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Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
The Constitution introduced the party-list system to constitute twenty percent (20%) 
of the total number of representatives in the House of Representatives in Congress to 
represent marginalized sectors, as well as to enhance the political party system in our 
country. 
maximized. 
problematic. This has resulted to various Supreme Court cases. 
To solve this problem and provide adequate guideline in the party-list system, 
particularly a more effective seat allocation formula, this bill proposes to amend Republic 
Act No. 7941, otherwise known as the Party-List System Act. 
However, party-list representation as provided in the Constitution is not being fully 
Moreover, the seat allocation in the party-list system has been largely 
Senator 
J 


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Introduced by Senator Richard J. Gordon 
AN ACT AMENDING REPUBLIC ACT NO. 7941, 
OTHERWISE KNOWN AS THE PARTY-LIST SYSTEM ACT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 3 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended to read as follows: 
"Section 3. Definition of Terms. - , . . 
... 
(G) AVAILABLE SEATS REFERS TO THE ACTUAL NUMBER OF 
SEATS RESERVED FOR THE PARTY-LIST SYSTEM AS PROVIDED IN 
sEci-ioN 12. 
(H) WINNING MINIMUM PERCENTAGE THRESHOLD REFERS TO 
THE VALUE OF ONE DIVIDED BY AVAILABLE SEATS AND MULTIPLIED 
BY ONE HUNDRED PERCENT (1 I AVAILABLE SEATS X 100%). THIS 
PERCENTAGE VALUE SHALL BE EXPRESSED UP TO EIGHT (8) 
DECIMAL PLACES OF ACCURACY. 
(I) WINNING MINIMUM PERCENTERS REFERS TO THOSE PARTY- 
LIST PARTIES, ORGANIZATIONS, AND COALITION THAT REACHED THE 
WINNING MINIMUM PERCENTAGE THRESHOLD." 
Sec. 2. Section 5 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended to read as follows: 
"Sec. 5. Regisfration. - Any organized group of persons may register 
as a patty, organization or coalition for purposes of the patty-list system by 
filing with the COMELEC not later than [ninety (go)] ONE HUNDRED EIGHTY 
(180) days before the election a petition verified by its president or secretary 


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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, BUT NOT 
BE LIMITED TO, labor, peasant, fisherfolk, urban poor, indigenous cultural 
communities, elderly, handicapped, women, youth, veterans, overseas 
workers, and professionals; PROVIDED FURTHER, THAT THE PARTIES, 
ORGANIZATIONS OR COALITIONS THEREOF POSSESS ALL THE 
QUALIFICATIONS AND NONE OF THE DISQUALIFICATIONS UNDER 
SECTION 6; AND PROVlDfD FURTHERMORE, THAT THE POLITICAL 
PARTY IS ABLE TO SHOW PROOF THAT ITS CONSTITUENCY IS 
SPREAD OVER THE GEOGRAPHICAL TERRITORY OF AT LEAST A 
MAJORITY OF THE PROVINCES OR CITIES COMPRISING A REGION OR 
THE NATION, AS MAY BE APPROPRIATE IN EACH CASE. FAILURE TO 
SUBMIT ANY OF THE AFORECITED FORMAL REQUIREMENTS MAY BE 
A GROUND FOR DISMISSAL MOTU PROPRIO BY THE COMELEC OF ITS 
PETITION. 
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] SAID 
petition, INCLUDING A MOTION FOR RECONSIDERATION IF ANY, within 
fifteen (15) days from the date [it was submitted for decision but in no case] 
OF ITS SUBMISSION FOR RESOLUTION. 
THE COMELEC SHALL 
RESOLVE ALL REGISTRATION MATTERS not later than [sixty (60)] ONE 
HUNDRED TWENTY (120) days before election.” 
Sec. 3. Section 6 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended to read as follows: 
“Sec. 6. Refusal andlor Cancellation of Registration. - . . . 


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(7) [It has ceased to exist for at least one (1) year; or] IT IS A 
SECTORAL PARTY OR ORGANIZATION FUNDED OR ASSISTED BY THE 
GOVERNMENT FOR PURPOSES OF THE PARTY-LIST ELECTIONS; 
(8) IT IS A MILITARY, POLICE-RELATED ORGANIZATION, 
SECURITY AGENCY, OR A PRIVATE ARMED GROUP; 
CEASED TO EXIST; 
(9) IT WAS DISSOLVED, ABSORBED, MERGED, AND/OR HAS 
(IO) THE POLITICAL PARTY FAILS TO SHOW PROOF THAT ITS 
CONSTITUENCY IS SPREAD OVER THE GEOGRAPHICAL TERRITORY 
OF AT LEAST A MAJORITY OF THE PROVINCES OR CITIES 
COMPRISING A REGION OR THE NATION, AS MAY BE APPROPRIATE IN 
EACH CASE; OR 
(12) [(8)] It fails to participate in the last two (2) IMMEDIATELY 
preceding elections, or HAVING PARTICIPATED IN AN ELECTION fails to 
obtain at least [two per centum (2%)] THE WINNING MINIMUM 
PERCENTAGE THRESHOLD of the PARTY-LIST votes THEREIN [cast 
under the party-list system in the two (2) preceding elections for the 
constituency in which it has registered].” 
Sec. 4. Section 7 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended to read as follows: 
“Sec. 7. Certified List of Registered Parties. - The COMELEC 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. SAID CERTIFIED LIST SHALL BE 
PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST 
ONCE A WEEK FOR TWO (2) CONSECUTIVE WEEKS, 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.” 
Sec. 5. Section 8 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended to read as follows: 
“Sec. 8. Nomination of Party-List Representatives. - Each registered 
party, organization or coalition shall submit to the COMELEC not later than 


