Fifteenth Congress

First Regular Session

HOUSE BILL NO.

4732

Introduced by Hon. Julieta R. Cortuna and Hon. Mariano U. Piamonte Jr.

Representatives, A TEACHER Party-List

EXPLANATORY NOTE

“The Republic Act 7941 (Section 2) or the Party-List System Act of 4995 describes the partyist
system as a mechanism ‘which wilt enable Filipino citizens belonging to the marginalized and
underrepresented sectors, organizations and parties, and who jack well-defined political
constituencies but who could contribute to the formulation and ‘enaciment of appropriate
legislation that will benefit the nation as a whole, (0 represent their respective sectors and
become members of the House of Representatives”

The above objective of RA 7941 is clear and noble, however, numerous controversies rooted on

‘weaknesses and ambiguities of the law have marred the implementation of party-st
system in the past few elections. These weaknesses rest on, among others, the definitions of
tonms and the standards used for both the party-ist organizations and nominees. Likewise, the
seat allocation procedue indicated in RA 7941 Is ambiquous and has been interpreted and re-
interpreted by the Supreme Court through G.R. No, 1136781 (Veterans Federation Party vs.
Comelee 08 October 2000) and G.R. No. 179271 (Banat vs. Comelec, 21 April 2008),
respectively.

In view of these problems, the proposed measure seeks to strengthen the (1) definitions of the
term “marginalized” and “underrepresented”, (2) quaiification standards for national, regional or
sectoral party, organization or coalition, (3) quabfication standards for party ist nominees, (4)
seat aflocation procedure for the party4ist system, and (5) other provisions of RA 7941,

‘These amendments will address the problems in the party-ist system at heir roots as well as
canance the implementation of the system and the democratization of the ‘county's political
power, in this fight, your support and approval of this bill wil De instrumental, if not necessary,
in making these results happen.

JULIETA R.

De fee

MAORI. CLAMS 1D


HOUSE BILI. NO.

Introduced by Hon, Julieta R. Gortuna and Hon. Mariano U. Piamonte Jr.

Representatives, A TEACHER Party-List

AN ACT AMENDING THE REPUBLIC ACT NO. 7941, OTHERWISE KNOWN AS THE
“PARTY-LST SYSTEM ACT”

SECTION 4: Section 3 of RA 7941 is hereby amended to read as follows
“Section 3, Definition of Terms.

(a) XXX
(0) XXX
[opeed
(@) A sectoral party refers to an organized group of citizens belong to any of
AGARGINALZED AND UNOERREPRESENTED sectors PROVIDED 0
[Section 5] SECTION 1 (g) AND SECTION 3 hereof whose principal advocacy
pertains to the [special] interest and concems of their sector,
(©) A sectoral organization refers to a group of citizens of @ coalition of groups of
citizens who share similar physical attributes or characteristics, employment
interests AND/or concems.
(f) XXX
(g) THE “MARGINALIZED” AND “UNDERREPRESENTED” SECTORS ARE
THE DISADVANTAGED ANDIOR UNDERPRIVILEGED SEGMENTS OF
SOCIETY WHO EXPERIENCE SUCH CONDITIONS BECAUSE OF THEIR:

i. AGE

i, INDIGENOUS ROOTS

iii, PHYSICAL CONDITION

iv. SOCIAL AND ECONOMIC DISADVANTAGES

CANAITIANIS

y. OPPRESSED, EXLOITED OR DISCRIMINATED STATE OR


v. DIFFICULTIES IN THE PRACTICE AND/OR DEVELOPMENT OF
THEIR PROFESSION

SECTION 2: Section 4 of RA 7941 is hereby amended to read as follows:

“Section 4. Manifestation to Participate in the Party-ist System. Any party.
organization, of coalition already registered with the Commission need not register
grew. However, such party, organization, or coalition shall fle with the Commission, not
later than [ninety (90)] ONE HUNDRED SIXTY (160) days before the election, 2
manifestation of its desire to participate in the partyist system.”

SECTION 3: Section 5 of RA 7941 is hereby amended to read as follows:

“Section 5. Registration. Any (organized) QUALIFIED group of persons may register as
a patty, organization of coalition for purposes of the party-tist system by filing with the
COMELEC not later than [ninety (90)] ONE HUNDRED TWENTY (120) days before the
electon 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 of a coalition
of such parties or organizations, attaching thereto its constitution, by-laws, platform Of
program of government, list of officers, coalition agreement and oles relevant
vyomaton as the COMELEC may require: Provided, That the sectors shail Include,
labor, peasant, fisherfolk, urban poor, indigenous cultural communities, ekiery.
handicapped, women, youth, veterans, overseas workers, [and] professionals and ones
vee ainalzed and underrepresented sectors ADHERING TO THE DEFINITION STATED
IN SECTION 1 OF THIS ACT,

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

‘me COMELEC shall, after due noice and hearing, resolve the petition AND ANY
MOTION FOR RECONSIDERATION within fitteen (15) days from the date [ft was] they
aioe submitted for decision but [in no case] not later than [sixty (60)] NINETY (90) days
before election.”

