46. banat v COMELEC GR 179271.docx

8/14/2019 46. banat v COMELEC GR 179271.docx

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EN BANC

BARANGAY ASSOCIATION FOR G.R. No. 179271

NATIONAL ADVANCEMENT

AND TRANSPARENCY (BANAT),

Petitioner,

- versus -

COMMISSION ON ELECTIONS

(sitting as the National Board of

Canvassers),

Respondent.


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ARTS BUSINESS AND SCIENCE

PROFESSIONALS,

Intervenor.

AANGAT TAYO,

Intervenor.

COALITION OF ASSOCIATIONS

OF SENIOR CITIZENS IN THE

PHILIPPINES, INC. (SENIOR

CITIZENS),

Intervenor.

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - x

BAYAN MUNA, ADVOCACY FOR G.R. No. 179295

TEACHER EMPOWERMENT

THROUGH ACTION, COOPERATION Present:

AND HARMONY TOWARDS

EDUCATIONAL REFORMS, INC., PUNO, C.J.,

and ABONO, QUISUMBING,

Petitioners, YNARES-SANTIAGO,

CARPIO,


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AUSTRIA-MARTINEZ,

CORONA,

- versus - CARPIO MORALES,

TINGA,

CHICO-NAZARIO,

VELASCO, JR.,

NACHURA,

LEONARDO-DE CASTRO,

BRION,

PERALTA, and

BERSAMIN, JJ.

COMMISSION ON ELECTIONS, Promulgated:

Respondent.

_______________________

x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x


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D E C I S I O N

CARPIO, J.:

The Case

Petitioner in G.R. No. 179271 Barangay Association for National Advancement andTransparency (BANAT) in a petition for certiorari and mandamus,[1] assails the Resolution[2]promulgated on 3 August 2007 by the Commission on Elections (COMELEC) in NBC No. 07-041 (PL). TheCOMELECs resolution in NBC No. 07 -041 (PL) approved the recommendation of Atty. Alioden D. Dalaig,Head of the National Board of Canvassers (NBC) Legal Group, to deny the petition of BANAT for beingmoot. BANAT filed before the COMELEC En Banc, acting as NBC, a Petition to Proclaim the Full Numberof Party-List Representatives Provided by the Constitution.

The following are intervenors in G.R. No. 179271: Arts Business and Science Professionals (ABS),Aangat Tayo (AT), and Coalition of Associations of Senior Citizens in the Philippines, Inc. (Senior Citizens).

Petitioners in G.R. No. 179295 Bayan Muna, Abono, and Advocacy for Teacher EmpowermentThrough Action, Cooperation and Harmony Towards Educational Reforms (A Teacher) in a petition forcertiorari with mandamus and prohibition,[3] assails NBC Resolution No. 07-60[4] promulgated on 9 July2007. NBC No. 07-60 made a partial proclamation of parties, organizations and coalitions that obtainedat least two percent of the total votes cast under the Party-List System. The COMELEC announced that,upon completion of the canvass of the party-list results, it would determine the total number of seats ofeach winning party, organization, or coalition in accordance with Veterans Federation Party v.COMELEC[5] (Veterans).

Estrella DL Santos, in her capacity as President and First Nominee of the Veterans Freedom Party,filed a motion to intervene in both G.R. Nos. 179271 and 179295.


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The Facts

The 14 May 2007 elections included the elections for the party-list representatives. The COMELECcounted 15,950,900 votes cast for 93 parties under the Party-List System.[6]

On 27 June 2002, BANAT filed a Petition to Proclaim the Full Number of Party-List RepresentativesProvided by the Constitution, docketed as NBC No. 07-041 (PL) before the NBC. BANAT filed its petitionbecause *t+he Chairman and the Members of the *COMELEC+ have recently been quoted in the nationalpapers that the [COMELEC] is duty bound to and shall implement the Veterans ruling, that is, wouldapply the Panganiban formula in allocating party- list seats.*7+ There were no intervenors in BANATspetition before the NBC. BANAT filed a memorandum on 19 July 2007.

On 9 July 2007, the COMELEC, sitting as the NBC, promulgated NBC Resolution No. 07-60. NBCResolution No. 07-60 proclaimed thirteen (13) parties as winners in the party-list elections, namely:Buhay Hayaan Yumabong (BUHAY), Bayan Muna, Citizens Battle Against Corruption (CIBAC), GabrielasWomen Party (Gabriela), Association of Philippine Electric Cooperatives (APEC), A Teacher, Akbayan!Citizens Action Party (AKBAYAN), Alagad, Luzon Farmers Party (BUTIL), Cooperative -Natco NetworkParty (COOP-NATCCO), Anak Pawis, Alliance of Rural Concerns (ARC), and Abono. We quote NBCResolution No. 07-60 in its entirety below:

WHEREAS, the Commission on Elections sitting en banc as National Board of Canvassers, thru itsSub-Committee for Party-List, as of 03 July 2007, had officially canvassed, in open and publicproceedings, a total of fifteen million two hundred eighty three thousand six hundred fifty-nine(15,283,659) votes under the Party-List System of Representation, in connection with the National andLocal Elections conducted last 14 May 2007;

WHEREAS, the study conducted by the Legal and Tabulation Groups of the National Board ofCanvassers reveals that the projected/maximum total party-list votes cannot go any higher than sixteenmillion seven hundred twenty three thousand one hundred twenty-one (16,723,121) votes given thefollowing statistical data:


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Projected/Maximum Party-List Votes for May 2007 Elections

i. Total party-list votes already canvassed/tabulated

15,283,659

ii. Total party-list votes remaining uncanvassed/ untabulated (i.e. canvass deferred)

1,337,032

iii. Maximum party-list votes (based on 100% outcome) from areas not yet submitted for canvass (Bogo,Cebu; Bais City; Pantar, Lanao del Norte; and Pagalungan, Maguindanao)

102,430

Maximum Total Party-List Votes16,723,121

WHEREAS, Section 11 of Republic Act No. 7941 (Party-List System Act) provides in part:

The parties, organizations, and coalitions receiving at least two percent (2%) of the total votescast for the party-list system shall be entitled to one seat each: provided, that those garnering morethan two percent (2%) of the votes shall be entitled to additional seats in proportion to their totalnumber of votes: provided, finally, that each party, organization, or coalition shall be entitled to notmore than three (3) seats.


