Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Constitution Hills, Quezon City

FIFTEENTH CONGRESS
First Regular Session

S
house si.no,__38190

Introduced by REP. ALFREDO “ALBEE” B. BENITE:

EXPLANATORY NO’

‘The Constitutional Commission was confronted with public pressure for the
inclusion of this seemingly ideal system in the crafting of the Philippine constitution in
1986. ‘Thus, its incorporation in the 1987 Philippine Constitution was considered a
major political innovation envisioned to produce a legislative body that will broadly
reflect the clectorate’s choices and make more representative and inclusive policies.
Subsequently, the enabling law, Republic Act No. 7941, otherwise known as the Party ~
List System Act, was enacted in 1995.

The passage of the Party ~ List System Act, covering twenty percent (20%) of the
membership of the House of Representatives, was considered a breakthrough towards a
process of dismantling domination and control by the traditional politicos. It was
envisioned to guarantee a more diverse political representation through the
empowerment of the marginalized and underrepresented sections of our society.

More than a decade of its implementation, however, we have witnessed the
compelling issues confronting the party-list system brought about by the apparent
imperfections of the law. These problems can be summarized to the following:

1. Poor information dissemination - One of the main problems initially seen in
the implementation of the first election for party-list in 1998 was the deficient
basic voter information and education about the system. The COMELEC was
expected to launch information campaign in 1995 but it was unsuccessful,
judging from the lack of knowledge on the party-list system even among the
more informed segments of society. The slack information campaign led to the
low voter turnout for party-list in 1998. In the said election, only twenty-six
percent (26%) voted for the party-list out of the total voter turn-out

Surprisingly, fifteen years after the Party-list System Act was passed, most
Filipino voters are still oblivious of the system. This was illustrated in a
nationwide survey conducted by the Pulse Asia in January 2010, wherein it
showed that only three out of ten Filipinos were aware of the party-list system.
While we do not view the survey as a matter-of-factly representation of the true
state of awareness of the Filipino voters, it somehow illustrates that there is an
evident lack of knowledge of the party-list system.

2. Problematic seat allocation - One of the early controversies in the
implementation of RA 7941 was the allocation of seats to the party-list
representatives in relation to the 2% threshold provided for in the law and the
20% allocation for the party-list in the House of Representatives.


3. Dubious COMELEC accreditation guidelines - One of the gripping issues that
have been challenging the enabling law is the unclear guidelines on the issuance
of accreditation to groups who are aspiring participation in the party-list system
For instance, the determination of which group should be considered
“marginalized and underrepresented” as epitomized in the original intent of the
law poses a major challenge. The situation was aggravated by the entry of
certain groups with dubious backgrounds.

4. Vague and inconsistent party-list nominees’ qualifications - ‘fhe major issue
highlighted in the 2010 elections was the presence of some popular personalities
as nominees in the party-list. While it was popularly argued that the nominees
should be a bona fide member of the sector or group he wishes to represent, his
membership for a minimum of ninety (90) days prior to the election doesn’t
seem suffice to justify genuine membership.

Five party-list elections have already passed and yet we are still reeling the
effects of its implementation. The failure of the previous congresses to pass the much-
heeded reforms in the system has resulted to the tumultuous interpretations of the law.
Right after the first election for the party-list in 1998, legislative proposals to amend the
governing law were filed. The persisting attempts continued even in the 14* Congress
but to no avail. Thus, this bill is a rejoinder to the previous efforts to address the flaws of
RA 7941 and is endeavored to strengthen the law to reduce the opportunity of those
groups who want to take advantage of its weakness. This is a long overdue measure that

should be addressed with a sense of urgency to avoid any further perplexities in the
future.

Hence, in view of the foregoing premises, the immediate pa
earnestly sought.

ige of this bill is,

BENITEZ
Distritt, Negrds Occidental



Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Constitution Llills, Quezon City

FIFTEENTH CONGRI
First Regular Session

3150

SS

HOUSE BILL NO.

B, BENITEZ,

Introduced by REP. ALFREDO “ALB!

