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Republic of the Philippines © gyre, OCT
HOUSE OF REPRESENTATIVES

Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No. 8524

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Introduced by Reps. CARLOS ISAGANI T. ZARATE, ANTONIO L. TINIO,
EMMI A. DE JESUS, FRANCE L. CASTRO, ARLENE D. BROSAS,
ARIEL B. CASILAO, and SARAH JANE I. ELAGO

AN ACT
TO ENSURE THAT THE PARTY-LIST SYSTEM IS RESERVED
FOR THE MARGINALIZED AND UNDERREPRESENTED
AMENDING REPUBLIC ACT NO. 7941, OTHERWISE KNOWN
AS THE “PARTY-LIST SYSTEM ACT” FOR THAT PURPOSE

EXPLANATORY NOTE

‘There is an urgent need to restore the Party-list system to its original purpose,
which is to give the marginalized sectors representation and voice in Congress. In fact,
due to the bastardization of the party-list system now, there is an even more urgent need
now to strengthen and further improve it so as not to make useless and illusory the
representation of marginalized and underrepresented sectors of our country.

Since the Party-list system was first instituted in 1998, the issue of whether the
party-list system is for the marginalized and underrepresented remained the main issue
until the Supreme Court decision in Bayan Muna vs. COMELEC (in that consolidated
case the Court dismissed the petition in “BagongBayani vs. COMELEC’). In that case,
the Supreme Court declared that only those who belong to the marginalized and
underrepresented shall be allowed in the party-list election.

But despite the said ruling, the Commission on Elections reversed in effect the
Supreme Court when it allowed nominees to run for the party-list elections as long as
s/he is a member of a supposed marginalized and underrepresented group at least
“ninety days” before the party-list elections

While the number of party-list representatives is already 20% of the total number
of members of the House of Representatives in the 17! Congress, there is a growing

1


concern on the dominating entry of party-lists and nominees that are not TRULY
representatives of the marginalized and underrepresented but are coming from powerful
economic, dynastic and political interests. The impact of the entry of those who do not
belong to the marginalized and underrepresented is disastrous because like a raging
tsunami it practically obliterated the constitutional intent of reserving 20% of the seats in
Congress for the party-list system by allowing those who form part of the 80% to also
invade the constitutionally secured seats of the already underrepresented. It also closed
off the venue for the expression of the voice and interest of the poor and the already
underrepresented. Changes have to be made to make sure that the COMELEC can no
longer interfere with what the Constitution and Congress mandates.

‘The decision of the Supreme Court in the Paglaum v. COMELEC completely
overturned the novel idea of the Party-list system reserving a portion of Congress for the
marginalized and underrepresented. The decision stating that “party-list groups need not
be marginalized to participate in the Party-list System” practically opened wide the
floodgates for the rich and the powerful elites to freely participate in the Party-list
elections thereby further limiting, or even obliterating, the only space for the poor and
underrepresented sectors to become active participants in legislation and in crafting laws
that will benefit their sectors.

‘The main purpose of this Bill is to address this violation of the constitutional and
statutory intent for the party-list system by the amendment of the Party-List System Act.
It proposes to provide eligibility requirements and set up mechanisms to democratize the
party-list system in order to secure, what the Congress and the Constitution sought to
protect.

‘This bill proposes that:

1. The intent and purpose of the Constitution to reserve twenty (20) percent of
the House of Representatives for the marginalized sectors be strictly complied
with. The party-list system must be reserved exclusively for the marginalized
and under-represented sectors of society by adopting certain specific measures
to implement the intent of both RA 7941 and the Constitution as defined in
the Supreme Court’s decisions in Bayan Muna 1s. COMELEC et al. (GR.
No.147613, June 26, 2001), and AngBagongBayani-OFW Labor Party ws.
COMELEC ¢t al. (G.R. No.147589, June 26, 2001) and recently reiterated in
the 2010 case of Bayan Muna vs. Comelec (G.R. No. 179295) also known as
Banat vs. Comelec. Additional criteria for nominees should be also enforced
for a stricter compliance with the intent of the Constitution regarding Party-
List representation.

2. The appropriate decision-making body of a party-list group be given the power
to recall its representatives for violation of any provision of the party-list’s
governing charter.


3. The nomination of party-list representatives be done by the highest policy-
making body of the party-list group. This will enable its membership to
democratically choose their nominees.

We must fulfill our historic duty of amending the party-list law to make sure that
the very law’s original intent survives.

Immediate passage of this bill is therefore is earnestly sought.

Approved,
ae Ta i =
Bayan Muna Partylist
Rep. ANTONIO L. TINIO Rep. EMMI A. JESUS
ACT Teachers Partylist Gabriela Women’s Party

Rep. FRANGE L. GASTRO.
ACT Tedchers Phftylist

Rep. ARIEL B. CASILAO
Anakpawis Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No. 3524

Introduced by Reps. CARLOS ISAGANI T. ZARATE, ANTONIO L. TINIO,
EMMI A. DE JESUS, FRANCE L. CASTRO, ARLENE D. BROSAS,
ARIEL B. CASILAO, and SARAH JANE I. ELAGO

AN ACT
TO ENSURE THAT THE PARTY-LIST SYSTEM IS RESERVED
FOR THE MARGINALIZED AND UNDERREPRESENTED
AMENDING REPUBLIC ACT NO. 7941, OTHERWISE KNOWN
AS THE “PARTY-LIST SYSTEM ACT” FOR THAT PURPOSE

Be it enacted by the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:

Section 1. Title. This Act shall be known as the “Genuine Party-List Group and Nominee
Act”.

Section 2. 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. 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 ONE HUNDRED TWENTY (120) 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 professionals.

