Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. 179271
April 21, 2009
BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND TRANSPARENCY
(BANAT), Petitioner,
vs.
COMMISSION ON ELECTIONS (sitting as the National Board of Canvassers), Respondent.
ARTS BUSINESS AND SCIENCE PROFESSIONALS, Intervenor.
AANGAT TAYO, Intervenor.
COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. (SENIOR
CITIZENS), Intervenor.
G.R. No. 179295
April 21, 2009
BAYAN MUNA, ADVOCACY FOR TEACHER EMPOWERMENT THROUGH ACTION,
COOPERATION AND HARMONY TOWARDS EDUCATIONAL REFORMS, INC., and
ABONO, Petitioners,
vs.
COMMISSION ON ELECTIONS, Respondent.
DECISION
CARPIO, J.:
The Case
Petitioner in G.R. No. 179271 Barangay Association for National Advancement and Transparency
(BANAT) in a petition for certiorari and mandamus, assails the Resolution promulgated on 3
August 2007 by the Commission on Elections (COMELEC) in NBC No. 07-041 (PL). The
COMELECs 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 being moot. BANAT filed before the COMELEC En Banc, acting as NBC, a Petition to
Proclaim the Full Number of 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 Empowerment
Through Action, Cooperation and Harmony Towards Educational Reforms (A Teacher) in a
petition for certiorari with mandamus and prohibition, assails NBC Resolution No. 0760 promulgated on 9 July 2007. NBC No. 07-60 made a partial proclamation of parties,
organizations and coalitions that obtained at least two percent of the total votes cast under the PartyList System. The COMELEC announced that, upon completion of the canvass of the party-list
results, it would determine the total number of seats of each winning party, organization, or coalition
in accordance with Veterans Federation Party v. COMELEC (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.
The Facts
The 14 May 2007 elections included the elections for the party-list representatives. The COMELEC
counted 15,950,900 votes cast for 93 parties under the Party-List System.
1

On 27 June 2007, BANAT filed a Petition to Proclaim the Full Number of Party-List Representatives
Provided by the Constitution, docketed as NBC No. 07-041 (PL) before the NBC. BANAT filed its
petition because [t]he Chairman and the Members of the [COMELEC] have recently been quoted in
the national papers that the [COMELEC] is duty bound to and shall implement the Veterans ruling,
that is, would apply the Panganiban formula in allocating party-list seats. There were no intervenors
in BANATs petition 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. NBC
Resolution 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),
Gabrielas Women Party (Gabriela), Association of Philippine Electric Cooperatives (APEC), A
Teacher, Akbayan! Citizens Action Party (AKBAYAN), Alagad, Luzon Farmers Party (BUTIL),
Cooperative-Natco Network Party (COOP-NATCCO), Anak Pawis, Alliance of Rural Concerns
(ARC), and Abono. We quote NBC Resolution No. 07-60 in its entirety below:
WHEREAS, the Commission on Elections sitting en banc as National Board of Canvassers, thru its
Sub-Committee for Party-List, as of 03 July 2007, had officially canvassed, in open and public
proceedings, 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
and Local Elections conducted last 14 May 2007;
WHEREAS, the study conducted by the Legal and Tabulation Groups of the National Board of
Canvassers reveals that the projected/maximum total party-list votes cannot go any higher
than sixteen million seven hundred twenty three thousand one hundred twenty-one
(16,723,121) votes given the following statistical data:
Projected/Maximum Party-List Votes for May 2007 Elections
Total party-list votes
15,283,659
already
canvassed/tabulated
Total party-list votes
remaining
uncanvassed/
1,337,032
untabulated (i.e.
canvass deferred)
7

Maximum party-list
votes (based on
100% outcome) from
areas not yet
submitted for
canvass (Bogo,
102,430
Cebu; Bais City;
Pantar, Lanao del
Norte; and
Pagalungan,
Maguindanao)
Maximum Total Party-List Votes

16,723,121

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 votes cast
for the party-list system shall be entitled to one seat each: provided, that those garnering more than

two percent (2%) of the votes shall be entitled to additional seats in proportion to their total number
of votes: provided, finally, that each party, organization, or coalition shall be entitled to not more than
three (3) seats.
WHEREAS, for the 2007 Elections, based on the above projected total of party-list votes, the
presumptive two percent (2%) threshold can be pegged at three hundred thirty four thousand
four hundred 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
additional seats 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
completely canvassed;
WHEREAS, the parties, organizations, and coalitions that have thus far garnered at least three
hundred thirty four thousand four hundred sixty-two (334,462) votes are as follows:
PARTY/O VOT
R
RGANIZA ES
A
TION/
REC
N
COALITIO EIV
K
N
ED
1,16
1 BUHAY
3,21
8
BAYAN
MUNA

972,
730

3 CIBAC

760,
260

4 GABRIELA

610,
451

5 APEC

538,
971

A
476,
TEACHER 036

7 AKBAYAN

470,
872

8 ALAGAD

423,
076

9 BUTIL

405,
052

COOPNATCO

390,
029

11 BATAS

386,
361

ANAK
PAWIS

376,
036

10

12

13 ARC

338,

194
14 ABONO

337,
046

WHEREAS, except for Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS),

against which an URGENT PETITION FOR CANCELLATION/REMOVAL OF REGISTRATION AND
DISQUALIFICATION 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 and coalitions 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 Election
Code, Executive Order No. 144, Republic Act Nos. 6646, 7166, 7941, and other election laws, the
Commission on Elections, sitting en banc as the National Board of Canvassers, hereby RESOLVES
to PARTIALLY PROCLAIM, subject to certain conditions set forth below, the following parties,
organizations and coalitions participating under the Party-List System:
1 Buhay Hayaan Yumabong
BUHAY
2 Bayan Muna

