SIXTEENTH CONGRESS OF THE REPUBLIC ) 1 4 A
OF THE PHILIPPINES )

2
First Regular Session ) ' Pept

4609
HOUSE BILL NO,

Introduced by ANGKLA Partylist Representative JESULITO A. MANALO

AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT
NO. 7941, OTHERWISE KNOWN AS THE PARTY LIST SYSTEM ACT

EXPLANATORY NOTE

With almost two decades having lapsed since the party-list system
has been created and included in the national elections in the country,
undeniably, there still exists a controversy in every election, particularly
as to how seats shall be allocated and distributed to party-lists.

The varying interpretations of numerous party lists and sectors,
coupled with the different jurisprudence on the matter have caused
confusion and brought about chaos relative to the proper rules and
procedures that must be adopted and applied in the allocation of seats to
the party-list representatives.

The most recent jurisprudence that exhaustively discussed this
significant issue, with the hope of resolving the matter governing the
allocation of seats for party-lists in the Philippines, once and for all, is
embodied in the Decision dated 21 April 2009, issued by the Supreme
Court in the consolidated cases of G.R. No. 179271 (BANAT vs.
COMELEC) and G.R. No. 179295 (Bayan Muna, et. al. vs. COMELEC).
The proposed amendments in this bill seek to institutionalize those
clarifications and appropriate rules and procedures that must be followed
in the distribution of the party-list seat allocations.

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The amendments provided in this measure intend to ensure that:

(a) The party-lists achieve the maximum number of seat
allocation provided for it under the Philippine Constitution, which is
equivalent to twenty percent (20%) of the total number of members of the
House of Representatives, including those under the party-list;

(b) In order to achieve uniformity and continuous order in the
allocation of seats, the law defines with certainty and precision the
threshold or percentage necessary for a party-list to be qualified and
entitled to a guaranteed seat in Congress, which has been and will always
be set at two percent (2%);

(c) Since it is an undeniable fact that the insistence on the
application of the 2% threshold even to the remaining available seats for
the party-list, after the guaranteed seats are distributed, will
mathematically and physically prevent the filling up of all the party-list
seats provided under the Constitution, a different formula and rule shall
be applied for the distribution of these remaining available seats; and

(d) The limitation in the seats allocated for each party-list to three
shall be maintained to prevent any party from dominating the party-list
system. This limitation will also allow other equally significant sectors to
be provided representation in Congress.

JE$ULIPO A. MANALO.
list Representative
ANGKLA

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SIXTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

HOUSE BILL No,__ 4809

Introduced by ANGKLA Partylist Representative JESULITO A. MANALO

AN ACT AMENDING CERTAIN PROVISIONS OF 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. Amendatory Provisions. -

1.1 Section 3 of Republic Act No. 7941, shall be amended by
revising section 3(e) and adding seven (7) more definition of terms,
and shall read as follows:

“Section 3. Definition of Terms.
XXX XXX XXX
(e)_A sectoral organization refers to a_ group of citizens

or _a coalition of groups of citizens who share similar
characteristics, employment, interests or concerns.

XXX__XXX__ XXX

(g) Party-list_or_party-list_representatives shall _either
singly or collectively refer to any or all of the different
types of parties specified in section 3, letters a-f hereof.

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(h) The total number of seats available for the party-list
representatives constitutes twenty percent (20%) of the
total number of the members of the House _of
Representatives including those under the party-list._It
is _determined by using the formula specified under
section 11 hereof.

(i) Percentage of votes is determined by using the
formula specified under paragraph 1 of section 12.1
hereof.

(j) Qualifying party list is one which obtains at least two
percent (2%) of the total votes cast for the party-list
system, in accordance with the provisions provided
under sections 12.1 and 12.2 hereof.

(k) Guaranteed seat is a seat automatically awarded to a
qualifying party-list, in accordance with the provision

provided under section 12.2 hereof.
(l) Remaining available seats shall refer to the seats that

remain unallocated after all the guaranteed seats are
distributed, and_is_ computed by using the formula
specified under section 12.3,

(m)_Additional allocation seats shall refer to the seats
awarded only after _all_the guaranteed seats _are
distributed, following the rules _and__procedures
specified under section 12.4.”

