THE PARTY-LIST SYSTEM

Kelvin Jaluag Culajara

Juris Doctor (Non-Thesis), Class of 2019-2020
Ateneo de Zamboanga University College of Law
THE PARTY LIST SYSTEM
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 or
organizations or coalitions thereof registered with the COMELEC.
Nachura, 2014.
THE CONSTITUTION
“The party-list representatives shall constitute twenty percentum
[20%] of the total number of representatives including those
under the party-list. For three [3] consecutive terms after the
ratification of this Constitution, one-half [1/2] 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 cultural communities, women, yourth, and such
other sectors as may be provided by law, except the religious
sector.” Sec. 5(2), Art. VI The Legislative Department
THE REASON FOR THE PARTY LIST
(PL) SYSTEM
It is hoped that the system will democratize political
power by encouraging the growth of a multi-party system
while at the same time giving power to those who
traditionally do not win in elections. Bernas, 2011.
ORGANIZATIONS THAT MAY
PARTICIPATE IN THE PL SYSTEM
The following are used as the guidelines for COMELEC:
• Parties or organizations must represent the marginalized and
underrepresented.
• Political parties who wish to participate must comply with this
policy.
• The religious sector may not be represented under Section 6 of
R.A. 7941. Note: The enumeration under Section 6 will follow
after this slide.
• The party or organization must not be an adjunct of or a project
organized or an entity funded or assisted by the government.
ORGANIZATIONS THAT MAY
PARTICIPATE IN THE PL SYSTEM
• Its nominees must likewise comply with the requirements of the
law.
• The nominee must likewise be able to contribute to the formulation
and enactment of legislation that will benefit the nation.
See Ang Bagong Bayani, et al. vs. COMELEC, G.R. No.
147589 (2001)
DISQUALIFIED PARTIES OR
ORGANIZATIONS (SEC. 6 OF R.A. 7941)
• A religious sect or denomination, or organization established for
religious purpose.
• An organization advocating violence or unlawful means to seek
its goal.
• A foreign party or organization.
• An organization 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.
DISQUALIFIED PARTIES OR
ORGANIZATIONS (SEC. 6 OF R.A. 7941)
• An organization that violates or fails to comply with laws, rules
or regulations relating to elections.
• An organization that declares untruthful statements in its
petition.
• An organization that has ceased to exist for at least 1 year.
• An organization that fails to participate in the last 2 preceding
elections or fails to obtain at least 2% of the votes cast under
the party-list system in the 2 preceding elections for the
constituency in which it has registered.
QUALIFICATIONS OF A PARTY LIST
NOMINEE
• A natural-born citizen of the Philippines;
• A registered voter;
• A resident of the Philippines for a period of not less than 1 year
immediately preceding the day of the election;
• Able to read and write;
• A bona fide member of the party or organization which he seeks to
represent for at least 90 days preceding the day of the election;
• At least 25 years of age on the day of the election. Note: In case of a
nominee of the youth sector, he must be at least 25 but not more than
30 years of age on the day of the election.
REGISTRATION
• Any organized group of persons may register as a party,
organization or coalition for purposes of the party-list
system by filing with the COMELEC not later than 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,
organization, or coalition.
• Any party, organization or coalition already registered with
the COMELEC need not register anew, but shall file with
the COMELEC not later than 90 days before the election
a manifestation of its desire to participate in the party-list
system.
NOMINATION OF PL REPRESENTATIVES
Each registered party, organization or coalition shall
submit to the COMELEC not later than 45 days before the
election a list of names, not less than 5, from which party-list
representatives shall be chosen in case it obtains the
required number of votes. Note: A person may be
nominated in one list only. Only persons who have given
their consent in writing may be named in the list.
The list shall not include any candidate for any elective
office or a person who has lost his bid for an elective office in
the immediately preceding election.
NOMINATION OF PL REPRESENTATIVES

No change shall be allowed after the list 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
substitute nominee shall be placed last in the list.
Nachura, 2014.
MANNER OF VOTING

Every voter shall be entitled to 2 votes: the first is a

vote for the candidate for member of the House of
Representatives (or House); and second, a vote for the
party, organization or collation he wants represented in
the House. Nachura, 2014.
ALLOCATION OF PL SEATS IN THE
HOUSE OF REPRESENTATIVES
1. The party-list representatives shall constitute 20% of the total number of
the members of the House including those under the party-list.
2. The parties, organizations and coalitions shall be ranked from the
highest to the lowest based on the number of votes garnered during the
elections.
3. The parties, organizations and coalitions receiving at least 2% of the total
votes cast for the party-list 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.
4. Each party, organization or coalition shall be entitled to not more than 3
seats. Partido vs. COMELEC; See also Banat vs. COMELEC, and
Veterans Federation Party et al. vs. COMELEC.
SAMPLE PROBLEM
Assume that the total number of district representatives is 100 (which
comprises 80% of the total HOR seats), then the 20% allocated seats for
party list is 25. Note: This is pursuant to Parameter 1. See previous
slide.