BAYAN MUNA

3 Citizens Battle Against Corruption

CIBAC

4 Gabriela Womens Party

GABRIELA

5 Association of Philippine Electric Cooperatives

APEC

Advocacy for Teacher Empowerment Through

6 Action, Cooperation and Harmony Towards
Educational Reforms, Inc.

A TEACHER

7 Akbayan! Citizens Action Party

AKBAYAN

8 Alagad

ALAGAD

9 Luzon Farmers Party

BUTIL

1
Cooperative-Natco Network Party
0

COOP-NATCCO

11 Anak Pawis

ANAKPAWIS

1
Alliance of Rural Concerns
2

ARC

1
Abono
3

ABONO

This is without prejudice to the proclamation of other parties, organizations, or coalitions which may
later on be established to have obtained at least two percent (2%) of the total actual votes cast
under the Party-List System.
The total number of seats of each winning party, organization or coalition shall be determined
pursuant to Veterans Federation Party versus COMELEC formula upon completion of the canvass of
the party-list results.
The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS) is
hereby deferred until final resolution of SPC No. 07-250, in order not to render the proceedings
therein moot and academic.
Finally, all proclamation of the nominees of concerned parties, organizations and coalitions with
pending disputes shall likewise be held in abeyance until final resolution of their respective cases.
Let the Clerk of the Commission implement this Resolution, furnishing a copy thereof to the Speaker
of the House of Representatives of the Philippines.

SO ORDERED. (Emphasis in the original)

Pursuant to NBC Resolution No. 07-60, the COMELEC, acting as NBC, promulgated NBC
Resolution No. 07-72, which declared the additional seats allocated to the appropriate parties. We
quote from the COMELECs interpretation of the Veterans formula as found in NBC Resolution No.
07-72:
WHEREAS, on July 9, 2007, the Commission on Elections sitting en banc as the National Board of
Canvassers proclaimed thirteen (13) qualified parties, organization[s] and coalitions based on the
presumptive two percent (2%) threshold of 334,462 votes from the projected maximum total number
of party-list votes of 16,723,121, and were thus given one (1) guaranteed party-list seat each;
WHEREAS, per Report of the Tabulation Group and Supervisory Committee of the National Board of
Canvassers, the projected maximum total party-list votes, as of July 11, 2007, based on the votes
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
projected maximum total votes for the thirteen (13) qualified parties, organizations and coalition[s]
are as follows:
Party-List
Projected total number of votes
1 BUHAY
1,178,747
8

2 BAYAN MUNA 977,476

3 CIBAC

755,964

4 GABRIELA

621,718

5 APEC

622,489

6 A TEACHER

492,369

7 AKBAYAN

462,674

8 ALAGAD

423,190

9 BUTIL

409,298

10 COOP-NATCO 412,920
11 ANAKPAWIS

370,165

12 ARC

375,846

13 ABONO

340,151
WHEREAS, based on the above Report, Buhay Hayaan Yumabong (Buhay) obtained the highest
number of votes among the thirteen (13) qualified parties, organizations and coalitions, making it the
first party in accordance with Veterans Federation Party versus COMELEC, reiterated in Citizens
Battle Against Corruption (CIBAC) versus COMELEC;
WHEREAS, qualified parties, organizations and coalitions participating under the party-list system of
representation that have obtained one guaranteed (1) seat may be entitled to an additional seat or
seats based on the formula prescribed by the Supreme Court in Veterans;
WHEREAS, in determining the additional seats for the first party, the correct formula as expressed
in Veterans, is:
Proportion of
votes of first
Number of votes of first
party relative
party______________________Total votes for = to total votes
party-list system
for
party-list
system

wherein the proportion of votes received by the first party (without rounding off) shall entitle it to
additional seats:
Proportion of votes received
Additional seats
by the first party
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.
WHEREAS, in determining the additional seats for the other qualified parties, organizations and
coalitions, the correct formula as expressed in Veterans and reiterated in CIBAC is, as follows:
No. of votes of
No. of
Additional
concerned partyadditional
seats for
= ______________No. of votes x seats
a concerned
of
allocated
party
first party
to first party
WHEREAS, applying the above formula, the results are as follows:
Party List
Percentage
Additional Seat
BAYAN MUNA
1.65
1
CIBAC

1.28

GABRIELA

1.05

APEC

1.05

A TEACHER

0.83

AKBAYAN

0.78

ALAGAD

0.71

BUTIL

0.69

COOP-NATCO

0.69

ANAKPAWIS

0.62

ARC

0.63

ABONO

0.57
0
NOW THEREFORE, by virtue of the powers vested in it by the Constitution, Omnibus Election Code,
Executive Order No. 144, Republic Act Nos. 6646, 7166, 7941 and other elections laws, the
Commission on Elections en banc sitting as the National Board of Canvassers, hereby RESOLVED,
as it hereby RESOLVES, to proclaim the following parties, organizations or coalitions as entitled to
additional seats, to wit:
Party List Additional Seats
BUHAY

