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

t

Sixteenth Congress
First Regular Session

House Bil No,_4549

Introduced by Representatives:
Ibarra “Barry” Gutierrez Ill (AKBAYAN), Walden F. Bello (AKBAYAN), Anthony
M. Bravo (COOP NATCCO), Juan Johnny R. Revilla (OFW FAMILY), Julieta R.
Cortuna (A TEACHER), Edgardo R. Masongsong (1-CARE), Christopher S. Co
(AKO BICOL), Rodel M. Batocabe (AKO BICOL), Cresente C. Paez (COOP
NATCCO), Nicanor M. Briones (AGAP), Rico B. Geron (AGAP), Gary C. Alejano
(MAGDALO), Francisco Ashley L. Acedillo (MAGDALO), Maximo Rodriguez, Jr.
(ABAMIN), Sitti Djalia Turabin-Hataman (AMIN), Samuel D. Pagdilao (ACT-CIS),
Catalina G. Leonen-Pizarro (ABS), Erlinda M. Santiago (1-SAGIP), Lorna Q.
Velasco (AMA), Pablo R. Nava Ill (APPEND), and Roy V. Seneres, Sr. (OFW).

EXPLANATORY NOTE

After six party-list elections—the most recent of which is during the 13 May 2013
elections—and various Supreme Court pronouncements on the party-list system, it
became not only clear but crucial that there is a need to amend Republic Act No.
7941 or the “Party-List System Act.” There is an urgent need to make its provisions
more consistent with the Constitutional mandate, intent and purpose which is to
democraticize the Philippine electoral and political system.

The recurring problems concerning registration and interpretation of the threshold of
votes, including the confusing implementation of the Act, show that amendments are,
in fact, overdue.

While the Supreme Court has attempted to settle and clarify various constitutional
and legal issues involving the interpretation of the Act's key provisions through its
decisions there are still, for example, debates on what is the correct formula for the
allocation of party-list seats. Up until now, neither the formula discussed in the case
of Veterans Federation Party, et al. vs. Comelec, et al. (06 October 2000) or that
dscussed in the case BANAT vs. Comelec (21 April 2009) has gained popular
acceptance among experts, election practitioners and members of the academic
community. Some experts were even quoted to say that the formula violated
principles of proportionality that lie at the core of the party-list system

While the decision of the Supreme Court in Atong Pagiaum, Inc. vs. Comelec (02
April 2013) has promoted the Constitutional intent of proportional representation and

02 UN OP

OOP
“Pope


removed the focus from the requirement of marginalization for participating national
and regional political parties or organizations, there is a need to incorporate this
judicial decision to our legal system by translating it into a statute.

In view of the foregoing, the passage of this bill is earnestly sought.

Juan Johnny R. Revilla

Edgardo R. Masongsong

Christophens. Co Rodel M. Batocabe

creségih tee TM, Briones

Rico B. Geron (—“Gary C. Alejano

Francisco Ashley L. Acedillo Maximo: Rodriguez)

Sitti Djalia Tuybin-Hataman Samuel D. Pagdjiac

Erlinda M. Santiago

Catalina G. n-Pizarro.

Lorne a! Pablo R. Nava III

Roy V. Seneres, Sr.

Vhonct. (lent 3

MARIAMO LU, P/AHONTE TM.


BR SceroHMewns

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

Sixteenth Congress
First Regular Session

4549

House Bill No,

Introduced by Representatives

Ibarra “Barry” Gutierrez Ill (AKBAYAN), Walden F. Bello (AKBAYAN), Anthony
M. Bravo (COOP NATCCO), Juan Johnny R. Revilla (OFW FAMILY), Julieta R.
Cortuna (A TEACHER), Edgardo R. Masongsong (1-CARE), Christopher S. Co
(AKO BICOL), Rodel M, Batocabe (AKO BICOL), Cresente C. Paez (COOP
NATCCO), Nicanor M. Briones (AGAP), Rico B. Geron (AGAP), Gary C. Alejano
(MAGDALO), Francisco Ashley L. Acedillo (MAGDALO), Maximo Rodriguez, Jr.
(ABAMIN), Sitti Djalia Turabin-Hataman (AMIN), Samuel D. Pagdilao (ACT-CIS),
Catalina G. Leonen-Pizarro (ABS), Erlinda M. Santiago (1-SAGIP), Lorna Q.
Velasco (AMA), Pablo R. Nava Ill (APPEND), and Roy V. Seneres, Sr. (OFW).

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:

SECTION 1. Title. - This Act shall be known as the “Party-List Amendments Act of
2014".