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torty-tive 145)] NINETY 110) days before the election a list 01 names 1 not less 
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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 or a person who has lost his bid 
for an elective office OTHER THAN THE PARTY-LIST in the immediately 
preceding election: PROVIDED, THAT ANY INCUMBENT APPOINTIVE 
GOVERNMENT OFFICIAL AND EMPLOYEE INCLUDING ANY ACTIVE 
MEMBER OF THE ARMED FORCES AND ANY EMPLOYEE IN 
GOVERNMENT OWNED OR CONTROLLED CORPORATION SHALL BE 
CONSIDERED lPS0 FACTO RESIGNED FROM THE SERVICE UPON THE 
SUBMISSION OF HIS NAME AS PARTY-LIST NOMINEE WITH THE 
COMELEC. 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, becomes incapacitated in which case the name of the substitute 
nominee shall be placed in the list. [Incumbent sectoral representatives in the 
House of Representatives who are nominated in the party-list system shall 
not be considered resigned.]” 
Sec. 6. Section 11 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended to read as follows: 
“Sec. 1 1. Number of Party-List Representatives. - The party-list 
representatives shall constitute twenty per centum (20%) of the total number 
of the members of the House of Representatives including those under the 
party-list. 
For purposes of the May 1998 elections, the first five (5) major political 
parties on the basis of party representation in the House of Representatives 
at the start of the Tenth Congress of the Philippines shall not be entitled to 
participate in the party-list system. 
[In determining the allocation of seats for the second vote, the 
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following procedure shall be observed: 


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(a) The parties, organizations, and coalitions shall be ranked from the 
highest to the lowest based on the number of votes they garnered during the 
elections. 
(b) The parties, organizations, and coalitions receiving at least two 
percent (2%) of the total votes cast for the party-list system shall be entitled to 
one seat each: Provided, That those garnering more than two percent (2%) of 
the votes shall be entitled to additional seats in proportion to their total 
number of votes: Provided, finally, That each party, organization, or coalition 
shall be entitled to not more than three (3) seats.]” 
Sec. 7. Section 12 of Republic Act No. 7941, otherwise known as the Party-List 
m Act, is hereby amended to read as follows: 
“Sec. 12. Procedure in Allocating Seats for P arty-List Representatives. 
- [The COMELEC shall tally all the votes for the parties, organizations, or 
coalition on a nationwide basis, rank them according to the number of votes 
received and allocate party-list representatives proportionately according to 
the percentage of votes obtained by each party, organization, or coalition as 
against the total nationwide votes cast for the party-list system.] 
IN 
ALLOCATING SEATS FOR THE PARTY-LIST REPRESENTATIVES, THE 
COMELEC SHALL ADOPT THE FOLLOWING PROCEDURE: 
(A) THE TOTAL NUMBER OF AVAILABLE SEATS OPEN FOR THE 
PARTY-LIST ELECTIONS, EQUIVALENT TO TWENTY PERCENT (20%) OF 
THE TOTAL MEMBERSHIP OF THE HOUSE OF REPRESENTATIVES, 
SHALL BE DETERMINED BY MULTIPLYING TWENTY-FIVE PERCENT 
(25%) WITH THE TOTAL NUMBER OF MEMBERS COMING FROM THE 
LEGISLATIVE DISTRICTS. THE INTEGER PART OF THE RESULT SHALL 
BE THE TOTAL NUMBER OF AVAILABLE SEATS FOR THE PARTY-LIST 
SYSTEM. 
(B) THE PARTIES, ORGANIZATIONS AND COALITIONS THAT 
PARTICIPATED IN THE PARTY-LIST ELECTION SHALL BE RANKED 
FROM THE HIGHEST TO THE LOWEST BASED ON THE NUMBER OF 
VOTES THEY WON DURING THE ELECTIONS. 
(C) THE PERCENTAGE OF VOTES OF EACH PARTY-LIST 
ORGANIZATION RELATIVE TO THE TOTAL NUMBER OF VOTES CAST 


