Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

sane
HOUSE BILE No. 382

Introduced by CHRISTOPHER S. CO and RODEL M. BATOCABE

EXPLANATORY NOTE

The passage of this bill seeks to amend the Party-List System Act by providing for clear
procedures, rules, and timeline for disqualification, and removal or cancellation of registration. It
shall contribute to the furtherance of full, free and open party system and the continued promotion
of marginalized and underrepresented sectors, organizations and parties.

‘The objective of the Partylist System Act is to promote proportional representation in the
election of representatives to the House of Representatives through a party-list system of registered
national, regional and sectoral parties or organizations or coalitions. Through the Act, the State
attains to develop and guarantee a full, free and open party system in order to attain the broadest
possible representation of party, sectoral or group interests in the House of Representatives by
enhancing their chances to compete for and win seats in the legislature.

Petitions for cancellation of registration of partylist groups and/or disqualification of
nominees have been filed before the COMELEC against winning partylist groups which has caused
deferment of their proclamation. Having this gap in the law does not enhance marginalized groups’
chances of being represented in the legislature. Instead, it has invited harassment suits taken
advantage of by anyone or defeated party-list groups against the winning groups whose victory was
hard-earned through sincerity, effective campaign strategy, and better program of government.

There is a need to correct the statute so as to maximize its objectives and ensure that the
voice and choice of the people are respected.

The bill
time, its progre:
passage of this bil

as filed in the 15the Congress and was subsituted by another bill, but for lack of
was halted at the committee level. In light of aj/Miese. circumstances, the swift
earnestly sought.



Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BAR No._3882

Introduced by CHRISTOPHER S. CO and RODEL M. BATOCABE

AN ACT AMENDING SECTIONS 6 OF REPUBLIC ACT NO. 7941, OTHERWISE KNOWN AS THE
PARTYLIST SYSTEM ACT

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

SECTION 1. Section 6 of the Republic Act No. 7941 is hereby amended to read as follows:

“Sec 6. Removal and/or Cancellation of Registration. The COMELEC may motu proprio or
upon 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:

Itis a religious sect or denomination, organization or association organized for religious
purposes;

Itadvocates violence or unlawful means to seek its goal;

Itis a foreign party or organization;

Itis 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 for partisan election purposes;

Itviolates or fails to comply with laws, rules or regulations relating to elections;

It declares untruthful statements in its petition;

Ithas ceased to exist for at least one (1) year; or

Itfails 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.

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 6 MONTHS BEFORE THE NEXT NATIONAL ELECTIONS. ALL COMPLAINTS FOR
CANCELLATION OF REGISTRATION MUST BE DECIDED BY THE COMELEC NOT LATER THAN 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 THE DEFERMENT OF THE PROCLAMATION OF THE CONCERNED PARTY.


SECTION 2. Section 10 is hereby added to Republic Act No. 7941 which reads as follows:

“Sec 10. Disqualication of Party List Nominees. THE COMELEC MAY MOTU PROPIO 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 HE OR SHE DOES NOT POSSESS ANY OF QUALIFICATIONS OF A PARTY

LIST NOMINEE AS ENUMERATED UNDER

SEC. 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 COMELEC. THE PENDENCY OF A COMPLAINT AND/OR MOTION FOR
RECONSIDERATION OF A RESOLUTION 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 3. Effectivity. This Act shall take effect
least one (1) newspaper of general circulation.

Approved.

fifteen (15) days after its complete publication in at