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WHEREAS, for the 2007 Elections, based on the above projected total of party-list votes, thepresumptive two percent (2%) threshold can be pegged at three hundred thirty four thousand fourhundred sixty-two (334,462) votes;

WHEREAS, the Supreme Court, in Citizens Battle Against Corruption (CIBAC) versus COMELEC,reiterated its ruling in Veterans Federation Party versus COMELEC adopting a formula for the additionalseats of each party, organization or coalition receving more than the required two percent (2%) votes,stating that the same shall be determined only after all party-list ballots have been completelycanvassed;

WHEREAS, the parties, organizations, and coalitions that have thus far garnered at least threehundred thirty four thousand four hundred sixty-two (334,462) votes are as follows:

RANKPARTY/ORGANIZATION/

COALITIONVOTES

RECEIVED

1BUHAY

1,163,218

2BAYAN MUNA

972,730

3CIBAC

760,260

4GABRIELA

610,451


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5APEC

538,971

6A TEACHER

476,036

7AKBAYAN

470,872

8ALAGAD

423,076

9BUTIL

405,052

10COOP-NATCO

390,029

11BATAS

386,361

12ANAK PAWIS

376,036

13ARC

338,194

14ABONO

337,046


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WHEREAS, except for Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS),against which an URGENT PETITION FOR CANCELLATION/REMOVAL OF REGISTRATION ANDDISQUALIFICATION OF PARTY-LIST NOMINEE (With Prayer for the Issuance of Restraining Order) has

been filed before the Commission, docketed as SPC No. 07-250, all the parties, organizations andcoalitions included in the aforementioned list are therefore entitled to at least one seat under the party-list system of representation in the meantime.

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution, the Omnibus ElectionCode, Executive Order No. 144, Republic Act Nos. 6646, 7166, 7941, and other election laws, theCommission on Elections, sitting en banc as the National Board of Canvassers, hereby RESOLVES toPARTIALLY PROCLAIM, subject to certain conditions set forth below, the following parties, organizationsand coalitions participating under the Party-List System:

1Buhay Hayaan YumabongBUHAY

2Bayan MunaBAYAN MUNA

3Citizens Battle Against CorruptionCIBAC

4Gabriela Womens Party GABRIELA

5Association of Philippine Electric CooperativesAPEC

6Advocacy for Teacher Empowerment Through Action, Cooperation and Harmony Towards Educational

Reforms, Inc.


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A TEACHER

7Akbayan! Citizens Action Party AKBAYAN

8AlagadALAGAD

9Luzon Farmers PartyBUTIL

10Cooperative-Natco Network PartyCOOP-NATCCO

11Anak PawisANAKPAWIS

12Alliance of Rural ConcernsARC

13AbonoABONO

This is without prejudice to the proclamation of other parties, organizations, or coalitions whichmay later on be established to have obtained at least two percent (2%) of the total actual votes castunder the Party-List System.

The total number of seats of each winning party, organization or coalition shall be determinedpursuant to Veterans Federation Party versus COMELEC formula upon completion of the canvass of theparty-list results.


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actually canvassed, votes canvassed but not included in Report No. 29, votes received but uncanvassed,and maximum votes expected for Pantar, Lanao del Norte, is 16,261,369; and that the projectedmaximum total votes for the thirteen (13) qualified parties, organizations and coalition[s] are as follows:

Party-ListProjected total number of votes

1BUHAY1,178,747

2BAYAN MUNA977,476

3CIBAC755,964

4GABRIELA621,718

5APEC622,489

6A TEACHER492,369

7AKBAYAN462,674

8ALAGAD423,190


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9BUTIL409,298

10

COOP-NATCO412,920

11ANAKPAWIS370,165

12ARC375,846

13ABONO340,151

WHEREAS, based on the above Report, Buhay Hayaan Yumabong (Buhay) obtained the highestnumber of votes among the thirteen (13) qualified parties, organizations and coalitions, making it thefirst party in accordance with Veterans Federation Party versus COMELEC, reiterated in Citizens BattleAgainst Corruption (CIBAC) versus COMELEC;

WHEREAS, qualified parties, organizations and coalitions participating under the party-list systemof representation that have obtained one guaranteed (1) seat may be entitled to an additional seat orseats based on the formula prescribed by the Supreme Court in Veterans;

WHEREAS, in determining the additional seats for the first party, the correct formula a sexpressed in Veterans, is:

Number of votes of first party Proportion of votes of first


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- - - - - - - - - - - - - - - - - - - - - = party relative to total votes for

Total votes for party-list system party-list system

wherein the proportion of votes received by the first party (without rounding off) shall entitle it toadditional seats:

Proportion of votes received

by the first partyAdditional seats

Equal to or at least 6%Two (2) additional seats

Equal to or greater than 4% but less than 6%One (1) additional seat

Less than 4%No additional seat

WHEREAS, applying the above formula, Buhay obtained the following percentage:

1,178,747

- - - - - - - - = 0.07248 or 7.2%

16,261,369

which entitles it to two (2) additional seats.


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WHEREAS, in determining the additional seats for the other qualified parties, organizations andcoalitions, the correct formula as expressed in Veterans and reiterated in CIBAC is, as follows:

No. of votes of

concerned party No. of additional

Additional seats for = ------------------- x seats allocated to

a concerned party No. of votes of first party

first party

WHEREAS, applying the above formula, the results are as follows:

Party ListPercentageAdditional Seat

BAYAN MUNA1.651

CIBAC1.281

GABRIELA1.051

APEC1.05


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1

A TEACHER0.830

AKBAYAN0.780

ALAGAD0.710

BUTIL0.690

COOP-NATCO0.690

ANAKPAWIS0.620

ARC0.630

ABONO0.570

NOW THEREFORE, by virtue of the powers vested in it by the Constitution, Omnibus ElectionCode, Executive Order No. 144, Republic Act Nos. 6646, 7166, 7941 and other elections laws, theCommission on Elections en banc sitting as the National Board of Canvassers, hereby RESOLVED, as it


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hereby RESOLVES, to proclaim the following parties, organizations or coalitions as entitled to additionalseats, to wit:

Party ListAdditional Seats

BUHAY2

BAYAN MUNA1

CIBAC1

GABRIELA1

APEC1

This is without prejudice to the proclamation of other parties, organizations or coalitions whichmay later on be established to have obtained at least two per cent (2%) of the total votes cast under theparty-list system to entitle them to one (1) guaranteed seat, or to the appropriate percentage of votesto entitle them to one (1) additional seat.

