THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
First Regular Session 
S E N A T E  
S. B.No. 
121 
’04 JUL -1 
A953 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
The enactment of Republic Act No. 7941 (known as the Party-List System Act) is 
certainly a remarkslble leap forward toward a genuine process of democratization of our political 
system. The law practically rationalizes and breathes life to the constitutional provision which 
calls for the election of representatives of the marginalized and the under-represented sectors in 
Congress as provided for in Section 5, paragraph (2), Article VI of the 1987 Philippine 
Constitution. 
Since the enactment of the aforesaid Party-list Law, the two preceding party-list 
elections, namely, that of 1998 and the just so recently held (2001), reveal lessons which call on 
Congress’ immediate action. One of the issues concerns the procedure in allocating seats for 
party-list representatives. The 1998 electoral experience specifically showed a dilemma as to the 
interpretation of the principle and mechanism for proportional representation. There are two 
contradicting opinions as to the interpretation of the principle and mechanism for proportional 
representation. The Commission on Elections (COMELEC) used the following method to 
interpret the allocation of seats: 2% up to 3.99% - 1 seat; 4% up to 5 99% - 2 seats; and 6% md 
up - 3 seats. The other contradicting view, however, is espoused in the existing provision of 
Section 12 of R. A No. 7941. It provides that a qualifying 2% minimum vote is merely required 
for the ranking and entitlement of seats. There is no provision in the law which provides that 
each seat must correspond to 2% of the total votes cast for the party-list system, and M e r  
which provides that all the three (3) seats much each and separately have 2% of the votes. 
Another issue is the liberal interpretation whch allow mainstream political parties and 
organizations and those traditionally non-marginalized sectors to join and participate in the 
party-list elections. 
In this connection, this bill seeks to propose the following: 1) a mechanism that will 
bridge the gap in the existing law, and 2) to disallow mainstream political parties and non- 
marginalized sectors from participating in the party-list elections. This also further proposes a 
continuing voter’s education and procedural amendments. 
In view ofthe foregoing issues, immediate approval of this bill is earnestly sought. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
*a4 JUL -1 
A953 
OF THE PHILIPPINES 
First Regular Session 
S E N A T E  
S. B. No. 
1212 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
AMENDING REPUBLIC ACT NUMBERED SEVEN THOUSAND 
NINE HUNDRED FORTY-ONE, 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. Sections 3, para. (d), Sections 4, 5 6 ,  para. (7), (S), and (9), Sections 7, 8, 
10,11,12,14,15, and 17 of Republic Act No. 7941 are hereby amended as enumerated 
“SEC. 3. (d) A sectoral party refers to an organized group of citizens belonging to 
[any of the sectors enumerated in Section 5 hereof] MARGINALIZED AND UNDER- 
REPESENTED SECTORS whose principal advocacy pertains to the special interests 
and concerns of their sector.” 
“SEC. 4. 
Manifestation to Participate in the Party-List System OF DULY 
REGISTERED PARTIES, ORGANIZATION AND SECTORS. - Any party, 
organization, or coalition already registered with the Commission need not register anew. 
However, such party, organization or coalition shall file with the Commission, not later 
than ninety (90) days before the election; a manifestation of its desire to participate in the 
party-list system: PRUVIDED, THAT, THE FIRST FIVE (5) MAJOR POLITICAL 
PARTES ON THE BASIS OF PARTY REPRESENTATION IN THE HOUSE OF 
REPRESENTATIVES IN THE IMMEDIATELY PRECEDING ELECTIONS SHALL 
NOT BE ENTITLED TO PARTICIPATE IN THE PARTY-LIST ELECTIONS.” 
“SEC. 5. NEW 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 (90)] ONE “ D R E D  EIGHTY (180) 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, fisherfolk, urban poor, indigenous cultural communities, elderly, 
handicapped, women, youth, veterans, overseas workers, and professional]. PROVIDED, 
THAT, THE PARTIES, ORGANIZATION OR COALITION THEREOF REPRESENT 
THE MARGINALIZED AND UNDERREPRESENTED SECTORS OF SOCIETY. 
FAILURE TO SUBMIT THE AFORECITED F
O
m
 REQUIREMENTS 
MAY BE A GROUND FOR DISMISSAL MOTU PROP10 BY THE COMELEC OF 
ITS PETITION; OTHERWISE, THE COMMISSION [The COMELEC] shall 
IMMEDIATELY publish the VERIFIED petition in at least two (2) [national] 
newspapers of general circulation SETTING THE SAME FOR HEARING AT AN 
APPOWTED TIME AND DATE. 
The COMELEC shall, after due notice and hearing, resolve [the] SAID petition, 
INCLUDING A MOTION FOR ITS RECONSIDERATION within [fifteen (15)] 
THlRTY (30) days from the date [it was submitted for decision] OF ITS SUBMISSION 
FOR RESOLUTION but in no case not later than [sixty (60)] ONE ” D R E D  
TWENTY (120) days before election. 
