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COMELEC (2009)
Summary: These are two petitions. In the first, BANAT assails the COMELEC
Resolution which denied BANATs petition to proclaim the full number of party-list
representatives provided by the Constitution. In the second, Bayan Muna, A Teacher
and Abono assails the Comelec resolution which made a partial proclamation of
parties, organizations and coalitions that obtained at least 2% of total votes cast
under the party-list system. The Court ruled that the 2% threshold in the distribution
of additional party-list seats is unconstitutional.
Doctrines:
In determining the allocation of seats for PL reps under Sec. 11 of RA 7941,
the ff must be observed:
o Parties, organizations and coalitions (POCs) shall be ranked from
highest to lowest based on the number of votes they garnered during
the elections.
o The POCs receiving at least 2% of the total votes cast for the PL
system shall be entitled to one guaranteed seat each.
o Those garnering sufficient number of votes according to the ranking,
shall be entitled to additional seats in proportion to their total
number of votes until all the additional seats are allocated.
o Each POC shall be entitled to not more than 3 seats.
Steps in the second round of seat allocation.
o Percentage is multiplied by the remaining available seats. The whole
integer of the product of the percentage and of the remaining available
seats corresponds to a partys share in the remaining available seats.
o Assign one party-list seat to each of the parties next in rank until all
available seats are completely distributed. Distribute all of the
remaining seats in the second round of seat allocation.
o Apply the 3 seat cap to determine the number of seats each qualified
PL candidate is entitled.
Facts:
May 2007 elections included elections for party-list (PL) reps. 15,950,900
votes cast for 93 PLs.
BANAT filed its Petition to Proclaim the Full Number of Party-List Reps
Provided by the Constitution.
o Reason: Chairman and members of Comelec have been quoted in the
newspapers that the Comelec shall apply the Veterans ruling would
apply the Panganiban formula in allocating PL seats.
o Prayers:
Full number (20%) of PL reps as mandated by Consti be
proclaimed
Par. b Sec 11 of RA 7941 which prescribes the 2% threshold
votes should be harmonized with Sec. 5, Art. VI of Consti and
with Sec. 12 of the RA in that it should be applicable only to the
first PL rep seats to be allotted on the basis of their initial/first
ranking.
3-seat limit in 7941 be applied
Issues:
1. Is the 20% allocation for PL reps in the Constitution mandatory or merely a
ceiling?
2. Is the 3-seat limit in the RA constitutional?
3. Is the 2% threshold prescribed in 7941 to qualify for one seat,
constitutional?
4. How shall PL reps seats be allocated?
5. Does the Constitution prohibit the major political parties from
participating in the PL Elections? If not, can the major political parties be
barred from doing so?
Ruling and Discussion of the Court
A Philippine-style PL election has at least 4 inviolable parameters (Veterans)
1. 20% allocation the combined number of all PL reps shall not exceed
20% of the total membership of HOR
2. 2% threshold only those parties garnering a minimum of 2% of the
total valid votes cast for the PL system are qualified to have a seat in the
HOR.
3. 3-seat limit each qualified party, regardless of the number of votes it
actually obtained, is entitled to a maximum of three seats; 1 qualifying and
2 additional
4. Proportional representation additional seats which a qualified party is
entitled to shall be computed in proportion to their total number of votes.
These shall be revisited since they have flaws in mathematical interpretations.
Number of PL Reps: The Formula Mandated by the Constitution
Sec. 5 (1), Art. VI: Members of HOR: not more than 250, unless otherwise
fixed by law.
Sec. 5 (2), Art. VI: ratio of PL reps to total number of reps (20%)
o No. of seats for PL Reps = (No. of seats available to legis districts/.80) x
.20
o Formula allows for corresponding increase in PL reps as LDs increase.
o 220 LDs (2009), so 55 PL reps
Allocation of Seats for PLReps: Statutory Limits Presented by the 2%
Threshold and 3-seat cap
Sec. 11. RA 7941. Procedure to be followed in determining allocation of seats for the
second vote:
a) The parties, orgs 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, orgs and coalitions receiving at least 2% of the total votes cast
for the PL system shall be entitled to one seat each: provided that those
garnering more than 2% of the votes shall be entitled to additional
seats in proportion to their total number of votes: Provided finally that
each POC shall be entitled to not more than 2 seats.
Sec. 12. Procedure. In Allocating Seats for PL Reps. Comelec shall tally all the votes
for the POCs on a nationwide basis, rank them according to the number of votes
received and allocate PL Reps proportionately according to the percentage of votes
obtained by each PCO, as against the total nationwide votes cast for the PL system.