Finally, all proclamation of the nominees of concerned parties, organizations and coalitions withpending disputes shall likewise be held in abeyance until final resolution of their respective cases.

Let the National Board of Canvassers Secretariat implement this Resolution, furnishing a copyhereof to the Speaker of the House of Representatives of the Philippines.


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SO ORDERED.[9]

Acting on BANATs petition, the NBC promulgated NBC Resolut ion No. 07-88 on 3 August 2007,which reads as follows:

This pertains to the Petition to Proclaim the Full Number of Party-List Representatives Providedby the Constitution filed by the Barangay Association for National Advancement and Transparency(BANAT).

Acting on the foregoing Petition of the Barangay Association for National Advancement andTransparency (BANAT) party-list, Atty. Alioden D. Dalaig, Head, National Board of Canvassers LegalGroup submitted his comments/observations and recommendation thereon [NBC 07-041 (PL)], whichreads:

COMMENTS / OBSERVATIONS:

Petitioner Barangay Association for National Advancement and Transparency (BANAT), in its Petition toProclaim the Full Number of Party-List Representatives Provided by the Constitution prayed for thefollowing reliefs, to wit:

1. That the full number -- twenty percent (20%) -- of Party-List representatives as mandated bySection 5, Article VI of the Constitution shall be proclaimed.


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2. Paragraph (b), Section 11 of RA 7941 which prescribes the 2% threshold votes, should beharmonized with Section 5, Article VI of the Constitution and with Section 12 of the same RA 7941 inthat it should be applicable only to the first party-list representative seats to be allotted on the basis of

their initial/first ranking.

3. The 3-seat limit prescribed by RA 7941 shall be applied; and

4. Initially, all party-list groups shall be given the number of seats corresponding to every 2% of thevotes they received and the additional seats shall be allocated in accordance with Section 12 of RA 7941,that is, in proportion to the percentage of votes obtained by each party-list group in relation to the totalnationwide votes cast in the party-list election, after deducting the corresponding votes of those whichwere allotted seats under the 2% threshold rule. In fine, the formula/procedure prescribed in theALLOCATION OF PARTY-LIST SEATS, ANNEX A of COMELEC RESOLUTION 2847 dated 25 June 1996,shall be used for [the] purpose of determining how many seats shall be proclaimed, which party-listgroups are entitled to representative seats and how many of their nominees shall seat [sic].

5. In the alternative, to declare as unconstitutional Section 11 of Republic Act No. 7941 and that theprocedure in allocating seats for party-list representative prescribed by Section 12 of RA 7941 shall befollowed.

RECOMMENDATION:

The petition of BANAT is now moot and academic.

The Commission En Banc in NBC Resolution No. 07- 60 promulgated July 9, 2007 re In the Matter ofthe Canvass of Votes and Partial Proclamation of the Parties, Organizations and Coalitions ParticipatingUnder the Party-List System Durin g the May 14, 2007 National and Local Elections resolved amongothers that the total number of seats of each winning party, organization or coalition shall be


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determined pursuant to the Veterans Federation Party versus COMELEC formula upon completion of thecanvass of the party- list results.

WHEREFORE, premises considered, the National Board of Canvassers RESOLVED, as it herebyRESOLVES, to approve and adopt the recommendation of Atty. Alioden D. Dalaig, Head, NBC LegalGroup, to DENY the herein petition of BANAT for being moot and academic.

Let the Supervisory Committee implement this resolution.

SO ORDERED.[10]

BANAT filed a petition for certiorari and mandamus assailing the ruling in NBC Resolution No. 07-88. BANAT did not file a motion for reconsideration of NBC Resolution No. 07-88.

On 9 July 2007, Bayan Muna, Abono, and A Teacher asked the COMELEC, acting as NBC, toreconsider its decision to use the Veterans formula as stated in its NBC Resolution No. 07-60 becausethe Veterans formula is violative of the Constitution and of Republic Act No. 7941 (R.A. No. 7941). Onthe same day, the COMELEC denied reconsideration during the proceedings of the NBC.[11]

Aside from the thirteen party-list organizations proclaimed on 9 July 2007, the COMELECproclaimed three other party-list organizations as qualified parties entitled to one guaranteed seatunder the Party-List System: Agricultural Sector Alliance of the Philippines, Inc. (AGAP),[12] AnakMindanao (AMIN),[13] and An Waray.[14] Per the certification[15] by COMELEC, the following party-listorganizations have been proclaimed as of 19 May 2008:


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Party-ListNo. of Seat(s)

1.1Buhay

3

1.2Bayan Muna2

1.3CIBAC2

1.4Gabriela2

1.5APEC2

1.6A Teacher1

1.7Akbayan1

1.8Alagad1

1.9Butil1

1.10Coop-Natco [sic]1


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2. Is the three-seat limit provided in Section 11(b) of RA 7941 constitutional?

3. Is the two percent threshold and qualifier votes prescribed by the same Section 11(b) ofRA 7941 constitutional?

4. How shall the party-list representatives be allocated?[16]

Bayan Muna, A Teacher, and Abono, on the other hand, raised the following issues in theirpetition:

I. Respondent Commission on Elections, acting as National Board of Canvassers, committed graveabuse of discretion amounting to lack or excess of jurisdiction when it promulgated NBC ResolutionNo. 07-60 to implement the First-Party Rule in the allocation of seats to qualified party-listorganizations as said rule:

A. Violates the constitutional principle of proportional representation.

B. Violates the provisions of RA 7941 particularly:

1. The 2-4-6 Formula used by the First Party Rule in allocatingadditional seats for the First Party violates the principle of proportional representationunder RA 7941.


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4. How shall the party-list representative seats be allocated?

