Pi

First Regular Session t 2

RECISTRATION UNIT
BILLS AND INDEX SERVIC!

[hover oF eepRESENTATIVES |
Republic of the Philippines | RECEIVED |
HOUSE OF THE REPRESENTATIVES pang da 200g |
Quezon City ; Ox
; Tc: SEC DA
SEVENTEENTH CONGRESS | py: (aly |
|
|

HOUSE BILL No. 134

Introduced by HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr. and
HON. CHRISTOPHER S. CO

EXPLANATORY NOTE

From the case of Veterans Federation Party v. COMELEC in 2000 until the case
of Atong Paglaum v. COMELEC of 2013, Republic Act No. 7491 or The Party-List
System Act has been interpreted in many different ways by the Supreme Court,
resulting in the congress we have today, one that boasts of a robust party-list coalition,
with representatives coming from all walks of life, as elected by population at large.

RA 7491, however, has yet to reflect the changes brought about by the Supreme
Courts interpretations. The law itself also suffers from vagueness in terms, more often
than not digressing from its main purpose of giving a voice to the marginalized and
underrepresented in society. Procedural aspects of the law likewise require some polish
to further streamline registration for party lists and the process of disqualification, should
cases so arise.

Amendments, therefore, are necessary. Salient amendments provide that
dditional requirements shall not be asked of parties already registered with the
COMELEC, provided it has not ceased for one (1) year prior to the date of party-list
elections. Sectors registering as a party-list shall include, but not be limited to only those
mentioned in the Constitution. These are only two of many amendments introduced in
the case of Atong Paglaum.

In view of the purpose of making the provisions of RA 7941 more consistent with
the Constitutional mandate so often repeated in the long line of jurisprudence relating to
party-lists—that the political and electoral system must be democratized—the passage
of this bill is earnestly sought.

2 Ye

DEL M. BATOCABE ALFREDO‘. GARBIN, Jr. CHRISTOPHER S. CO



OOVOHRONS

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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 134

Introduced by HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr. and
HON. CHRISTOPHER S. CO

AN ACT
STRENGTHENING THE PARTY-LIST SYSTEM, 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. Section 3 of Republic Act No. 7941, is hereby amended to read as follows:
Section 3. Definition of Terms. -
XXX XXX XXX

(d) A sectoral party refers to (1) an organized group of citizens
belonging to any of the MARGINALIZED AND
UNDERREPRESENTED sectors [enumerated] AS PROVIDED in
Section 5 hereof whose principal advocacy pertains to the [special]
interest and concerns of [their] 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 [similar physical attributes
or characteristics, employment, interests AND [or] concerns.

XXX XXX XXX

(G) AVAILABLE SEATS REFER TO THE ACTUAL NUMBER OF
SEATS RESERVED FOR THE PARTY-LIST SYSTEM AS
PROVIDED FOR 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 RECEIVED SHALL BE EQUAL TO OR GREATER
THAN THE MINIMUM PERCENTAGE THRESHOLD AS
DEFINED IN PARAGRAPH (H) OF THIS SECTION.

‘SEC. 2. Section 4 of the same Act is hereby amended to read as follows:

Section 4. Manifestation to Participate in the Party-List System. —


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Any NATIONAL, REGIONAL OR SECTORAL party, organization,

1

2 or coalition already registered with the [Commission] COMELEC
3 UNDER THIS ACT, need not register anew{] AND SHALL
4 AUTOMATICALLY BE ELIGIBLE TO PARTICIPATE IN THE
5 PARTY-LIST ELECTIONS — WITHOUT FURTHER
6 REQUIREMENT PROVIDED THAT IT HAS NOT CEASED TO
7 EXIST FOR AT LEAST ONE (1) YEAR PRIOR TO THE DATE OF
8 THE PARTY-LIST ELECTIONS, OR WAS NOT DISSOLVED,
9 ABSORBED OR MERGED WITH ANOTHER PARTY,
10 ORGANIZATION OR COLATION.

11

12 [However, s]Such NATIONAL, REGIONAL OR SECTORAL party,
13 organization, or coalition shall FORMALLY MANIFEST ITS
14 INTENTION TO PARTICIPATE IN THE PARTY-LIST ELECTIONS
18 [file with the Commission, not later than ninety (90)] ONE
16 HUNDRED EIGHTY (180) days before the electionS.[, a
17 manifestation of its desire to participate in the party-list system.]

