Y RECeNER

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House Bill No, 173

Introduced by
Representatives NERI J. COLMENARES, CARLOS ISAGANI T. ZARATE,
LUZVIMINDA C. ILAGAN, EMMI A. DE JESUS, ANTONIO L. TINIO,
FERNANDO HICAP and TERRY RIDON

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

‘There is an urgent need to save the Party-list system.

ince the Party-list systen} was instituted, the issue of whether the
party-list system is for the marginalized and underrepresented remained the main issue until the
Supreme Court decision in Bayan Muna vs. COMELEG (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.

But despite the said ruling, the Commission on Plections 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

In the past Congress

‘The number of party-list representatives has |come close to 20% of the total number of
members of the House in the 15* Congress, and the growing concer then was 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 intént 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.

Very recently the decision of the Supreme Court in the Paglaom v. COMELEC completely
overturned the novel idea of the Party-list system reserving a portion of Congress for the
marginalized and underrepresented. The decision stating that “party-list groups need not be
‘marginalized to participate in the Party-list System” pracucally opened wide the floodgates for the
rich and the powerful elites to freely participate in the Party-list elections thereby further limiting, or
even obliterating, the only space for the poor and underrepresented sectors to become active
participants in legislation and in crafting laws that will benefit their sectors.

‘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:

4. ‘The intent and purpose of the Constitution jto 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 ts.

et al. (GR. No.147613, June 26, 2001), and Ang Bagong Bayani-OFW Labor

Party »s. COMI et al. (GR. No.147589, June 26, 2001) and recently reiterated in the

2010 case of Bayan Muna ys. Comelec (G.R. No. 179295) also known as Banat vs.

Comelec. Additional criteria for nominets 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 any provision of the party-list’s governing charter.

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3. The nomination of party-list representatives he done by the highest policy-making body of
the party-list group. This will enable its membership to democratically choose their
nominees. |
To save the party-list system, we must fulfil our historic duty of amending the party-list law
if only to make sure that that very law’s original intent survives.

Immediate passage of this bill is therefore earnestly sought.



Approved,

DEAE FO
Rep. CARLOS Bost T. ZARATE
Bayan Mana Partplist

Rep. LUZVIMINDA C. ILAGAN
Gabriela Women’s Party

A ee
Rep. EMMI A. DE JESUS
Gabriela Women's Party

bos | Ly

Rep. FERNANDO HICAP
Anakpawis Partylist |

ACT Teachers Partylist

ass

a
Rep. TERR Viva
Kabataan Party list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

179

House Bill No.

Introduced by
Representatives NERI J. COLMENARES, CARLOS ISAGANI T. ZARATE,
LUZVIMINDA C. ILAGAN, EMMI A. DE JESUS, ANTONIO L. TINIO,
FERNANDO HICAP and TERRY RIDON

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 by the Senate and the House of Representatives of the Republic ofthe Philippines im Congress assembled:
Sectiom 1. Title. This Act shall be known as the “Genaine Pary-List Group and Nominee A”

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 or 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
onganization 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 relevant information as the COMELEC may require: Provided,
‘That the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous
cultural communitics, elderly, handicapped, women, youth, veterans, overseas
workers, and professionals; Provided further, That said party-list group and its
nominees belong to and represent the marginalized and underrepresented.

‘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 $1 KS TO REPRESENT;
PROVIDED THAT COMELEC SHALL NOWIFY 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 fifteen
(15) days from the date it was submitted for decision but in no case not later than
[sixty] NINETY ((60)] (90) days before election |

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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, preparg 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 pirty-list system 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.

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

Section 8, Nomination of Party-List Representatives. ~ Fach 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 alist of names, not less than SIX (6), from
which party-list representatives shall be chosen in case it obtains the required number of
votes. THE LIST OF Nomers TO BE SUBMITTED TO THE COMELEC musi
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 eleétive 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.


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

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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, @
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 qwenty-five (25) but not more
than thirty (30) years of age on the day of the election. Any youth sectoral representative
who attains the age of thirty during his term shall be allowed to continue until the expiration
of his term.

9.1 ALL NOMINE
SHALL NOT BE QUALI
HE OR SHE IS A PERSO)

YHE YOUTH SECTOR,
PARTY-LIST NOMINEE IF

AND SERVED OFF T ANY ‘TIME AS VICE
GOVERNOR, GOVERNOR, DISTRICT
ATOR, VICE PRESIDENT AND PRESIDEN’

(a) WHO WAS EL
MAYOR, MAYOR, V
REPRE PATIV!

(b) WHO IS RELATED BY AFFINITY OR CONSANGUINITY TO THE Shatt
DEGREE, TO INCUMBENT GOVERNMENT OFFICIALS REFERRED TO
TN PARAGRAPH (a) ABOVE;

(©) 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 1S BEING NOMINATED FOR;

(@) WHO SERVED AS THE: PROVINCIAL DIRECTOR OF THE PNP OR
BATALLION COMMANDER OF THE AFP OR ANY HIGHER POSITION
WITHIN FIVE 7 PARTY-LIST ELECTION HE OR SHE IS
BEING NOMINATED FOR; AND

(6) WHOSE INCOME IS MORE THAN THE BASE PAY OF A PARTY-LIST
MEMBER OP 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 AC
‘TAX RETURN AND STA’
WHICH SHALL BE OPEN T
INTERESTED PARTY. |

AND LIABILITIES (SALN)
TINY OF THE PUBLIC AND ANY

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

Section 15. Change of Affiliation; Effect. Any Het party-list representative who
changes his political party or sectoral affiliation 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 shall not be eligible for nomination as party-list
representative under his new party or a

RECALL OF PARTY-LIST REPRI (ATIVE, ‘THE APPROPRIATE DECISION-
MAKING BODY OF THE PARTY-LIST GROUP IS EMPOWERED TO RECALL ITS
REPRESENTATIVES IN CONGRESS FOR LOS$ OF CONFIDENCE OR FOR
VIOLATIONS OF ANY PROVISION OF] ITS GOVERNING CHARTER,
PROVIDED, THAT SUCH RECALL, I§ EXPRESSED THROUGH A
RESOLUTION PASSED BY THE APPROPRIATE DECISION-MAKING BODY oF
‘THE PARTY-LIST GROUP, A COPY OF WHICIT SHOULD BE FURNISHED ‘10
THE HOUSE OF REPRESENTATIVES ‘THROUGH IT RETARY-
GENERAL, THE COMMIS INS 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.

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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. AN awe, Geos one, rules and regulations and other
issuances inconsistent with the provisions of this Act are deemed modified, revoked or repealed
accordingly. |

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

Approved,