5. Does the Constitution prohibit the major political parties from participating in the party-listelections? If not, can the major political parties be barred from participating in the party-listelections?[18]

The Ruling of the Court

The petitions have partial merit. We maintain that a Philippine-style party-list election has at leastfour inviolable parameters as clearly stated in Veterans. For easy reference, these are:

First, the twenty percent allocation the combined number of all party-list congressmen shallnot exceed twenty percent of the total membership of the House of Representatives, including thoseelected under the party list;

Second, the two percent threshold only those parties garnering a minimum of two percent ofthe total valid votes cast for the party- list system are qualified to have a seat in the House ofRepresentatives;

Third, the three-seat limit each qualified party, regardless of the number of votes it actuallyobtained, is entitled to a maximum of three seats; that is, one qualifying and two additional seats;


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Fourth, proportional representation the additional seats which a qualified party is entitled toshall be computed in proportion to their total number of votes.*19+

However, because the formula in Veterans has flaws in its mathematical interpretation of the termproportional representation, this Court is compelled to revisit the formula for the allocation ofadditional seats to party-list organizations.

Number of Party-List Representatives:

The Formula Mandated by the Constitution

Section 5, Article VI of the Constitution provides:

Section 5. (1) The House of Representatives shall be composed of not more than two hundredand fifty members, unless otherwise fixed by law, who shall be elected from legislative districtsapportioned among the provinces, cities, and the Metropolitan Manila area in accordance with thenumber of their respective inhabitants, and on the basis of a uniform and progressive ratio, and thosewho, as provided by law, shall be elected through a party-list system of registered national, regional, andsectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number ofrepresentatives including those under the party-list. For three consecutive terms after the ratification ofthis Constitution, one-half of the seats allocated to party-list representatives shall be filled, as providedby law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities,women, youth, and such other sectors as may be provided by law, except the religious sector.


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The first paragraph of Section 11 of R.A. No. 7941 reads:

Section 11. Number of Party-List Representatives. The party-list representatives shallconstitute twenty per centum (20%) of the total number of the members of the House ofRepresentatives including those under the party-list.

x x x

Section 5(1), Article VI of the Constitution states that the House of Representatives shall becomposed of not more than two hundred and fifty members, unless otherwise fixed by law. The Houseof Representatives shall be composed of district representatives and party-list representatives. TheConstitution allows the legislature to modify the number of the members of the House ofRepresentatives.

Section 5(2), Article VI of the Constitution, on the other hand, states the ratio of party-listrepresentatives to the total number of representatives. We compute the number of seats available toparty-list representatives from the number of legislative districts. On this point, we do not deviate fromthe first formula in Veterans, thus:

Number of seats available to legislative districts

x .20 =Number of seats available to

party-list representatives

.80


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This formula allows for the corresponding increase in the number of seats available for party-listrepresentatives whenever a legislative district is created by law. Since the 14th Congress of thePhilippines has 220 district representatives, there are 55 seats available to party-list representatives.

220x .20 =55

.80

After prescribing the ratio of the number of party-list representatives to the total number ofrepresentatives, the Constitution left the manner of allocating the seats available to party-listrepresentatives to the wisdom of the legislature.

Allocation of Seats for Party-List Representatives:

The Statutory Limits Presented by the Two Percent Threshold

and the Three-Seat Cap

All parties agree on the formula to determine the maximum number of seats reserved under theParty-List System, as well as on the formula to determine the guaranteed seats to party-list candidatesgarnering at least two-percent of the total party-list votes. However, there are numerous interpretations


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of the provisions of R.A. No. 7941 on the allocation of additional seats under the Party -List System.Veterans produced the First Party Rule,*20+ and Justice Vicente V. Mendozas dissent in Vetera nspresented Germanys Niemeyer formula*21+ as an alternative.

The Constitution left to Congress the determination of the manner of allocating the seats forparty-list representatives. Congress enacted R.A. No. 7941, paragraphs (a) and (b) of Section 11 andSection 12 of which provide:

Section 11. Number of Party-List Representatives. x x x

In determining the allocation of seats for the second vote,[22] the following procedure shall beobserved:

(a) The parties, organizations, and coalitions shall be ranked from the highest to the lowest based onthe number of votes they garnered during the elections.

(b) The parties, organizations, and coalitions receiving at least two percent (2%) of the total votescast for the party-list system shall be entitled to one seat each: Provided, That those garnering morethan two percent (2%) of the votes shall be entitled to additional seats in proportion to their totalnumber of votes: Provided, finally, That each party, organization, or coalition shall be entitled to notmore than three (3) seats.

Section 12. Procedure in Allocating Seats for Party-List Representatives. The COMELEC shalltally all the votes for the parties, organizations, or coalitions on a nationwide basis, rank them accordingto the number of votes received and allocate party-list representatives proportionately according to thepercentage of votes obtained by each party, organization, or coalition as against the total nationwidevotes cast for the party-list system. (Emphasis supplied)


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In G.R. No. 179271, BANAT presents two interpretations through three formulas to allocate party-list representative seats.

The first interpretation allegedly harmonizes the provisions of Section 11(b) on the 2%requirement with Section 12 of R.A. No. 7941. BANAT described this procedure as follows:

(a) The party-list representatives shall constitute twenty percent (20%) of the total Members of theHouse of Representatives including those from the party-list groups as prescribed by Section 5, Article VIof the Constitution, Section 11 (1st par.) of RA 7941 and Comelec Resolution No. 2847 dated 25 June1996. Since there are 220 District Representatives in the 14th Congress, there shall be 55 Party-ListRepresentatives. All seats shall have to be proclaimed.

(b) All party-list groups shall initially be allotted one (1) seat for every two per centum (2%) of thetotal party-list votes they obtained; provided, that no party-list groups shall have more than three (3)seats (Section 11, RA 7941).

(c) The remaining seats shall, after deducting the seats obtained by the party-list groups under theimmediately preceding paragraph and after deducting from their total the votes corresponding to thoseseats, the remaining seats shall be allotted proportionately to all the party-list groups which have notsecured the maximum three (3) seats under the 2% threshold rule, in accordance with Section 12 of RA7941.[23]

Forty-four (44) party- list seats will be awarded under BANATs first interpretation.


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The second interpretation presented by BANAT assumes that the 2% vote requirement is declaredunconstitutional, and apportions the seats for party-list representatives by following Section 12 of R.A.No. 7941. BANAT states that the COMELEC:

(a) shall tally all the votes for the parties, organizations, or coalitions on a nationwide basis;

(b) rank them according to the number of votes received; and,

(c) allocate party-list representatives proportionately according to the percentage of votes obtainedby each party, organization or coalition as against the total nationwide votes cast for the party-listsystem.[24]

BANAT used two formulas to obtain the same results: one is based on the proportional percentage ofthe votes received by each party as against the total nationwide party- list votes, and the other is bymaking the votes of a party-list with a median percentage of votes as the divisor in computing theallocation of seats.*25+ Thirty -four (34) party- list seats will be awarded under BANATs secondinterpretation.

