ECE

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R epublic of the Philippines ests

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

2991

House Bill No.

Introduced by Representatives
Ibarra M, Gutierrez III (AKBAYAN), Walden F. Bello (AKBAYAN), Anthony M.
Bravo (COOP NATCCO), and Juan Johnny R. Revilla (OFW)

EXPLANATORY NOTE,

After six party-list elections—the most recent of which is during the 13 May 2013
clections—and various Supreme Court pronouncements on the party-list system, it
became not only clear but crucial that there is a need to amend Republic Act No. 7941 or
the “Parp-List

ent with the Constitutional mandate, intent and purpose which is to democraticize

stem Add.” There is an urgent need to make its provisions mote

con:

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, show that amendments ate, 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,
particularly in Veterans Federation Panby ef al. 0s. Comes, et ak (06 October 2000), Ang
Bagong BayaniOFW Labor Party, ef a. vs. Comelee f al, (26 June 2001), Bantay Republic Act ws.
Camelee (04 May 2007), BANAT 1s, Comelee (21 Apsil 2009), and mote recently, Atong
Paglanm, In. 08. Comelee (02 Apsil 2013), there are still debates on what is the correct

formula for the allocation of party-list seats,

ary ON

P2013)



Neither the Veferans nor the BANAT formula has gained popular acceptance among
experts, election practitioners and members of the academic community. Some say that
the formula violates the principle of proportionality that lies at the core of the party-list

system.

The decision of the Court in Atong Paglaxm has promoted the Constitutional intent of
proportional representation and removed the focus from the requirement of

marginalization for participating national and regional political parties or organizations,
This bill proposes to remedy the situation by, the following:
1) Raising the ceiling of thtee (3) seats to six (6),
2) Effectively lowering the 2% threshold by introducing a mathematically
determined floating threshold, and
3) Crafting @ more proportional formula for the allocation of additonal

seats,

Tn view of the foregoing, the passage of this bill is earnestly sought

eog/

faral M. Gy te Walden F. Bello

AnthonAf. Bravo Juan Johnny R. Revilla


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session.

2991

House Bill No.

Introduced by Representatives
Ibarra M. Gutierrez Il (AKBAYAN), Walden F. Bello (AKBAYAN), Anthony M.
Bravo (COOP NATCCO), and Juan Johnny R, Revilla (OFW)

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 ofthe Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the “Parf-lit Amendients Act of 2013.”
SECTION 2. Amendatory Provisions —
(4) Section 3 of Republic Act No. 7941, otherwise known as the “Parpy-List System
Aa?” is hereby amended by revising paragraphs (d) and (@), and by adding definitions, as
follows:

“Section 3. Definition of Terms. —

XxX

(@) A “sectoral party? refers to (1) an organized group of
citizens belonging to any of the marginalized ani

underrepresented sectors as_provided for in Section 5
hereof whose principal advocacy pertains to the speciat


Cer aune

(b)

interests and concerns of its sector ot (2) to an organized
group of citizens lacking a well-defined _ political
constituency.

(© A “sectoral organization” refers to a group of citizens or a
coalition of groups of citizens who share physiest

attsibutes-of charneteriaties employment; interests and/or
concerns

XXX

(g) “Available seats” refer to the actual number of seat

sia . Senta

(b) “Winning minimum perrentage theshold refers to the value

eats) *100 i “wi

Section 4 of Republic Act No. 7941 otherwise known as the “Parly-List Sputemr

Act” is hereby amended to read as follows

“Section 4, Manifestation o Participate in the Parfy-List System —
Any national, regional or sectoral party, organization, or
coalition already registered with the Commission need not

register anew. However, such national regional or sectoral


party, organization, or coalition shall file with the
‘Commission, not later than sinety96} one hundred cighty
(180) days before the clection, a manifestation of its desire
to participate in the party-list system. A national, regional
or sectoral party, already registered with the Commission,

that has obtained seats in the House of tatives in

the immediately preceding party-list elections, shall

era He ken

WW with any further requirements.

