Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 4404

Introduced by Reps. NERI JAVIER COLMENARES, TEDDY A. CASINO,
RAFAEL V. MARIANO, LUZVIMINDA C. ILAGAN, EMERENCIANA A. DE JESUS,
ANTONIO L, TINIO and RAYMOND V. PALATINO

AN ACT
TO ENSURE THAT THE PARTY-LIST SYSTEM IS RESERVED
FOR THE MARGINALIZED AND UNDERREPRESENTED
AMENDING REPUBLIC ACT NO. 7941, OTHERWISE KNOWN
AS THE “PARTY-LIST SYSTEM ACT” FOR THAT PURPOSE

EXPLANATORY NOTE

The party-list system is a social justice tool designed not only to give more law to
the great masses of our people who have less in life, but also to enable them to
become veritable lawmakers themselves, empowered to participate directly in the
enactment of laws designed to benefit them. It intends to make the marginalized
and the underrepresented not merely passive recipients of the State's benevolence,
but active participants in the mainstream of representative democracy. Thus,
allowing alt individuals and groups, including those which now dominate district
elections, to have the same opportunity to participate in party-list elections would
desecrate this lofty objective and mongrelize the social justice mechanism into an
atrocious veneer for traditional politics.

Chief Justice Artemio Panganiban

Supreme Court

The marginalized sectors saw Republic Act No. 7941, or the “Party-List System Act,” as
am opportunity to advance their interests and concems in Congress. The 1987 Constitution
mandated that party-list representatives shall constitute twenty percent (20%) of the total number
of members of the House of Representatives, including those of the party-list coming from labor,
peasant, urban poor, indigenous cultural communities, women, youth and other similar sectors.


Section 2 of the The Party-List System Act also provided that :

‘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 parties, (to) contribute to the formulation
and enactment of appropriate legislation that will benefit the nation xxx

Despite these provisions. the issue of whether the party-list system is for the marginalized
and underrepresented remained an issue until the Supreme Court decided in favor of a petition by
Bayan Muna party-list in the case of Bayan Muna vs. COMELEC (in that consolidated case the
Court dismissed the petition in “Bagong Bayani vs. COMELEC”). In that case, the Supreme
Court declared that only those who belong to the marginalized and underrepresented shall be
allowed in the party-list election thus

The intent of the Constitution is clear: to give genuine power to the people, not only
by giving more law to those who have less in life, but more so by enabling them to
become veritable lawmakers themselves. Consistent with this intent, the policy of
the implementing law, we repeat, is likewise clear: "to enable Filipino citizens
belonging to marginalized and underrepresented sectors, organizations and parties, x
XX, 10 become members of the House of Representatives.” Where the language of
the iaw is clear, it must be applied according to its express term

xxx, it is not enough for the candidate to claim representation of the marginalized
and underrepresented, because representation is easy to claim and to feign. The
party-list organization or party must factually and truly represent the marginalized
and underrepresented constituencies mentioned in Section 5. Concurrently, the
persons nominated by the party-list candidate-organization must be "Filipino
citizens belonging to marginalized and underrepresented sectors, organizations and

The Court, in that historic decision which led to the disqualification of more than a
hundred party-list groups, explained the reason for its decision thus:

Tn arguing that even those sectors who normally controlled 80
percent of the seats in the House could participate in the party-list
elections for the remaining 20 percent, the OSG and the COMELEC
disregard the fundamental difference between the congressional
district elections and the party-list elections.

XXX

Logic shows that the system has been opened to those who have
never gotten a foothold within it — those who cannot otherwise win


in regular elections and who therefore need the "simplest scheme

possible" to do so. Conversely, it would be illogical to open the
system to those who have long been within it -- those privileged

sectors that have long dominated the congressional district
elections.