BAYAN MUNA 1
CIBAC

GABRIELA

APEC

1
This is without prejudice to the proclamation of other parties, organizations or coalitions which may
later on be established to have obtained at least two per cent (2%) of the total votes cast under the
party-list system to entitle them to one (1) guaranteed seat, or to the appropriate percentage of votes
to entitle them to one (1) additional seat.
Finally, all proclamation of the nominees of concerned parties, organizations and coalitions with
pending 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 copy
hereof to the Speaker of the House of Representatives of the Philippines.
SO ORDERED.
Acting on BANATs petition, the NBC promulgated NBC Resolution 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 Provided by
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 and
Transparency (BANAT) party-list, Atty. Alioden D. Dalaig, Head, National Board of Canvassers Legal
Group submitted his comments/observations and recommendation thereon [NBC 07-041 (PL)],
which reads:
COMMENTS / OBSERVATIONS:
Petitioner Barangay Association for National Advancement and Transparency (BANAT), in its Petition
to Proclaim the Full Number of Party-List Representatives Provided by the Constitution prayed for
the following reliefs, to wit:
1. That the full number twenty percent (20%) of Party-List representatives as mandated by
Section 5, Article VI of the Constitution shall be proclaimed.
2. Paragraph (b), Section 11 of RA 7941 which prescribes the 2% threshold votes, should be
harmonized with Section 5, Article VI of the Constitution and with Section 12 of the same RA 7941 in
that 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 the
votes 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 total nationwide votes cast in the party-list election, after deducting the corresponding votes of
those which were allotted seats under the 2% threshold rule. In fine, the formula/procedure
prescribed in the ALLOCATION 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-list groups 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 the
procedure in allocating seats for party-list representative prescribed by Section 12 of RA 7941 shall
be followed.
R E C O M M E N D A T I O N:
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
of the Canvass of Votes and Partial Proclamation of the Parties, Organizations and Coalitions
Participating Under the Party-List System During the May 14, 2007 National and Local
9

Elections resolved among others that the total number of seats of each winning party, organization
or
coalition
shall
be
determined
pursuant
to
the Veterans
Federation
Party versus COMELEC formula upon completion of the canvass of the party-list results.
WHEREFORE, premises considered, the National Board of Canvassers RESOLVED, as it hereby
RESOLVES, to approve and adopt the recommendation of Atty. Alioden D. Dalaig, Head, NBC Legal
Group, to DENY the herein petition of BANAT for being moot and academic.
Let the Supervisory Committee implement this resolution.
SO ORDERED.
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, to
reconsider its decision to use the Veterans formula as stated in its NBC Resolution No. 07-60
because the Veterans formula is violative of the Constitution and of Republic Act No. 7941 (R.A. No.
7941). On the same day, the COMELEC denied reconsideration during the proceedings of the NBC.
Aside from the thirteen party-list organizations proclaimed on 9 July 2007, the COMELEC
proclaimed three other party-list organizations as qualified parties entitled to one guaranteed seat
under the Party-List System: Agricultural Sector Alliance of the Philippines, Inc. (AGAP), Anak
Mindanao (AMIN), and An Waray. Per the certification by COMELEC, the following party-list
organizations have been proclaimed as of 19 May 2008:
Party-List
No. of Seat(s)
10

11

12

13

14

1.1 Buhay

1.2 Bayan Muna

1.3 CIBAC

1.4 Gabriela

1.5 APEC

1.6 A Teacher

1.7 Akbayan

1.8 Alagad

1.9 Butil

15

1.10 Coop-Natco [sic] 1

1.11 Anak Pawis

1.12 ARC

1.13 Abono

1.14 AGAP

1.15 AMIN

1
The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing Sambayanan (BATAS),
against which an Urgent Petition for Cancellation/Removal of Registration and Disqualification of
Party-list Nominee (with Prayer for the Issuance of Restraining Order) has been filed before the
COMELEC, was deferred pending final resolution of SPC No. 07-250.
Issues
BANAT brought the following issues before this Court:
1. Is the twenty percent allocation for party-list representatives provided in Section 5(2), Article VI of
the Constitution mandatory or is it merely a ceiling?
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) of RA 7941
constitutional?
4. How shall the party-list representatives be allocated?
Bayan Muna, A Teacher, and Abono, on the other hand, raised the following issues in their petition:
I. Respondent Commission on Elections, acting as National Board of Canvassers, committed grave
abuse of discretion amounting to lack or excess of jurisdiction when it promulgated NBC Resolution
No. 07-60 to implement the First-Party Rule in the allocation of seats to qualified party-list
organizations 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 allocating additional seats for the First Party
violates the principle of proportional representation under RA 7941.
2. The use of two formulas in the allocation of additional seats, one for the First Party and another
for the qualifying parties, violates Section 11(b) of RA 7941.
3. The proportional relationships under the First Party Rule are different from those required under
RA 7941;
C. Violates the Four Inviolable Parameters of the Philippine party-list system as provided for under
the same case of Veterans Federation Party, et al. v. COMELEC.
II. Presuming that the Commission on Elections did not commit grave abuse of discretion amounting
to lack or excess of jurisdiction when it implemented the First-Party Rule in the allocation of seats to
qualified party-list organizations, the same being merely in consonance with the ruling in Veterans
Federations Party, et al. v. COMELEC, the instant Petition is a justiciable case as the issues involved
herein are constitutional in nature, involving the correct interpretation and implementation of RA
7941, and are of transcendental importance to our nation.
Considering the allegations in the petitions and the comments of the parties in these cases, we
defined the following issues in our advisory for the oral arguments set on 22 April 2008:
1. Is the twenty percent allocation for party-list representatives in Section 5(2), Article VI of the
Constitution mandatory or merely a ceiling?
2. Is the three-seat limit in Section 11(b) of RA 7941 constitutional?
3. Is the two percent threshold prescribed in Section 11(b) of RA 7941 to qualify for one seat
constitutional?
4. How shall the party-list representative seats be allocated?
5. Does the Constitution prohibit the major political parties from participating in the party-list
elections? If not, can the major political parties be barred from participating in the party-list
elections?
The Ruling of the Court
The petitions have partial merit. We maintain that a Philippine-style party-list election has at least
four 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 shall not
exceed twenty percent of the total membership of the House of Representatives, including those
elected under the party list;
Second, the two percent threshold only those parties garnering a minimum of two percent of the
total valid votes cast for the party-list system are qualified to have a seat in the House of
Representatives;
Third, the three-seat limit each qualified party, regardless of the number of votes it actually
obtained, is entitled to a maximum of three seats; that is, one qualifying and two additional seats;
Fourth, proportional representation the additional seats which a qualified party is entitled to shall
be computed in proportion to their total number of votes.
16

