Scribbles of a Lunatic Mind

I'm a SCHIZOPHRENIC! I'm HAPPY! I'm PROUD to be ONE!

T h u r s d ay, Fe b r u a r y 2 3 , 2 0 1 2

BANAT vs. COMELEC , GR 17927 [ April 21, 2009 ]

Facts: Barangay Association for National Advancement and Transparency (BANAT)
led before the Commission on Elections (COMELEC) a petition to proclaim the full
number of party list representatives provided by the Constitution. However, the
recommendation of the head of the legal group of COMELECs national board of
canvassers to declare the petition moot and academic was approved by the COMELEC
en banc, and declared further in a resolution that the winning party list will be resolved
using the Veterans ruling. BANAT then led a petition before the SC assailing said
resolution of the COMELEC.

Issues:
(1) Is the 20% allocation for party-list representatives provided in Sec 5 (2), Art VI of
the Constitution mandatory or is it merely a ceiling?

(2) Is the 2% threshold and qualier votes prescribed by the same Sec 11 (b) of RA
7941 constitutional?

(3) Does the Constitution prohibit major political parties from participating in the
party-list elections? If not, can major political parties participate in the party-list
elections?

Held:
(1) Neither the Constitution nor RA 7941 mandates the lling up of the entire 20%
allocation of party-list representatives found in the Constitution. The Constitution, in
paragraph 1, Sec 5 of Art VI, left the determination of the number of the members of the
House of Representatives to Congress. The 20% allocation of party-list representatives
is merely a ceiling; party-list representatives cannot be more then 20% of the members
of the House of Representatives.

(2) No. 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 Sec 11(b) of RA 7941 is unconstitutional. This Court
nds that the two percent threshold makes it mathematically impossible to achieve the
maximum number of available party-list seats when the available party-list seat
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.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 Sec 11 (b) of RA 7941. The two
percent threshold presents an unwarranted obstacle to the full implementation of Sec 5
(2), Art VI of the Constitution and prevents the attainment of the-broadest possible
representation of party, sectoral or group interests in the House of Representatives.

(3) No. Neither the Constitution nor RA 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. However, by 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.

Schizophrenic Mind at Thursday, February 23, 2012

Share

No comments:

Post a Comment

Home
View web version

Powered by Blogger.