SECTION 2. Secticn 3 of Republic Act No. 7941, otherwise known as the "Party-List
System Act’ is hereby amended by revising paragraphs (d) and (e), and by adding
definitions, as follows:

“Section 3. Definition of Terms.—

XXX


(d) A ‘sectoral party refers to (1) an organized group of
citizens belonging to any of the marginalized _and
underrepresentated sectors as provided in Section 5
hereof whose principal advocacy pertains to the interests

and concerns of its sector or to (2) an organized group

of citizens lacking a well-defined constituency.

(e) A ‘sectoral organization’ refers to a group of citizens or
a coalition of groups of citizens who share interests
and/or concerns

XXX

(g) ‘Available seats’ refer to the actual number of
seats reserved for the party-list system as provided in

Section 11 of this Act.

(h) ‘Winning minimum percentage threshold refers to
the value of (1/available seats)*100%. The value of the
‘winning minimum percentage threshold’ shall_be
expressed in at least six (6) decimal places for

accuracy.

(i) ‘Winning minimum_percenters’_refer_to_those
national, regional and sectoral parties, organizations.
and coalitions whose percentage of votes _as
determined under Section 12, paragraph 3 shall_be
equal to or greater than the minimum percentage
threshold as defined in paragraph (h) of this Section.”

SECTION 3. Section 4 of Republic Act No. 7941 otherwise known as the “Party-List
System Act’ is hereby amended to read as follows

“Section 4. Manifestation to Participate in the Party-List
System—Any national, regional or sectoral party,
organization, or coalition already registered with the
Commission under this Act, need not register anew and
shall_automatically be eligible to participate in the
party-list__elections without need of _ further
requirements: Provided, That it has not ceased to
exist for at least one (1) year prior to the date of the
party-list elections, or was not dissolved, absorbed,

merged or otherwise ceased to exist.



Such national, regional or sectoral party, organization,
or coalition shall formally manifest its intention to
participate _in the party-list elections one hundred
eighty (180) days before the elections.

SECTION 4. 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.—

(a) Joint _initial_registration as political party and
party-list—Any qualified group of persons may register
as a national, regional or sectoral political party and as
a participant in the party-list system by filing with the
Commission not later than one hundred eight (180) days
before the election a petition verified by its president or
chairperson, or in his absence, the secretary-qeneral,
stating the following:

(1) Its_intention to be registered _as political party
under Section 61 of Batas Pambansa Bilang 881
otherwise known as the “Omnibus Election Code”:
Provided, That _all__documentary _and___other

requirements under Section 61 of BP 881 should be
attached to the verified petition for registration; and

(2) Its intention to participate in the party-list system as

a national, regional, or sectoral party.

(b) Initial registration of existing political parties as
party-list—Any political party already registered with
the Commission under Section 61 of BP 881 may
participate in the party-list elections by filing with the
Commission not later than one hundred eighty (180)
days before the election a petition verified by its
president_or chairperson or, in his absence, the
secretary-general, stating its intent to participate in
the party-list system

The petition _in subparagraphs (a) and (b) of this
Section shall be verified and shall state the following:

{i) Name and acronym of the party, organization or
coalition, with the acronym not exceeding twenty (20)



characters:
) Nature of the organization, whether it is a national,
regional or sectoral party, organization or coalition:
(ili) For sectoral parties, the sector or sectors which
seeks to represent;

(iv) The name and address of _its_president_or
chairperson or, in his absence, the secretary-general,
who will represent the party in the petition;

(v) Petitioner's principal_headquarters_and_postal
office address;

(vi) Names, positions, and addresses of its elected
officers;

(vii) Petitioner's intention or desire to participate in
the party-list election;

(viii) Names and addresses of its chapter offices;

(ix) That all of its officers and members are made
aware of the petition and have given their consent

thereto:
(x) The list of documents attached to the petition;

(xi) That it is not a religious sect or denomination,
organization or association organized for religious
purposes;

(xii) That it shall not advocate violence or unlawful
means to achieve its goals:

(xiii) That it is not adjunct or a project organized or
an entity funded or assisted by the government;

(xiv) That it is not a foreign party or organization;

(xv) That it does not receive support for partisan
political purposes from any foreign government,
foreign political_party, foundation, organization.
whether directly or indirectly, or through its officers
or members, or indirectly through third parties;

(xvi) The period of existence of petitioner, which shall
be at least one (1) year at the time the petition was
filed:
(xvii) A commitment to comply with the laws, rules
and regulations relating to elections; and

(xviii) In_the case of a_national or regional party,
organization or coalition, an undertaking that it shall
not field candidates in the legislative district
elections.