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FOR THE PARTY-LIST ELECTION SHALL BE DETERMINED BY DIVIDING 
THE VOTES GARNERED BY THE PARTY-LIST ORGANIZATION WITH 
THE 
SUM TOTAL OF 
VOTES 
CAST 
FOR ALL 
PARTY-LIST 
ORGANIZATIONS MULTIPLIED BY ONE HUNDRED PERCENT (100%). 
(D) THE WINING MINIMUM PERCENTAGE THRESHOLD SHALL BE 
DETERMINED BY GETTING THE VALUE OF THE FOLLOWING FORMULA: 
ONE DIVIDED BY AVAILABLE SEATS AND MULTIPLIED BY ONE 
HUNDRED PERCENT (1 I AVAILABLE SEATS X 100%). THE WINNING 
MINIMUM PERCENTERS SHALL THEN BE LISTED SEPARATELY. 
(E) THE NUMBER OF SEATS THAT SHALL BE AWARDED TO THE 
WINNING MINIMUM PERCENTERS SHALL BE COMPUTED AS FOLLOWS: 
(1) THE VOTES WON BY EACH WINNING MINIMUM 
PERCENTER SHALL BE MULTIPLIED BY THE TOTAL AVAILABLE 
SEATS FOR THE PARTY-LIST SYSTEM AND DIVIDED BY THE 
TOTAL VOTES OF THE WINNING MINIMUM PERCENTERS. 
(2) THE INTEGER PART OF THE RESULT SHALL 
DETERMINE THE FIRST ROUND OF SEAT ALLOCATION. EACH 
WINNING MINIMUM PERCENTER SHALL BE AWARDED THE 
NUMBER OF SEATS THAT IS EQUAL TO THE INTEGER PART OF 
THE RESULT THAT IS OBTAINED. 
(3) THE DECIMAL PART OR FRACTION OF THE RESULT 
SHALL 
DETERMINE 
THE 
SECOND 
ROUND 
OF 
SEAT 
ALLOCATION. THE DECIMAL PART SHALL BE EXPRESSED UP 
TO EIGHT DECIMAL PLACES. 
IN THIS ROUND, THE FOLLOWING PROCEDURE SHALL BE 
ADOPTED: 
(I) THE WINNING MINIMUM PERCENTERS SHALL BE 
RANKED FROM HIGHEST TO LOWEST BASED ON THE 
DECIMAL 
PART 
THAT 
EACH 
WINNING 
MINIMUM 
PERCENTER OBTAINED. 
(11) THE REMAINING AVAILABLE SEATS SHALL BE 
DETERMINED BY SUBTRACTING THE TOTAL NUMBER OF 
SEATS AWARDED IN THE FIRST ROUND OF SEAT 


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ALLOCATION FROM THE TOTAL AVAILABLE SEATS FOR 
THE PARTY-LIST SYSTEM. 
(Ill) THE REMAINING NUMBER OF SEATS SHALL BE 
ALLOCATED TO THE WINNING MINIMUM PERCENTERS 
BASED ON THE RANKING OF EACH WINNING MlNIMUM 
PERCENTER IN (3) (I). ONE SEAT SHALL BE AWARDED TO 
EACH OF 
THE 
WINNING 
MINIMUM PERCENTERS 
STARTING FROM THE HIGHEST AND GOING DOWN TO 
THE LOWER RANKS UNTIL ALL THE REMAINING SEATS 
ARE COMPLETELY ALLOCATED. 
(F) IN CASE OF A TIE IN THE DECIMAL PART OR FRACTION, THE 
AWARDING OF THE LAST SEAT SHALL BE BASED ON THE 
COMPARISON OF ACTUAL VOTES. 
THE WINNING MINIMUM 
PERCENTER WITH THE HIGHEST NUMBER OF VOTES SHALL BE 
AWARDED THE LAST SEAT. 
(G) NO PARTY, ORGANIZATION, OR COALITION SHALL BE 
ENTITLED TO MORE THAN SIX (6) SEATS.” 
Sec. 8. Section 15 of Republic Act No. 7941, otherwise known as the Party-List 
System Act, is hereby amended to read as follows: 
“Sec. 15. Change of Affiliation; Effect. - Any [elected] party-list 
representative who changes his [political party or sectoral] PARTY-LIST 
affiliation during his term of office shall forfeit his seat AND SHALL BE 
UNDER HIS NEW PARTY OR ORGANIZATION IN THE NEXT ELECTION: 
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.” 
Sec. 9. Section 17 of Republic Act No. 7941, otherwise known as the Party-List 
“Sec. 17. Rights of Parfy-List Representatives. - Party-list 
representatives shall be entitled to the same salaries and emoluments, 
RIGHTS, PRIVILEGES AND BENEFITS as DISTRICT [regular] members of 
the House of Representatives.” 
INELIGIBLE FOR NOMINATION AS PARTY-LIST REPRESENTATIVE 
System Act, is hereby amended to read as follows: 


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Sec. IO. Section 17-A is hereby inserted in Republic Act No. 7941, otherwise known 
as the Party-List System Act, to read as follows: 
“SEC. 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, FORA 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. 11. Repealing Clause. - All laws, decrees, orders, rules and regulations or 
other issuances or parts thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
Sec. 12. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain 
in force and effect. 
Sec. 13. Effectivity. - This Act shall take effect after fifteen (15) days following the 
completion of its publication either in the Official Gazette or in a newspaper of general 
circulation in the Philippines. 
Approved,