TOTAL SEATS IN HOR = 100 DISTRICT / 80%

= 125 SEATS

TOTAL SEATS FOR PL = 125 SEATS X 20%

= 25 SEATS
SAMPLE PROBLEM
PARTY LISTS VOTES GARNERED % VOTES GUAR. SEAT
A 10 3.0675% 1
B 20 6.1350% 1
C 5 1.5337%
D 6 1.8405%
E 7 2.1472% 1
F 8 2.4540% 1
G 55 16.8712% 1
H 98 30.0613% 1
I 76 23.3129% 1
J 12 3.6810% 1
K 11 3.3742% 1
L 3 0.9202%
M 2 0.6135%
N 9 2.7607% 1
O 4 1.2270%
326 10
SAMPLE PROBLEM

TOTAL SEATS FOR PL = 125 SEATS X 20%

= 25 SEATS

REMAINING SEATS = 25 SEATS – 10 GUARANTEED

= 15 SEATS
SAMPLE PROBLEM
PARTY LISTS VOTES GARNERED % VOTES ADD. SEATS
A 10 3.0675% 15 0.46012
B 20 6.1350% 15 0.92025
C 5 1.5337% 15 0.23006
D 6 1.8405% 15 0.27607
E 7 2.1472% 15 0.32209
F 8 2.4540% 15 0.3681
G 55 16.8712% 15 2.53067 2
H 98 30.0613% 15 4.5092 2
I 76 23.3129% 15 3.49693 2
J 12 3.6810% 15 0.55215
K 11 3.3742% 15 0.50613
L 3 0.9202% 15 0.13804
M 2 0.6135% 15 0.09202
N 9 2.7607% 15 0.41411
O 4 1.2270% 15 0.18405
326 6
SAMPLE PROBLEM

REMAINING SEATS = 15 SEATS – 6 SEATS

ADDITIONAL
= 9 SEATS
SAMPLE PROBLEM
PARTY VOTES
LISTS GARNERED % VOTES GUAR. SEAT ADD. SEATS ADD. SEATS ADD. SEATS TOTAL SEATS
A 10 3.0675% 1 15 0.46012 1 2
B 20 6.1350% 1 15 0.92025 1 2
C 5 1.5337% 15 0.23006 1 1
D 6 1.8405% 15 0.27607 1 1
E 7 2.1472% 1 15 0.32209 1
F 8 2.4540% 1 15 0.3681 1
G 55 16.8712% 1 15 2.53067 2 3
H 98 30.0613% 1 15 4.5092 2 3
I 76 23.3129% 1 15 3.49693 2 3
J 12 3.6810% 1 15 0.55215 1 2
K 11 3.3742% 1 15 0.50613 1 2
L 3 0.9202% 15 0.13804 1 1
M 2 0.6135% 15 0.09202 1 1
N 9 2.7607% 1 15 0.41411 1
O 4 1.2270% 15 0.18405 1 1
326 10 6 5 4 25
OTHER MATTERS
• Party-list representatives are proclaimed by the COMELEC
based on the list of names submitted by the respective parties,
organizations or coalitions to the COMELEC according to their
ranking in the list.
• Effect of change of affiliation – any elected party-list
representative who changes his political party or sectoral
affiliation during his term of office shall forfeit his seat; provided
that if he changes his political party or sectoral affiliation within
6 months before an election, he shall not be eligible for
nomination as party-list representative under his new party or
organization.
OTHER MATTERS
• Vacancy – it shall be filled by the next representative from the
list of nominees in the order submitted to the COMELEC by the
same party, organization or coalition who shall serve for the
unexpired term. If the list is exhausted, the party, organization
or collation concerned shall submit additional nominees.
• Term of office – it shall be elected for a term of 3 years, and
shall be entitled to the same salaries and emoluments as
regular members of the House.