saan rates RECEIVED
‘epublic of the Philippines ,
HOUSE OF REPRESENTATIVES DATEMAY 0-4 220

Quezon City

v

EIGHTEENTH CONGRESS

First Regular Session

House Bil No,_©573

Introduced by HON. FRANCISCO G. DATOL, JR.

EXPLANATORY NOTE

Itis the policy of the State to develop and guarantee a full, free and open party
system in order to attain the broadest possible representation of patty, sectoral or group
interests in the House of Representatives. However, some of these marginalized sectors are
deprived of this chance due to the issues on qualifications of nominees who seek to represent
their group or organization. This is true especially in cases where a sectoral group or party-
list has been proclaimed by the COMELEC, but whose rightful nominee or nominees have
yet to be determined in accordance with the provisions of Republic Act No. 7941, also
known as the “Party-List System Act”. While the COMELEC has been trying its best to
resolve such issue of representation or leadership between or among the nominees of such
sectoral group, still it cannot be that the interest or welfare of the general membership will
suffer when the right of representation has been not been timely decided by the COMELEC
in the exercise of its jurisdiction.

It is observed that the issue of rightful representation could be solved if certain
provisions of RA No. 7941 will be clarified and amended, specifically the qualifications of
the nominees of party-list. For instance, there are party-list nominees who, instead of secking
the best interest of their group, would rather promote their own interest by submitting a
separate Manifestation of Intent to Participate (MIP) using the same party-list accredited by
the COMELEC. Needless to state, it is ministerial on the part of the COMELEC to accept
such MIPs, only to find out later that an earlier MIP has already been filed in accordance
with RA No. 7941. Worse, some of these nominees were already declared by COMELEC as
having lost their bid to represent the group, organization or party list, yet are not barred
from filing their MIP and list of nominees.

On account of these sad and unfortunate circumstances, itis but fitting that we look
or revisit, if not amend the pertinent provisions of RA No. 7941, as proposed in this bill.

Immediate consideration and approval of this bill ig most earnestly sought.
NB



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 66/3

Caregen ee

Introduced by HON, FRANCISCO G. DATOL, JR.

a ISNA Dna ar ee ee

AN ACT TO AMEND SECTION 9 OF REPUBLIC ACT 7941 OTHERWISE KNOWN
AS THE PARTY-LIST SYSTEM ACT OF 2010 AND FOR OTHER PURPOSE

Beit enacted by the Senate and House of Repnsemativeso the Philipines asembled:
SECTION 1. Section 9 of Republic Act No. 7941 is hereby amended to read as follows:

"SEC. 9. 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 the Philippines for a period of not less than one (1) year immediately preceding the day of
clection, able to read and write, bona fide member of the party or organization which he seeks to
represent for at least ninety (90) days preceding the election, and is at least twenty-five (25) years
of age on the day of election.

FURTHER, WHEN THE PERSON NOMINATED BY THE REGISTERED
PARTY, OR ORGANIZATION, OR COALITION REFERRED TO IN THE FIRST
PARAGRAPH OF THE IMMEDIATELY PRECEDING SECTION IS NOT THE
DULY AUTHORIZED REPRESENTATIVE, OR HAS LOST HIS/HER BID TO
REPRESENT THE SAID PARTY, OR ORGANIZATION, OR COALITION IN THE
IMMEDIATELY PRECEDING ELECTION, AS BEEN DECLARED BY THE
COMELEC, SUPREME COURT, OR ANY COMPETENT AUTHORITY, SUCH
SHALL BE A GROUND FOR DISQUALIFICATION AND/OR EXCLUSION OF
THE PERSON NOMINATED IN THE LIST OF NOMINEES OF THE
REGISTERED PARTY, OR ORGANIZATION, OR COALITION HE/SHE SEEKS
TO REPRESENT.

In case of a nominee 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 election. Any youth sectoral representatee whe attains
the age of thirty (30) during his term shall be allowed to continue until the expiration of his term.”

SECTION 2. Repealing Clause. — All laws, decrees, executive orders, issuances or
regulations inconsistent which the provisions of this Act hereby revised or atmengied accordingly.

SECTION 3. Separability Clause - If any part of this Act is declared unconstitutional or
tovalid such parts or provisions thereof not so declared shall remain valid and subsisting.

SECTION 4. Effectivity Clause - This Act shall ake effect fiftcen (15) days after its
Publication in at least rwo (2) Newspapers of general circulation,

Abprowd,