Interpretations of BANAT:
I. Sec. 11 (b) on the 2% requirement vis a vis Sec. 12: 44 seats will be awarded
a) PL reps: 20% of total mems of HOR 220 LDs so 55 PLRs. All seats must be
proclaimed
b) Initial allotment of 1 seat for every 2% of the total PL votes they obtained: no
more than 3 seats
c) The remaining seats shall, after deducting the seats obtained by the PL
groups under the immediately preceding paragraph and after deducting from
their total the votes corresponding to those seats, the remaining seats shall
be allotted proportionately to all the PL groups which have not secured the
max 3 seats under the 2% threshold rule.
II. Assumes that 2% vote req is declared unconstitutional and apportions the seats
for PLR by following Sec. 12 (34 seats here). Comelec
a) Shall tally all the votes for the POC on a nationwide basis
b) Rank them accdg to number of votes received
c) Allocate PL reps proportionately according to the percentage of votes
obtained by each POC as against the total nationwide votes cast for the PL
system.
a. Banat used 2 formulas:
i. Based on the proportional percentage of votes received by each
party as against the total nationwide PL votes
ii. By making the votes of a PL with a median percentage of votes
as the divisor in computing the allocation of seats.
Courts interpretation
Sec. 11a of RA 7941 prescribes the ranking of the participating parties from
the highest to lowest based on the number of votes they garnered during the
elections.
First clause of Sec. 11b guarantees a seat to the two percenters. 1 seat
once 2% is reached
o Votes garnered / total votes cast for all PL candidates (as applied, only
17 PLs qualify)
Second clause: those garnering more than 2% of votes shall be entitled to
additional seats in proportion to their total number of votes. Veterans
case interprets the clause to be in proportion to the votes of the first party.
contrary to the express language of 7941
Courts ruling:
In computing the allocation of additional seats, the continued operation of the
2% threshold for distribution of additional seats found in the second clause of
Sec. 11b is unconstitutional. It makes it mathematically impossible to
achieve the max number of available party list seats when the number of
available party list seats exceeds 50. This will frustrate the attainment of the
permissive ceiling that 20% of the mems of HOR shall consist of PLRs.
Court struck down the 2% threshold wrt the distribution of
additional seats.
In determining the allocation of seats for PL reps under Sec. 11 of RA 7941,
the ff must be observed:
o POCs shall be ranked from highest to lowest based on the number of
votes they garnered during the elections.
o The POCs receiving at least 2% of the total votes cast for the PL
system shall be entitled to one guaranteed seat each.
o Those garnering sufficient number of votes according to the ranking,
shall be entitled to additional seats in proportion to their total
number of votes until all the additional seats are allocated.
o Each POC shall be entitled to not more than 3 seats.
Two steps in the second round of seat allocation.
o Percentage is multiplied by the remaining available seats (55-17=38).
The whole integer of the product of the percentage and of the
remaining available seats corresponds to a partys share in the
remaining available seats.
o Assign one party-list seat to each of the parties next in rank until all
available seats are completely distributed. Distribute all of the
remaining 38 seats in the second round of seat allocation.
o Apply the 3 seat cap to determine the number of seats each qualified
PL candidate is entitled. (see the decision for the sample table).
Participation of major political parties in PL elections
Constitutional commission adopted a multi-party system that allowed all
political parties to participate in the party-list elections.
Monsod: We are for opening up the system, and we would like very much for
the sectors to be there. That is why one of the ways to do that is to put a
ceiling on the number of representatives from any single party that can sit
within the 50 allocated under the party-list system.
See definition of terms under RA 7941
Neither the constitution nor RA 7941 prohibits major political parties from
participating in the party-list system. Framers of the constitution clearly
intended the major political parties to participate in party-list elections
through their sectoral wings. In defining a party that participates in party-list
elections as either a political party or a sectoral party, RA 7941 also clearly
intended that major political parties will participate in the party-list elections.
Under Sec. 9, it is not necessary that the party-list organizations nominee
wallow in poverty, destitution or infirmity. No financial status required in the
law. It is enough that the nominee of the sectoral party/org/coalition belongs
to the marginalized and underrepresented sectors
Neither the Constitution nor the RA 7941 mandates the filling up of the entire 20%
allocation of PL reps found in the Constitution. The Constitution, Sec. 5 (1) Art. VI,
left the determination of the number of the members of the HOR to Congress. HOR
shall be composed of not more than 250 members, unless otherwise fixed by law.
The 20% allocation of PL reps is merely a ceiling; PL reps cannot be more than 20%
of the members of the HOR.
Court cannot allow the continued existence of a provision in the law which will
systematically prevent the constitutionally allocated 20% PL reps from being filled.
The three-seat cap, as a limitation to the number of seats that a qualified PL org
may occupy, remains a valid statutory device that prevents any party from
dominating the PL elections. Seats for PL
reps shall thus be allocated in
accordance with the procedure.
Dispositive:
Partially granted. Resolution 07-41 set aside as well as Resolution in NBC No. 07-60.
2% threshold in the distribution of additional party-list seats declared