Beruflich Dokumente
Kultur Dokumente
FACTS
o May 2007 elections included elections for party list representatives
o 15,950,900 for 93 parties under Party List System
o BANAT filed a Petition to Proclaim the Full Number of Party-List Representatives
Provided by the Constitution
o Filed because members of Comelec were quoted in national papers that they
are bound to implement Veterans ruling and Panganiban formula in allocating
party list seats
o Comelec promulgated NBC (Natl Board of Canvassers) Resolution 07-60
o Proclaimed 13 parties as winners in the party-list elections
o Sec 11 RA 7941 provides those receiving at least 2% of total votes are entitled
to 1 seat, those with more than 2% are entitled to additional seats in
proportion to their total number of votes (maximum of 3 seats)
2% of 16, 723,121 = 334,462
=
o Buhay obtained 7.2% = 2 additional seats
o For additional seats:
.
.
.
ISSUES
1. W/N 20% ALLOCATION FOR PARTY-LIST REPRESENTATIVES (ART VI
SEC 5 (2)) IS MANDATORY?
o JUST A CEILING?
2. W/N 3 SEAT LIMIT IN SEC 11(B) OF RA 7941 CONSTITUTIONAL
3. W/N 2% THRESHOLD IN SEC 11(B) OF RA 7941 TO QUALIFY FOR ONE
SEAT CONSTITUTIONAL
4. PROPER ALLOCATION OF PARTYLIST REPRESENTATIVE SEATS
o SEC 12 RA 7941
OR
o VETERANS
5. W/N CONSTITUTION PROHIBITS MAJOR POLITICAL PARTIES FROM
PARTICIPATING IN PARTY LIST ELECTIONS
RULING
Four inviolable parameters of Philippine-style party-list election (Veterans)
1. Not exceed 20% total membership in the House of Representatives
2. 2% threshold only those qualified to have a seat are those who reached 2% of votes
3. 3 seat limit
4. proportional representation of additional seats shall be computed in proportion to their
total number of votes
PARTIALLY GRANTED
Article VI Sec 5
(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.
Section 11.
(a) The parties, organizations, and coalitions shall be ranked from the highest to the
lowest based on the number of votes they garnered during the elections.
(b) The 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: provided, that those garnering more than two percent (2%) of the
votes shall be entitled to additional seats in proportion to their total number
of votes: provided, finally, that each party, organization, or coalition shall be
entitled to not more than three (3) seats.