17

18

19

However, because the formula in Veterans has flaws in its mathematical interpretation of the term
proportional representation, this Court is compelled to revisit the formula for the allocation of
additional 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 hundred and
fifty members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and
those who, as provided by law, shall be elected through a party-list system of registered national,
regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party-list. For three consecutive terms after the ratification
of this Constitution, one-half 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, youth, and such other sectors as may be provided by law, except the religious
sector.
The first paragraph of Section 11 of R.A. No. 7941 reads:
Section 11. Number of Party-List Representatives. The party-list representatives shall constitute
twenty per centum (20%) of the total number of the members of the House of Representatives
including those under the party-list.
xxx
Section 5(1), Article VI of the Constitution states that the House of Representatives shall be
composed of not more than two hundred and fifty members, unless otherwise fixed by law. The
House of Representatives shall be composed of district representatives and party-list
representatives. The Constitution allows the legislature to modify the number of the members of the
House of Representatives.
Section 5(2), Article VI of the Constitution, on the other hand, states the ratio of party-list
representatives to the total number of representatives. We compute the number of seats available to
party-list representatives from the number of legislative districts. On this point, we do not deviate
from the first formula in Veterans, thus:
Number of seats
Number of seats
x.
available to
available to legislative
20
party-list
districts_________________________.80
=
representatives
This formula allows for the corresponding increase in the number of seats available for party-list
representatives whenever a legislative district is created by law. Since the 14th Congress of the
Philippines has 220 district representatives, there are 55 seats available to party-list representatives.
220____.80 x .20 = 55
After prescribing the ratio of the number of party-list representatives to the total number of
representatives, the Constitution left the manner of allocating the seats available to party-list
representatives 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 the
Party-List System, as well as on the formula to determine the guaranteed seats to party-list
candidates garnering at least two-percent of the total party-list votes. However, there are numerous
interpretations 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, and Justice Vicente V. Mendozas
dissent in Veterans presented Germanys Niemeyer formula as an alternative.
The Constitution left to Congress the determination of the manner of allocating the seats for party-list
representatives. Congress enacted R.A. No. 7941, paragraphs (a) and (b) of Section 11 and Section
12 of which provide:
Section 11. Number of Party-List Representatives. x x x
In determining the allocation of seats for the second vote, the following procedure shall be
observed:
(a) The parties, organizations, 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, organizations, and coalitions receiving at least two percent (2%) of the total votes
cast for the party-list system shall be entitled to one seat each: Provided, That those garnering
more than two percent (2%) of the votes shall be entitled to additional seats in proportion to
their total number of votes: Provided, finally, That each party, organization, or coalition shall be
entitled to not more than three (3) seats.
Section 12. Procedure in Allocating Seats for Party-List Representatives. The COMELEC shall
tally all the votes for the parties, organizations, or coalitions on a nationwide basis, rank them
according to the number of votes received and allocate party-list representatives proportionately
according to the percentage of votes obtained by each party, organization, or coalition as against the
total nationwide votes cast for the party-list system. (Emphasis supplied)
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 the
House of Representatives including those from the party-list groups as prescribed by Section 5,
Article VI of the Constitution, Section 11 (1st par.) of RA 7941 and Comelec Resolution No. 2847
dated 25 June 1996. Since there are 220 District Representatives in the 14th Congress, there shall
be 55 Party-List Representatives. 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 the
total 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 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 party-list groups which
have not secured the maximum three (3) seats under the 2% threshold rule, in accordance with
Section 12 of RA 7941.
Forty-four (44) party-list seats will be awarded under BANATs first interpretation.
The second interpretation presented by BANAT assumes that the 2% vote requirement is declared
unconstitutional, 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,
20

21

22

23

(c) allocate party-list representatives proportionately according to the percentage of votes obtained
by each party, organization or coalition as against the total nationwide votes cast for the party-list
system.
BANAT used two formulas to obtain the same results: one is based on the proportional percentage
of the votes received by each party as against the total nationwide party-list votes, and the other is
by making the votes of a party-list with a median percentage of votes as the divisor in computing the
allocation of seats. Thirty-four (34) party-list seats will be awarded under BANATs second
interpretation.
In G.R. No. 179295, Bayan Muna, Abono, and A Teacher criticize both the COMELECs original 2-46 formula and the Veterans formula for systematically preventing all the party-list seats from being
filled up. 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 the
votes of a qualified party by the total votes of all qualified parties only. The number of seats allocated
to a qualified party is computed by multiplying the total party-list seats available with the second
percentage. There will be a first round of seat allocation, limited to using the whole integers as the
equivalent of the number of seats allocated to the concerned party-list. After all the qualified parties
are given their seats, a second round of seat allocation is conducted. The fractions, or remainders,
from the whole integers are ranked from highest to lowest and the remaining seats on the basis of
this ranking are allocated until all the seats are filled up.
We examine what R.A. No. 7941 prescribes to allocate seats for party-list representatives.
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 of
votes garnered during the elections.
Votes
Votes
Rank Party
Rank Party
Garnered
Garnered
24

25

26

27

BUHAY

1,169,234

48

KALAHI

88,868

BAYAN MUNA

979,039

49

APOI

79,386

CIBAC

755,686

50

BP

78,541

GABRIELA

621,171

51

AHONBAYAN

78,424

APEC

619,657

52

BIGKIS

77,327

A TEACHER

490,379

53

PMAP

75,200

AKBAYAN

466,112

54

AKAPIN

74,686

ALAGAD

423,149

55

PBA

71,544

COOP-NATCCO

409,883

56

GRECON

62,220

10

BUTIL

409,160

57

BTM

60,993

11

BATAS

385,810

58

A SMILE

58,717

12

ARC

374,288

59

NELFFI

57,872

13

ANAKPAWIS

370,261

60

AKSA

57,012

14

ABONO

339,990

61

BAGO

55,846

15

AMIN

338,185

62

BANDILA

54,751

16

AGAP

328,724

63

AHON

54,522

17

AN WARAY

321,503

64

ASAHAN MO

51,722

18

YACAP

310,889

65

AGBIAG!