The president or chairperson or, in his absence, the
secretary-general, as representative of the party shall



affix his signature on the the verification portion of
the petition stating under oath that he is one of the
officers of the petitioner duly authorized to verify the
petition; that he has caused the preparation and filing
of the petition; and that he read and understood the
contents of and acknowledges the same to be true
and correct based on his personal knowledge.

Provided, That for the purpose of registering as a sectoral
party, the sectors shall include, but are not limited to,
labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, elderly, cooperatives, handicapped,
women, youth, veterans, overseas workers, and
professional sectors. National and regional parties shall
not be required to register a sectoral constituency for the
purpose of participating in the party-list system.

The Commission may (i) motu proprio, refuse to give
due course to a verified petition for registration or (ii)
upon _a_ verified petition of an interested party and
after a summary hearing, deny said verified petition
for registration if it is shown that such petition has
been filed to put the party-list election process in

mockery or disrepute or to cause confusion among
the voters by the similarity of petitioner's name to
any previously registered party-list_or by other
circumstance or act which clearly demonstrate that
the petitioner has no bona fide intention to run in the
party-list_to_run_ the _party-list_election and thus
prevent a faithful determination of the true will of the
electorate.

Failure to submit any of the aforementioned formal
requirements shall_result_in the dismissal_motu
proprio of its verified petition for registration;
otherwise, the Commission shall immediately publish
the verified petition in at least two (2) national
newspapers of general circulation setting the same for
hearing.

The Commission shall, after due notice and hearing,
resolve said petition, including a motion for its
recorsideration within thirty (30) days from the date of
its submission for resolution but not later than one



hundred twenty (120) days before election. The
resolution of the petition for registration for
registration shall be limited to an evaluation of its
compliance with the documentary requirements and

its eligibility under Section 6.

(c) Parties, organizations or coalitions previously
registered under the party-list elections shall not be
required to register under subparagraphs (a) or (b) of
this Section: Provided, That they comply with the
requirements in Section 4.”

SECTION 5. Section 6 of Republic Act No. 7941 otherwise known as the “Party-List
System Act’ is hereby amended to read as follows:

“Section 6. Removal and/or Cancellation of
Registration—The Commission may motu proprio or
upon a verified compliant 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;

(2) It advocates violence or unlawful means to seek its
goal,

(3) It is a foreign party or organization;

(4) It Is receiving support from any foreign government,
foreign political party, foundation, organization, whether
directly or through any of its officers or members or
indirectly through third parties or partisan election
purposes;

(5) It violates or fails to comply with laws, rules or
regulations relating to elections;

(6) It declares any untruthful statement in its petition or
submissions;

{7) It was dissolved, absorbed. merged and/or has
ceased to exist;



(8) In the case of a national or regional party,
organization or coalition, that it nominated
candidates in the district elections for the House of

Representatives.

A national, regional or sectoral party, organization or
coalition which (i) fails to participate in the two (2)
immediately preceding elections, or (ii) having
Participated therein fails to obtain at_least_the
winning minimum percentage or the party-list votes.
or (iii) not only failed to pai pate in the elections
immediately preceding its registration in the party-list
system but also failed to obtain at least the winning
minimum percentage of _party-list_votes in the
immediately subsequent elections, __shall__be
automatically dropped for the list of the party-list:
Provided, That this is_a ground for the automatic
cancellation _of its registration: Provided, further,
That no complaint or petition is needed to effect such
a_carcellation: Provided, finally, That cancellation of
registration under these grounds will perpetually bar
the organization from participating in the party-list
system.

A complaint for cancellation of registration of any
national, regional or sectoral party may only be filed
once every three (3) years and in no case within six
(6) months before the next national elections:
Provided, That no case of the same or similar nature
shall be recognized by the Commission after the said
period. All complaints for cancellation of registration
must be decided by the Commission not later than
sixty (60) days before the next elections.

The pendency of a complaint and/or motion for
reconsideration of a resolution denying a complaint
for cancellation of registration of a national, regional
or sectoral party shall not be a ground for deferment
of the proclamation of the concerned party-list.”_

SECTION 6. Section 7 of Republic Act No. 7941 otherwise known as the “Party-List
System Act’ is hereby amended to read as follows:


“Section 7. Certified List of Registered Parties—The
Commission shall, not later than seventy-five (75) days
before election, prepare a certified list of national,
regional, or sectoral parties, organizations or coalitions
which have applied or manifested their desire to
participate under the party-list system and distribute
copies thereof to all precincts for posting in the polling
places on election day. Said certified list_shall_be
published in a newspaper of general circulation at
least once a week for two (2) consecutive weeks.”