In G.R. No. 179295, Bayan Muna, Abono, and A Teacher criticize both the COMELECs original 2 -4-6formula and the Veterans formula for systematically preventing all the party-list seats from being filledup. They claim that both formulas do not factor in the total number of seats alloted for the entire Party-List System. Bayan Muna, Abono, and A Teacher reject the three-seat cap, but accept the 2%threshold. After determining the qualified parties, a second percentage is generated by dividing thevotes of a qualified party by the total votes of all qualified parties only. The number of seats allocatedto a qualified party is computed by multiplying the total party-list seats available with the secondpercentage. There will be a first round of seat allocation, limited to using the whole integers as theequivalent of the number of seats allocated to the concerned party-list. After all the qualified partiesare given their seats, a second round of seat allocation is conducted. The fractions, or remainders, fromthe whole integers are ranked from highest to lowest and the remaining seats on the basis of thisranking are allocated until all the seats are filled up.[26]

We examine what R.A. No. 7941 prescribes to allocate seats for party-list representatives.


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Section 11(a) of R.A. No. 7941 prescribes the ranking of the participating parties from the highest

to the lowest based on the number of votes they garnered during the elections.

Table 1. Ranking of the participating parties from the highest to the lowest based on the number ofvotes garnered during the elections.[27]

RankPartyVotes GarneredRankPartyVotes Garnered

1BUHAY1,169,23448KALAHI88,868

2BAYAN MUNA979,03949APOI79,386

3CIBAC755,68650


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BP78,541

4GABRIELA

621,17151AHONBAYAN78,424

5APEC619,65752BIGKIS77,327

6A TEACHER490,37953PMAP75,200

7AKBAYAN466,11254AKAPIN74,686

8ALAGAD423,14955PBA71,544

9COOP-NATCCO409,88356


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GRECON62,220

10BUTIL

409,16057BTM60,993

11BATAS385,81058A SMILE58,717

12ARC374,28859NELFFI57,872

13ANAKPAWIS370,26160AKSA57,012

14ABONO339,99061BAGO55,846

15AMIN338,18562


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BANDILA54,751

16AGAP

328,72463AHON54,522

17AN WARAY321,50364ASAHAN MO51,722

18YACAP310,88965AGBIAG!50,837

19FPJPM300,92366SPI50,478

20UNI-MAD245,38267BAHANDI46,612

21ABS235,08668


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ADD45,624

22KAKUSA

228,99969AMANG43,062

23KABATAAN228,63770ABAY PARAK42,282

24ABA-AKO218,81871BABAE KA36,512

25ALIF217,82272SB34,835

26SENIOR CITIZENS213,05873ASAP34,098

27AT197,87274


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AAPS26,271

341-UTAK

164,98081HAPI25,781

35TUCP162,64782AAWAS22,946

36COCOFED155,92083SM20,744

37AGHAM146,03284AG16,916

38ANAK141,81785AGING PINOY16,729

39ABANSE! PINAY130,35686


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APO16,421

40PM

119,05487BIYAYANG BUKID16,241

41AVE110,76988ATS14,161

42SUARA110,73289UMDJ9,445

43ASSALAM110,44090BUKLOD FILIPINA8,915

44DIWA107,02191LYPAD8,471

45ANC99,63692


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AA-KASOSYO8,406

46SANLAKAS

97,37593KASAPI6,221

47ABC90,058

TOTAL15,950,900

The first clause of Section 11(b) of R.A. No. 7941 states that parties, organizations, and coalitionsreceiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled toone seat each. This clause guarantees a seat to the two -percenters. In Table 2 below, we use the first20 party-list candidates for illustration purposes. The percentage of votes garnered by each party isarrived at by dividing the number of votes garnered by each party by 15,950,900, the total number ofvotes cast for all party-list candidates.

Table 2. The first 20 party-list candidates and their respective percentage of votes garnered over thetotal votes for the party-list.[28]

RankPartyVotes GarneredVotes Garnered over Total Votes for Party-List, in %Guaranteed Seat


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1BUHAY1,169,2347.33%1

2BAYAN MUNA979,0396.14%1

3CIBAC755,6864.74%1

4GABRIELA621,1713.89%1

5APEC619,6573.88%1

6A TEACHER490,3793.07%1

7AKBAYAN466,1122.92%1


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8ALAGAD423,1492.65%1

9COOP-NATCCO409,8832.57%1

10BUTIL409,1602.57%1

11BATAS[29]385,8102.42%1

12ARC374,2882.35%1

13ANAKPAWIS370,2612.32%1

14ABONO339,9902.13%1


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15AMIN338,1852.12%1

16AGAP328,7242.06%1

17AN WARAY321,5032.02%1

Total

17

18YACAP310,8891.95%0

19FPJPM300,9231.89%0

20UNI-MAD245,3821.54%0


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From Table 2 above, we see that only 17 party-list candidates received at least 2% from the totalnumber of votes cast for party-list candidates. The 17 qualified party-list candidates, or the two-percenters, are the party-list candidates that are entitled to one seat each, or the guaranteed seat. Inthis first round of seat allocation, we distributed 17 guaranteed seats.

The second clause of Section 11(b) of R.A. No. 7941 provides that those garnering more than twopercent (2%) of the votes shall be entitled to additional seats in proportion to their total number ofvotes. This is where petitioners and intervenors problem with the formula in Veterans lies. Veteransinterprets the clause in proportion to their total number of votes to be in proportion to the votes ofthe first party. This interpretation is contrary to the express language of R.A. No. 7941.

We rule that, in computing the allocation of additional seats, the continued operation of the twopercent threshold for the distribution of the additional seats as found in the second clause of Section11(b) of R.A. No. 7941 is unconstitutional. This Court finds that the two percent threshold makes itmathematically impossible to achieve the maximum number of available party list seats when thenumber of available party list seats exceeds 50. The continued operation of the two percent thresholdin the distribution of the additional seats frustrates the attainment of the permissive ceiling that 20% ofthe members of the House of Representatives shall consist of party-list representatives.