I 
“SEC. 6. (7) [It has ceased to exist f r at least one (I) year] IT WAS 
DISSOLVED, ABSORBED, MERGED, AND/OR 
(8) IT IS A BUSINJ3SS ORGANIZATION; 
S CEASBD TO EXIST; 
[@)I (9) It fails to participate in the last 
o (2) IMMEDIATELY preceding 
elections; or HAVING [It] PARTICIPATED, fails t obtain at least two percentum (2%) 
of the PARTY-LIST votes THEREIN. [cast mde the party-list system in the two (2) 
preceding election for the constituency in which it h s registered.]” 
~ 
I 
“SEC. 7. Certified List of Registered Partie . - The COMELEC shall, not later 
than [sixty (60)] SEVENTY FIVE (75) days befor election, prepare a certified list of 
national, region, or sectoral parties, organization or oalitions which have applied or who 
have mamfested 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. The 
names of the party-list nominees shall not be shown on the certified list. 
SAID CERTIFIED LIST SHALL BE PUBLISHED, FREE OF CHARGE, IN A 
NEWSPAPER OF GENERAL CIRCULATION AT LEAST ONCE FOR TWO (2) 
CONSECUTIVE WEEKS. THEREAFTER, THE SAME SHALL BE DISTRIBUTED 
TO ALL POLLING PRECINCTS FOR POSTING IN EVERY POLLING PLACE ON 
ELECTION DAY.” 
“SEC. 8. Nomination of Party-List Representatives. - Each registered party, 
organization or coalition shall submit to the COMELEC not later than [forty-four (44)] 
NINETY (90) days before the election a list of names, not less than [five (5)J TEN (IO), 
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) list only. Only persons who have given 
their consent in writing may be named in the list EXCEPT FOR THE PARTY-LIST 
SYSTEM. [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 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 whch case the name of the 
substitute nominee shall be placed last in the list. Incumbent [sectoral] PARTY-LIST 
representatives [in the House of Representatives] who are nominated in the party-list 
system shall not be considered resigned. 
“XXX 
“SEC. 10. Manner of Voting. - [Every voter shall be entitled to two (2) votes. 
The first is a vote for [candidate for member of the House of Representatives in his] 
legislative district, and the second, a vote for the PARTY-LIST REPRESENTATIVE 
[party organization, or coalition he wants represented in the House of Representatives: 
Provided, that a vote cast for a party, sectoral organization, or coalition not entitled to be 
voted for shall not be counted: Provided, finally, that the first election under the party- 
list system shall be held in May 1998.1 
, 
[The COMELEC shall undertake the necessary information campaign for 
purposes of educating the electorate on the mater of the party-list system.]” 


“SEC. 11. Number of Party. - The party-list representatives shall constitute AT 
LEAST FIFTY (50) MEMBERS OR WHICH EVER IS HIGHER, twenty percenhm 
(20%) of the total number of the members of the House of Representatives including 
those under the party-list SYSTEM OF VOTING. 
[For purposes of the May 1998 elections, the first five (5) major political parties 
in 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. 
In determining the allocation of seats for the second vote, the following procedure 
shall be observed 
( 4  
The parties, organizations, and coalitions shall be ranked from the highest to 
the lowest based on.the number of votes the gmercd 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 set 
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 party, organization, or coalition shall be 
entitled to not more than three (3) seats.]” 
“SEC. 12. Procedure in Allocating Seats for Party-List Representatives. - The 
COMELEC shall tally all the votes for the pafies, organizations, or coalitions on a 
nationwide basis, rank them according to the number of votes received and allocate party- 
list [representatives] SEATS proportionately according to the percentage of votes 
obtamed by each party, organization, or coalition as against the total nationwide votes 
cast for the party-list system’ PROVIDED, THAT A VOTE CAST FOR A PARTY, 
ORGANIZATION, OR COALITION NOT ENTITLED TO BE VOTED FOR SHALL 
NOT BE COUNTED: PROVIDED FURTHER, THAT, IN DISTRIBUTING THE 
SEATS AMONG THE PARTY-LISTS, ONLY THOSE WHO OBTAINED AT LEAST 
TWO PERCENT (2%) OF THE VALID SECOND VOTES IN THE LEGISLATIVE 
DISTRICTS SHALL BE INCLUDED: PROVIDED FINALLY, THAT, EACH PARTY, 
SECTORAL ORGANIZATION OR COALITION SHALL BE ENTITLED TO NOT 
MORE THAN TEN (1 0) SEATS. 