50,837

19

FPJPM

300,923

66

SPI

50,478

20

UNI-MAD

245,382

67

BAHANDI

46,612

21

ABS

235,086

68

ADD

45,624

22

KAKUSA

228,999

69

AMANG

43,062

23

KABATAAN

228,637

70

ABAY PARAK

42,282

24

ABA-AKO

218,818

71

BABAE KA

36,512

25

ALIF

217,822

72

SB

34,835

26

SENIOR CITIZENS

213,058

73

ASAP

34,098

27

AT

197,872

74

PEP

33,938

28

VFP

196,266

75

ABA ILONGGO

33,903

29

ANAD

188,521

76

VENDORS

33,691

30

BANAT

177,028

77

ADD-TRIBAL

32,896

31

ANG KASANGGA

170,531

78

ALMANA

32,255

32

BANTAY

169,801

79

AANGAT KA PILIPINO

29,130

33

ABAKADA

166,747

80

AAPS

26,271

34

1-UTAK

164,980

81

HAPI

25,781

35

TUCP

162,647

82

AAWAS

22,946

36

COCOFED

155,920

83

SM

20,744

37

AGHAM

146,032

84

AG

16,916

38

ANAK

141,817

85

AGING PINOY

16,729

39

ABANSE! PINAY

130,356

86

APO

16,421

40

PM

119,054

87

BIYAYANG BUKID

16,241

41

AVE

110,769

88

ATS

14,161

42

SUARA

110,732

89

UMDJ

9,445

43

ASSALAM

110,440

90

BUKLOD FILIPINA

8,915

44

DIWA

107,021

91

LYPAD

8,471

45

ANC

99,636

92

AA-KASOSYO

8,406

46

SANLAKAS

97,375

93

KASAPI

6,221

47

ABC
90,058
TOTAL 15,950,900
The first clause of Section 11(b) of R.A. No. 7941 states that parties, organizations, and coalitions
receiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled to
one seat each. This clause guarantees a seat to the two-percenters. In Table 2 below, we use the
first 20 party-list candidates for illustration purposes. The percentage of votes garnered by each
party is arrived at by dividing the number of votes garnered by each party by 15,950,900, the total
number of votes cast for all party-list candidates.
Table 2. The first 20 party-list candidates and their respective percentage of votes garnered over the
total votes for the party-list.
Votes Garnered over
Votes
Rank
Party
Total Votes for Party- Guaranteed Seat
Garnered
List, in %
1
BUHAY
1,169,234
7.33%
1
28

BAYAN MUNA

979,039

6.14%

CIBAC

755,686

4.74%

GABRIELA

621,171

3.89%

APEC

619,657

3.88%

A TEACHER

490,379

3.07%

AKBAYAN

466,112

2.92%

ALAGAD

423,149

2.65%

COOP-NATCCO

409,883

2.57%

10

BUTIL

409,160

2.57%

11

BATAS

385,810

2.42%

12

ARC

374,288

2.35%

13

ANAKPAWIS

370,261

2.32%

14

ABONO

339,990

2.13%

15

AMIN

338,185

2.12%

16

AGAP

328,724

2.06%

17

AN WARAY

321,503

2.02%

29

Total

17

18

YACAP

310,889

1.95%

19

FPJPM

300,923

1.89%

20

UNI-MAD
245,382
1.54%
0
From Table 2 above, we see that only 17 party-list candidates received at least 2% from the total
number of votes cast for party-list candidates. The 17 qualified party-list candidates, or the twopercenters, are the party-list candidates that are entitled to one seat each, or the guaranteed seat.
In this 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 two
percent (2%) of the votes shall be entitled to additional seats in proportion to their total number of
votes. This is where petitioners and intervenors problem with the formula in Veterans
lies. Veterans interprets the clause in proportion to their total number of votes to be in proportion
to the votes of the 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 two
percent threshold for the distribution of the additional seats as found in the second clause of Section
11(b) of R.A. No. 7941 is unconstitutional. This Court finds that the two percent threshold makes it
mathematically impossible to achieve the maximum number of available party list seats when the
number of available party list seats exceeds 50. The continued operation of the two percent
threshold in the distribution of the additional seats frustrates the attainment of the permissive ceiling
that 20% of the 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 for the
100 participants in the party list elections. A party that has two percent of the votes cast, or one
million votes, gets a guaranteed seat. Let us further assume that the first 50 parties all get one
million votes. Only 50 parties get a seat despite the availability of 55 seats. Because of the operation
of the two percent threshold, this situation will repeat itself even if we increase the available party-list
seats to 60 seats and even if we increase the votes cast to 100 million. Thus, even if the maximum