2

13 (© Section 5 of Republic Act No. 7941 otherwise known as the “Parfy-List System
14 Ac?” is hereby amended to read as follows:

15

16 “Section 5. Registration—Any organized group of persons
7 may register as a national, regional or sectoral party,
18 ‘organization or coalition for purposes of the party-list
19 system by filing with the Commission not later than
20 ninety—98) one hundred with (180) days before the
2t election a petition verified by its president or secretary
22 stating its desire to participate in the party-list system as a
23 national, regional, or sectoral party or organization or
24 coalition of such parties or organizations, attaching
25 thercto to its constitution, by-laws, platform or program
26 of government, list of officers, coalition agreement and
2 other relevant information as the Commission may
28 require: Provided, ‘That for the purpose of registering as a
29 sectoral party, the sectors shall include, but are not limited
30 to, labor, peasant, fisherfolk, urban poor, indigenous
a1 cultural communities, elderly, cooperatives, handicapped,
32 women, youth, veterans, overseas workers, and
33 professional sectors. National and regional parties shall
ey not be required to register a sectoral constituency for the


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@

re m list system: Provided,
further, That national and regional parties participating in
the party-list elections are not allowed to field candidates

ive district elections.

Failure to submit any of the aforementioned formal
requirements may be a ground for dismissal mois propria
by the Commission of its_petition; 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 the said petition, including a motion for its
reconsideration within fifteen-(45) thitty 30) days from
the date itwas-submitted-for-decision of its submission
for resolution but in-ne-ease not later than sisty-{60) one
hundred twenty (120) days before election.”

Section 6 of Republic Act No. 7941 otherwise known as the “Parly-List System

Act” is hereby amended (0 read as follows:

“Section 6, Refusal and/or Canellation of Registration —The
Commission may mol proprio or upon a verified
compliant of any interested party, remove or cancel, after
due notice and heating, the registration of any national,
regional or sectoral party, organization or coalition on any

of the following grounds:

(7) It has-censed-to-esistfor-atleast-one-(i}-yeary-or isa
y nization funded or assisted by the

Government for purposes of party-li ss


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©

(8) Iwas dissolved, absorbed, merged, and/or has ceased
to exist;

(9) It fails to participate in the last two (2) immediately
preceding clections; or having participated therein fails to
obtain at least the winning minimum percentage of the
partyslist votes east under the party list eystemie ewe 3}
preveding-clections fis the-eonsumeney de which iehas
repmtered-theress,

Section 7 of Republic Act No. 7941 otherwise known as the “Parfy-List System

Act” is hereby amended to read as follows:

©

“Section 7. Certified List of Registered Parties—The
Commission shall, not later than sixty-{60} seventy five
(25) days before election, prepare a certified list of
national, regional, or sectoral parties, organizations or
coalitions which have applied or whe-have manifested
their desite 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
once a week for two (2) consecutive weeks. Fhe-names-of
setmmi 4

Section 5 of Republic Act No. 7941 otherwise known as the “Party-Litt System

Ad” 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
forty-five 45) ninety (90) days before the election a list of


Soma dsHeen

@

names, not less than five-~5} eight (8), 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. The list shall not include any candidate
for any elective office of person who has lost his bid for
an elective office other than the party-list in the
immediately preceding election: Provided ‘That any

serpin ere sutdesethere crea Bt ar face abnath only he
deemed-onleave forthe durstion-of the eampaign- period:
No change of names or alteration of the order of
nominees shall be allowed after the same have has been
submitted to the Commission except in cases where the
nominee dies, or withdraws in writing his nomination, ar
becomes incapacitated, in which cases the name of the
substitute shall be placed in the list. Jneumbent-seeterat

representative in the Howse of Repreventativesho-are

. spas

Section 10 of Republic Act No. 7941 otherwise known as the “Parfy-List System

Ait” 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.


1 ‘The first is a vote for a candidate for member of the
2 House of Representatives in his legislative district, and the
3 second, a vote for the national, regional or sectoral party,
4 organization, or coalition he the voter wants to be
5 represented in the House of Representatives: Provided,
6 That a vote cast for a national, regional or sectoral party,
7 organization or coalition not entitled to be voted for shall
8 not be counted and considered in the computation of the
9 total number of votes cast for the party-list-—Provided
10 y“Phaeth dlee-the-partyti

at shall oe-heldbin May 1998,

12

13 dye Cone eo nelerstke ote
4 information—eampaign—for—purposes—of—edueating—the
15 Secloniteonthenntiennbthe pririgtaeseiene”

16

17 (B) Section 11 of Republic Act No. 7941 otherwise known as the “Parly-List System
18 Act? is hereby amended to read as follows:

19

20 «Section 11. Number of Party-List Representatives —The party-
a list representatives shall constitute twenty per centum
2 (20%) of the total number of the members of the House
23 of Representatives including those under the party-list.