THE SEATS RESERVED FOR THE PARTY-LIST NOMINEES SHALL BE 
DISTRIBUTED AMONG THE PARTY-LISTS ON T m  BASIS OF THE SECOND 
VOTES CAST BY THE VOTERS AS FOLLOWS, 
THE TOTAL NUMBER OF PARTY-LIST NOMINEES SHALL BE 
MULTIPLIED BY THE NUMBER OF SECOND VOTES OBTAINED BY EACH 
PARTY-LIST IN ALL LEGISLATIVE DISTRICTS AND THE PRODUCT DIVIDED 
BY THE SUM TOTAL OF SECOND VOTES OBTAINED BY ALL PARTY-LISTS 
TO BE TALLIED; FIRST, EACH PARTY SHALL RECEIVE ONE (1) SEAT FOR 
EACH WHOLE NUMBER ATTRIBUTED TO IT THE SEATS THEN REMAINING 
SHALL BE ALLOCATED IN THE DESCENDING SEQUENCE OF DEClMAL 
FRACTIONS RESULTING FROM THE CALCULATION. 
IN CSE OF EQUAL 
FRATIONS, THE ASSIGNMENT OF THE LAST SEAT SHALL BE DICIDED BY 
THE COMMISSION ON ELECTIONS BY DRAWING LOTS SHOULD THERE BE 
UNFILLED SEATS, THE SAME! SHALL BE ALLOCATED AMONG THE PARTIES 
HAVING THE NEXT HIGHEST NUMBER OF VOTES BASED ON PLURALITY 
UNTILL ALL THE SEATS RESERVED UNDER THE PARTY-LIST SYSTEM HAVE 
BEEN ALLOCATED ” 
“SEC. 14. Term ofoffice. -XXX 
EVERY VOTER SHALL BE ENTITLED TO TWO (2) VOTES FOR THE 
HOUSE OF REPRESENTATIVES. 
TNE FIRST IS A VOTE FOR THE 
LEGISLATIVE DISTRICT, AND THE SECOND, FOR THE PARTY-LIST 
REPRESENTATIVE W THE LATTER INSTANCE. A QUESTION WHICH ASKS 
THE VOTER TO CHOOSE THE PARTY, ORGANIZATION, OR COALITION FOR 
THE PARTY-LIST SYSTEM, FOLLOWED BY A BLANK SPACE, SHALL BE 
SPECIFICALLY CONTAWED AND PROVIDED FOR IN THE ELECTION 
BALLOT. 
THE PARTY-LIST REPRESENTATIVES SHALL CONSTITUTE AT LEAST 
50 MEMBERS OR WHICHEVER IS HIGHER, TWENTY (20%) PERCENTUM OF 
THE TOTAL NUMBER OF THE HOUSE OF REPRESENTATIVES INCLUDING 
THOSE UNDER THE PARTY-LIST SYSTEM OF VOTING.” 


“SEC. 15. Change of Affiliation Effect. - Any [elected] party-list representative 
who changes his [political party or sectoral] PARTY-LIST affiliation +thin six (6) 
months before an election, he shall not be eligible for nomination as party-list 
representative under his new party or organization.” 
‘‘XXX” 
“SEC. 17. Rights of Party-List Representatives. - Party-list representatives shall 
be entitled to the same salaries, emoluments, RIGHTS PRIVILEGES AND BENEFITS 
as DISTRICT [regular] members [of the House of Representatives].” 
SEC. 2. A new provision shall be inserted in Republic Act Numbered Seven Thousand 
Nine Hundred Forty-One now to read as Section 18, to read: 
“SEC 18. 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 
THXOUGH SEMINARS, SYMPOSIA, FOR A AND OTHER NON-TRADITIONAL 
MEANS TO EDUCATE THE PUBLIC AND FULLY INFORM THE ELECTORATE 
ABOUT THE PARTY-LIST SYSTEM.” 
SEC. 3. Section 18 of Republic Act Numbered Seven Thousand Nine Hundred Forty- 
One is hereby amended now to read as Section 19, to read: 
“SEC. [18] 19. Rules and Regulations. - The COMELEC, IN CONSULTATION WITH 
NON-GOVERNMENT ORGANIZATIONS, PEOPLE’S ORGANIZATIONS AND OTHER 
INTERESTED PARTES, shall promulgate the necessary rules and regulations as may be 
necessary to carry out the purpose of thw Act. SAID RULqS AND REGULATIONS INCLUDE 
ALL RESOLUTIONS THAT SHALL GOVERN OR AFFE~T 
PARTY- LIST ELECTIONS.” 
SEC. 4. 
Other Sections is hereby renumbered accordingly. 
SEC. 5. 
Separability Clause. - If any part of this Act is held invalid or 
unconstitutional, the other parts or provisions thereof shall remain valid and effective. 
SEC. 6. 
Repealing Clause. - All laws, decrees, executive orders, rules and 
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed. 


, 
SEC. 7. 
Effeivivity Clause. - This Act shall take effect1 fifteen (15) days after its 
publication in a newspaper of general circulation. 
Approved.