number of parties get two percent of the votes for every party, it is always impossible for the number
of occupied party-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 the
additional seats as found in the second clause of Section 11(b) of R.A. No. 7941. The two percent
threshold presents an unwarranted obstacle to the full implementation of Section 5(2), Article VI of
the Constitution and prevents the attainment of the broadest possible representation of party,
sectoral or group interests in the House of Representatives.
In determining the allocation of seats for party-list representatives under Section 11 of R.A. No.
7941, the following procedure shall be observed:
1. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on
the number of votes they garnered during the elections.
2. The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes
cast for the party-list system shall be entitled to one guaranteed seat each.
3. Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be
entitled to additional seats in proportion to their total number of votes until all the additional seats are
allocated.
4. Each party, organization, or coalition shall be entitled to not more than three (3) seats.
In computing the additional seats, the guaranteed seats shall no longer be included because they
have already been allocated, at one seat each, to every two-percenter. Thus, the remaining available
seats for allocation as additional seats are the maximum seats reserved under the Party List
System less the guaranteed seats. Fractional seats are disregarded in the absence of a provision in
R.A. No. 7941 allowing for a rounding off of fractional seats.
In declaring the two percent threshold unconstitutional, we do not limit our allocation of additional
seats in Table 3 below to the two-percenters. The percentage of votes garnered by each party-list
candidate is arrived at by dividing the number of votes garnered by each party by 15,950,900, the
total number of votes cast for party-list candidates. There are two steps in the second round of seat
allocation. First, the percentage is multiplied by the remaining available seats, 38, which is the
difference between the 55 maximum seats reserved under the Party-List System and the 17
guaranteed seats of the two-percenters. 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.
Second, we assign one party-list seat 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 the three-seat cap to determine the number of seats each qualified
party-list candidate is entitled. Thus:
Table 3. Distribution of Available Party-List Seats
Votes
Garnered
Additional (B) plus
Guaranteed
Applying
over
Seats
(C), in
Votes
Seat
the three
Rank
Party
Total Votes
(Second
whole
Garnered
(First Round)
seat cap
for Party
Round)
integers
(B)
(E)
List, in %
(C)
(D)
(A)
1
BUHAY
1,169,234 7.33%
1
2.79
3
N.A.
30

BAYAN
MUNA

979,039

6.14%

2.33

N.A.

CIBAC

755,686

4.74%

1.80

N.A.

GABRIELA

621,171

3.89%

1.48

N.A.

APEC

619,657

3.88%

1.48

N.A.

A Teacher

490,379

3.07%

1.17

N.A.

AKBAYAN

466,112

2.92%

1.11

N.A.

ALAGAD

423,149

2.65%

1.01

N.A.

COOPNATCCO

409,883

2.57%

N.A.

10

BUTIL

409,160

2.57%

N.A.

11

BATAS

385,810

2.42%

N.A.

12

ARC

374,288

2.35%

N.A.

13

ANAKPAWIS 370,261

2.32%

N.A.

14

ABONO

339,990

2.13%

N.A.

15

AMIN

338,185

2.12%

N.A.

16

AGAP

328,724

2.06%

N.A.

17

AN WARAY

321,503

2.02%

N.A.

18

YACAP

310,889

1.95%

N.A.

19

FPJPM

300,923

1.89%

N.A.

20

UNI-MAD

245,382

1.54%

N.A.

21

ABS

235,086

1.47%

N.A.

22

KAKUSA

228,999

1.44%

N.A.

23

KABATAAN

228,637

1.43%

N.A.

24

ABA-AKO

218,818

1.37%

N.A.

25

ALIF

217,822

1.37%

N.A.

26

SENIOR
CITIZENS

213,058

1.34%

N.A.

27

AT

197,872

1.24%

N.A.

28

VFP

196,266

1.23%

N.A.

29

ANAD

188,521

1.18%

N.A.

30

BANAT

177,028

1.11%

N.A.

31

ANG
170,531
KASANGGA

1.07%

N.A.

32

BANTAY

169,801

1.06%

N.A.

33

ABAKADA

166,747

1.05%

N.A.

34

1-UTAK

164,980

1.03%

N.A.

35

TUCP

162,647

1.02%

N.A.

36

COCOFED

155,920

0.98%

N.A.

Total

17

55

31

Applying the procedure of seat allocation as illustrated in Table 3 above, there are 55 party-list
representatives 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 no
case 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 to
participate in the party-list elections. The deliberations of the Constitutional Commission clearly
bear this out, thus:
MR. MONSOD. Madam President, I just want to say that we suggested or proposed the party list
system because we wanted to open up the political system to a pluralistic society through a
multiparty system. x x x 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. x x x.
xxx
MR. MONSOD. Madam President, the candidacy for the 198 seats is not limited to political parties.
My question is this: Are we going to classify for example Christian Democrats and Social Democrats
as political parties? Can they run under the party list concept or must they be under the district
legislation side of it only?
MR. VILLACORTA. In reply to that query, I think these parties that the Commissioner mentioned can
field candidates for the Senate as well as for the House of Representatives. Likewise, they can
also field sectoral candidates for the 20 percent or 30 percent, whichever is adopted, of the
seats that we are allocating under the party list system.
MR. MONSOD. In other words, the Christian Democrats can field district candidates and can also
participate in the party list system?
MR. VILLACORTA. Why not? When they come to the party list system, they will be fielding
only sectoral 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 the
different marginalized sectors that we shall designate in this Constitution.
MR. MONSOD. Suppose Senator Taada wants to run under BAYAN group and says that he
represents 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 Cruz
is 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 they can prove that they are also organized along sectoral lines.
MR. MONSOD. What the Commissioner is saying is that all political parties can participate because
it is precisely the contention of political parties that they represent the broad base of citizens and 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, it will
dominate the party list at mawawalang saysay din yung sector. Lalamunin mismo ng political parties
ang party list system. Gusto ko lamang bigyan ng diin ang reserve. Hindi ito reserve seat sa
marginalized 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 to
Commissioner Villacorta and probably also to Commissioner Tadeo is that under this system, would
UNIDO be banned from running under the party list system?
MR. VILLACORTA. No, as I said, UNIDO may field sectoral candidates. On that condition alone,
UNIDO may be allowed to register for the party list system.
MR. MONSOD. May I inquire from Commissioner Tadeo if he shares that answer?
MR. TADEO. The same.
MR. VILLACORTA. Puwede po ang UNIDO, pero sa sectoral lines.

