC, 4%R% )o% 25'*66, et al%, (pril 2, 25-'.
!underscoring supplied$
7"8R 9):9"L(;L P(R(#TRS 9) TH P(RT<-L9ST S<ST#0
!-$ 25= (llocation - the com3ined num3er of all party-list congressmen shall not
e>ceed 25= of the total mem3ership of the House of Representatives%
!2$ 2= threshold - only those parties garnering a minimum of 2= of the total votes
cast for the party-list system are ?uali@ed to have a seat in the House%
!'$ Three seat limit - each ?uali@ed party, regardless of the num3er of votes it
actually o3tained is entitled to a ma>imum of three seats !- ?ualifying and 2
additional seats$%
!,$ Proportional representation - the additional seats which a ?uali@ed party is
entitled to shall 3e computed in proportion to their total num3er of votes% &;()(T v%
C"#LC,!255+$ Resolution1 :eterans 7ederation v% C"#LC !2555$.
7"R#8L( 7"R ATR#9)9)4 )8#;R "7 S(TS 7"R P(RT<-L9ST L(B#(CRS
Clearly, the Constitution maDes the num3er of district representatives the
determinant in arriving at the num3er of seats allocated for party-list lawmaDers,
who shall comprise Etwenty per centum of the total num3er of representatives
including those under the party-list%E Be thus translate this legal provision into a
mathematical formula, as follows0
)o% of district representatives
---------------------------------- > %25 F )o% of party-list
%G5 representatives
This formulation means that any increase in the num3er of district representatives,
as may 3e provided 3y law, will necessarily result in a corresponding increase in the
num3er of party-list seats% To illustrate, considering that there were 25G district
representatives to 3e elected during the -++G national elections, the num3er of
party-list seats would 3e H2, computed as follows0
25G
-------- > %25 F H2
%G5
The foregoing computation of seat allocation is easy enough to comprehend% The
pro3lematic ?uestion, however, is this0 Aoes the Constitution re?uire all such
allocated seats to 3e @lled up all the time and under all circumstancesI "ur short
answer is E)o%E &:eterans 7ederation v% C"#LC !2555$.
7"R#8L( 7"R ATR#9)9)4 (AA9T9")(L S(TS &as laid down in :eterans.
(% To determine the num3er of additional seats the @rst party is entitled to0
)um3er of votes
of @rst party Proportion of votes of
JJJJJJJJJJJJJJJJJJJJ F @rst party relative to
Total votes for total votes for party-list system
party-list system
wherein the proportion of votes received 3y the @rst party !without rounding o/$
shall entitle it to additional seats0
Proportion of votes received 3y the @rst party (dditional seats
?ual to or at least 6= Two !2$ additional seats
?ual to or greater than ,= 3ut less than 6= "ne !-$ additional sea
Less than ,= )o additional seat
Be adopted this si> percent 3ench marD, 3ecause the @rst party is not always
entitled to the ma>imum num3er of additional seats% LiDewise, it would prevent the
allotment of more than the total num3er of availa3le seats, such as in an e>treme
case wherein -G or more parties tie for the highest ranD and are thus entitled to
three seats each% 9n such scenario, the num3er of seats to which all the parties are
entitled may e>ceed the ma>imum num3er of party-list seats reserved in the House
of Representatives%
;% To determine the num3er of additional seats of the other ?uali@ed parties0
)o% of votes of
concerned party )o% of additional seats
(dditional seats for F JJJJJJJJJJJJJJJJ > allocated to @rst party
a concerned party )o of votes of
@rst party
P"L9T9C(L P(RT9S
( 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 mem3ers as candidates for pu3lic oKce% 9t is a
national party when its constituency is spread over the geographical territory of at
least a maLority of the regions% 9t is a regional party when its constituency is spread
over the geographical territory of at least a maLority of the cities and provinces
comprising the region% !d$ ( sectoral party refers to an organized group of citizens
3elonging to any of the sectors enumerated in Section H hereof whose principal
advocacy pertains to the special interest and concerns of their sector% &Sec '!c$, R(
*+,- or Party-List System (ct.
