Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BILNO._SL2'7

Introduced by: Hon. Alfredo A. Garbin, Jr., Rodel M. Batocabe and Christopher S. Co.
EXPLANATORY NOTE

The passage of this bill seeks to amend the Party-List System Act by providing for clear
procedures, rules, and timeline for disqualification, and removal or cancellation of registration. It
shall contribute to the furtherance of full, free and open party system and the continued
promotion of marginalized and underrepresented sectors, organizations and parties.

‘The objective of the Partylist System Act is to 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 or organizations or coalitions. Through the Act,
the State attains to develop and guarantee a full, free and open party system in order to attain
the broadest possible representation of party, sectoral or group interests in the House of
Representatives by enhancing their chances to compete for and win seats in the legislature.

Petitions for cancellation of registration of partylist groups and/or disqualification of
nominees have been filed before the COMELEC against winning partylist groups which has
caused deferment of their proclamation. Having this gap in the law does not enhance
marginalized groups’ chances of being represented in the legislature. Instead, it has invited
harassment suits taken advantage of by anyone or defeated party-list groups against the
winning groups whose victory was hard-earned through sincerity, effective campaign strategy,
and better program of government.

There is a need to correct the statute so as to maximize its objectives and ensure that the
voice and choice of the people are respected.

Hon. CHRISTOPHER S.CO —_ Hon. ROI \TOCABE Hon. ALFREDO A,/GARBIN, JR.


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House sutno. 8L27
Introduced by: Hon. Christopher S. Co, Rodel M. Batocabe and Alfredo A. Garbin, Jr.

AN ACT AMENDING SECTIONS 6 OF REPUBLIC ACT NO. 7941, OTHERWISE KNOWN AS THE
PARTYLIST SYSTEM ACT.

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

SECTION 1. Section 6 of the Republic Act No. 7941 is hereby amended to read as follows:

“Section 6. 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, organization or coalition on any of the
following grounds:

It is 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 dectares 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.

A COMPLAINT FOR CANCELLATION OF REGISTRATION OF ANY NATIONAL, REGIONAL
OR SECTORAL PARTY MAY ONLY BE FILED ONCE EVERY THREE (3) YEARS AND IN NO CASE
WITHIN 6 MONTHS BEFORE THE NEXT NATIONAL ELECTIONS. ALL COMPLAINTS FOR
CANCELLATION OF REGISTRATION MUST BE DECIDED BY THE COMELEC NOT LATER THAN 60
DAYS BEFORE THE NEXT ELECTIONS. THE PENDENCY OF A COMPLAINT AND/OR MOTION
FOR RECONSIDERATION OF A RESOLUTION DENYING A COMPLAINT FOR CANCELLATION OF
REGISTRATION OF A NATIONAL, REGIONAL OR SECTORAL PARTY SHALL NOT BE A GROUND
FOR THE DEFERMENT OF THE PROCLAMATION OF THE CONCERNED PARTY.”


SECTION 2. Section 10 is hereby added to Republic Act No. 7941 which reads as follows:

“Section 10. Disqualification of Party List Nominees. THE COMELEC MAY MOTU
PROPIO OR UPON VERIFIED COMPLAINT OF ANY INTERESTED PARTY, REMOVE OR
DISQUALIFY, AFTER DUE NOTICE AND HEARING, A NOMINEE OF A PARTICULAR PARTY
ON THE GROUND THAT HE OR SHE DOES NOT POSSESS ANY OF QUALIFICATIONS OF A
PARTY LIST NOMINEE AS ENUMERATED UNDER SECTION 9 OF THIS ACT, PROVIDED
THAT A COMPLAINT FOR DISQUALIFICATION OF A NOMINEE MAY ONLY BE FILED
AGAINST A PARTICULAR NOMINEE WITHIN TEN (10) DAYS AFTER THE SUBMISSION OF
THE LIST OF NOMINEES TO THE COMELEC. THE PENDENCY OF A COMPLAINT AND/OR
MOTION FOR RECONSIDERATION OF A RESOLUTION DENYING A COMPLAINT FOR
DISQUALIFICATION OF A NOMINEE SHALL NOT BE A GROUND FOR THE DEFERMENT
AND SUSPENSION OF THE PROCLAMATION OF THE CONCERNED PARTY.

SECTION 3. Effectivity. This Act shall take effect fifteen (15) days after its complete publication in
at least one (1) newspaper of general circulation.