XXX

Verily, allowing the non-marginalized and overrepresented to vie
for the remaining seats under the party-list system would not only
dilute, but also prejudice the chance of the marginalized and
underrepresented, contrary to the intention of the law to enhance it.
The party-list system is a tool for the benefit of the underprivileged,
the law could not have given the same tool to others, to the
prejudice of the intended beneficiaries

Despite this clear ruling, the Commission on Elections reversed in effect the Supreme
Court when it allowed nominees to run for the party-list elections as long as s/he is a member of
a supposed marginalized and underrepresented group at least “ninety days” before the party-list
elections.

Although the number of party-list representatives has come close to 20% of the total
number of members of the House, a growing concer is the entry of party-lists and nominees that
are not TRULY representatives of the marginalized and underrepresented but are coming from
powerful economic and political interests. The impact of the entry of those who do not belong to
the marginalized and underrepresented is disastrous because like a raging tsunami it practically
obliterated the constitutional intent of reserving 20% of the seats in Congress for the party-list
system by allowing those who form part of the 80% to also invade the constitutionally secured
seats of the already underrepresented. It also closed off the venue for the expression of the voice
and interest of the poor and the already underrepresented. Changes have to be made to make sure
that the COMELEC can no longer interfere with what the Constitution and Congress mandates.

The main purpose of this Bill is to address this violation of the constitutional and
statutory intent for the party-list system by the amendment of the Party-List System Act. It
proposes to provide eligibility requirements and set up mechanisms to democratize the party-list
system in order to secure, what the Congress and the Constitution sought to protect.

This bill proposes that:

1. The intent and purpose of the Constitution 10 reserve twenty (20) percent of the
House of Representatives for the marginalized sectors be strictly complied with. The
party-list system must be reserved exclusively for the marginalized and under-
represented sectors of society by adopting certain specific measures to implement the
intent of both RA 7941 and the Constitution as defined in the Supreme Court’s


decisions in Bayan Muna vs, COMELEC et al. (G.R. No.147613, June 26, 2001), and
Ang Bagong Bayani-OFW Labor Party vs. COMELEC et al. (G.R. No.147589, June
26, 2001) and recently reiterated in the 2010 case of Bayan Muna vs. Comelec (G.R.
No. 179295) also known as Banat vs. Comelec. Additional criteria for nominees
should be also enforced for a stricter compliance with the intent of the Constitution
regarding Party-List representation.

2. The appropriate decision-making body of a party-list group be given the power to
recall its representatives for violation of amy provision of the party-list’s governing
charter.

3. The nomination of party-list representatives be done by the highest policy-making
body of the party-list group. This will enable its membership to democratically choose
their nominees.

ic duty of amending the party-list

To save the party-list system, we must fulfill our histo

Jaw if only to make sure that that very law’s original intent survives.

Immediate passage of (his bill is therefore eamestly sought.

Approved.
Bayan Muna Party-List
en ae
IDDY A. CASINO ‘AEL V. MARIANO.
Bayan Muna Party-List Anakpawis Party-List

Cen’ a RERE

LUZVI AC. LAG. NTONIOE: TINIO
Gabriela Women’s Party ACT Teachers Party

Domed {
EMERENCIANA A. DE JESUS RA’ * PALATINO

Gabriela Women’s Party aan Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4464

HOUSE BILL NO.

lntroduced by Reps. NERI JAVIER COLMENARES, TEDDY A. CASINO,
RAFAEL V, MARIANO, LUZVIMINDA C. ILAGAN, EMERENCIANA A. DE JESUS,
ANTONIO L. TLNIO and RAYMOND V. PALATINO

AN ACT
TO ENSURE THAT THE PARTY-LIST SYSTEM IS RESERVED
FOR THE MARGINALIZED AND UNDERREPRESENTED
AMENDING REPUBLIC ACT NO. 7941, OTHERWISE KNOWN
AS THE “PARTY-LIST SYSTEM ACT” FOR THAT PURPOSE

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

Section 1. Title. This Act shall be known as the “Genuine Party-List Group and Nominee Act”.

