FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES.
House Bill No4.2'7 3.

Introduced by Representative Rufus B. Rodriguez, Representative Maximo B.
Rodriguez, and Representative Raymond Democrito Mendoza

EXPLANATORY NOTE

The “Party-List System Act” was introduced pursuant to Section 5(1), Article VI
of the 1987 Philippine Constitution, which provides that a portion of the House of
Representatives shall be composed of representatives of registered national,
regional, and sectoral parties or organizations elected through a party list system.
The aim was to provide sectors and groups in the country, which normally would not
be able to achieve representation of their interests and positions through the majority
votes in the election of Representatives in the Congressional Districts, with the
opportunity to be represented, through national proportional representation, in the
House of Representatives. Section 5(2), Article VI of the 1987 Constitution also
provides that “party-list representatives shall constitute twenty per centum of the total
number of representatives including those under the party-list.”

Section 5 (2), Article VI of the 1987 Philippine Constitution provides that “[flor
three consecutive terms after the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled, as provided by law, by selection
or election from the labor, peasant, urban poor, indigenous communities, women,
youth and such other sectors as may be provided by law, except the religious sector.”
Such has led to the provision in the Party-List System Act that only parties, coalitions
of parties and organizations representing marginalized groups and sectors of the
population shall be eligible for filing candidates in party-lists under this law.

The May 2010 elections unequivocally demonstrated that neither the
COMELEC nor the Supreme Court were able to provide a viable definition and a
rational formula to determine “marginalized groups and sectors.” This is best
exemplified by the registration of more than 180 different groups claiming to
represent marginalized groups for participation in the party-list elections. To meet the
demands of launching. a nation-wide campaign, which necessitates financial
resources not readily available to marginalized groups, some party-lists resorted to
aligning themselves with wealthy personalities or power blocs.

Furthermore, since the standards for party-list representation remain unclear
and vague, judicial legislation as set in. this has created uncertainty as the Supreme
Court may change doctrines anytime.

These developments not only destroyed the credibility of this alleged system
of representation of marginalized groups. It also burdened Filipino voters with


choosing candidates and party-lists under a long list of names armed only with
minimal information about them. This in effect makes a rational and educated vote
almost impossible

Furthermore, the provision in the law restricting the number of elected
representatives from one party-list to a maximum of three (3), regardless of how
many votes said party-list gathered in the party-list elections, is clearly against the
democratic principle of equality of votes. By putting a cap on the number of nominees
a party-list can nominate in the House of Representatives, numerous little one-issue
party-lists emerged. This in effect damaged the capacity of Congress to produce
rational majority decisions in legislation and in the oversight of the administration.

There is, therefore, an urgent need to reform the Party-List System Act.

The proposed amendments in this bill — in full accordance to the relevant
Constitutional provisions — intends to delete the provision restricting the participation
in the party-list elections to “marginalized” parties, coalitions of parties or sectors, Any
political party or coalition of parties, registered in accordance with the respective legal
requirements of the COMELEC, shall have the right to participate to the party-list
elections, Also, double candidacies of persons as a district candidate for a party and
on a party-list shall not be allowed.

Furthermore the distribution of seats reserved for the party-lists in the total
number of seats in the House of Representatives for each successful party-list shall
follow the percentage of votes from the total number of national votes under the
party-list elections gathered by the respective party-lists

As can be observed in the electoral systems of many other democratic
countries, such a general proportional element in the elections will lead to major
political parties registering candidate-lists for party-list elections to include
representatives of different sectors like farmers, labor, small business, women, youth
and others in the top places of their lists in order to achieve votes from the voters of
these sectors. This would enable them to compete successfully with the other major
political parties. This is in sharp contrast with the present phenomenon of isolated
representatives of such sectors articulating their issues in a splintered House of
Representatives. These representatives would have better opportunities to lobby for
the awareness and the practical implementation of their respective advocacies in the
programs and political priorities of major political parties.

In view of the above, it is imperative that this bill be approved before the mid-
term elections in 2013.

; Ml,
RUFUS B. IGUEZ MAXIMO’B. RODRIGUEZ, JR.

RAYMOND DEMOCRITO MENDOZA


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No4 27 8

Introduced by Representative Rufus Rodriguez, Representative Maximo B.
Rodriguez, and Representative Raymond Democrito Mendoza

AN ACT
AMENDING REPUBLIC ACT SEVENTY NINE FORTY-ONE (R.A. 7941),
OTHERWISE KNOWN AS THE PARTY LIST SYSTEM ACT

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

SECTION 1. Section 2 of Republic Act Seventy Nine Forty One (R.A. 7641) is hereby
amended to read as follows:

Sec. 2. Declaration of Policy. - The State shall 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.

SEC. 2. Section 3 of the same law is hereby amended to read as follows:

Sec. 3. Definition of Terms. - (a) The party-list system is a
mechanism of proportional representation in the election of
representatives to the House of Representatives from national,
regional and sectoral parties registered with the Commission on
Elections (COMELEC). Component parties or organizations of
a coalition may participate independently provided the coalition
of which they form part does not participate in the party-list
system.

A party means either a political party or a sectoral party or a
coalition of parties.

A political party refers to an organized group of citizens
advocating an ideology or platform, principles and policies for
the general conduct of government and which, as the most
immediate means of securing their adoption, nominates and
supports certain of its leaders and members as candidates for
public office.

