VETERANS vs.

COMELEC
October 6, 2000, G.R. No. 136781
J. Panganiban
FACTS
On May 11, 1998, the first election for the party-list scheme was held
simultaneously with the national elections. A total of 123 parties, organizations and
coalitions participated but only 13 party-list representatives from 12 parties and
organizations which obtained at least two percent of the total number of votes cast
for the party-list system were proclaimed on June 26, 1998. The COMELEC en banc
determined that COCOFED (Philippine Coconut Planters Federation Inc.) was entitled
to one party-list seat for having garnered 2.04% of the total votes cast for the partlist system. Hence, Calderon was proclaimed as 14 th party-list representative,
On July 6, 1998, PAG-ASA filed with Comelec a petition to proclaim the full number
of party-list representatives provided by the Constitution. It alleged that filling up of
the 20% membership of party-list representatives in HOR, under the Constitution,
was mandatory. Nine other party-list organizations filed their Motion for Intervention
which was later on granted by the Comelec Second Division and affirmed by
COMELEC en banc (3 commissioners concurring, 2 members dissenting) on January
7, 1999.
On October 15, 1998, Comelec Second Division also ordered the proclamation of
herein 38 respondents. In addition to the 14, theres a total of 52-party list
representatives. It held that at all times, the total number of congressional seats
must be filled up by 80% district representatives and 20% party-list
representatives. In allocating 52, it disregarded the 2% vote requirement and
identified instead the three elements of party-list system. The twelve (12) parties
which had earlier been proclaimed winners on the basis of at least two percent of
the votes objected to the proclamation of 38 parties and filed separate Motion for
Reconsideration. The proclaimed parties asked the SC to annul the Comelec action
and instead to proclaim additional seats, so that each of them would have three
party-list reps.
ISSUES
(1) WON 20% is a mere ceiling, not mandatory; should the 20% allocation for
party-list be filled up completely all the time?
(2) Are the 2% threshold and the 3-seat limit constitutional?
(3) How should the additional seats be determined?
(4) WON COMELEC commit grave abused of discretion in ruling that 38 parties,
organizations, and coalitions are entitled to a party-list seat.
HELD
(1) NO. Sec. 5(2) Art. 6 merely provide a ceiling for party-list seats in Congress.
The Congress has prerogative to determine whether to adjust or change this
percentage requirement, and the mechanics by which it is to be filled up.
(2) YES. The 2% threshold and the 3-seat limit are consistent with the very
essence of representation. The 3-seat limit ensures the entry of various
interest-representations into the legislative. Thus, no single group would

dominate - to ensure that only parties with sufficient number of constituents

are actually represented in Congress.
(3) As to the method of allocating additional seats, the first step is to rank all the
participating parties according to the votes they each obtained. The
percentage of their respective votes as against the total number of votes cast
for the party-list system is then determined. All those that garnered at least
two percent of the total votes cast have an assured or guaranteed seat in the
House of Representatives. Thereafter, those garnering more than two percent
of the votes shall be entitled to additional seats in proportion to their total
number of votes. The formula for additional seats of other qualified parties is:
# of votes of concerned party
x
no. of additional seats
# of votes of first party
allocated to the first party
(4) YES. Because it glaringly violated two requirements of RA7941 which is the
two percent threshold and proportional representation.
Note:
*There are 4 parameters to determine the winners in a party-list election under RA
7941:
1. 20% allocation
3. 3-seat limit
2. 2% threshold
4. Proportional representation
**Three elements of the party-list system
1. The system was conceived to enable the marginalized sectors of the
Philippine society to be represented in the HOR
2. The system should represent the broadest sectors of the Philippine society.
3. It should encourage (the) multi-party system.