Section 2, Section 5 of Republic Act No. 7941, otherwise known as the “Party-List System
Act”, is hereby amended to read as follows:

Section 5. Registration. Any organized group of persons may register as a party,
organization ot coalition for purposes of the party-list system by filing with the
COMELEC not later than [ninety] ONE HUNDRED TWENTY [(90)] (120) 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 organizations, attaching thereto its
constitution, by-laws, platform or program of government, list of officers, coalition
agreement and other televant information as the COMELEC may require:
Provided, That the sectors shall include labor, peasant, fisherfolk, urban poor,


indigenous cultural communities, elderly. handicapped, women, youth, veterans,
overseas workers, and professionals.

The COMELEC shall publish the petition in at least two (2) national newspapers
of general circulation.

ELIGIBILITY REQUIREMENTS. NO GROUP, ORGANIZATION OR
POLITICAL PARTY SHALL BE ELIGIBLE FOR REGISTRATION AS A
PARTY-LIST GROUP UNLESS IT HAS PROVEN IN AN EVIDENTIARY
PUBLIC HEARING THAT SHALL BE CONDUCTED BY THE COMELEC
THAT IT TRULY REPRESENT MARGINALIZED AND
UNDERREPRESENTED SECTOR/S AND ITS NOMINEES TRULY BELONG
TO THE SECTOR/S HE OR SHE SEEKS TO REPRESENT; PROVIDED THAT
COMELEC SHALL NOTIFY ALL DULY REGISTERED AND ACCREDITED
PARTY-LIST GROUP, ORGANIZATION OR POLITICAL PARTY OF THE
HEARING AT LEAST TEN DAYS PRIOR TO THE SAID HEARING

The COMELEC shall, after due notice and hearing, resolve the petition within
fifleen (15) days from the date it was submitted for decision but in no case not later
than [sixty] NINETY [(60)j (90) days before election

Section 3. Section 7 of RA 7941 is hereby amended to read as follows:

Section 7. Certified List of Registered Parties. The COMELEC shall, not later than
[sixty] NINETY [(60)] (90) 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-list
system and distribute copies thereof to ali precincts for posting in the palling
places on election day. The names of the party-list nominees shal] not be shown on
the certified list.

Section 4. Section 8 of Republic Act No. 7941, is hereby amended to read as follows:

Section 8. Nomination of Party-List Representatives. — Each registered party,
organization, or coalition shall submit to the Commission on Elections (COMELEC) not
later than [forty-five (45)] SIXTY (60) days before the election a list of names, not less
than [five (5)] SIX (6), from which party-list representatives shall be chosen in case it
obtains the required number of votes. THE LIST OF NOMINEES TO BE SUBMITTED
TO THE COMELEC MUST BE APPROVED BY THE APPROPRIATE DECISION-
MAKING BODY OF THE PARTY-LIST GROUP.

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 elective office in the immediately
preceding election. 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 nominee dies, or withdraws in writing his nomination or becomes
incapacitated, in which case the name of the substitute nominee shall be placed last in the
list. Incumbent sectoral representatives in the House of Representatives who are
‘nominated in the party-list system shall not be considered resigned,

NO PERSON OCCUPYING AN APPOINTIVE OR ELECTIVE POST SHALL BE
INCLUDED IN THE LIST UNLESS HE/SHE ENCLOSES THEREIN HIS/HER
LETTER OF RESIGNATION TO THAT OFFICE AND THE DUE ACCEPTANCE OR
APPROVAL THEREOF.

Section 5, Section 9 of Republic Act No, 7941 is hereby amended to read as follows:

Sec. 9. Qualifications of Party-List Nominees - No person shall be nominated as 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, bona fide member of the party or
organization which he seeks to represent for at least ninety (90) days 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 of age on the day of the election. Any youth sectoral
Tepresentative who attains the age of thirty during his term shall be allowed to continue
until the expiration of his term.

