En Banc

VETERANS FEDERATION PARTY, et al, petitioners, vs. COMMISSION ON ELECTIONS, et al

GR No. 136781 October 6, 2000

Panganiban, J.

Topic: Article VI, Section 5. Composition of the House of Representatives

Facts:
Case Assailing the resolution of COMELEC regarding the election for party-list, May 11, 1998 the first
election for the party-list representation was held simultaneously with national elections. COMELEC
en banc proclaimed 13 party-list representatives from 12 parties which had obtained at least 2% of
the total number of votes cast. Two of the proclaimed belonged to petitioner APEC which obtained
5.5% votes. Fourteen party-list representatives were already sitting. PAGASA filed with COMELEC a
petition for a full number of party-list representatives provided by the Constitution; it alleged that the
filling up of 20% membership party-list representatives in the House of Representatives was
mandatory. It further claimed that literal application of the 2% vote and 3 seat limit under RA 7941
would defeat the constitutional provision, for only 25 nominees would be declared winners, short of
the 52 party-list representatives, who should actually sit in the House.
Issue:
a. Whether or not the 20% allocation under Sec. 5 (2) Art. VI of the Constitution is mandatory or
merely a ceiling?
b. Whether or not, the 2% threshold requirement and 3-seat is a constitutional limitation?

Held:

a. Sec.5 (2) Art VI of the Constitution is not mandatory. The Constitution makes the number of
district representatives, the determinant in arriving at the number of seats allocated for the
party-list lawmakers, who shall comprise 20% of the total number of representatives, including
those under the party-list. However, the Constitution doesn’t require all such seats allocated to
be filled up all the time and under all circumstances. The Constitution explicitly sets down only
the percentage of the total membership in the House of Representatives reserved for the
party-list representatives. Sec. 5(2) Art. VI of the Constitution is not mandatory. It merely
provides a ceiling for party-list seats on Congress.

b. The 2% threshold is consistent not only with the intent of the framers of the Constitution and
law, but with the very essence of “representation”. Congress set the seat-limit to 3 for each
qualified party. In imposing a 2% threshold, Congress wanted to ensure that only those parties,
organizations, having sufficient number of constituents deserving representation are actually
represented in Congress.
Conclusion:
WHEREFORE, the Petitions are hereby partially GRANTED. The assailed Resolutions of the
Comelec are SET ASIDE and NULLIFIED. The proclamations of the fourteen (14) sitting party-list
representatives — two for APEC and one each for the remaining twelve (12) qualified parties — are
AFFIRMED. No pronouncement as to costs.
SO ORDERED.