18
19 SEC. 3. Section 5 of the same Act is hereby amended to read as follows:
20

24 Section 5. Registration. —
22

23 (A) JOINT INITIAL REGISTRATION AS POLITICAL PARTY
24 AND PARTY-LIST. — Any QUALIFIED [organized] group of
25 persons may register as a NATIONAL, REGIONAL OR
26 SECTORAL POLITICAL party [, organization or coalition for
27 purposes of] AND AS A PARTICIPANT IN the party-list system
28 by filing with the COMELEC not later than [ninety (90)] ONE
29 HUNDRED EIGHTY (180) days before the election a petition
30 verified by its president or [secretary] CHAIRPERSON, OR IN
31 THEIR ABSENCE, THE SECRETARY-GENERAL, stating THE
32 FOLLOWING:

33

34 (1) ITS INTENTION TO BE REGISTERED AS A POLITICAL
35 PARTY UNDER SECTION 61 OF BATAS PAMBANSA BILANG
36 881 OTHERWISE KNOWN AS THE “OMNIBUS ELECTION
37 CODE:” PROVIDED, THAT ALL DOCUMENTARY AND OTHER
38 REQUIREMENTS UNDER SECTION 61 OF BP 881 SHOULD
39 BE ATTACHED TO THE VERIFIED PETITION FOR
40 REGISTRATION; AND

44

42 (2) its [desire] INTENTION to participate in the party-list system
43 as a national, regional, or sectoral party. [or organization or a
44 coalition of such parties or organizations, attaching thereto its
45 constitution, by-laws, platform or program of government, list of
46 officers, coalition agreement and other relevant information as the
47 COMELEC may require]

48

49 (B) INITIAL REGISTRATION OF EXISTING POLITICAL
50 PARTIES AS PARTY-LIST. — ANY POLITICAL PARTY
51 ALREADY REGISTERED WITH THE COMELEC UNDER SEC.
52 61 OF BP 881 MAY PARTICIPATE IN THE PARTY-LIST
53 ELECTIONS BY FILING WITH THE COMELEC NOT LATER
54 THAN ONE HUNDRED EIGHTY (180) DAYS BEFORE THE
55 ELECTION, A PETITION VERIFIED BY ITS PRESIDENT OR
56 CHAIRPERSON, OR, IN THEIR ABSENCE, ITS SECRETARY-
57 GENERAL, STATING ITS INTENT TO PARTICIPATE IN THE
58 PARTY-LIST SYSTEM,

59

60 THE PETITION REQUIRED IN SUB-PARAGRAPHS (A) AND (B)
61 OF THIS SECTION SHALL BE VERIFIED AND SHALL STATE
62 THE FOLLOWING:

63

64 (i) NAME AND ACRONYM OF THE PARTY, ORGANIZATION
65 OR COALITION, WITH THE ACRONYM NOT EXCEEDING

66 TWENTY (20) CHARACTERS;


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(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 THEIR 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) THE PERIOD OF EXISTENCE OF PETITIONER, WHICH
SHALL BE AT LEAST ONE (1) YEAR AT THE TIME THE
PETITION IS FILED;

(x) THE LIST OF DOCUMENTS ATTACHED TO THE PETITION;

(xi) THAT ALL OF ITS OFFICERS AND MEMBERS ARE MADE
AWARE OF THE PETITION AND HAVE GIVEN THEIR
CONSENT THERETO;

(xii) THAT IT IS NOT A_ RELIGIOUS SECT OR
DENOMINATION, ORGANIZATION OR ASSOCIATION
ORGANIZED FOR RELIGIOUS PURPOSES;

(xiii) THAT IT SHALL NOT ADVOCATE VIOLENCE OR
UNLAWFUL MEANS TO ACHIEVE ITS GOALS;

(xiv) THAT IT IS NOT ADJUNCT OR A PROJECT ORGANIZED
OR AN ENTITY FUNDED OR ASSISTED BY THE
GOVERNMENT;

(xv) THAT IT IS NOT A FOREIGN PARTY OR ORGANIZATION;

(xvi) 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;

(xvii) THAT IT COMMITS 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 THEIR
ABSENCE, THE SECRETARY-GENERAL REPRESENTING
THE PARTY SHALL SIGN THE VERIFICATION PORTION OF