SECTION 7. Section 5 of Republic Act No. 7941 otherwise known as the “Party-List
System Act’ is hereby amended to read as follows:

“Section 8. Nomination of Party-List Representatives.—

Each registered national, regional_or sectoral party,
organization or coalition shall submit to the Commission

not later than 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 number of votes. Such list shall be verified by
the president or chairperson, or in their absence, the
secretary-general of the party-list organization

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 current or in the immediately
preceding election, excluding barangay elections:
Provided, That any incumbent government official
and employee including any active member of the
Armed Forces of the Philippines and any employee in
government-owned or -controlled corporations who
is nominated to the party-list shall be considered
ipso facto resigned from the service on the last of
ing of certificates of candidacy for national elective
position:

No _party-list_nominee fromthe same party,
organization or coalition shall be related up to the
fourth degree of consanguinity or affinity to other

party-list nominees.



33
34
35
36

Any party-list member or nominee who becomes a
member or nominee of another party shall be
considered resigned from the original or previous
party.

No change of names or alteration of the order of
nominees shall be allowed after the same has been
submitted to the Commission except in cases where the
nominee dies, or withdraws in writing his nomination, OR
becomes incapacitated, in which cases the name of the
substitute shall be placed in the list.

The Commission shall, not later than seventy-five
(75) days before election, prepare a certified list of
nominees. Said certified list shall be published in a
newspaper of general circulation at least once a week
for two (2) consecutive weeks.

In case two (2) or more different lists of nominees are
submitted to the Commission, the latter shall
recognize the list verified by the president or
chairperson, or in his absence, the secretary-general,
of the party-list organization.

Issues in regard two (2) or more different lists of
nominees shall be resolved in a summary hearing,
and_in every case, the by-laws of the party-list
organization shall guide the Commission to the
resolution of the issue. The Commission shall ensure
that proceedings are expeditious and that _a
resolution thereof be made within five (5) working

days.”

SECTION 8. Section 9 of Republic Act NO. 7941 otherwise known as the “Party-List
System Act’ is hereby amended to read as follows:

“Section 9. Qualification of Party-List Nominees.’—A
party-list nominee must be:

(a) A natural-born citizen of the Philippines;

b) A registered voter;

(c) A resident of the Philippines for a period of not
less than one (1) year immediately preceding the day
of the electon;



(d) Able to read and write;

{e) A bona fide member of the party or organization
which the nominee seeks to represent for at least
ninety (90) days preceding the day of the election;

and
(f) 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
representative who reaches the age of thirty (30) during
his term shall be allowed to continue until the expiration
of his term.

No other qualification shall be required of nominees
except if Congress provides for the same through the

enactment of a subsequent law.”

SECTION 9. A new provision after Section 9 of Republic Act No. 7941 otherwise
known as the “Party-List System Act’ is hereby added:

“Section 9-A. Complaint for disqualification of party-
list nominee.—The Commission may motu proprio or
upon verified _complaint_of_any interested party,
remove or disqualify, after due notice and hearing, a
nominee of a particular party on the ground that the
said nominee lacks any of the qualifications of a
party-list nominee as enumerated in Section 9 of this
Act: Provided, That a complaint for disqualification of
a_nominee may only be filed against a particular
nominee within ten (10) days after the submission of
the_list_of nominees to the Commission. The
pendency of a complaint and/or motion for
reconsideration denying a complaint for
disqualification of a nominee shall not be a ground
for the deferment _and_ suspension _of _ the
proclamation of the concerned party.”

SECTION 10. Section 10 of Republic Act No. 7941 otherwise known as the “Party-
List System Act’ is hereby amended to read as follows:

“Section 10. Manner of Voting.—Every voter shall be
entitled to two votes for the House of Representatives.


The first is a vote for a candidate for member of the
House of Representatives in his legislative district, and
the second, a vote for the national, regional or sectoral
party, organization, or coalition whichthe voter wants to
be represented in the House of Representatives:
Provided, That a vote cast for a national, regional or
sectoral party, organization or coalition not entitled to be
voted for shall not be counted and considered in the
computation of the total number of valid votes cast

for the party-list.”

“Section 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.

No party, organization, or coalition shall be entitled
to more than three (3) seats.”

“Section 12. Procedure in Allocating Seats for the Party-

List Representatives. —In allocating seats for the party-
list_representatives, the Commission shall adopted

the following procedure:

{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
the total _number_of members coming from the
legislative districts with twenty-five percent (25%).
The integer part of the result shall_be the total
number of available seats for the the party-list

syste

ASPL

Where:

SECTION 11. Section 11 of Republic Act No. 7941 otherwise known as the “Party-
List System Act’ is hereby amended to read as follows:

SECTION 12. Section 12 of Republic Act No, 7941 otherwise known as the “Party-
List System Act’ is hereby amended to read as follows:


ASPL: available seats open __ for __party-list

organizations
SLD: total _number_of members coming from

legislative districts

{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 actual
number of votes they obtained during the elections.