AN ACT AMENDING REPUBLIC ACT NO. 7941, OTHERWISE KNOWN AS THE
“PARTY - LIST SYSTEM ACT”

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ON 1, Section 2 of Republic Act No. 7941 is hereby amended to read as
follows :

“Section 2. Declaration of Policy. - The State shall promote proportional
representation in the election of representatives to the House of Representatives
through a party-list system of registered national, regional and sectoral parties
or organizations or coalitions thereof, which will enable Filipino. citizens
belonging to marginalized [and under-represented] sectors, organizations and
and who lack well-defined political constituencies but who could
contribute to the formulation and enactment of appropriate legislation that will
benefit the nation as a whole, to become members of the House of
Representatives. Towards this end, the State shall develop and guarantee a full,
free and open party system in order to attain the broadest possible
representation of party, sectoral or group interests in the House. of
Representatives by enhancing their chances to compete for and win seats in the
legislature, and shall provide the simplest scheme possible.”

SEC. 2. Section 3 of Republic Act No. 7941 is hereby amended, by revising
paragraphs (d) and (c), and by adding terms to be defined as follows :

‘tion 3. Definition of terms. -

(a) xxx

(b) xxx

(c) xxx

(a) A sectoral party refers to an organized group of citizens belonging to
any of the MARGINALIZED sectors AS PROVIDED FOR in Section 5
hereof whose principal advocacy pertains to the [special] interest and
concerns of their sector.

(e) A sectoral organization refers to a group of citizens or a coalition of
groups of citizens who share [physical attributes of characteristics,
employment,] COMMON interests AND/or concerns of their sector.

()) xx

(g) “MARGINALIZED” REFERS TO THE SEGMENTS OF THE SOCIETY
WHO ARE AT A PERSISTENT DISADVANTAGE THAT IS ROOTED IN

3


UNDERLYING SOCIAL INEQUALITIES. FOR THE PURPOSE OF THIS
ACT, MARGINALIZED SECTORS SHALL INCLUDE, LABOR,
PEASANT, FISHERFOLK, URBAN POOR, INDIGENOUS CULTURAL
COMMUNITIES, ELDERLY, HANDICAPPED, WOMEN, YOUTH AND
OVERSEAS WORKERS.
(h) “AVAILABLE SEATS” REFERS TO THE ACTUAL NUMBER OF SEATS
PARI : SYSTEM AS STATED IN SECTION

“GUARANTEED SEAT” REFERS TO [ WHICH A PARTY-LIST IS
AUTOMATICALLY ENT TO BY OBTAINING THE WINNING
MINIMUM PERCENTAGE OF VOTES OF THE TOTAL PARTY-LIST
VOTES CAST;
(j) “REMAINING RENCE BETWEEN THE

AVAILABLE SEATS AND THE G SEATS AS STATED IN

SECTION 10 HEREOR;
(k) “ADDITIONAL SEATS” REI
PARTY-LIST ON TOP OF THE GUARANT!

Ss AWARDED TO THE
D SE.

3. Section 4 of Republic Act No. 7941 is hereby amended to read as follows:

“Sec. 4. Manifestation to Participate in the Party ~ List System. - Any
party, organization, or coalition already registered with the Commission need
not register anew. llowever, such party, organization, or coalition shall file with
the Commission, not later than [ ninety (90) | O1 HUNDRED EIGHTY (180)
days before the election, a manifestation of its desire to participate in the party-
list system.

4. Section 5 of Republic Act No. 7941 is hereby amended to read as follows

“Sec. 5. Registration. - Any organized group of persons may register as a
party, organization or coalition for purposes of the party ~ list system by filing
with the COMELEC not later than | ninety (90) | ONE HUNDRED EIGHTY (180)
days before the election a petition verified by its president or secretary stating
its desire to participate in the party - list system as a national, regional or
sectoral party or organization or a coalition of such parties or organization,
attaching thereto its constitution, by - laws, platform or program of government,
list. of officers, coalition agreement and other relevant information as the
COMELEC may require: Provided, ‘That the sectors shall include, BUT NOT
LIMITED TO, labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, elderly, handicapped, women, youth, veterans, AND overseas
workers[, and professional] SECTORS: PROVIDED FURTT IAT, THE
PARTIES, ORGANIZATIONS OR COALITION THEREOF REPRESENT THE
MARGINALIZED SECTORS OF SOCIETY, AND PO: ALL THE
QUALIFICATIONS PROVIDED FOR IN SECTION 6 OF THIS ACT;

