SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
SENATE 
Senate Bill No. _=1:...::9,---=O=--4=--_ 
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Introduced by SENATOR JOSEPH VICTOR G, EJERCITO 
EXPLANATORY NOTE 
There is an urgent need to save the Party-list system. 
In the past Congresses since the Party-list system 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. 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. 
But despite the said 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 slhe is a member of a supposed marginalized and 
underrepresented group at least "ninety days" before the party-list elections. 
The number of party-list representatives has come close to 20% of the 
total number of members of the House in the 15th Congress, and the growing 
concern 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 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. 
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" practically 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: 
1. The intent and purpose of the Constitution to 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 us. 
COMELEC et al. (G.R. No.147613, June 26, 2001), and Ang Bagong Bayani-
OFW Labor Party us. 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 
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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. 
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. 
In view of the foregoing, immediate passage of this bill is therefore 
earnestly sought. 
, 
~ 
JOSEPH VICTOR G. EJERCITO 
3 


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SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
'13 
NOV -5 P5 :30 
First Regular Session 
SENATE 
Senate Bill No. __ 
1_9_0_4 __ 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
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 of 
the Philippines in Congress assembled: 
Section 1. Title. This Act shall be known as the "Genuine Party-List 
Group and Nominee Act of 2013". 
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 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 labor, peasant, 
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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 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." 
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 all precincts for posting in th~ 
polling places on election day. The names of the party-list nominees shall 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 
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Elections (COMELEC) not later than [forty-five (45)] SIXTY (60) days before the 
election a list 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 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 bp 
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. 
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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 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 IS A PERSON: 
(a) WHO WAS ELECTED AND SERVED OFFICE AT ANY TIME AS VICE 
MAYOR, 
MAYOR, 
VICE 
GOVERNOR, 
GOVERNOR, 
DISTRICT 
REPRESENTATIVE, SENATOR, VICE PRESIDENT AND PRESIDENT; 
(b) WHO IS RELATED BY AFFINITY OR CONSANGUINITY TO THE 3RD 
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. " 
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.. 
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 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 
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, 
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