1.2 Section 4 of Republic Act No. 7941, shall be partly
amended and read as follows:

“Section 4. Manifestation to Participate in the Party-List
System. Any  party-list already registered with the
Commission need not register anew. However, such party-list
shall file with the Commission, not later than ninety (90) days
before the election, a manifestation of its desire to participate
in the party-list system.”

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1.3 Section 5 of Republic Act No. 7941, shall be partly

amended and read as follows:

“Section 5. Registration. Any organized group of
persons may register as a party-list 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 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 limited to
labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, elderly, handicapped, women, youth, veterans,
overseas workers, and professionals.

XXX__ XXX XXX”

14 Section 6 of Republic Act No. 7941, shall be partly

amended and read as follows:

“Section 6. Refusal and/or Cancellation of Registration. The
COMELEC may, motu propio or upon verified complaint of
any interested party, refuse or cancel, after due notice and
hearing, the registration of any party-list on any of the
following grounds:

XXX XXX__XXX””

1.5 Section 10 of Republic Act No. 7941, shall be partly

amended and read as follows:

“Section 10. Manner of Voting, Every voter shall be
entitled to two (2) votes: the first is a vote for candidate for
member of the House of Representatives in his legislative
district, and the second, a vote for the party-list he wants
represented in the house of Representatives: Provided, That a
vote cast for a party-list not entitled to be voted for shall not
be counted.”

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1.6 Section 11 of Republic Act No. 7941, shall be amended
and read as follows:

“Section 11. 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. In order
to determine the 20% seats allocated_to the _party-list
representatives, the formula to be used shall be the total
number of members from the legislative districts multiplied
with twenty five percent (25%). The integer product shall be
the total _number_of seats available for the _party-list

representatives.”

1.7 Section 12 of Republic Act No. 7941, shall be amended
with additional subsections, and read as follows:

“Section 12. Procedure in Allocating Seats for Party-List
Representatives. In determining the allocation of seats for each
party list, the following rules _and_procedures_shall_be
observed and followed:

12.1_The COMELEC shall first tally all the votes for the
party-lists on a nationwide basis, then rank them according to
the number of votes received. Thereafter, the percentage of
votes obtained by the party-lists shall likewise be computed.
In order to determine the percentage of the votes obtained by
each party-list the formula to be used shall be the number of
votes garnered by the party-list divided by the total number
of votes cast for all the party-lists. The whole integer quotient
shall be the considered the percentage of votes.

The percentage of votes will thereafter be multiplied by 100,
and_its product, which shall not be rounded _off, shall
determine whether it is a qualifying party-list, as explained in
section 12.2 hereof.

12.2_Based on the formula stated in section 12.1 above,
a party list who obtains at least two percent (2%) of the total
votes cast for the party-list_system shall be considered _a

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qualifying _party-list. __Every qualifying __party-list_is
automatically entitled to one guaranteed seat each.

12.3 Once all the qualifying party lists are determined
and are allotted one guaranteed seat each, in order to achieve
the maximum number of available party list seats, which is
computed in accordance with section 11 hereof, the remaining
available seats shall then be computed. For this purpose, the
formula to be used shall simply be the total number of seats
available for the _party-list_representatives minus the total

number of guaranteed seats filled in under section 12.2 hereof.
The integer difference shall be remaining available seats.

12.4 Once the remaining available seats for the party-
list are determined, there shall be a second round of seat
allocations. The formula to_be_used for this shall be the
percentage of votes of the party list (formula _under section
12.1) multiplied _by the remaining available seats (formula
under 12.3). The whole integer product shall determine the
number of additional allocation seats that each party-list shall
be entitled to from the remaining available seats.

If the integer products pertaining to the other party-lists do
not reach at _least_one (1), and there are still remaining
available seats, then each of the party-list next in rank, based
on the actual number of votes each received, shall be assigned
one (1) seat, until all remaining available seats are completely
distributed.

In no case shall any party-list be entitled to more than three
seats, with its guaranteed and additional _allocation_seats
combined.”

Section 2. Separability Clause. - If any part of this Act is held
invalid or unconstitutional, the other parts or provisions thereof shall
remain valid and effective.

Section 3. Repealing Clause. - All laws, decrees, executive orders,

rules and regulations, or parts thereof, inconsistent with the provisions of
this Act are hereby repealed.

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Section 4. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in at least two newspapers of general circulation.

Approved,

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