Political parties vis-a-vis the Emarginalized and underrepresentedE re?uirement
9n (tong Paglaum vs C"#LC !25-'$, the Supreme Court n ;anc stated that0
EThere is no re?uirement in R%(% )o% *+,- that a national or regional political party
must represent a MNOmarginalized and underrepresentedMN sector% 9t is suKcient
that the political party consists of citizens who advocate the same ideology or
platform, or the same governance principles and policies, regardless of their
economic status as citizens%
>>>
The maLor political parties are those that @eld candidates in the legislative district
elections% #aLor political parties cannot participate in the party-list elections since
they neither lacD MNOwell-de@ned political constituenciesMN nor represent
MNOmarginalized and underrepresentedMN sectors% Thus, the national or regional
parties under the party-list system are necessarily those that do not 3elong to maLor
political parties% This automatically reserves the national and regional parties under
the party-list system to those who MNOlacD well-de@ned political constituencies,MN
giving them the opportunity to have mem3ers in the House of Representatives%
>>>
The -+G* Constitution and R%(% )o% *+,- allow maLor political parties to participate
in party-list elections so as to encourage them to worD assiduously in e>tending
their constituencies to the MNOmarginalized and underrepresentedMN and to those
who MNOlacD well-de@ned political constituencies%MN The participation of maLor
political parties in party-list elections must 3e geared towards the entry, as
mem3ers of the House of Representatives, of the MNOmarginalized and
underrepresentedMN and those who MNOlacD well-de@ned political
constituencies,MN giving them a voice in lawmaDing% Thus, to participate in party-
list elections, a maLor political party that @elds candidates in the legislative district
elections must organize a sectoral wing, liDe a la3or, peasant, @sherfolD, ur3an poor,
professional, women or youth wing, that can register under the party-list system%
Such sectoral wing of a maLor political party must have its own constitution, 3y-
laws, platform or program of government, oKcers and mem3ers, a maLority of
whom must 3elong to the sector represented% The sectoral wing is in itself an
independent sectoral party, and is linDed to a maLor political party through a
coalition% This linDage is allowed 3y Section ' of R%(% )o% *+,-, which provides that
MNOcomponent parties or organizations of a coalition may participate
independently !in party-list elections$ provided the coalition of which they form part
does not participate in the party-list system%MN
&)ote0 (tong Paglaum vs C"#LC has e/ectively modi@ed the rule laid down in
(ng ;agong ;ayani vs C"#LC and ;()(T vs C"#LC% To recall, the re?uirement
in (ng ;agong ;ayani, in its second guideline, that MNOthe political party >>> must
represent the marginalized and underrepresented,MN automatically dis?uali@ed
maLor political parties from participating in the party-list system% "n the other hand,
;()(T e>pressly prohi3ited maLor political parties from participating in the party-list
system, even through their sectoral wings%.
SCT"R(L P(RT9S or "R4()9P(T9")S
( sectoral organization refers to a group of citizens or a coalition of groups of
citizens who share similar physical attri3utes or characteristics, employment,
interests or concerns% &Sec '!e$, R( *+,-.
( sectoral party refers to an organized group of citizens 3elonging to any of the
sectors enumerated in Section H hereof whose principal advocacy pertains to the
special interest and concerns of their sector% &Sec '!d$, R( *+,-.
Section H of R%(% )o% *+,- states that MNOthe sectors shall include la3or, peasant,
@sherfolD, ur3an poor, indigenous cultural communities, elderly, handicapped,
women, youth, veterans, overseas worDers, and professionals%MN
Sectoral parties vis-a-vis the Emarginalized and underrepresentedE ?uali@cation
The phrase MNOmarginalized and underrepresentedMN should refer only to the
sectors in Section H that are, 3y their nature, economically MNOmarginalized and
underrepresented%MN These sectors are0 la3or, peasant, @sherfolD, ur3an poor,
indigenous cultural communities, veterans, overseas worDers, and other similar
sectors% 7or these sectors, a maLority of the mem3ers of the sectoral party must
3elong to the MNOmarginalized and underrepresented%MN The nominees of the
sectoral party either must 3elong to the sector, or must have a tracD record of
advocacy for the sector represented% ;elonging to the MNOmarginalized and
underrepresentedMN sector does not mean one must MNOwallow in poverty,
destitution or in@rmity%MN 9t is suKcient that one, or his or her sector, is 3elow the
middle class% #ore speci@cally, the economically MNOmarginalized and
underrepresentedMN are those who fall in the low income group as classi@ed 3y the
)ational Statistical Coordination ;oard%
&)ote0 Sectoral parties of professionals, the elderly, women and the youth, need not
3e MNOmarginalized and underrepresentedMN % .
&(tong Paglaum vs C"#LC, 4%R% )o%
25'*66, et al%, (pril 2, 25-'.
The enumeration of marginalized and under-represented sectors is not e>clusive%
The crucial element is not whether a sector is speci@cally enumerated, 3ut whether
a particular organization complies with the re?uirements of the Constitution and R(
*+,-% #oral disapproval, without more, is not a suKcient governmental interest to
Lustify e>clusion of homose>uals from participation in the party-list system%
&(ng Ladlad L4;T Party v% C"#LC, !25-5$.
Ais?uali@ed Sectors &Sec 6, R%(% )o% *+,-.
!-$ Religious Sects
!2$ 7oreign "rganizations
!'$ Those (dvocating :iolence or 8nlawful #eans
!,$ 9t is receiving support from any foreign government, foreign political party,
foundation, organization, whether directly or through any of its oKcers or mem3ers
or indirectly through third parties for partisan election purposes%
!H$ 9t violates or fails to comply with laws, rules or regulations relating to elections1
!6$ 9t declares untruthful statements in its petition1
!*$ 9t has ceased to e>ist for at least one year1 or
!G$ 9t fails to participate in the last two preceding elections or fails to o3tain at least
2 per centum of the votes cast under the party-list system in the two !2$ preceding
elections for the constituency in which it has registered%