FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
SENATE 
S. No. 
287 
Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
The Constitution introduced the party-list system to constitute twenty percent (20%) 
of the total number of representatives in the House of Representatives in Congress to 
represent marginalized sectors, as well as to enhance the political party system in our 
country. 
However, party-list representation as provided in the Constitution is not being fully 
maximized. Moreover, the seat allocation in the party-list system has been largely 
problematic. This has resulted to various Supreme Court cases questioning the formula for 
the allocation of seats in the party-list system, among other things. 
To solve this problem and provide adequate guideline in the party-list system, 
particularly a more effective seat allocation formula, this bill proposes to amend Republic 
Act No. 7941, otherwise known as the Party-List System 
/ 
psenator % 


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Introduced by Senator Richard J. Gordon 
AN ACT AMENDING REPUBLIC ACT NO. 7941, 
OTHERWISE KNOWN AS THE PARN-LIST SYSTEM ACT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 3 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended to read as follows: 
“Section 3. Definition of Terms. - . . . 
... 
(G) AVAILABLE SEATS REFERS TO THE ACTUAL NUMBER OF 
SEATS RESERVED FOR THE PARTY-LIST SYSTEM AS PROVIDED IN 
SECTION 12. 
(H) WINNING MINIMUM PERCENTAGE THR€SHOLD REFERS TO 
THE VALUE OF ONE DIVIDED BY AVAILABLE SEATS AND MULTIPLIED 
BY ONE HUNDRED PERCENT (IIAVAILABLE SEATS X 100%). THIS 
PERCENTAGE VALUE SHALL BE EXPRESSED UP TO EIGHT (8) 
DECIMAL PLACES OF ACCURACY. 
(I) WINNING MINIMUM PERCENTERS REFERS TO THOSE PARTY- 
LIST PARTIES, ORGANIZATIONS, AND COALITION THAT REACHED THE 
WINNING MINIMUM PERCENTAGE THRESHOLD.” 
Sec. 2. Section 5 of Republic Act No. 7941, otherwise known as the Party-List 
“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 (go)] ONE HUNDRED EIGHTY 
(180) days before the election a petition verified by its president or secretary 
System Act, is hereby amended to read as follows: 


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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 relevant information as the 
COMELEC may require: Provided, That the sectors shall include, BUT NOT 
BE LIMITED TO, labor, peasant, fisherfolk, urban poor, indigenous cultural 
communities, elderly, handicapped, women, youth, veterans, overseas 
workers, and professionals; PROVIDED FURTHER, THAT THE PARTIES, 
ORGANIZATIONS OR COALITIONS THEREOF POSSESS ALL THE 
QUALIFICATIONS AND NONE OF THE DISQUALIFICATIONS UNDER 
SECTION 6; AND PROVlDED FURTHERMORE, THAT THE POLITICAL 
PARTY IS 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 OR THE NATION, 
A$ MAY BE APPROPRIATE IN EACH CASE. FAILURE TO SUBMIT ANY OF 
THE AFORECITED FORMAL REQUIREMENTS MAY BE A GROUND FOR 
DISMISSAL MOTU PROPRIO BY THE COMELEC OF ITS PETITION. 
The COMELEC shall IMMEDIATELY publish the VERIFIED petition in 
at least two national newspapers of general circulation SETTING THE SAME 
FOR HEARING. 
The COMELEC shall, after due notice and hearing, resolve [the] SAID 
petition, INCLUDING A MOTION FOR RECONSIDERATION IF ANY, within 
fifteen (15) days from the date [it was submitted for decision but in no case] 
OF ITS SUBMISSION ?OR RESOLUTION. THE COMELEC SHALL 
RESOLVE ALL REGISTRATION MATTERS not later than [sixty (60)] ONE 
HUNDRED TWENTY (120) days before election.” 
See. 3. Section 6 of Republic Act No. 7941, otherwise known as the Party-List System 
Act, is hereby amended to read as follows: 
“Sec. 6. Refusal and/or Cancellation of Registration. -... 
(7) [It has ceased to exist for at least one year; or] IT IS A SECTORAL 
PARTY OR ORGANIZATION FUNDED OR ASSISTED BY THE 
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GOVERNMENT 
FOR 
PURPOSES 
OF 
THE 
PARTY-LIST 