SECTION 4: Section 6 of RA 7941 is hereby amended to read as follows:
ugeetion 6. Refusal and/or Cancellation of Registration. The GOMELEC may. motu
propio oF upon verified complaint of any interested party, refuse or cancel after due
ore and hearing, the registration of any national, regional or sectoral party.
‘organization or coalition on any of the following grounds:

(1) It is @ religious sect or denomination, organization or association, organized
for religious purposes;

(2) Itadvocates violence or unlawful means to seek its goat;

(3) Itis a foreign party or organization:

(4) tt is receiving support from any foreign government, foreign political party,
foundation, organization, whether directly or through any of its officers oF
members or indirectly through third parties for pariisan election purposes;

(6) It violates oF fails to comply with laws, rules or reguiations relating to
elections;

(a darlares ANY unin hf statements] in its petition OR SUBMISSIONS:


(7) It has NOT EXISTED OR HAS ceased to exist [for] at least one (1) year
PRIOR TO THE DATE OF THE PARTY-LIST ELECTIONS; for}

(8) It [fails to participate in the last two (2) preceding elections or] FAILS TO
OBTAIN [at least] THE MINIMUM THRESHOLD OF 250,000 VOTES OR
SECURE A CONGRESSIONAL SEAT [cast under the party-list system] in two
(2) preceding elections for the constituency in which it has registered.

(9) (T REPRESENTS AN ENTIRE DISTRICT, CITY, MUNICIPALITY,
METROPOLITAN AREA, PROVINCE, ADMINISTRATIVE REGION,
AUTONOMOUS REGION OR SUPER-REGION AND/OR ADVOCATES
PURELY GEOGRAPHIC REPRESENTATION WHERE [TS CONSTITUENCIES
ARE NOT FROM SPECIFIC MARGINALIZED AND UNDERREPRESENTED
SECTORS AND/OR ARE NOT SPREAD WITHIN A SPECIFIC TERRITORY”

(10) IT HAS NOT SUBMITTED TO COMELEC THE REPORTORIAL AND
OTHER REQUIREMENTS FOR PARTY-LISTS.

SECTION 5: Section 7 of RA 7941 is hereby amended to read as follOws:

“Section 7. Certified List of Registered Parties. Te COMELEC shall, not later than [sixty
(60)) NINETY (90) days before election, prepare 4 certified list of national, regional, or
sectoral parties, organizations or coalitions which have applied or whe have manifested
their desire to participate under the party-list system ‘and distribute copies thereof to all
precincis for posting in the polling places on election day. The names of the party-list
nominees shall not be shown on the certified list.”

SECTION 6: Section 8 of RA 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 COMELEC not iater than [forty-five (45)]
SEVENTY-FIVE (75) 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.

‘A person may be nominated in one (1) fist 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 fost his bid for an elective office in the
immediately) IN THE CURRENT OR IMMEDIATELY preceding election OTHER THAN
THE PARTY-LIST SYSTEM.

ANY PARTY-LIST MEMBER OR NOMINEE WHO BECOMES A MEMBER OR
NOMINEE OF ANOTHER PARTY SHALL SE CONSIDERED RESIGNED FROM
HIS/HER ORIGINAL OR PREVIOUS PARTY. ANY OFFICER OR EMPLOYEE IN THE
CIVIL SERVICE SHALL BE DEEMED RESIGNED UPON THE SUBMISSION OF
HIS/HER NAME AS A PARTY-LIST NOMINEE.

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 substituie 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.

SECTION 7: Section 9 of RA 7941 is hereby amended to read as follows:


“Section 9. Qualifications of Party-List Nominees. [No person shall be nominated as
party-list representative unless he is a naturalbom citizen of the Philippines, a
registered voter, a resident of the Philippines for a period of not less than one (‘)year
immediately preceding the day of the election, able to read and write, a 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.)

APARTY-LIST NOMINEE MUST BE:
(1) ANATURAL-BORN CITIZEN OF THE PHILIPPINES.
{2) A REGISTERED VOTER;

{3} A RESIDENT OF THE PHILIPPINES FOR A PERIOD OF NOT LESS THAN
ONE (1) YEAR IMMEDIATELY PRECEDING THE DAY OF THE ELECTION

(4) ABLE TO READ AND WRITE.