POLITICAL PARTIES ARE ALLOWED TO PARTICIPATE IN THE PARTY-
LIST SYSTEM: PROVIDED, THAT THEY CAN PROVE THAT THE PARTY IS
ORGANIZED ALONG SECTORAL LINES: PROVIDED FURTHER, THAT THE
POLITICAL PARTY SHALL BE ABLE TO SHOW PROOF THAT ITS
CONSTITUENCY IS SPREAD OVER THE GEOGRAPHICAL TERRITORY OF AT
LEAST A MAJORITY OF THE PROVINCES OR CITIES COMPRISING A REGION,
AS MAY BE APPROPRIATE IN EACH CASE.



FAILURE TO SUBMIT ANY OF THE AFORECITED REQUIREMENTS MAY
BE A GROUND FOR DISMISSAL MOTU PROPRIO OF ITS PETITION;
OTHERWISE, THE COMMISSION shall THEREAFTER publish the VERIFIED
petition in at least two (2) national newspapers of general circulation AND SET
‘THE SAME FOR HEARING

‘The COMELEC shall, after due notice and hearing, resolve | the | SAID
petition, INCLUDING A MOTION FOR ITS RECONSIDERATION within | filtecn
(15) | THURTY (30) days from the date [it was submitted for decision | OF ITS
SUBMISSION FOR RESOLUTION but { sixty (60) | ONE HUNDRED TWENTY
(120) days before election.”

SEC. 5, Section 6 of Republic Act No.

41 is hereby amended to read as follows:

“Sec. 6, Refusal and/or Cancellation of Registration. - The COMELEC may
motu proprio or upon a verified complaint of any interested party, remove or
cancel, after due notice and hearing, the registration of any national, regional or
sectoral party, organization or coalition on any of the following grounds:

(1) It is a religious sect or denomination, organization or
association organized for religious purposes, OR BACKED OR
FUNDED BY SUCH AN ORGANIZATION;

(2) xxx

(3) XXX

(4)

(5) x

(6) XXX

(7) [It has ceased to exist for at least one (1) year; or | IT 1S A
SECTORAL PAR’ OR AN ENTITY FUNDED OR
ASSISTED BY THE GOVERNMENT;

(8) IT IS A MILITARY, POLICE - RELATED ORGANIZATION,

SECURITY AGENCY OR PRIVATE ARMED GROUP, OR IT IS
BACKED OR FUNDED BY SUCH AN ORGANIZATION;

9) IT WAS DISSOLVED, ABSORBED, MERGED, AND/OR HAS
CEASED TO EXIST TWO YEARS BEFORE THE ELECTION;

(10) IT FAILS TO SHOW PROOF THAT IT REPRE THE
MARGINALIZED AND GROUP IDENTIFIED IN SECTION 5 OF
RA 7941;

qa THE POLITICAL PARTY FAILS ‘TO SHOW PROOF THAT ITS
CONSTITUENCY IS SPREAD OVER THE GEOGRAPHICAL
TERRITORY OF AT LEAST A MAJORITY OF THE PROVINCES
OR CITIES COMPRISING A REGION, AS MAY BE
APPROPRIATE IN EACH CASE; OR

(12) [8] It fails to participate in the last two (2) IMMEDIATELY
preceding elections; or HAVING [it] PARTICIPATED, fails to
obtain at least the winning minimum percentage of the
PARTY-LIST votes CAST IN THE | cast under the party - list
system in] two (2) preceding elections for the constituency in
which it has registered.”