xxxx
MR. OPLE. x x x In my opinion, this will also create the stimulus for political parties and mass
organizations to seek common ground. For example, we have the PDP-Laban and the UNIDO. I see
no reason why they should not be able to make common goals with mass organizations so that the
very leadership of these parties can be transformed through the participation of mass organizations.
And if this is true of the administration parties, this will be true of others like the Partido ng Bayan
which is now being formed. There is no question that they will be attractive to many mass
organizations. In the opposition parties to which we belong, there will be a stimulus for us to contact
mass organizations so that with their participation, the policies of such parties can be radically
transformed because this amendment will create conditions that will challenge both the mass
organizations and the political parties to come together. And the party list system is certainly
available, although it is open to all the parties. It is understood that the parties will enter in the roll of
the COMELEC the names of representatives of mass organizations affiliated with them. So that we
may, in time, develop this excellent system that they have in Europe where labor organizations and
cooperatives, for example, distribute themselves either in the Social Democratic Party and the
Christian Democratic Party in Germany, and their very presence there has a transforming effect
upon the philosophies and the leadership of those parties.
It is also a fact well known to all that in the United States, the AFL-CIO always vote with the
Democratic Party. But the businessmen, most of them, always vote with the Republican Party,
meaning 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
this Constitution for sectoral representation are achieved in a wider, more lasting, and more
institutionalized way. Therefore, I support this [Monsod-Villacorta] amendment. It installs sectoral
representation as a constitutional 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 political parties capable of contesting political power in the wider constitutional
arena for major political parties.
x x x (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 the
election of representatives to the House of Representatives from national, regional and sectoral
parties or organizations or coalitions thereof registered with the Commission on Elections
(COMELEC). Component parties or organizations of a coalition may participate independently
provided the coalition of 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
means of securing their adoption, regularly nominates and supports certain of its leaders and
members as candidates for public office.
It is a national party when its constituency is spread over the geographical territory of at least a
majority of the regions. It is a regional party when its constituency is spread over the geographical
territory of at least a majority of the cities and provinces comprising the region.
(d) A sectoral party refers to an organized group of citizens belonging to any of the sectors
enumerated in Section 5 hereof whose principal advocacy pertains to the special interests and
concerns of their sector,
(e) A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share
similar physical attributes or characteristics, employment, interests or concerns.
32

(f) A coalition refers to an aggrupation of duly registered national, regional, sectoral parties or
organizations for political and/or election purposes.
Congress, in enacting R.A. No. 7941, put the three-seat cap to prevent any party from dominating
the party-list elections.
Neither the Constitution nor R.A. No. 7941 prohibits major political parties from participating in the
party-list system. On the contrary, the framers of the Constitution clearly intended the major political
parties to participate in party-list elections through their sectoral wings. In fact, the members of the
Constitutional Commission voted down, 19-22, any permanent sectoral seats, and in the alternative
the reservation of the party-list system to the sectoral groups. In defining a party that participates
in party-list elections as either a political party or a sectoral party, R.A. No. 7941 also clearly
intended that major political parties will participate in the party-list elections. Excluding the major
political parties in party-list elections is manifestly against the Constitution, the intent of the
Constitutional Commission, and R.A. No. 7941. This Court cannot engage in socio-political
engineering and judicially legislate the exclusion of major political parties from the party-list elections
in patent violation of the Constitution and the law.
Read together, R.A. No. 7941 and the deliberations of the Constitutional Commission state that
major political parties are allowed to establish, or form coalitions with, sectoral organizations for
electoral or political purposes. There should not be a problem if, for example, the Liberal Party
participates in the party-list election through the Kabataang Liberal ng Pilipinas (KALIPI), its sectoral
youth wing. The other major political parties can thus organize, or affiliate with, their chosen sector or
sectors. To further illustrate, the Nacionalista Party can establish a fisherfolk wing to participate in the
party-list election, and this fisherfolk wing can field its fisherfolk nominees. Kabalikat ng Malayang
Pilipino (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-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 the elections, 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 day of the election, and is at least twenty-five (25) years of age on the
day of the election.
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 the election. Any youth sectoral representative who attains the 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
wallow in poverty, destitution and infirmity as there is no financial status required in the law. It is
enough that the nominee of the sectoral party/organization/coalition belongs to the marginalized and
underrepresented sectors, that is, if the nominee represents the fisherfolk, he or she must be a
fisherfolk, 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 of
party-list representatives found in the Constitution. The Constitution, in paragraph 1, Section 5 of
Article VI, left the determination of the number of the members of the House of Representatives to
Congress: The House of Representatives shall be composed of not more than two hundred and fifty
members, unless otherwise fixed by law, x x x. The 20% allocation of party-list representatives is
merely a ceiling; party-list representatives cannot be more than 20% of the members of the House of
Representatives. However, we cannot allow the continued existence of a provision in the law which
will systematically prevent the constitutionally allocated 20% party-list representatives from being
filled. The three-seat cap, as a limitation to the number of seats that a qualified party-list organization
may occupy, remains a valid statutory device that prevents any party from dominating the party-list
33