It is a national party when its constituency is spread over the
geographical territory of at least a majority of the regions. It is a
regional party when its constituency is spread over the


geographical territory of at least a majority of the cities and
provinces comprising the region

A sectoral party refers to an organized group of citizens
belonging to any sector whose principal advocacy pertains to
the special interests and concerns of their sector.

A coalition refers to an aggrupation of duly registered national,
regional, sectoral parties for political and/or election purposes.

SEC. 3, Section 4 of the same law on Manifestation to Participate in the Party-List
System is hereby deleted.

SEC. 4. Section 5 of the same law shall now read as follows:

Sec. 4, Registration. - Any organized group of persons may
register as a party for purposes of the party-list system by filing
with the COMELEC not later than ninety (90) 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 a coalition of such parties, 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.

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

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 sixty (60) days before
election.

SEC. 5. Section 6 of the same law shall now read as follows:

Sec. 5. 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, or
coalition on any of the following grounds:

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

It advocates violence or unlawful means to seek its goal;

It is a foreign party or organization;

It is 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;

It violates 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

It fails 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.

SEC. 6. Section 7 of the same law shall now read as follows:

Sec. 6. Certified List of Registered Parties. - The COMELEC
shall, not later than sixty (60) days before election, prepare a
certified list of national, regional, or sectoral parties, 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.

SEC. 7. Section 8 of the same law shall now read as follows:

Sec. 7. Nominations of Party-List Representatives. - Each
registered party, organization or coalition shall submit to the
COMELEC not later than forty-four (45) [sic] days before the
election a list of names, not less than five (5) 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. A person cannot
be nominated as a district candidate of a party and a candidate
in the party-list for the same elections.Only persons who have
given their consent in writing may be named in the list. 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 substitutes 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.

SEC. 8. Section 9 of the same law shall now read as follows:

Sec. 8. Qualification 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
pines 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 which he seeks to
represent for at least ninety (90) days preceding the day of the
election, and is at least twenty-five (25) years of age on the day
of the election.

SEC. 9. Section 10 of the same law shall now read as follows:

Sec. 9. Manner of Voting. - Every voter shall be entitled to two
(2) votes. The first is a vote for candidate for member of the


SEC. 10.

SEC. 11.

SEC. 12.

SEC. 13.

SEC. 14.

House of Representatives in his legislative district, and the
second, a vote for the party, or coalition he wants represented in
the House of Representatives: provided, that a vote cast for a
party, or coalition not entitled to be voted for shall not be
counted.

The COMELEC shall undertake the necessary information
campaign for purposes of educating the electorate on the matter
of the party-list system

Section 11 of the same law shall now read as follows:

Sec. 10. Number of Party-List Representatives. - The party-list
representatives shall constitute twenty percentum (20%) of the
total number of the members of the House of Representatives
including those under the party-list.

The first election under this law shalll take place in May 2013.
Only party lists receiving at least two percent (2%) of the votes
shall be entitled to have seats in the House of Representatives

Section 12 of the same law shall now read as follows:

Sec. 11. Procedure in Allocating Seats for Party-List
Representatives. - The COMELEC shall tally all the votes for the
parties, or coalitions on a nationwide basis, rank them according
to the number of votes received and allocate party-list
Tepresentatives proportionately according to the percentage of
votes obtained by each party, or coalition as against the total
nationwide votes cast for the party-list system.

Section 13 of the same law shall now read as follows:

Sec. 12. How Party-List Representatives are Chosen. ~ Party-
list representatives shall be proclaimed by the COMELEC based
on the list of names submitted by the respective parties, or
coalitions to the COMELEC according to their ranking in the
said list.

Section 14 of the same law shall now read as follows:

Sec. 13. Term of Office. - Party-list representatives shall be
elected for a term of three (3) years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of June
next following their election. No party-list representatives shall
serve for more than three (3) consecutive terms. Voluntary
renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for
the full term for which he was elected

Section 15 of the same law shall now read as follows:


Sec. 14. Change of Affiliation Effect. - Any elected party-list
representative who changes his political party during his term of
office shall forfeit his seat.

SEC. 15. Section 16 of the same law shall now read as follows:

Sec. 15. Vacancy. - In case of vacancy in seats reserved for
party-list representatives, the vacancy shall be automatically
filled by the next representative from the list of nominees in the
order submitted to the COMELEC by the same party, or
coalition, who shall serve for the unexpired term.

‘SEC. 16. Section 17 of the same law shall now read as follows:
Sec. 16. Rights of Party-List Representatives. - Party-list
representatives shall be entitled to the same salaries and
emoluments as members of the House of Representatives
elected directly in their districts.

SEC. 17. Section 18 of the same law shall now read as follows:
Sec. 17. Rules and Regulations. - The COMELEC shall
promulgate the necessary rules and regulations as may be
necessary to carry out the purpose of this Act.

SEC. 18, Section 19 of the same law shall now read as follows:
Sec. 18. Appropriations. - The amount necessary for the
implementation of this Act shall be provided in the regular
appropriations for the Commission on Elections.

SEC. 19. Section 20 of the same law shall now read as follows:
Sec. 19. Separability Clause. - If any part of this Act is held
invalid or unconstitutional, the other parts or provisions thereof
shall remain valid and effective.

SEC. 20. Section 21 of the same law shall now read as follows:
Sec. 20. Repealing Clause. - All laws, decrees, executive
orders, rules and regulations, or parts thereof, inconsistent with
the provisions of this Act are hereby repealed

SEC. 21. Section 22 of the same law shall now read as follows:
Sec. 21. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in a newspaper of general circulation.

Approved,