SEC. 6. Section 7 of Republic Act No. 7941 is hereby amended to read as follows:

7. Certified List of Registered Parties.
than | sixty (60) | SEVENTY FIVE (75) days before election, prepare a certified
list of national, regional, or sectoral parties, organizations or coalitions which
have applied or who have manifested their desire to participate under the party

‘The COMELEC shall, not later

5


~ list system. SAID CERTIFIED LIST SHALL BE PUBLISHED IN A NEWSPAPER
OF GENERAL CIRCULATION AT LEAST ONCE A WEEK FOR TWO (2)
CONSECUTIVE WEEKS, and distribute copies thereof to all precincts for posting
in the polling places on election day. The names of the party - list nominees shall
not be shown on the certified list”

7. Section 8 of Republic Act No. 7941 is hereby amended to read as follows:

Sec. 8. Nomination of Party ~ List Representatives. - Each registered
party, organization or coalition shall submit to the COMELEC not later than |
forty ~ five (45) | NINETY (90) days before the election a list of names, not less
than five (5), from which party - list representatives shall be chosen in case it
obtains the required r

A person may be nominated in one (1) list only. Only persons who have
given their consent in writing may be named in the list. ‘The list shall not include
any candidate for any elective office or person who has lost his bid for an clective
office OTHER 1 a
PROVIDE!

HE ARMED FORCES
OF ‘THE PHILIPPIN ERNMENT. SHALL BE
CONSIDERED IPSO FACTO Ri
SUBMISSION OF HIS NAME AS PARTY-LIST NOMIN cl
PROVIDED FURTHER, THAT AN EMPLOYEE WITH SALARY GRADE 21 OR
BELOW SHALL ONLY BE DEEMED ON LEAVE FOR THE DURATION OF THE
CAMPAIGN PERIOD. No change of names or alteration of the order of nominees
shall be allowed after the same shall have been submitted to the COMELEC
except in cases where the nomince dies, or withdraws in writing his nomination,
becomes incapacitated in which case the name of the substitute shall be placed in
the list. Incumbent sectoral representatives in the {louse of Representatives who
are nominated in the party ~ list system shall not be considered resigned,

SEC. 8. Section 9 of Republic Act No. 7941 is hereby amended to read as follows:

"Sec. 9. Qualifications of Party - List Nominees. - A PARTYLIST NOMINEE
MUST BE: |No person shall be nominated a party - list representative unless he
is a natural - born citizen of the Philippines, a registered voter, a resident of the
Philippines for a period of not less than one (1) year immediately preceding the
day of the election, able to read and write, a bona fide member of the party or
organization which he seeks to represent for at least ninety (90) preceding the
day of the election, and is at least twenty - five (25) years of age on the day of the
election.|

[In case of a nominee of the youth sector, he must at least be twenty - five
(25) but not more than thirty (30) years on the day of the election. A youth
sectoral representative who attains the age of thirty (30) during his term shall be
allowed to continue in office until the expiration of his term.|

A. ANATURAL-BORN CITIZEN OF THE PHILIPPINES;

B.A REGIS’ D VOT

C. A RESIDENT OF THE PHILIPPINES FOR A PERIOD OF NOT LESS
THAN ONE (1) YEAR IMMEDIATELY PRECEDING THE DAY OF THE
ELECTION;

D. ABLE TO READ AND WRITE;



E. A BONA FIDE MEMBER OF THE PARTY OR ORGANIZATION WHICH
HE SEEKS TO REPRESENT FOR AT LEAST ONE (1) YEAR
PRECEDING THE DAY OF THE ELECTION;

F. AT LEAST TWENTY-FIVE (25) YEARS OF AGE ON DAY OF THE

ECTION;

G. ONE WHO BELONGS TO THE MARGINALIZED SECTOR/S, THE
SECTORAL PARTY, ORGANIZATION, POLITICAL PARTY OR
COALITION HE SEEKS TO REPRESENT; AND

IN CASE OF A NOMINEE OF TI
BE TWENTY ~ FIVE (25) BUT NOT MORE
ON THE DAY 01 E JON. A YOUTH SECTORAL REPRESENTATIVE
WHO ATTAINS THE AGE OF THIRTY (30) DURING HIS TERM SHALL BE
ALLOWED TO CONTINUE IN OFFICE UNTIL THE EXPIRATION OF HIS TERM.