To illustrate: There are 55 available party-list seats. Suppose there are 50 million votes cast forthe 100 participants in the party list elections. A party that has two percent of the votes cast, or onemillion votes, gets a guaranteed seat. Let us further assume that the first 50 parties all get one millionvotes. Only 50 parties get a seat despite the availability of 55 seats. Because of the operation of thetwo percent threshold, this situation will repeat itself even if we increase the available party-list seats to60 seats and even if we increase the votes cast to 100 million. Thus, even if the maximum number ofparties get two percent of the votes for every party, it is always impossible for the number of occupiedparty-list seats to exceed 50 seats as long as the two percent threshold is present.

We therefore strike down the two percent threshold only in relation to the distribution of theadditional seats as found in the second clause of Section 11(b) of R.A. No. 7941. The two percentthreshold presents an unwarranted obstacle to the full implementation of Section 5(2), Article VI of the


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allocation. First, the percentage is multiplied by the remaining available seats, 38, which is the differencebetween the 55 maximum seats reserved under the Party-List System and the 17 guaranteed seats ofthe two-percenters. The whole integer of the product of the percentage and of the remaining availableseats corresponds to a partys share in the remaining available seats. Second, we assign one part y-listseat to each of the parties next in rank until all available seats are completely distributed. We

distributed all of the remaining 38 seats in the second round of seat allocation. Finally, we apply thethree-seat cap to determine the number of seats each qualified party-list candidate is entitled. Thus:

Table 3. Distribution of Available Party-List Seats

RankPartyVotes GarneredVotes Garnered over

Total Votes for Party List, in %

(A)Guaranteed Seat


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(First Round)

(B)Additional

Seats

(Second Round)

(C)(B) plus (C), in whole integers


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(D)Applying the three seat cap

(E)

1BUHAY1,169,2347.33%12.793N.A.

2BAYAN MUNA979,0396.14%12.333N.A.

3


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N.A.

8ALAGAD423,149

2.65%11.012N.A.

9[31]COOP-NATCCO409,8832.57%112N.A.

10BUTIL409,1602.57%112N.A.

11BATAS385,8102.42%112N.A.

12ARC374,2882.35%


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112N.A.

13ANAKPAWIS370,2612.32%112N.A.

14ABONO339,9902.13%112N.A.

15AMIN338,1852.12%112N.A.

16AGAP328,7242.06%112N.A.

17


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AN WARAY321,5032.02%11

2N.A.

18YACAP310,8891.95%011N.A.

19FPJPM300,9231.89%011N.A.

20UNI-MAD245,3821.54%011N.A.

21ABS235,0861.47%011


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N.A.

22KAKUSA228,999

1.44%011N.A.

23KABATAAN228,6371.43%011N.A.

24ABA-AKO218,8181.37%011N.A.

25ALIF217,8221.37%011N.A.

26SENIOR CITIZENS213,0581.34%


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011N.A.

27AT197,8721.24%011N.A.

28VFP196,2661.23%011N.A.

29ANAD188,5211.18%011N.A.

30BANAT177,0281.11%011N.A.

31


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N.A.

36COCOFED155,920

0.98%011N.A.

Total

17

55

Applying the procedure of seat allocation as illustrated in Table 3 above, there are 55 party-listrepresentatives from the 36 winning party-list organizations. All 55 available party-list seats are filled.The additional seats allocated to the parties with sufficient number of votes for one whole seat, in nocase to exceed a total of three seats for each party, are shown in column (D).

Participation of Major Political Parties in Party-List Elections

The Constitutional Commission adopted a multi-party system that allowed all political parties toparticipate in the party-list elections. The deliberations of the Constitutional Commission clearly bearthis out, thus:


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MR. MONSOD. Madam President, I just want to say that we suggested or proposed the party listsystem because we wanted to open up the political system to a pluralistic society through a multipartysystem. x x x We are for opening up the system, and we would like very much for the sectors to bethere. That is why one of the ways to do that is to put a ceiling on the number of representatives fromany single party that can sit within the 50 allocated under the party list system. x x x.

x x x

MR. MONSOD. Madam President, the candidacy for the 198 seats is not limited to politicalparties. My question is this: Are we going to classify for example Christian Democrats and SocialDemocrats as political parties? Can they run under the party list concept or must they be under thedistrict legislation side of it only?

MR. VILLACORTA. In reply to that query, I think these parties that the Commissioner mentionedcan field candidates for the Senate as well as for the House of Representatives. Likewise, they can alsofield sectoral candidates for the 20 percent or 30 percent, whichever is adopted, of the seats that we areallocating under the party list system.

MR. MONSOD. In other words, the Christian Democrats can field district candidates and can alsoparticipate in the party list system?

MR. VILLACORTA. Why not? When they come to the party list system, they will be fielding onlysectoral candidates.

MR. MONSOD. May I be clarified on that? Can UNIDO participate in the party list system?

MR. VILLACORTA. Yes, why not? For as long as they field candidates who come from thedifferent marginalized sectors that we shall designate in this Constitution.


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MR. MONSOD. Suppose Senator Taada wants to run under BAYAN group and says that herepresents the farmers, would he qualify?

MR. VILLACORTA. No, Senator Taada would not qualify.

MR. MONSOD. But UNIDO can field candidates under the party list system and say Juan dela Cruzis a farmer. Who would pass on whether he is a farmer or not?

MR. TADEO. Kay Commissioner Monsod, gusto ko lamang linawin ito. Political parties,particularly minority political parties, are not prohibited to participate in the party list election if theycan prove that they are also organized along sectoral lines.

MR. MONSOD. What the Commissioner is saying is that all political parties can participatebecause it is precisely the contention of political parties that they represent the broad base of citizensand that all sectors are represented in them. Would the Commissioner agree?

MR. TADEO. Ang punto lamang namin, pag pinayagan mo ang UNIDO na isang political party, itwill dominate the party list at mawawalang saysay din yung sector. Lalamunin mismo ng political partiesang party list system. Gusto ko lamang bigyan ng diin ang reserve. Hindi ito reserve seat samarginalized sectors. Kung titingnan natin itong 198 seats, reserved din ito sa political parties.