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ELECTIONS; 
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(8) IT IS A MILITARY, POLICE-RELATED ORGANIZATION, 
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CEASED TO EXIST; 
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( I O )  THE POLITICAL PARTY FAILS TO SHOW PROOF THAT ITS 
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CONSTITUENCY IS SPREAD OVER THE GEOGRAPHICAL 
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TERRITORY OF AT LEAST A MAJORITY OF THE PROVINCES OR 
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CITIES COMPRISING A REGION OR THE NATION, AS MAY BE 
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APPROPRIATE IN EACH CASE; OR 
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(12) [8] It fails to participate in the last two IMMEDIATELY preceding 
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elections, or HAVING PARTICIPATED IN AN ELECTION fails to obtain 
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at least [two per centum (2%)] THE WINNING MINIMUM 
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PERCENTAGE THRESHOLD of the PARTY-LIST votes THEREIN 
1s 
[cast under the party-list system in the two preceding elections for the 
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constituency in which it has registered].” 
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AVAILABLE TO THE PUBLIC.” 
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SECURITY AGENCY, OR A PRIVATE ARMED GROUP; 
(9) IT WAS DISSOLVED, ABSORBED, MERGED, AND/OR HAS 
Sec. 4. Section 7 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended as follows: 
“Sec. 7. Certified List of Registered Parties. - The COMELEC shall, not 
later 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-list system. SAID CERTIFIED LIST SHALL BE 
PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST 
ONCE A WEEK FOR TWO 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 [known on] INCLUDED IN the 
certified list BUT ACCESS TO SUCH INFORMATION SHALL BE MADE 
Sec. 5. Section 8 of Republic Act No. 7941, otherwise known as the Party-List System 
Act, is hereby amended as follows: 
“Sec. 8. Nomination of Party-List Representatives. - Each registered 
party, organization, or coalition shall submit to the COMELEC not later than 


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[forty-five (45)] NINETY (90) days before the election a list of names, not less 
than [five (5)] EIGHT (4, from which party-list representatives shall be chosen 
in case it obtains the required number of votes. 
A person may be nominated in one 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 a person who has lost his bid 
for an elective office OTHER THAN THE PARTY-LIST in the immediately 
preceding election: PROVIDED, THAT ANY INCUMBENT APPOINTIVE 
GOVERNMENT OFFICIAL AND EMPLOYEE INCLUDING ANY ACTIVE 
MEMBER OF THE ARMED FORCES AND ANY EMPLOYEE IN A 
GOVERNMENT OWNED OR CONTROLLED CORPORATION SHALL BE 
CONSIDERED IPSO FACTO RESIGNED FROM THE SERVICE UPON THE 
SUBMISSION OF HIS NAME AS PARTY-LIST NOMINEE WITH THE 
COMELEC. 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, becomes incapacitated in which case the name of the substitute 
nominee shall be placed in the list. [Incumbent sectoral representatives in the 
House of Representatives who are nominated in the party-list system shall 
not be considered resigned.]” 
Sec. 6. Section 11 of Republic Act No. 7941, otherwise known as the Party-List System 
Act, is hereby amended as follows: 
“Sec. 11. Number of Party-List Representatives. - The party-list 
representatives shall constitute twenty per centum (20%) of the total number 
of the members of the House of Representatives including those under the 
party-list. 
For purposes of the May 1998 elections, the first five major political 
parties on the basis of party representation 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. 
following procedure shall be observed: 
[In determining the allocation of seats for the second vote, the 
(a) The parties, organizations, and coalitions shall be ranked from the 


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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, final/% That each party, organization, or coalition 
shall be entitled to not more than three seats.]" 
Sec. 7. Section 12 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended as follows: 
"Sec. 12. Procedure in Allocating Seats for Party-List Representatives. 
- The COMELEC shall tally all the votes for the parties, organizations, or 
coalition 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 
COMELEC SHALL ADOPT THE FOLLOWING PROCEDURE: 
ALLOCATING SEATS FOR THE PARTY-LIST REPRESENTATIVES, THE 
(A) THE TOTAL NUMBER OF AVAILABLE SEATS OPEN FOR THE 
PARTY-LIST ELECTIONS, EQUIVALENT TO TWENTY PERCENT (20%) OF 
THE TOTAL MEMBERSHIP OF THE HOUSE OF REPRESENTATIVES, 
SHALL BE DETERMINED BY MULTIPLYING TWENTY-FIVE PERCENT 
(25%) WITH THE TOTAL NUMBER OF MEMBERS COMING FROM THE 
LEGISLATIVE DISTRICTS. THE INTEGER PART OF THE RESULT SHALL 
BE THE TOTAL NUMBER OF AVAILABLE SEATS FOR THE PARTY-LIST 
SYSTEM. 
(B) THE PARTIES, ORGANIZATIONS AND COALITIONS THAT 
PARTICIPATED IN THE PARTY-LIST ELECTION SHALL BE RANKED FROM 
THE HIGHEST TO THE LOWEST BASED ON THE NUMBER OF VOTES 
THEY WON DURING THE ELECTIONS. 
(C) 
THE PERCENTAGE OF VOTES OF EACH PARTY-LIST 
ORGANIZATION RELATIVE TO THE TOTAL NUMBER OF VOTES CAST 
FOR THE PARTY-LIST ELECTION SHALL BE DETERMINED BY DIVIDING 