OUTH SECTOR, HE MUST AT LEAST
HAN THIRTY (30) YEARS OF AGE

‘THE COMELEC St
EVIDENCE TO PRO!
MARGINALIZED s
WHICH THEY SEEK TO REPR'
LIMITED TO THE FOLLOWING:

HE SUBMISSION OF DOCUMENTARY
RULY BELONG TO THE
PARTY OR COALITION TH F
WHICH MAY INCLUDE BUT NOT

1, TRACK RECORD OF THE PAR

'T GROUP/ORGANIZATION

SHOWING ACTIVE PARTICIPATION OF SIN THE
UNDERTAKINGS OF PARTY-LIST NIZATION
FOR THE ADVANCE PHE MARGIN. HE
SECTORAL PARTY, ORGANIZATION, OR COALITION THEY $ 0)

rO, PRIOR
» AND SUCH OTHE! s
= NOMINEE/S SHOWING HIS/1
ADHERENCE ADVOCACIES OF THE PARTY-LIS'
GROUP/ORGANIZATION; AND

3. CERTIFICATION THAT THE NOMINEE IS A BONA FIDE MEMBER OF
HE PARTY-LIST GROUP/ORGANIZATION FOR AT LEAST ONE (1)
YEAR PRIOR TO THE ELECTION

4, MANIFESTO OF SUPPORT SIGNED BY A SIMPLE MAJORITY OF ALL
‘THE MEMBERS OF THE PARTYLIST.

PROVIDED, THAT NO NOMINEE SHALL BE A CANDIDATE FOR ANY
TIVE OFFICE OTHER THAN THE PARTY-LIST. PROVIDED FURTHER,

NO NOMINEE IS OCCUPYING ANY CTIVE OFFICE IN THE
LEGISLATURE OR APPOINTIVE OFFICE IN THE CABINET OF THE
NT PRESIDENT.

9. Section 10 of Republic Act No. 7941 is hereby amended to read as
follows:

“Sec. 10. Manner of Voting. -
FOR TH

ery voter shall be entitled to two (2) votes
: HOUSE OF REPRESENTATIVES. The first is a vote for candidate for



member of the House of Representatives in his legislative district, and the
second, a vote for the party, organization, or coalition he wants to be represented
in the House of Representatives: Provided, that a vote cast for a party, sectoral
organization or coalition not entitled to be voted for shall not be counted AND.
CONSIDERED IN THE COMPUTATION OF THE TOTAL NUMBER OF VOTES
CAST FOR THE PARTY - LIST. [:Provided, finally, that the first election under
the party - list system shall be held in May 1998.

[The COME
purposes of educat

© shall undertake the necessary information campaign for
z the clectorate on the matter of the party - list system.|"

SEC. 10. Section 11 of Republic Act No. 7941 is hereby further amended to read
as follows

"Sec. 11. Number of Party = List Representatives. - The party - list
representatives shall constitute twenty per ccntum (20%) of the total number of
the members of the Llouse of Representatives including those under the party ~
list.

[For purposes of the May 1998 elections, the first tive (5) major political
parties on the basis of part resentation in the House of Representatives at
the start of the Tenth Congress of the Philippines shall not be entitled to
participate in the party-list system.]

{In determining the allocation of seats for the second vote, the following
shall be observed:}

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 clections.]

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.]”

SEC. 11. Sections 12 of Republic Act No. 7941 is hereby amended to read as
follows:

“Sec. 12. Procedure in Allocating Seats for the Party-list Representatives.
[The COMELEC shall tally all the votes for the parties, organizations, or coalitions
on a nationwide basis, rank them according to the number of votes received and
allocate party-list representatives proportionately according to the percentage of
votes obtained by each party, organization, or coalition as against the total
nationwide votes cast for the party-list system.| IN ALLOCATING SEATS FOR
THE PARTY-LIST REPRESENTATIVES, THE COMELEC SHALL ADOPT THE
FOLLOWING PROCEDURES:

A) TO DETERMINE THE AVAILABLE SEATS FOR PARTY-LIST
REPRESENTATIVES, NUMBER = OF _ DISTRICT.
REPRESENTATIVES SHALL BE DIVIDED TO .80 THEI
MULTIPLIED TO .20. THE RESULTS FROM THIS OPERATION
SHALL BE THE NUMBER OF ALLOCATED SEATS TO BE FILLED UP
BY THE PARTY-LIST REPRESENTATIVES;