24

25 For-purposes-of the May1998-eleetions; the first five (5)
26 ‘major politienl parties onthe basi of patty-representation
27 in-the-He Reps the -startotthe Benth:
28 fore he~Philippines—shall-—net ed
29 parlieipate-in-the party tisesystens:

30

31 ind ing-theall forthe second-vole;
32 the following-shall-be-observed:

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34 “the parties, -eoalitions—shallt


1 ed se-highawexteciher 556d oietk
2 renter atectethescamenetchren ieee elect

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4 Be Phe pettiesonincnmctieinbernhenmeseresiee,
5 Jeane percentttemettieintvetes te for the
6 patty tit system shall he-entitled toon by
7 Provided foros Phat-eaeh-partys organization or evdlition
8 shaltbe entitledto-nocmore than three-)-seats.”

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10 @ Section 12 of Republic Act No. 7941 otherwise known as the “Party-List System
11 Ad?” is hereby amended to read as follows:

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13 “Section 12. Procedure in Allocating Seats for the Parby-List
14 Representative: —Phe-Conmmission-shalttaliy-alt-the-votes
15 he— patties, organizations, —or—coali a
16 spt onnue- mide oseranaeatl Sacmient

7 dan all patey-list—tepres

18 proportionstel di the—pe er

19 Ybtained—by_each—pasty, : i

20 etek de-votes-enst-forthe party
a system: In__allocatin, for _th yi
2 representatives, the Commission shall adopt the following
3 procedures:

24

25 (1) The total number of available seats open for the
26 list elections, equivalent to “ ft
27 (20%) of the total membership of the House of
28 epresentati

29 total number of members coming from the legislative
30 districts with twenty-five percent (25%), The integer part
31 of the result shall be the total number of available seats
32 for the party-list system,

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34 (2) The parties, organizations and coalitions that


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articipated in the party-list election shall be ranked from

the highest to the lowest based on the nut

they obtained during the elections,

@) The_percentage of votes of each _party-list
organization relative to the total number of votes cast for
the party-list election shall be determined by dividing the
votes gamered by the patty-list organization with the sum
otal_of voles cast_for_all_party-list_ organizations

xd by one ed percer 00%), cor Ite
te cit laces,
@ Th ing minin hi
ala: _ num! Wi
® 3 ss : ¢
winnit inimus i a
follows:

(b) The integer part of the result in paragraph (a) shall
determine the number of seats awarded to each winning
minimum percenter,

© f seat allocations, an

remaining unallocated seat shall be allocated according to



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the following procedures:

@ National, regional or sectoral parties thar did not
a ent of votes equal to or or th:
‘minimum percentage threshold shall_be ranked from
highest_to lowest based on the actual votes they have

gamered.

0 = 7
is ix (6 »

@ Section 15 of Republic Act No. 7941 otherwise known as the “Parg-List System

Act” is hereby amended to read as follows:

“Seation 15. Change of Affiliation; Eft —Any elected party-
list representative who changes his pelities!pasty—or
sectors! party-list affiliation during his term of office shall
forfeit his seat and shall be ineligible for nomination as
party-list__representative under _his_new party or

;nization in. n.”

(6) Section 17 of Republic Act No. 7941 otherwise known as the “Parly-List System

Act’ is hereby amended to read as follows:


1 “Section 17. Rights of Party-List Representatives —Partylist
2 representatives shall be entitled to the same. salaries,
3 emoluments, rights, privileges and benefits as regular
4 district members of the House of Representatives.”

5

6 @) Anew section is hereby inserted as Section 18, as follows:

7

8 “Section 18. Voters’ education—The Commission, together
9 is of itizens’ arms, shall
10 is temati ign through
Mt ews o irculati

12 forms, as well as through seminars, symposia, forums and
13 other non-traditional means to educated the public and
4 fully inform the electorate about the party-list system
15 including how to case the vote therefor.”

16

17 (m) Section 18 of Republic Act No. 7941 otherwise known as the “Panty.List System
18 Ac?’ is hereby renumbered as Section 19 and amended to read as follows:
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20 “Section $8 19, Rurles and Regulations. —The Commission, in
ai F Te 4

2 other interested parties, shall promulgate the necessary
23 rules and regulations as may be necessary to carry out the
24 purposes of this Act. Said rules and regulations may be in
25 she form of resolutions and promulgated to govern or
26 affect the party-list elections.”

2

28 SECTION 3. Separability Clause—If for any reason, any provision of this Act is
29 declared invalid or unconstitutional, the remaining provisions not affected thereby shall
30 continue to be in force and effect.

31

32 SECTION 4. Repealing Clause—All laws, decrees, executive orders, proclamations,
33. rules and regulations, and other issuances, or part or parts thereof, particularly of
34 Republic Act No. 7941, or the “Party List System Ac?” and of Republic Act No. 9006, or

u


ae ke De

the “Fair Elections Ac,” which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 5. 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,

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