(c)_The percentage of votes of each _party-list
organization relative to the total number of valid
votes case for the party-list election shall be
determined by dividing the votes garnered by the
party-list_ organization with the sum total of valid
votes cast for all party-list organizations multiplied
by ore hundred (100), computed up to six (6) decimal
places.

VPL% = (AVPL + TVV) x 100

Where:
VPL%: percentage of votes of a _party-list
organization relative to the total number of valid
votes cast

AVPL: total number of votes garnered by the party-
list organization

TVV: total of valid votes cast for_all_party-list
organizations

(d) The winning minimum percentage threshold shall
be determined by dividing one (1) by the total number
of available seats open for the party-list elections
multiplied by one hundred percent (100%), computed
up to six (6) decimal places. The winning minimum
percenters shall then be listed separately.

WMT SPL) x 100%

Where:
WMT: winning minimum percentage threshold

{e) The number of seats that shall be awarded to the
winning minimum percenters shall be computed as



4 follows:

2

3 (1) The votes garnered by each winning minimum
4 percenter shall be multiplied by the total available
5 seats for the party-list system and divided by the
6 total votes cast for all the winning minimum
7 percenters.

8

9 S = (AVPL x ASPL) + TVWM

10

11 Where:

12 umber of seats to be awarded

13 TVWM: total _votes cast _for_all_ winning minimum
14 percenters

15

16 (2) The integer part of the result in Paragraph (1) of
17 this Section _shall_determine the number of seats
18 awarded to each winning minimum _percenter. No
19 party, organization, or coalition shall be entitled to
20 more than three (3) seats.

21

22 (3) Following this first round of seat allocations, any
23. remaining unallocated seats shall be allocated
24 according to the following procedures:

25

26 {i) National, regional or sectoral parties that did not
27 obtain a percentage of votes equal to or greater than
28 the minimum percentage threshold shall be ranked
29 from highest to lowest based on the actual votes they
30 have garnered.

31

32 (ii) One (1) seat shall be allocated to each of the
33 parties falling under Paragraph (i) above, as ranked.
34 until all the seats unallocated in the first round shall
35 have been exhausted.”

36

37 SECTION 13. Section 15 of Republic Act No. 7941 otherwise known as the “Party-
38 List System Act’ is hereby amended to read as follows:

39
40 “Section 15. Change of Affiliation; Effect—Any elected
a party-list representative who changes his party-list
42 affiliation during his term of office shall forfeit his seat.”
43

44 SECTION 14. Section 17 of Republic Act No. 7941 otherwise known as the “Party-
13


List System Act’ is hereby amended to read as follows:

“Section 17. Rights of Party-List Representatives.—Party-
list representatives shall be entitled to the same salaries,

emoluments, and all rights, privileges and benefits as
ict members of the House of Representatives.”

SECTION 15. A new section is hereby inserted after Section 17, as follows:

“Section 17-A. Voters education —The Commission,
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, forums 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.”

SECTION 16. Section 18 of Republic Act No. 7941 otherwise known as the “Party-
List System Act’ is hereby amended to read as follows:

“Section 18, Rules and Regulations —The Commission.
in___consultation __with registered __party-list
organizations and other interested parties, shall
promulgate the necessary rules and regulations in the
form resolutions as may be necessary to carry out the
purposes of this Act. ”

SECTION 17. Separability Clause.—if for any reason, any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not affected thereby
shall continue to be in force and effect.

SECTION 18. Repealing Clause.—All laws, decrees, executive orders,
proclamations, rules and regulations, and other issuances, or part or parts thereof,
particularly of Republic Act No. 7941, or the “Party-List System Act’ and of Republic
Act No. 9006, or the “Fair Elections Act,” which are inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

In the same manner, all inconsistent provisions of the COMELEC Resolution
No. 9366 (or the Rules and Regulations Governing the Filing of Petitions for
Registration, Filing of Manifestation of Intent to Participate, Submission of
Names of Nominees, and Filing of Disqualification Cases Against Nominees of
Party-List Groups or Organizations Participating Under the Party-List System

14



Aarons

of Representation in Connection with the May 13, 2013 National and Local
Elections, and Subsequent Elections Thereafter) are hereby repealed.

SECTION 19. Effectivity Clause.—This Act shall take effect fifteen (15) days after
the completion of its publication in the Official Gazette or at least two (2) newspapers
of general circulation

Approved,