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eVonren

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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 THE
PETITION 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 labor, peasant,
fisherfolk, urban poor, indigenous cultural communities, elderly,
COOPERATIVES, handicapped, women, youth, veterans,
overseas workers, and professional[s] 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 COMELEC MAY MOTU PROPRIO, REFUSE TO GIVE DUE
COURSE TO A VERIFIED PETITION FOR REGISTRATION OR,
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 (1) PUT THE PARTY-LIST
ELECTION PROCESS IN MOCKERY OR DISREPUTE, OR (2)
CAUSE CONFUSION AMONG THE VOTERS BY THE
SIMILARITY OF PETITIONER'S NAME TO ANY PREVIOUSLY
REGISTERED PARTY-LIST, OR BY OTHER CIRCUMSTANCES
OR ACTS THAT CLEARLY DEMONSTRATE THAT THE
PETITIONER HAS NO BONA FIDE INTENTION TO RUN IN THE
PARTY-LIST ELECTIONS AND THUS THAT GIVING DUE
COURSE TO THE VERIFIED PETITION OR APPROVING THE
REGISTRATION OF THE APPLICANT PARTY,
ORGANIZATION OR COALITION SHALL 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 COMELEC shall
IMMEDIATELY publish the VERIFIED petition in at least two (2)
national newspapers of general circulation SETTING THE SAME
FOR HEARING.

The COMELEC shall, after due notice and hearing, resolve the
petition, INCLUDING A MOTION FOR ITS RECONSIDERATION
within [fifteen (15)] THIRTY (30) days from the date [it was
submitted for decision but in no case] OF ITS SUBMISSION FOR
RESOLUTION BUT not later than [sixty (60)] ONE HUNDRED
TWENTY (120) days before election. THE RESOLUTION OF
THE PETITION 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.

SEC. 4. Section 6 of the same Act is hereby amended to read as follows.

Section 6. [Refusal] REMOVAL and/or Cancellation of
Registration. — The COMELEC may, motu proprio or upon A

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verified compliant of any interested party, [refuse] 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:

XXX XXX XXX

(6) It declares ANY untruthful statement[s] in its petition or
SUBMISSIONS;

(7) It {has] WAS DISSOLVED, ABSORBED, MERGED AND/OR
HAS ceased to exist [for at least one (1) year, or];

(8) [It fails to participate in the last two (2) preceding elections or
fails to obtain at least two percentum (2%) of the votes cast under
the party-list system in the two (2) preceding elections for the
constituency in which it has registered] 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 OF CAST FOR PARTY-LIST
REPRESENTATIVE VOTES, OR (iii) NOT ONLY FAILED 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 VOTES CAST FOR
PARTY-LIST REPRESENTATIVES IN THE IMMEDIATELY
SUBSEQUENT ELECTIONS, SHALL BE AUTOMATICALLY
DROPPED FROM THE LIST OF PARTY-LIST, PARTIES,
ORGANIZATIONS OR COALITIONS: PROVIDED, THAT THIS
SHALL BE A GROUND FOR THE AUTOMATIC
CANCELLATION OF ITS REGISTRATION: PROVIDED,
FURTHER, THAT NO COMPLAINT OR PETITION IS NEEDED
TO EFFECT SUCH A 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
NATIONAL ELECTIONS: PROVIDED, THAT NO CASE OF THE
SAME OR SIMILAR NATURE SHALL BE RECOGNIZED BY
THE COMELEC AFTER THE SAID PERIOD. ALL COMPLAINTS
FOR CANCELLATION OF REGISTRATION MUST BE DECIDED
BY THE COMELEC 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.”

SEC. 5. Section 7 of the same Act is hereby amended to read as follows:

Section 7. Certified List of Registered Parties. —The COMELEC

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shall, not later than [sixty (60)] SEVENTY-FIVE (75) 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
the polling places on election day.[The names of the party-list
nominees shall _not be shown on the certified list] THE
CERTIFIED LIST SHALL BE PUBLISHED IN A NEWSPAPER
OF GENERAL CIRCULATION AT LEAST ONCE A WEEK, FOR
10 TWO (2) CONSECUTIVE WEEKS.

1

12 SEC. 6. Section 8 of the same Act is hereby amended to read as follows:

13

eyo MAYEN

14 Section 8. Nomination of Party-List Representatives. — Each
18 registered NATIONAL, REGIONAL OR SECTORAL party,
16 organization or coalition shall submit to the COMELEC not later
7 than [forty-five (45)] NINETY (90) days before the election a list of
18 names, not less than five (5), from which party-list representatives
19 shall be chosen in case it obtains the required number of votes.
20 SUCH LIST SHALL BE VERIFIED BY THE PRESIDENT OR
24 CHAIRPERSON, OR IN THEIR ABSENCE, THE SECRETARY-
2 GENERAL, OF THE PARTY-LIST ORGANIZATION.

