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.
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,
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
D E C I S I O N
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,[1]
assails the Resolution[2]
promulgated on 3 August 2007 by the Commission on Elections (COMELEC) in NBC
No. 07-041 (PL). The COMELEC’s
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,[3]
assails NBC Resolution No. 07-60[4]
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 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 of each 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.
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.[6]
On 27 June 2002, 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.”[7] There were no intervenors in BANAT’s 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), Gabriela’s
Women Party (Gabriela), Association of Philippine Electric Cooperatives (APEC),
A Teacher, Akbayan! Citizen’s 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
|
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 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 Citizen’s 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:
|
RANK |
PARTY/ORGANIZATION/ COALITION |
VOTES RECEIVED |
|
1 |
BUHAY |
1,163,218 |
|
2 |
BAYAN MUNA |
972,730 |
|
3 |
CIBAC |
760,260 |
|
4 |
GABRIELA |
610,451 |
|
5 |
APEC |
538,971 |
|
6 |
A TEACHER |
476,036 |
|
7 |
AKBAYAN |
470,872 |
|
8 |
ALAGAD |
423,076 |
|
9 |
BUTIL |
405,052 |
|
10 |
COOP-NATCO |
390,029 |
|
11 |
BATAS |
386,361 |
|
12 |
ANAK PAWIS |
376,036 |
|
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 Women’s Party |
GABRIELA |
|
5 |
Association of Philippine Electric Cooperatives |
APEC |
|
6 |
Advocacy for Teacher Empowerment Through Action, Cooperation and Harmony Towards Educational Reforms, Inc. |
A TEACHER |
|
7 |
Akbayan! Citizen’s Action Party |
AKBAYAN |
|
8 |
Alagad |
ALAGAD |
|
9 |
Luzon Farmers Party |
BUTIL |
|
10 |
Cooperative-Natco Network Party |
COOP-NATCCO |
|
11 |
Anak Pawis |
ANAKPAWIS |
|
12 |
Alliance of Rural Concerns |
ARC |
|
13 |
Abono |
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.[8] (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 COMELEC’s 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 |
|
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 Citizen’s 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:
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
wherein the proportion of votes received by the first party (without rounding off) shall entitle it to additional seats:
|
Proportion
of votes received by the first
party |
Additional
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.
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
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 List |
Percentage |
Additional Seat |
|
BAYAN MUNA |
1.65 |
1 |
|
CIBAC |
1.28 |
1 |
|
GABRIELA |
1.05 |
1 |
|
APEC |
1.05 |
1 |
|
A TEACHER |
0.83 |
0 |
|
AKBAYAN |
0.78 |
0 |
|
ALAGAD |
0.71 |
0 |
|
BUTIL |
0.69 |
0 |
|
COOP-NATCO |
0.69 |
0 |
|
ANAKPAWIS |
0.62 |
0 |
|
ARC |
0.63 |
0 |
|
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 |
2 |
|
BAYAN MUNA |
1 |
|
CIBAC |
1 |
|
GABRIELA |
1 |
|
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.[9]
Acting on BANAT’s 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.
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 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 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.[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, 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.[11]
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),[12]
Anak Mindanao (AMIN),[13]
and An Waray.[14] Per the certification[15]
by COMELEC, the following party-list organizations have been proclaimed as of
19 May 2008:
|
|
Party-List |
No. of
Seat(s) |
|
1.1 |
Buhay |
3 |
|
1.2 |
Bayan Muna |
2 |
|
1.3 |
CIBAC |
2 |
|
1.4 |
Gabriela |
2 |
|
1.5 |
APEC |
2 |
|
1.6 |
A Teacher |
1 |
|
1.7 |
Akbayan |
1 |
|
1.8 |
Alagad |
1 |
|
1.9 |
Butil |
1 |
|
1.10 |
Coop-Natco [sic] |
1 |
|
1.11 |
Anak Pawis |
1 |
|
1.12 |
ARC |
1 |
|
1.13 |
Abono |
1 |
|
1.14 |
AGAP |
1 |
|
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?[16]
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.[17]
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?[18]
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.”[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.
x x x
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 available to legislative districts |
x .20 = |
Number of seats available to party-list representatives |
|
.80 |
|
|
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 |
x .20 = |
55 |
|
.80 |
|
|
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,[20]
and Justice Vicente V. Mendoza’s dissent in Veterans presented Germany’s
Niemeyer formula[21] 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,[22] 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.[23]
Forty-four (44)
party-list seats will be awarded under BANAT’s 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,
(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.[24]
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.”[25] Thirty-four (34) party-list seats will be
awarded under BANAT’s second interpretation.