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



ELIGIBILITY REQUIREMENTS. NO GROUP, ORGANIZATION OR
POLITICAL PARTY SHALL BE ELIGIBLE FOR REGISTRATION
AS A PARTY-LIST GROUP UNLESS IT HAS PROVEN IN AN
EVIDENTIARY PUBLIC HEARING THAT SHALL BE
CONDUCTED BY THE COMELEC THAT IT TRULY REPRESENT
MARGINALIZED AND UNDERREPRESENTED SECTOR/S AND
ITS NOMINEES TRULY BELONG TO THE SECTOR/S HE OR SHE
SEEKS TO REPRESENT; PROVIDED THAT COMELEC SHALL
NOTIFY ALL DULY REGISTERED AND ACCREDITED PARTY-
LIST GROUP, ORGANIZATION OR POLITICAL PARTY OF THE
HEARING AT LEAST TEN DAYS PRIOR TO THE SAID HEARING

The COMELEC shall, after due notice and hearing, resolve the petition
within fifteen (15) days from the date it was submitted for decision but in
no case not later than ninety (90) days before election.

Section 3. Section 7 of RA 7941 is hereby amended to read as follows:

Section 7. Certified List of Registered Parties. The COMELEC shall, not
later than [sixty] NINETY [(60)] (90) 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.

Section 4. Section 8 of Republic Act No. 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 Commission on Elections
(COMELEC) not later than SIXTY (60) days before the election a list of
names, not less than SIX (6), from which party-list representatives shall be
chosen in case it obtains the required number of votes. THE LIST OF
NOMINEES TO BE SUBMITTED TO THE COMELEC MUST BE
APPROVED BY THE APPROPRIATE DECISION-MAKING BODY OF THE
PARTY-LIST GROUP.

‘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 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 or becomes


incapacitated, in which case the name of the substitute 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.

NO PERSON OCCUPYING AN APPOINTIVE OR ELECTIVE POST
SHALL BE INCLUDED IN THE LIST UNLESS HE/SHE ENCLOSES
THEREIN HIS/HER LETTER OF RESIGNATION TO THAT OFFICE AND
THE DUE ACCEPTANCE OR APPROVAL THEREOF.

Section 5. Section 9 of Republic Act No. 7941 is hereby amended to read as follows:

Sec. 9. Qualifications 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,
bona fide member of the party or organization which he seeks to represent for
at least ninety (90) days immediately preceding the day of nomination and
acceptance, and is at least twenty-five (25) years 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 attains the age of thirty during his term shall be
allowed to continue until the expiration of his term.

9.1 ALL NOMINEES, INCLUDING THOSE OF THE YOUTH
SECTOR, SHALL NOT BE QUALIFIED TO BECOME A PARTY-
LIST NOMINEE IF HE OR SHE IS A PERSON:

(a) WHO WAS ELECTED AND SERVED OFFICE AT ANY TIME
AS VICE MAYOR, MAYOR, VICE GOVERNOR, GOVERNOR,
DISTRICT REPRESENTATIVE, SENATOR, VICE PRESIDENT
AND PRESIDENT;

(b) WHO IS RELATED BY AFFINITY OR CONSANGUINITY TO
THE 38° DEGREE, TO INCUMBENT GOVERNMENT OFFICIALS
REFERRED TO IN PARAGRAPH (a) ABOVE;

(c) WHO WAS APPOINTED AND SERVED OFFICE IN THE
GOVERNMENT FROM THE POSITION OF BUREAU CHIEF UP
TO ANY POSITION IN THE CABINET WITHIN FIVE YEARS
FROM THE PARTY- LIST ELECTION HE OR SHE IS BEING
NOMINATED FOR;


(d) WHO SERVED AS THE PROVINCIAL DIRECTOR OF THE
PNP OR BATALLION COMMANDER OF THE AFP OR ANY
HIGHER POSITION WITHIN FIVE YEARS FROM THE PARTY-
LIST ELECTION HE OR SHE IS BEING NOMINATED FOR; AND

(e) WHOSE INCOME IS MORE THAN THE BASE PAY OF A
PARTY-LIST MEMBER OF THE HOUSE OF REPRESENTATIVES
IN THE CONGRESS DURING THE PARTY-LIST ELECTION HE
OR SHE IS BEING NOMINATED FOR.

NOMINEES SHALL SUBMIT TO THE PARTY-LIST
ORGANIZATION THEY WISH TO REPRESENT AND THE
COMELEC UPON THE FILING OF THEIR ACCEPTANCE OF
NOMINATION, THEIR LATEST INCOME TAX RETURN AND
STATEMENT OF ASSETS AND LIABILITIES (SALN) WHICH
SHALL BE OPEN TO THE SCRUTINY OF THE PUBLIC AND ANY
INTERESTED PARTY.

Section 6. Section 15 of Republic Act No. 7941 is hereby amended to read as
follows:

Section 15. Change of Affiliation; Effect. Any elected party-list
representative who changes his political party or sectoral affiliation
during his term of office shall forfeit his seat: Provided, That if he
changes his political party or sectoral affiliation within six (6) months
before an election, he shall not be eligible for nomination as party-list
representative under his new 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 VIOLATIONS
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 COMMISSION ON ELECTIONS 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.


Section 7. SEPARABILITY CLAUSE. If any section or provision of this Act shall be
declared unconstitutional or invalid, the other sections or provisions not affected
thereby shall remain in full force and effect.

Section 8. REPEALING CLAUSE. All laws, decrees, orders, rules and regulations
and other issuances inconsistent with the provisions of this Act are deemed modified,
revoked or repealed accordingly.

Section 9. EFFECTIVITY. This Act shall take effect fifteen (15) days after its
publication in two (2) leading newspapers of general circulation.

Approved,