23

24 A person may be nominated in one (1) list only. Only persons who
25 have given their consent in writing may be named in the list. The
26 list shall not include any candidate for any elective office or a
27 person who has lost his bid for an elective office IN THE
28 CURRENT OR in the immediately preceding election[,
29 EXCLUDING BARANGAY ELECTIONS: PROVIDED, THAT
30 ANY INCUMBENT APPOINTED GOVERNMENT OFFICIAL AND
31 EMPLOYEE, INCLUDING ANY ACTIVE MEMBER OF THE
32 ARMED FORCES OF THE PHILIPPINES AND ANY EMPLOYEE
33 IN GOVERNMENT-OWNED OR ——_—-CONTROLLED
34 CORPORATIONS WHO IS NOMINATED TO THE PARTY-LIST
35 SHALL BE CONSIDERED /PSO FACTO RESIGNED FROM THE
36 SERVICE ON THE LAST DAY OF FILING OF CERTIFICATES
37 OF CANDIDACY FOR NATIONAL ELECTIVE POSITIONS.

38

39 NO PARTY-LIST NOMINEE FROM THE SAME PARTY,
40 ORGANIZATION OR COALITION SHALL BE RELATED UP TO
at THE FOURTH DEGREE OF CONSANGUINITY OR AFFINITY
42 TO OTHER PARTY-LIST NOMINEES.

43

44 ANY PARTY-LIST MEMBER OR NOMINEE WHO BECOMES A
45 MEMBER OR NOMINEE OF ANOTHER PARTY SHALL BE
46 CONSIDERED RESIGNED FROM THE ORIGINAL OR
47 PREVIOUS PARTY.

48

49 No change of names or alteration of the order of nominees shall
50 be allowed after the same shall have been submitted to the
51 COMELEC except in cases where the nominee dies, or withdraws
52 in writing his nomination, OR becomes incapacitated in which
53 case the name of the substitute nominee shall be placed in the
54 list. [Incumbent sectoral representatives in the House of
55 Representatives who are nominated in the party-list system shall
56 not be considered resigned.]

57

58 THE COMELEC SHALL, NOT LATER THAN SEVENTY-FIVE
59 (75) DAYS BEFORE ELECTION, PREPARE A CERTIFIED LIST
60 OF NOMINEES. THE CERTIFIED LIST SHALL BE PUBLISHED
61 IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST
62 ONCE A WEEK FOR TWO (2) CONSECUTIVE WEEKS.

63

64 IN CASE TWO (2) DIFFERENT LISTS OF NOMINEES ARE
65 SUBMITTED, THE COMELEC SHALL RECOGNIZE THE LIST

66 VERIFIED BY THE PRESIDENT OR CHAIRPERSON, OR IN


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THEIR ABSENCE, THE SECRETARY-GENERAL, OF THE
PARTY-LIST ORGANIZATION.

ISSUES IN REGARD TO 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 COMELEC
IN THE RESOLUTION OF THE ISSUE. THE COMELEC SHALL
ENSURE THAT PROCEEDINGS ARE EXPEDITIOUS AND
THAT A RESOLUTION SHALL BE MADE WITHIN FIVE (5)
WORKING DAYS.

SEC. 7. Section 9 of the same Act is hereby amended to read as follows:

Section 9. Qualification 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, 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]

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 OF AGE ON THE
DAY OF THE ELECTION.

[In case of a nominee of the youth sector, he] THE NOMINEE OF
THE YOUTH SECTOR must at least be twenty-five (25) but not
more than thirty FIVE [(30)] (35) years of age on the day of the
election. Any youth sectoral representative who [attains]
REACHES the age of thirty FIVE [(30)] (35) [during his term] shall
be allowed to continue in office until the expiration of [his] THE
term.

NO OTHER QUALIFICATION SHALL BE REQUIRED OF
NOMINEES EXCEPT IF CONGRESS PROVIDES FOR THE
SAME THROUGH THE ENACTMENT OF A SUBSEQUENT
LAW.