MR. MONSOD. Hindi po reserved iyon kasi anybody can run there. But my question toCommissioner Villacorta and probably also to Commissioner Tadeo is that under this system, wouldUNIDO be banned from running under the party list system?


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that there is no reason at all why political parties and mass organizations should not combine,reenforce, influence and interact with each other so that the very objectives that we set in thisConstitution for sectoral representation are achieved in a wider, more lasting, and more institutionalizedway. Therefore, I support this [Monsod-Villacorta] amendment. It installs sectoral representation as aconstitutional gift, but at the same time, it challenges the sector to rise to the majesty of being elected

representatives later on through a party list system; and even beyond that, to become actual politicalparties capable of contesting political power in the wider constitutional arena for major political parties.

x x x [32] (Emphasis supplied)

R.A. No. 7941 provided the details for the concepts put forward by the Constitutional Commission.Section 3 of R.A. No. 7941 reads:

Definition of Terms. (a) The party-list system is a mechanism of proportional representation in theelection of representatives to the House of Representatives from national, regional and sectoral partiesor organizations or coalitions thereof registered with the Commission on Elections (COMELEC).Component parties or organizations of a coalition may participate independently provided the coalitionof which they form part does not participate in the party-list system.

(b) A party means either a political party or a sectoral party or a coalition of parties.

(c) A political party refers to an organized group of citizens advocating an ideology or platform,principles and policies for the general conduct of government and which, as the most immediate meansof securing their adoption, regularly nominates and supports certain of its leaders and members ascandidates for public office.

It is a national party when its constituency is spread over the geographical territory of at least amajority of the regions. It is a regional party when its constituency is spread over the geographicalterritory of at least a majority of the cities and provinces comprising the region.


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(d) A sectoral party refers to an organized group of citizens belonging to any of the sectorsenumerated in Section 5 hereof whose principal advocacy pertains to the special interests and concernsof their sector,

(e) A sectoral organization refers to a group of citizens or a coalition of groups of citizens whoshare similar physical attributes or characteristics, employment, interests or concerns.

(f) A coalition refers to an aggrupation of duly registered national, regional, sectoral parties ororganizations for political and/or election purposes.

Congress, in enacting R.A. No. 7941, put the three-seat cap to prevent any party from dominating theparty-list elections.

Neither the Constitution nor R.A. No. 7941 prohibits major political parties from participating inthe party-list system. On the contrary, the framers of the Constitution clearly intended the majorpolitical parties to participate in party-list elections through their sectoral wings. In fact, the membersof the Constitutional Commission voted down, 19-22, any permanent sectoral seats, and in thealternative the reservation of the party- list system to the sectoral groups.*33+ In defining a party thatparticipates in party- list elections as either a political party or a sectoral party, R.A. No. 7941 alsoclearly intended that major political parties will participate in the party-list elections. Excluding themajor political parties in party-list elections is manifestly against the Constitution, the intent of theConstitutional Commission, and R.A. No. 7941. This Court cannot engage in socio-political engineeringand judicially legislate the exclusion of major political parties from the party-list elections in patentviolation of the Constitution and the law.

Read together, R.A. No. 7941 and the deliberations of the Constitutional Commission state thatmajor political parties are allowed to establish, or form coalitions with, sectoral organizations forelectoral or political purposes. There should not be a problem if, for example, the Liberal Partyparticipates in the party-list election through the Kabataang Liberal ng Pilipinas (KALIPI), its sectoralyouth wing. The other major political parties can thus organize, or affiliate with, their chosen sector orsectors. To further illustrate, the Nacionalista Party can establish a fisherfolk wing to participate in the


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party-list election, and this fisherfolk wing can field its fisherfolk nominees. Kabalikat ng MalayangPilipino (KAMPI) can do the same for the urban poor.

The qualifications of party-list nominees are prescribed in Section 9 of R.A. No. 7941:

Qualifications of Party-List Nominees. No person shall be nominated as party-listrepresentative unless he is a natural born citizen of the Philippines, a registered voter, a resident of thePhilippines for a period of not less than one (1) year immediately preceding the day of the elections,able to read and write, bona fide member of the party or organization which he seeks to represent for atleast ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age onthe day of the election.

In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more thanthirty (30) years of age on the day of the election. Any youth sectoral representative who attainsthe age of thirty (30) during his term shall be allowed to continue until the expiration of his term.

Under Section 9 of R.A. No. 7941, it is not necessary that the party- list organizations nominee wallowin poverty, destitution and infirmity*34+ as there is no financial status required in th e law. It is enoughthat the nominee of the sectoral party/organization/coalition belongs to the marginalized andunderrepresented sectors,[35] that is, if the nominee represents the fisherfolk, he or she must be afisherfolk, or if the nominee represents the senior citizens, he or she must be a senior citizen.

Neither the Constitution nor R.A. No. 7941 mandates the filling-up of the entire 20% allocation ofparty-list representatives found in the Constitution. The Constitution, in paragraph 1, Section 5 ofArticle VI, left the determination of the number of the members of the House of Representatives toCongress: The House of Representatives shall be composed of not more than two hundred and fiftymembers, unless otherwise fixed by law, x x x. The 20% allocation of party -list representatives ismerely a ceiling; party-list representatives cannot be more than 20% of the members of the House ofRepresentatives. However, we cannot allow the continued existence of a provision in the law which willsystematically prevent the constitutionally allocated 20% party-list representatives from being filled.


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The three-seat cap, as a limitation to the number of seats that a qualified party-list organization mayoccupy, remains a valid statutory device that prevents any party from dominating the party-listelections. Seats for party-list representatives shall thus be allocated in accordance with the procedureused in Table 3 above.

However, by a vote of 8-7, the Court decided to continue the ruling in Veterans disallowing majorpolitical parties from participating in the party-list elections, directly or indirectly. Those who voted tocontinue disallowing major political parties from the party-list elections joined Chief Justice Reynato S.Puno in his separate opinion. On the formula to allocate party-list seats, the Court is unanimous inconcurring with this ponencia.

WHEREFORE, we PARTIALLY GRANT the petition. We SET ASIDE the Resolution of the COMELECdated 3 August 2007 in NBC No. 07-041 (PL) as well as the Resolution dated 9 July 2007 in NBC No. 07-60. We declare unconstitutional the two percent threshold in the distribution of additional party-listseats. The allocation of additional seats under the Party-List System shall be in accordance with theprocedure used in Table 3 of this Decision. Major political parties are disallowed from participating inparty-list elections. This Decision is immediately executory. No pronouncement as to costs.

