HULSE OF

Republic of the Philippirjes RECEIW

HOUSE OF REPRESENTATIVES 2 AUG 2016
Quezon City pare:_9

TINE:

SEVENTEENTH CONGRESS

Introduced by AKBAYAN Representative Tomasito S. Villarin

EXPLANATORY NOTE

After seven party-list elections - the most recent of which is during the 9
May 2016 elections - and various Supreme Court doctrines on the party-list
system, it became not only clear but crucial to amend certain provisions of
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 democratize 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, shows
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 formula discussed in the case of Veterans Federation Party, et.al. vs.
COMELEC, et.al. (6 October 2000) or that discussed 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 the principles of
proportionality that lie at the core of the party-list system.

While the decision of the Supreme Court in Atong Paglaum, Inc. vs.
COMELEC (2 April 2013) has promoted the Constitutional intent of
proportional interpretation and 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.

This bill was filed as House Bill No. 4549 during the 16 Congress and was
sponsored not only by Akbayan’s representatives but also other
representatives from other party-list organizations.


In view of the foregoing, the passage of this bill is earnest]



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 2283

Introduced by AKBAYAN Representative Tomasito S. Villarin

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 2016.”

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

“Section 3. Definition of Terms. —
xxx

(4) A ‘sectoral party’ refers to (1) an organized group of citizens
belonging to any of the marginalized and underrepresented sectors
as provided in Section 5 hereof whose principal advocacy pertains to
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 0 this Act.

(h) ‘Winning minimum percentage threshold’ refers to the value of
(1/available seat)*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 eighty (180)
days before the election a petition verified by its president or
chairperson, or in his absence, the secretary-general, 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
BP 881 may participate in the party-list elections by filling with
the Commission not later than one hundred eighty (180) days
before the election a petition verified bits 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 tweny (20) characters;

ii) Nature of the organization, whether it is a national, regional
or sectoral party, organization or coalition;

{iii) For sectoral parties, the sector or sectors which it 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) Petiotioner’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;

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

(xiii) That it is not an 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 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

3


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 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 summary hearing, deny
said verified petition for registration if its 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_ 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 reconsideration 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) and (b) of this Section: Provide, 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 complaint 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 winining minimum percentage of the party-list votes, or (iii)
not only failed to to participate 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 from the list of the _ party-list
organizations: Provided, That this is a ground for the automatic
cancellation of its registration: Provided, further, That no
complaint or petition is need to effect such cancellation:
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

5


elections: Provided, That no case of the same or similar nature
shall be recognized 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 any 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
Phlippines 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 day of
filing of certificate of candidacy for national elective positions.

No_party-list_ nominee from the same party, organization or
coalition shall be related up to the fourth degree of consanguinity
or affinity to to other party-list nominess.

6


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 incapacitate, in which case 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 thereto 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 election;
{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;

{f) At least twenty-five (25) years old 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 by 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
and sectoral party, organization, or coalition which the 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. Section 11 of Republic Act No. 7941, otherwise known as the
“Party-List System Act” 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 members of the House of Reprentatives including those
under the party-list.

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

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

8


“Section 12. Procedure in Allocating Seats for the Party-List
Representatives. - In_ allocating seats for the _party-list
representatives, the Commission shall adopt the following
procedui

{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 party-list system.

ASPL = (SLD x 0.25)

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 one 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 = (1/ASPL) 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 follows:

(1) The votes garnered by each winning minimum percenter shall
be multiplied by the total available seats for the party-list system
and divided by the total votes cast for all the winning minimum

percenters.
S=(AVPL x ASPL)/TVWM
Where:

number of seats to be awarded
TVWM: total votes cast for all winning minimum percenters

(2) The integer part of the result in paragraph (1) of this Section
shall determine the number of seats awarded to each winning
minimum percenter. No party, organization, or coalition shall be
entitled to more than three (3) seats.

(3) following this first round of seat allocations, any remaining
unallocated seats shall be allocated according to the following

procedures:

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

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

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

“Section 15. Change of Affiliation; Effect. - Any elected_party-list
representative who changes his party-list affiliation during his term of
office shall forfeit his seat.”

SECTION 14. Section 17 of Republic Act No. 7941, otherwise known as the
“Party-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 district members of the
House of Representatives.”

10


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 of 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 COMELEC
Resolution No. 9366 (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 Under the Party-List System 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,

1.