9.1 ALL NOMINEES, INCLUDING ‘THOSE OF THE YOUTH SECTOR,
SHALL NOT BE QUALIFIED TO BECOME A PARTY-LIST NOMINEE IF
HE OR SHE 1S A PERSON:

(@} WHO WAS ELECTED AND SERVED OFFICE AT ANY TIME AS VICE
MAYOR, MAYOR, VICE GOVERNOR, GOVERNOR, DISTRICT
REPRESENTATIVE, SENATOR, VICE PRESIDENT AND PRESIDENT;

(6) WHO IS RELATED BY AFFINITY OR CONSANGUINITY TO THE 3°
DEGREE, TO INCUMBENT GOVERNMENT OFFICIALS REFERRED TO IN
PARAGRAPH (a) ABOVE;

(c) WHO WAS APPOINTED AND SERVED OFFICE IN THE
GOVERNMENT FROM THE POSITION OF BUREAU CHIEF UP TO ANY
POSITION IN THE CABINET WITHIN FIVE YEARS FROM THE PARTY-


LIST ELECTION HE OR SHE IS BEING NOMINATED FOR;

{d) WHO SERVED AS THE PROVINCIAL DIRECTOR OF THE PNP OR
BATALLION COMMANDER OF THE AFP OR ANY HIGHER POSITION
WITHIN FIVE YEARS FROM THE PARTY-LIST ELECTION HE OR SHE IS
BEING NOMINATED FOR; AND

(e) WHOSE INCOME IS MORE THAN THE BASE PAY OF A PARTY-LIST
MEMBER OF THE HOUSE OF REPRESENTATIVES IN THE CONGRESS.
DURING THE PARTY-LIST ELECTION HE OR SHE IS BEING
NOMINATED FOR.

NOMINEES SHALL SUBMIT TO THE PARTY-LIST ORGANIZATION
THEY WISH TO REPRESENT AND THE COMELEC UPON THE FILING OF
THEIR ACCEPTANCE OF NOMINATION, THEIR LATEST INCOME TAX
RETURN AND STATEMENT OF ASSETS AND LIABILITIES (SALN)
WHICH SHALL BE OPEN TO THE SCRUTINY OF THE PUBLIC AND ANY
INTERESTED PARTY.

Section 6. Section 15 of Republic Act No. 7941 is hereby amended to read as follows:

Section 15. Change of Affiliation; Effect. Any elected party-list representative
who changes his political party or sectoral affitiation during his term of office
shall forfeit his seat: Provided, That if he changes his political party or sectoral
affiliation within six (6) months before an election, he shal! not be eligible for
nomination as party-list representative under his new party or organization.

RECALL OF PARTY-LIST REPRESENTATIVE. THE APPROPRIATE
DECISION-MAKING BODY OF THE PARTY-LIST GROUP IS
EMPOWERED TO RECALL ITS REPRESENTATIVES IN CONGRESS FOR
LOSS OF CONFIDENCE OR FOR VIOLATIONS OF ANY PROVISION OF
ITS GOVERNING CHARTER. PROVIDED, THAT SUCH RECALL, IS
EXPRESSED THROUGH A _ RESOLUTION PASSED BY THE
APPROPRIATE DECISION-MAKING BODY OF THE PARTY-LIST GROUP,
A COPY OF WHICH SHOULD BE FURNISHED TO THE HOUSE OF
REPRESENTATIVES THROUGH ITS SECRETARY-GENERAL, THE
COMMISSION ON ELECTIONS AND THE SUBJECT PERSON OF THE
RECALL RESOLUTION. IT IS THE MINISTERIAL DUTY OF THE
COMELEC AND THE HOUSE OF REPRESENTATIVES TO IMPLEMENT
SUCH RECALL UNLESS DULY RESTRAINED BY AN ORDER FROM THE
APPROPRIATE COURT.


Section 7. SEPARABILITY CLAUSE. If any section or provision of this Act shall be declared
unconstitutional or invalid, the other sections or provisions not affected thereby shall remain in
full force and effect.

Section 8. REPEALING CLAUSE. All laws, decrees, orders, rules and regulations and other
issuances inconsistent with the provisions of this Act are deemed modified, revoked or repealed
accordingly.

Section 9. EFFECTIVITY. This Act shall take effect fifteen (15) days after its publication in two
(2) leading newspapers of general circulation

Approved,