SEC. 8. A NEW SECTION AFTER SECTION 9 IS HEREBY ADDED:

SECTION 9-A. COMPLAINT FOR DISQUALIFICATION OF
PARTY-LIST NOMINEE.—THE COMELEC 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 NOMINEE DOES NOT
POSSESS ANY OF THE QUALIFICATIONS OF A PARTY-LIST

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Page 9 of 10

1 NOMINEE AS PROVIDED IN SECTION 9 OF THIS ACT:
2 PROVIDED, THAT A COMPLAINT FOR DISQUALIFICATION
3 OF A NOMINEE MAY ONLY BE FILED AGAINST A
4 PARTICULAR NOMINEE WITHIN TEN (10) DAYS AFTER THE
5 SUBMISSION OF THE LIST OF NOMINEES TO THE
6 COMELEC. THE PENDENCY OF A COMPLAINT AND/OR
7 MOTION FOR RECONSIDERATION DENYING A COMPLAINT
8 FOR DISQUALIFICATION OF A NOMINEE, SHALL NOT BE A
9 GROUND FOR THE DEFERMENT AND SUSPENSION OF THE
10 PROCLAMATION OF THE CONCERNED PARTY.

"1
12 SEC. 9. Section 10 of the same Act is hereby amended to read as follows:
13

14 Section 10. Manner of Voting. — Every voter shall be entitled to
16 two (2) votes] FOR THE HOUSE OF REPRESENTATIVES.
16 Tif}he first is a vote for candidate for member of the House of
7 Representatives in his legislative district, and the second, a vote
18 for the NATIONAL, REGIONAL OR SECTORAL. party,
19 organization, or coalition WHICH THE VOTER [he] wants TO BE
20 represented in the House of Representatives: Provided, That a
24 vote cast for a NATIONAL, REGIONAL OR SECTORAL party,
22 [sectoral] organization, or coalition not entitled to be voted [for]
23 shall not be counted[:Provided, finally, That the first election under
24 the party-list_ system shall be held in May 1998] AND
25 CONSIDERED IN THE COMPUTATION OF THE TOTAL
26 NUMBER OF VOTES CAST FOR THE PARTY-LIST.

27

28 SEC. 10. Section 11 of the same Act is hereby amended to read as follows:
29

30 Section 11. Number of Party-List Representatives. — The party-
31 list representatives shall constitute twenty per centum (20%) of
32 the total number of the members of the House of Representatives
33 including those under the party-list,

34

36 [For purposes of the May 1998 elections, the first five (5) major
36 political parties on the basis of party representation in the House
37 of Representatives at the start of the Tenth Congress of the
38 Philippines shall not be entitled to participate in the party-list
39 system,

40

41 In determining the allocation of seats for the second vote, the
42 following procedure shall be observed

43

44 (a) The parties, organizations, and coalitions shall be ranked from
45 the highest to the lowest based on the number of votes they
46 garnered during the elections.

47

48 (b) The parties, organizations, and coalitions receiving at least two
49 percent (2%) of the total votes cast for the party-list system shall
50 be entitled to one seat each: Provided, That those garnering more
51 than two percent (2%) of the votes shall be entitled to additional
52 seats in proportion to their total number of votes: Provided, finally,
53 That each party, organization, or coalition shall be entitled to not
54 more than three (3) seats.]

55

56 NO PARTY, ORGANIZATION, OR COALITION SHALL BE
87 ENTITLED TO MORE THAN THREE (3) SEATS.

58

59 SEC. 11. Section 15 of the same Act is hereby amended to read as follows:
60

61 Section 15. Change of Affiliation; Effect. — Any elected party-list
62 representative who changes [his political party or sectoral]
63 PARTY-LIST affiliation during his term of office shall forfeit his
64 seat. [Provided, That if he changes his political party or sectoral
65 affiliation within six (6) months before an election, he shall not be

66 eligible for nomination as party-list representative under his new


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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 VIOLATION 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 COMELEC 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.

SEC. 12. Section 17 of the same 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 [and],
emoluments, AND ALL RIGHTS, PRIVILEGES AND BENEFITS
as DISTRICT [regular] members of the House of Representatives

SEC. 13. A NEW SECTION AFTER SECTION 17 IS HEREBY ADDED:

SECTION 17-A. 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 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.”

‘SEC. 14. Section 18 of the same Act is hereby amended to read as follows:

Section 18. Rules and Regulations. — The COMELEC, 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.

SEC. 15. Separability Clause. — - If any provision of this Act is declared invalid, the other
provisions not affected thereby shall remain valid.

SEC. 16. 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.

SEC. 17. Effectivity.—This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation

Approved,