(5) A BONA FIDE MEMBER OF THE PARTY OR ORGANIZATION WHICH
HE/SHE SEEKS TO REPRESENT FOR AT LEAST [ninety (90) days] ONE (1)
YEAR PRECEDING THE DAY OF THE ELECTION

(6) AT LEAST TWENTY-FIVE (25) YEARS OF AGE ON THE DAY OF THE
ELECTION

PROVIDED FURTHER THAT NO NOMINEE SHALL BE:

(1) A CANDIDATE FOR ANY ELECTIVE POST IN THE CURRENT OR
IMMEDIATELY PRECEDING ELECTION OTHER THAN THE PARTY-LIST
SYSTEM

(2) AN APPOINTIVE OFFICIAL IN GOVERNMENT ONE (1) YEAR PRIOR TO
THE DATE OF THE PARTY-LIST ELECTIONS.

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] REACHES the age of thirty (30) dunng his term shall be
allowed to continue in office until the expiration of his term.”

SECTION 8: Section 11 of RA 7941 is hereby amended to read as follows:

“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.

[For purposes of the May 1998 elections, the first five (6) 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 ertitied to participate in the party-lst system}

[In determining the allocation of seats for the second vote, the following procedure shall
be observed:

(a) The parties, organizations, and coailtions shall be ranked from the highest to
the lowest based on the number of votes they gamered during the elections.

(0) The parties, organizations, and coalitions receiving at least two percent (2%)
of the total voles 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,


finally, That each} NO party, organization, or coalition shall be entitled to [not]
more than three (3) seats. *

SECTION 8: Section 12 of the RA 7941 is hereby amended to read as follows:

“Section 12. Procedure in Allocating Seats for Party-List Representatives. The Comelec
shall tally ail the votes for the parties, organizations, or coalitions on a nationwide basis,
rank them according to the number of votes received and allocate party-list
representatives proportionately according to the {percentage} NUMBER of votes
obtained by each party, organization, or coalition (as against the total nationwide votes
cast for the party-list system]. THE COMELEC SHALL ADOPT THE FOLLOWING
PROCEDURES IN ALLOCATING THE CONGRESSIONAL SEATS FOR THE PARTY-
LIST SYSTEM:

4. COMPUTE THE NUMBER OF SEATS AVAILABLE FOR THE PARTY-LISTS.

2. RANK ALL PARTY-LISTS FROM HIGHEST TO LOWEST ACCORDING TO THE
NUMBER OF VOTES THEY OBTAINED DURING THE ELECTIONS.

3. STARTING WITH THE HIGHEST RANKED PARTY, DISTRIBUTE THE
AVAILABLE SEATS USING THE SCALE BELOW:

a. 750,000 VOTES AND ABOVE- THREE {3} SEATS
b. 500,000 - 749,999 SEATS. TWO (2} SEATS.
¢, 250,000 — 499,999 SEATS - ONE (1) SEAT

4. IN THE EVENT THAT, AFTER DISTRIBUTING THE AVAILABLE SEATS TO
PARTY-LISTS WITH AT LEAST 250,000 VOTES, THERE ARE SEATS LEFT
UNALLOCATED, THE FOLLOWING PROCEDURES SHALL APPLY:

a. DETERMINE THE REMAINING SEATS BY SUBTRACTING THE NUMBER
OF ALLOCATED SEATS FROM THE TOTAL NUMBER OF AVAILABLE
SEATS.

b. STARTING WITH THE PARTY WITH THE MOST VOTES, ALLOCATE ONE
SEAT EACH TO PARTY-LISTS OBTAINING LESS THAN 250,000 VOTES
UNTIL ALL REMAINING SEATS ARE FILLED.

SECTION 10: GASES AND COMPLAINTS. ALL ELECTORAL CASES AND COMPLAINTS
‘ON THE DISQUALIFICATION OF PARTY-LIST GROUPS ANDIOR THEIR NOMINEES MUST
BE FILED NOT LATER THAN 45 DAYS PRIOR TO THE ELECTION. NO CASES OF SUCH
NATURE MAY BE FILED WITH THE COMELEC AFTER THE SAID PERIOD.

THE COMELEC SHALL, NOT LATER THAN 15 DAYS AFTER THE COMPLAINT WAS
SUBMITTED, OR 30 DAYS PRIOR TO THE ELECTIONS, RULE ON ALL CASES RELATED
TO THE DISQUALIFICATION OF THE PARTY LIST GROUPS AND/OR NOMINEES.

[ALL PROCLAMATIONS OF PARTY-LIST GROUPS AFTER THE ELECTIONS SHALL
CARRY WITH THEM THE AUTOMATIC PROCLAMATION OF THEIR NOMINEES.

SECTION 11: Effectivity. This act shalt take effect fifteen (15) days affer its publication in at
least (1) newspaper of general circulation.