B) THE NUMBER OF VOTES FOR EACH PARTY-LIST SHALL BE
DIVIDED FROM THE TOTAL NUMBER OF VOTES CAST FOR THE
PARTY-LIST SYSTEM. AFTERWARDS, ALL THE PARTIES SHALL
BE RANKED FROM THE HIGHEST TO LOWEST ACCORDING TO
PERCENTAGE AND THOSE WHO GARNERED MORE THAN 2%,
REGARDLESS OF GETTING MORE THAN 4% AND 6%, IS
GUARANTEED TO ONLY ONE (1)

©.) THE GUARANTEED SEATS SHALL THEN BE SUBTRACTED FROM
THE NUMBER OF THE ALLOCATED SEATS FOR PARTY-LIST
REPRESENTATIVES FROM WHICH THE REMAINING TS
AVAILABLE F'

D.) THE NUMBER OF REMAINING SEATS,
GUARANTEED SEATS, SHALL BE MULTIPLI O THE
PERCENTAGE OF ES THE CONCERNED PARTY HAD

IN STEP TWO (2). THOSE PARTIES WHO GET A

RESULT OF MORE THAN ONE (1) IS GUARANTEED TO ONE (1)

ADDITIONAL, TAFE} MORE THAN 2, THEY

WOULD BE GUARANT ‘S$, PROVIDED THAT THE

NUMBER :ATS SHOULD NOT EXCEED 3.

TAKING THE

SKC. 12. Section 15 of Republic Act No. 7941 is hereby amended to read as
follows

"Sec. 15. Change of Affiliation; Effect. - Any [elected] party-list
representative who changes his (political party or sectoral] PARTY-LIST
affiliation during his term of office shall forfeit his seat AND SHALL BE
INELIGIBLE FOR NOMINATION AS A PARTY-L 5

HIS

‘WPA

Y OR ORGANIZATION IN 1

SEC, 13. Section 17 of Republic Act No. 7941 is hereby amended to read as
follows:

“Sec. 17. Rights of Party-list Representatives.- Party-list representatives
shail be entitled to the same salaries, emoluments, RIGHTS, PRIVILEGES AND
BENEFITS as DISTRICT [regular] members of the House of Representative:

SEC. 14. A new section is hereby inserted and denominated as Section 18 of
Republic Act No. 7941 as follows:

c. 18. VOTERS’ EDUCATION. - THE COME! OGETHER WITH
AND IN SUPPORT OF ACCREDITED CITIZENS’ ARMS, SHALL CARRY OUT A
CONTINUING AND SYSTEMATIC CAMPAIGN THROUGH QUAD MEDIA , AS
WELL AS THROUGH SEMINARS, SYMPOSIA, FORA AND OTHER NON-
TRADITIONAL MEANS TO EDUCATE THE PUBLIC AND FULLY INFORM THE
ELECTORATE ABOUT THE PARTY-LIST SY: , INCLUDING THE MANNER
BY WHICH THEY MAY BE VOTED UPON.”

15. Section 18 of Republic Act No. 7941 is her
and amended as follows:

eby renumbered as Section 19

ec. [18] 19. Rules and Regulations. - THE COMELEC, IN
CONSULTATION WITH NON-GOVERNMENT ORGANIZATIONS, PEOPLE'S
ORGANIZATIONS AND OTHER RELATED PARTIES, shall promulgate the
necessary rules and regulations as may be necessary to carry out the purpose of
this Act. SAID RULES AND REGULATIONS SHALL INCLUDE ALL RESOLUTIONS
THAT SHALL GOVERN OR AFFECT PARTY-LIST ELECTION!



16. Separability Clause. - If, for any reason, any section or provision of this
Act is declared to be unconstitutional or invalid, the other sections or provisions thereof
which are of not affected thereby shall continue to be in full force and effect.

SEC. 17. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, and other issuances or parts thereof, which are inconsistent with this Act,
are hereby repealed or modified accordingly.

SEC. 18, Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation,

Approved,

10