Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill Nol242

forsee

Introduced by
BAYAN MUNA Party-List Representatives CARLOS ISAGANI T. ZARATE,
FERDINAND R. GAITE and EUFEMIA C. CULLAMAT, ACT TEACHERS Party-List
Representative FRANCE L. CASTRO, GABRIELA Women’s Party Representative
ARLENE D. BROSAS and KABATAAN Party-List Representative 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 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 illusionary 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
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, 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 election 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 18 Congress, there is a growing 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 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 constitutional 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 Paglum vs. 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 Part-list System” practically opened wide the floodgates for the
tich 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 the purpose of the Constitution to reserve twenty (20) percent of the
House of Representatives foe the marginalized sectors be strictly complied with. The
party-list system must be reserved exclusively for the marginalized and
underrepresented sectors of the society by adopting certain specific measures to
implement the intent of both RA 7941 and the Constitution as defined in the
Supreme Court’s decision in Bayan Muna vs, COMELEC et al. (G.R. No. 147613, June
26, 2001), and AngBagongBayani-OFW Labor Partry vs, COMELEC et al. (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 representative 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.


he eso.
ane AbSeaet \TE REP. FERDINAND R. GAITE

BAYAN MUNA Partylist BAYAN MUNA Partylist

REP. epee CULLAMAT

BAYAN MUNA Partylist

é D. BROSAS
ABRIKLA Women’s Party



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

0242
House Bill No.

Introduced by
BAYAN MUNA Party-List Representatives CARLOS ISAGANI T. ZARATE,
FERDINAND R. GAITE and EUFEMIA C. CULLAMAT, ACT TEACHERS Party-List
Representative FRANCE L. CASTRO, GABRIELA Women’s Party Representative
ARLENE D. BROSAS and KABATAAN Party-List Representative 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 S)
is hereby amended to read as follows:

m Act,”

Section 5. Registration. Any organized group of persons may register as a patty,
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 pf general
circulation.

ELIGIBILITY REQUIREMENTS. NO GROUP, ORGAIZATION OR POLITICAL
PARTY SHALL BE ELIGIBLE FOR REGISTRATION AS A PARTY-LIST GROUP
S IT HAS PROVEN IN AN EVIDENTIARY PUBLIC HEARING THAT
BE CONDUCTED BY THE COMELEC THAT IT TRULY REPRESENTS
MARGINALIZED AND UNDERREPRESENTED SECTOR/S AND ITS



NOMINEES 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 8 of Republic Act No. 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 of 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 the nominees shall be allowed after the
same shall have been submitted to the COMELEC except where the nominee dies,
[DELETED: or withdraws in writing his nomination] or becomes incapacitated, in
which case the name of the substitute nominees 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:
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, 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 FILING OF THE CERTIFICATE OF NOMINATION AND ACCEPTANCE
(CONA), and is at least twenty-five (25) years of age on the day of the election.

In case of a nomince 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 (30) during his term shall be allowed to
continue in office until the expiration of his term.

9.1 ALL NOMINEES, INCLUDING THOSE OF THE YOUTH SECTOR,
SHALL NOT BE QUAIFIED 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
3*° DEGREE, TO INCUMBENT GOVERNMENT OFFICIALS
REEFERRED TO IN PARAGRAPH (a) ABOVE;

(c) WHO WAS APPOINTED AND SERVED IN ANY GOVERNMENT
OFFICE FROM THE POSITION OF BUREAU CHIEF UP TO ANY

POSITION IN THE CABINET WITHIN FIVE (5) YEARS FROM THE
PARTY-LIST ELECTION HE OR SHE IS BEING NOMINATED FOR;

(@ 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

(ce) 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
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 COMELEC AND THE HOUSE OF
REPRESENTATIVES TO IMPLEMENT SUCH RECALL U LESS 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
issuance 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.