34

35

elections. Seats for party-list representatives shall thus be allocated in accordance with the
procedure used in Table 3 above.
However, by a vote of 8-7, the Court decided to continue the ruling in Veterans disallowing major
political parties from participating in the party-list elections, directly or indirectly. Those who voted to
continue 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 in
concurring with this ponencia.
WHEREFORE, we PARTIALLY GRANT the petition. We SET ASIDE the Resolution of the
COMELEC dated 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-list seats. The allocation of additional seats under the Party-List System shall be in
accordance with the procedure used in Table 3 of this Decision. Major political parties are disallowed
from participating in party-list elections. This Decision is immediately executory. No pronouncement
as to costs.
SO ORDERED.
Puno, Quisumbing, Ynares-Santiago, Austira-Martinez, Corona, Carpio Morales, Tinga, ChicoNazario, Velasco, Jr., Nachura, Brion, Leonardo-De Castro, Peralta, Bersamin, JJ., concur.
READ CASE DIGEST HERE.
Footnotes
Under Rule 65 of the 1997 Rules of Civil Procedure.
Rollo (G.R. No. 179271), pp. 86-87. Signed by Chairman Benjamin S. Abalos, Sr., Commissioners
Resurreccion Z. Borra, Florentino A. Tuason, Jr., Romeo A. Brawner, Rene V. Sarmiento, and
Nicodemo T. Ferrer.
Under Rule 65 of the 1997 Rules of Civil Procedure.
Rollo (G.R. No. 179295), pp. 103-108. Signed by Chairman Benjamin S. Abalos, Sr.,
Commissioners Resurreccion Z. Borra, Florentino A. Tuason, Jr., Romeo A. Brawner, Rene V.
Sarmiento, and Nicodemo T. Ferrer.
396 Phil. 419 (2000).
Rollo (G.R. No. 179271), pp. 969-986; rollo (G.R. No. 179295), pp. 798-815. Party-List Canvass
Report No. 32, as of 31 August 2007, 6:00 p.m.
Rollo (G.R. No. 179271), p. 70.
Rollo (G.R. No. 179271), pp. 88-92.
Id. at 150-153.
Id. at 86-87.
Rollo (G.R. No. 179295), p. 112.
Rollo (G.R. No. 179271), pp. 158-159. NBC Resolution No. 07-74, 24 July 2007.
Id. at 160-161. NBC Resolution No. 07-87, 3 August 2007.
NBC Resolution No. 07-97, 4 September 2007.
Rollo (G.R. No. 179295), pp. 816-817. This COMELEC certification should have included An
Waray, which was proclaimed on 4 September 2007 under NBC Resolution No. 07-97.
Rollo (G.R. No. 179271), p. 14.
Rollo (G.R. No. 179295), pp. 21-22.
Rollo (G.R. No. 179271), p. 553; rollo (G. R. No. 179295), p. 341.
Supra note 5 at 424.
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
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Now, how do we determine the number of seats the first party is entitled to? The only basis given by
the law is that a party receiving at least two percent of the total votes shall be entitled to one seat.
Proportionally, if the first party were to receive twice the number of votes of the second party, it
should be entitled to twice the latters number of seats and so on. The formula, therefore, for
computing the number of seats to which the first party is entitled is as follows:
Number of votes
Proportion of votes of
first party relative to
of first party______________Total
=
total votes for party-list
votes for
system
party-list system
If the proportion of votes received by the first party without rounding it off is equal to at least six
percent of the total valid votes cast for all the party list groups, then the first party shall be entitled to
two additional seats or a total of three seats overall. If the proportion of votes without a rounding off
is equal to or greater than four percent, but less than six percent, then the first party shall have one
additional or a total of two seats. And if the proportion is less than four percent, then the first party
shall not be entitled to any additional seat.
We adopted this six percent bench mark, because the first party is not always entitled to the
maximum number of additional seats. Likewise, it would prevent the allotment of more than the total
number of available seats, such as in an extreme case wherein 18 or more parties tie for the highest
rank and are thus entitled to three seats each. In such scenario, the number of seats to which all the
parties are entitled may exceed the maximum number of party-list seats reserved in the House of
Representatives.
xxx
Note that the above formula will be applicable only in determining the number of additional seats the
first party is entitled to. It cannot be used to determine the number of additional seats of the other
qualified parties. As explained earlier, the use of the same formula for all would contravene the
proportional representation parameter. For example, a second party obtains six percent of the total
number of votes cast. According to the above formula, the said party would be entitled to two
additional seats or a total of three seats overall. However, if the first party received a significantly
higher amount of votes say, twenty percent to grant it the same number of seats as the second
party would violate the statutory mandate of proportional representation, since a party getting only
six percent 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 six percent, 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 qualified
parties are entitled to, based on proportional representation. The formula is encompassed by the
following complex fraction:
Additional = No. of votes of
x No. of
seats
concerned
additional
for
party_______________Total No. of seats
concerned
votes
allocated
party
of party-list
to the first
system_________________No. of party
votes
of first party
_________________

Total
No.
of
votes
of party-list system
In simplified form, it is written as follows:
xxx
Incidentally, if the first party is not entitled to any additional seat, then the ratio of the number of
votes for the other party to that for the first one is multiplied by zero. The end result would be zero
additional seat for each of the other qualified parties as well.
The above formula does not give an exact mathematical representation of the number of additional
seats to be awarded since, in order to be entitled to one additional seat, an exact whole number is
necessary. In fact, most of the actual mathematical proportions are not whole numbers and are not
rounded off for the reasons explained earlier. To repeat, rounding off may result in the awarding of a
number of seats in excess of that provided by the law. Furthermore, obtaining absolute proportional
representation is restricted by the three-seat-per-party limit to a maximum of two additional slots. An
increase in the maximum number of additional representatives a party may be entitled to would
result in a more accurate proportional representation. But the law itself has set the limit: only two
additional seats. Hence, we need to work within such extant parameter.
Id. at 475-481.
The second vote cast by a registered voter is for the party-list candidates as provided in Section 10
of R.A. No. 7941.
Rollo (G.R. No. 179271), p. 47.
Id. at 48.
Id. at 1076.
Rollo (G.R. No. 179295), pp. 66-81.
Rollo (G.R. No. 179271), pp. 969-974; rollo (G.R. No. 179295), pp. 798-803. Party-List Canvass
Report No. 32, as of 31 August 2007, 6:00 p.m.
Id.
Proclamation deferred by COMELEC.
Section 2, R.A. No. 7941.
The product of the percentage and the remaining available seats of all parties ranked nine and
below is less than one.
II Record, Constitutional Commission 256-257 (25 July 1986), 568 (1 August 1986).
Id. at 584 (1 August 1986). Dissenting opinion of Justice Jose C. Vitug in Ang Bagong BayaniOFW Labor Party v. COMELEC, 412 Phil. 308, 350 (2001).
Ang Bagong Bayani-OFW Labor Party v. COMELEC, 412 Phil. 308, 336 (2001).
Section 2, R.A. No. 7941.
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