In G.R. No. 179295, Bayan Muna, Abono,
and A Teacher criticize both the COMELEC’s original 2-4-6 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.[26]
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.[27]
|
Rank |
Party |
Votes Garnered |
Rank |
Party |
Votes Garnered |
|
1 |
BUHAY |
1,169,234 |
48 |
KALAHI |
88,868 |
|
2 |
BAYAN MUNA |
979,039 |
49 |
APOI |
79,386 |
|
3 |
CIBAC |
755,686 |
50 |
BP |
78,541 |
|
4 |
GABRIELA |
621,171 |
51 |
AHONBAYAN |
78,424 |
|
5 |
APEC |
619,657 |
52 |
BIGKIS |
77,327 |
|
6 |
A TEACHER |
490,379 |
53 |
PMAP |
75,200 |
|
7 |
AKBAYAN |
466,112 |
54 |
AKAPIN |
74,686 |
|
8 |
ALAGAD |
423,149 |
55 |
PBA |
71,544 |
|
9 |
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.[28]
|
Rank |
Party |
Votes Garnered |
Votes Garnered over Total Votes for Party-List, in % |
Guaranteed Seat |
|
1 |
BUHAY |
1,169,234 |
7.33% |
1 |
|
2 |
BAYAN MUNA |
979,039 |
6.14% |
1 |
|
3 |
CIBAC |
755,686 |
4.74% |
1 |
|
4 |
GABRIELA |
621,171 |
3.89% |
1 |
|
5 |
APEC |
619,657 |
3.88% |
1 |
|
6 |
A TEACHER |
490,379 |
3.07% |
1 |
|
7 |
AKBAYAN |
466,112 |
2.92% |
1 |
|
8 |
ALAGAD |
423,149 |
2.65% |
1 |
|
9 |
COOP-NATCCO |
409,883 |
2.57% |
1 |
|
10 |
BUTIL |
409,160 |
2.57% |
1 |
|
11 |
BATAS[29] |
385,810 |
2.42% |
1 |
|
12 |
ARC |
374,288 |
2.35% |
1 |
|
13 |
ANAKPAWIS |
370,261 |
2.32% |
1 |
|
14 |
ABONO |
339,990 |
2.13% |
1 |
|
15 |
AMIN |
338,185 |
2.12% |
1 |
|
16 |
AGAP |
328,724 |
2.06% |
1 |
|
17 |
AN WARAY |
321,503 |
2.02% |
1 |
|
|
Total |
|
|
17 |
|
18 |
YACAP |
310,889 |
1.95% |
0 |
|
19 |
FPJPM |
300,923 |
1.89% |
0 |
|
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 two-percenters, 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.”[30]
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 party’s 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
|
Rank |
Party |
Votes Garnered |
Votes Garnered over Total Votes for Party List, in % (A) |
Guaranteed Seat (First Round) (B) |
Additional Seats (Second Round) (C) |
(B) plus (C), in whole integers (D) |
Applying the three seat cap (E) |
|
1 |
BUHAY |
1,169,234 |
7.33% |
1 |
2.79 |
3 |
N.A. |
|
2 |
BAYAN MUNA |
979,039 |
6.14% |
1 |
2.33 |
3 |
N.A. |
|
3 |
CIBAC |
755,686 |
4.74% |
1 |
1.80 |
2 |
N.A. |
|
4 |
GABRIELA |
621,171 |
3.89% |
1 |
1.48 |
2 |
N.A. |
|
5 |
APEC |
619,657 |
3.88% |
1 |
1.48 |
2 |
N.A. |
|
6 |
A Teacher |
490,379 |
3.07% |
1 |
1.17 |
2 |
N.A. |
|
7 |
AKBAYAN |
466,112 |
2.92% |
1 |
1.11 |
2 |
N.A. |
|
8 |
ALAGAD |
423,149 |
2.65% |
1 |
1.01 |
2 |
N.A. |
|
9[31] |
COOP-NATCCO |
409,883 |
2.57% |
1 |
1 |
2 |
N.A. |
|
10 |
BUTIL |
409,160 |
2.57% |
1 |
1 |
2 |
N.A. |
|
11 |
BATAS |
385,810 |
2.42% |
1 |
1 |
2 |
N.A. |
|
12 |
ARC |
374,288 |
2.35% |
1 |
1 |
2 |
N.A. |
|
13 |
ANAKPAWIS |
370,261 |
2.32% |
1 |
1 |
2 |
N.A. |
|
14 |
ABONO |
339,990 |
2.13% |
1 |
1 |
2 |
N.A. |
|
15 |
AMIN |
338,185 |
2.12% |
1 |
1 |
2 |
N.A. |
|
16 |
AGAP |
328,724 |
2.06% |
1 |
1 |
2 |
N.A. |
|
17 |
AN WARAY |
321,503 |
2.02% |
1 |
1 |
2 |
N.A. |
|
18 |
YACAP |
310,889 |
1.95% |
0 |
1 |
1 |
N.A. |
|
19 |
FPJPM |
300,923 |
1.89% |
0 |
1 |
1 |
N.A. |
|
20 |
UNI-MAD |
245,382 |
1.54% |
0 |
1 |
1 |
N.A. |
|
21 |
ABS |
235,086 |
1.47% |
0 |
1 |
1 |
N.A. |
|
22 |
KAKUSA |
228,999 |
1.44% |
0 |
1 |
1 |
N.A. |
|
23 |
KABATAAN |
228,637 |
1.43% |
0 |
1 |
1 |
N.A. |
|
24 |
ABA-AKO |
218,818 |
1.37% |
0 |
1 |
1 |
N.A. |
|
25 |
ALIF |
217,822 |
1.37% |
0 |
1 |
1 |
N.A. |
|
26 |
SENIOR CITIZENS |
213,058 |
1.34% |
0 |
1 |
1 |
N.A. |
|
27 |
AT |
197,872 |
1.24% |
0 |
1 |
1 |
N.A. |
|
28 |
VFP |
196,266 |
1.23% |
0 |
1 |
1 |
N.A. |
|
29 |
ANAD |
188,521 |
1.18% |
0 |
1 |
1 |
N.A. |
|
30 |
BANAT |
177,028 |
1.11% |
0 |
1 |
1 |
N.A. |
|
31 |
ANG KASANGGA |
170,531 |
1.07% |
0 |
1 |
1 |
N.A. |
|
32 |
BANTAY |
169,801 |
1.06% |
0 |
1 |
1 |
N.A. |
|
33 |
ABAKADA |
166,747 |
1.05% |
0 |
1 |