SO ORDERED.

ANTONIO T. CARPIO

Associate Justice


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WE CONCUR:

REYNATO S. PUNOChief Justice

LEONARDO A. QUISUMBING

Associate Justice

CONSUELO YNARES-SANTIAGO

Associate Justice


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MA. ALICIA AUSTRIA-MARTINEZ

Associate Justice

RENATO C. CORONA

Associate Justice

CONCHITA CARPIO MORALES

Associate Justice

DANTE O. TINGA

Associate Justice

MINITA V. CHICO-NAZARIO

Associate Justice

PRESBITERO J. VELASCO, JR.

Associate Justice


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ANTONIO EDUARDO B. NACHURA

Associate Justice

ARTURO D. BRION

Associate Justice

TERESITA J. LEONARDO-DE CASTRO

Associate Justice


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DIOSDADO M. PERALTA

Associate Justice

LUCAS P. BERSAMIN

Associate Justice

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the aboveDecision had been reached in consultation before the case was assigned to the writer of the opinion ofthe Court.


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REYNATO S. PUNOChief Justice

--------------------------------------------------------------------------------


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[19] Supra note 5 at 424.

[20] Id. at 446-451. We quote below the discussion in Veterans explaining the First Party Rule:

Formula for Determining

Additional Seats for the First Party

Now, how do we determine the number of seats the first party is entitled to? The only basisgiven by the law is that a party receiving at least two percent of the total votes shall be entitled to oneseat. Proportionally, if the first party were to receive twice the number of votes of the second party, itshould be entitled to twice the latters number of seats and so on. The formula, ther efore, forcomputing the number of seats to which the first party is entitled is as follows:

Number of votes

of first party Proportion of votes of

-------------------- = first party relative to

Total votes for total votes for party-list system

party -list system

If the proportion of votes received by the first party without rounding it off is equal to at leastsix percent of the total valid votes cast for all the party list groups, then the first party shall be entitled totwo additional seats or a total of three seats overall. If the proportion of votes without a rounding off isequal to or greater than four percent, but less than six percent, then the first party shall have oneadditional or a total of two seats. And if the proportion is less than four percent, then the first party shallnot be entitled to any additional seat.


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We adopted this six percent bench mark, because the first party is not always entitled to themaximum number of additional seats. Likewise, it would prevent the allotment of more than the totalnumber of available seats, such as in an extreme case wherein 18 or more parties tie for the highestrank and are thus entitled to three seats each. In such scenario, the number of seats to which all theparties are entitled may exceed the maximum number of party-list seats reserved in the House of

Representatives.

x x x

Note that the above formula will be applicable only in determining the number of additionalseats the first party is entitled to. It cannot be used to determine the number of additional seats of theother qualified parties. As explained earlier, the use of the same formula for all would contravene theproportional representation parameter. For example, a second party obtains six percent of the totalnumber of votes cast. According to the above formula, the said party would be entitled to twoadditional seats or a total of three seats overall. However, if the first party received a significantly higheramount of votes say, twenty percent to grant it the same number of seats as the second partywould violate the statutory mandate of proportional representation, since a party getting only sixpercent of the votes will have an equal number of representatives as the one obtaining twenty percent.The proper solution, therefore, is to grant the first party a total of three seats; and the party receiving sixpercent, additional seats in proportion to those of the first party.

Formula for Additional

Seats of Other Qualified Parties

Step Three The next step is to solve for the number of additional seats that the other qualifiedparties are entitled to, based on proportional representation. The formula is encompassed by thefollowing complex fraction:

No. of votes of


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concerned party

------------------

Total no. of votes

Additional seats for party-list system No. of additional

for concerned = ----------------------- x seats allocated to

party No. of votes of the first party

first party

--------------

Total no. of votes

for party list system

In simplified form, it is written as follows:

No. of votes of

Additional seats concerned party No. ofadditional

for concerned = ------------------ x seats allocated to

party No. of votes of the first party

first party

x x x


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Incidentally, if the first party is not entitled to any additional seat, then the ratio of the numberof votes for the other party to that for the first one is multiplied by zero. The end result would be zeroadditional seat for each of the other qualified parties as well.

The above formula does not give an exact mathematical representation of the number ofadditional seats to be awarded since, in order to be entitled to one additional seat, an exact wholenumber is necessary. In fact, most of the actual mathematical proportions are not whole numbers andare not rounded off for the reasons explained earlier. To repeat, rounding off may result in the awardingof a number of seats in excess of that provided by the law. Furthermore, obtaining absoluteproportional representation is restricted by the three-seat-per-party limit to a maximum of twoadditional slots. An increase in the maximum number of additional representatives a party may beentitled to would result in a more accurate proportional representation. But the law itself has set thelimit: only two additional seats. Hence, we need to work within such extant parameter.

[21] Id. at 475-481.

[22] The second vote cast by a registered voter is for the party-list candidates as provided inSection 10 of R.A. No. 7941.

[23] Rollo (G.R. No. 179271), p. 47.

[24] Id. at 48.

[25] Id. at 1076.

[26] Rollo (G.R. No. 179295), pp. 66-81.

[27] Rollo (G.R. No. 179271), pp. 969-974; rollo (G.R. No. 179295), pp. 798-803. Party-List CanvassReport No. 32, as of 31 August 2007, 6:00 p.m.

[28] Id.

[29] Proclamation deferred by COMELEC.

[30] Section 2, R.A. No. 7941.


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[31] The product of the percentage and the remaining available seats of all parties ranked nine andbelow is less than one.

[32] II Record, Constitutional Commission 256-257 (25 July 1986), 568 (1 August 1986).

[33] Id. at 584 (1 August 1986). Dissenting opinion of Justice Jose C. Vitug in Ang Bagong Bayani-OFW Labor Party v. COMELEC, 412 Phil. 308, 350 (2001).

[34] Ang Bagong Bayani-OFW Labor Party v. COMELEC, 412 Phil. 308, 336 (2001).

[35] Section 2, R.A. No. 7941.

Documents

46. banat v COMELEC GR 179271.docx