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2s 
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THE VOTES GARNERED BY THE PARTY-LIST ORGANIZATION WITH THE 
SUM TOTAL OF VOTES CAST FOR ALL PARTY-LIST ORGANIZATIONS 
MULTIPLIED BY ONE HUNDRED PERCENT (100%). 
(D) THE WINNING MINUMUM PERCENTAGE THRESHOLD SHALL 
BE DETERMIED BY GETTING THE VALUE OF THE FOLLOWING 
FORMULA: ONE DIVIDED BY AVAILABLE SEATS AND MULTIPLIED BY 
ONE HUNDRED PERCENT (IlAVAlLABLE SEATS X 100%). THE WINNING 
MINIMUM PERCENTERS SHALL THEN BE LISTED SEPARATELY. 
(E) THE NUMBER OF SEATS THAT SHALL BE AWARDED TO THE 
MINIMUM WINNING PERCENTERS SHALL BE COMPUTED AS FOLLOWS: 
(1) THE VOTES WON BY EACH WINNING MINIMUM 
PERCENTER SHALL BE MULTIPLIED BY THE TOTAL AVAILABLE 
SEATS FOR THE PARTY-LIST SYSTEM AND DIVIDED BY THE 
TOTAL VOTES OF THE WINNING MINIMUM PERCENTERS. 
(2) THE INTEGER PART OF THE RESULT SHALL 
DETERMINE THE FIRST ROUND OF SEAT ALLOCATION. EACH 
WINNING MINIMUM PERCENTER SHALL BE AWARDED THE 
NUMBER OF SEATS THAT IS EQUAL TO THE INTEGER PART OF 
THE RESULT THAT IS OBTAINED. 
(3) THE DECIMAL PART OR FRACTION OF THE RESULT 
SHALL DETERMINE THE SECOND ROUND OF SEAT ALLOCATION. 
THE DECIMAL PART SHALL BE EXPRESSED UP TO EIGHT 
DECIMAL PLACES. 
IN THIS ROUND, THE FOLLOWING PROCEDURE SHALL BE 
ADOPTED: 
(I) THE WINNING MINIMUM PERCENTERS SHALL BE 
RANKED FROM HIGHEST TO LOWEST BASED ON THE 
DECIMAL 
PART 
THAT 
EACH 
WINNING 
MINIMUM 
PERCENTER OBTAINED. 
(11) THE REMAINING AVAILABLE SEATS SHALL BE 
DETERMINED BY SUBTRACTING THE TOTAL NUMBER OF 
SEATS AWARDED IN THE FIRST ROUND OF SEAT 
ALLOCATION FROM THE TOTAL AVAILABLE SEATS FOR 


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THE PARTY-LIST SYSTEM. 
(111) THE REMAINING NUMBER OF SEATS SHALL BE 
ALLOCATED TO THE WINNING MINIMUM PERCENTERS 
BASED ON THE RANKING OF EACH WINNING MINIMUM 
PERCENTER IN (3)(1). ONE SEAT SHALL BE AWARDED TO 
EACH 
OF 
THE 
WINNING 
MINIMUM 
PERCENTERS 
STARTING FROM THE HIGHEST AND GOING DOWN TO 
THE LOWER RANKS UNTIL ALL THE REMAINING SEATS 
ARE COMPLETELY ALLOCATED. 
(F) IN CASE OF A TIE IN THE DECIMAL PART OR FRACTION, THE 
AWARDING OF THE LAST SEAT SHALL BE BASED ON THE 
COMPARISON 
OF 
ACTUAL 
VOTES. 
THE 
WINNING 
MINIMUM 
PERCENTER WITH THE HIGHEST NUMBER OF VOTES SHALL BE 
AWARDED THE LAST SEAT. 
(G) NO PARTY, ORGANIZATION, OR COALITION SHALL BE 
ENTITLED TO MORE THAN SIX SEATS." 
Sec. 8. Section 15 of Republic Act No. 7941, otherwise known as the Party-List System 
Act, is hereby amended 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 
UNDER HIS NEW PARTY OR ORGANIZATION IN THE NEXT ELECTION: 
Provided, That if he changes his political party or sectoral affiliation within six 
months before an election, he shall not be eligible for nomination as party-list 
representative under his new party or organization." 
INELIGIBLE FOR NOMINATION AS A PARTY-LIST REPRESENTATIVE 
Sec. 9. Section 17 of RepublicAct No, 7941, otherwise known as the Party-List System 
Act, is hereby amended as follows: 
"Sec. 17. Rights of Party-List Representatives. - Party-list 
representatives shall be entitled to the same salaries and emoluments, 
RIGHTS, PRIVILEGES AND BENEFITS as DISTRICT [regular] members of 
the House of Representatives." 
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Sec. 10. Section 17-A is hereby inserted in Republic Act No. 7941, otherwise known as 


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the Party-list System Act, to read as follows: 
“SEC. 17-A. VOTERS EDUCATION. - THE COMELEC, TOGETHER 
WITH AND IN SUPPORT OF ACCREDITED CITIZENS ARMS, SHALL 
CARRY OUT A CONTINUING AND SYSTEMATIC CAMPAIGN THROUGH 
NEWSPAPERS OF GENERAL CIRCULATION, RADIO AND OTHER MEDIA 
FORMS, 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 SYSTEM 
INCLUDING HOW TO CAST THE VOTE THEREFOR.” 
Sec. 11. Repealing Clause. - All laws, decrees, orders, rules and regulations or other 
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
Sec. 12. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect. 
Sec. 13. Effectivity. - This Act shall take effect after fifteen (15) days following the 
completion of its publication in the Official Gazette or in a newspaper of general circulation 
in the Philippines. 
Approved,