A Primer on RA 7941: The Party-List Law

The Party-List Law is a bill passed by Congress in 1995, a law also known as Republic Act 7941. Its first implementation is to be held on May 11, 1998, simultaneous with the 1998 national and local elections.

CONTENTS

Significance:

What is the Party-List System?

It is a mechanism of proportional representation in the election of representatives to the House of Representatives from marginalized or underrepresented national, regional and sectoral parties, or organizations or coalitions thereof registered with the Commission on Elections.

How does the party-list system enhance the chances of marginalized or underrepresented parties of winning seats in the House of Representatives?

In the party-list system, no single party may hold more than three (3) party-list seats. Bigger parties which traditionally will dominate elections cannot corner all the seats and crowd out the smaller parties because of this maximum ceiling. This system shall pave the way for smaller parties to also win seats in the House of Representatives.

What is the status of party-list representatives vis-a-vis representatives of legislative districts in the House ofRepresentatives?

Party-List representatives are considered elected Members of the House and as such, entitled to the same deliberative rights, salaries and emoluments as the regular Members of the House of Representatives. They shall serve for a term or three (3) years with a maximum of three (3) consecutive terms.

Participation:

Who may participate?

Instead of individual candidates, only registered organized groups may participate. These are:
Sectoral parties
Sectoral organizations;
Political parties; and
Coalitions

A sectoral party is an organized group of citizens whose principal
advocacy pertains to the special interests and concerns of the following 12 sectors:
Labor;
Peasant;
Urban Poor
Indigenous Cultural Communities
Elderly
Handicapped
Women
Youth
Overseas Workers
Fisherfolk
Veterans
Professionals

A sectoral organization is a group of qualified voters bound together by similar physical attributes or characteristics, or by employment, interests or concerns.

A coalition is an aggrupation of duly-registered national, regional,
sectoral parties or organizations for political and/or election purposes.

A political party is an organized group of qualified voters pursuing the same ideology, political ideas and principles for the general conduct of the government. It may be:

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

What information is necessary to establish existence of a party in a city and province?

A party must have identifiable leadership, membership and structure. These may be shown by the following: (1) Addresses of its city chapter and provincial chapter; and (2) The names of the chapter officials and members, and their respective addresses. A party may submit additional documents to prove its existence in the city and province.

How may a party, organization or coalition (hereinafter referred
to as party) participate in the party-list election?

It must first register with the COMELEC by filing a petition for
registration under oath not later than 180 days before the elections. If it is already registered, it need not register anew, but it should file a manifestation of its intention to participate in the party list election not later than 90 days before the election.

For purposes of the 2004 election, the petition for registration must be filed not later than September 30, 2003; and manifestations to participate in the party-list elections shall be filed not later than January 11, 2004.                      

A sample petition may be obtained from the Clerk of the Commission, Comelec, Manila.

Registration and Elegibility Requirements
Where shall a petition for registration or manifestation to participate be filed?

Petitions for registration and manifestations of intent to participate shall be filed with the following offices:

1. With the Clerk of the Commission, Comelec, Manila, if the petition/manifestation involves a party with a national constituency; or
2. With the Comelec Regional Election Director if thepetition/manifestation involves a party with a regional constituency.

Who shall file?

Applications for registration or manifestations to participate should be filed by any authorized representative of the political or sectoral party with the appropriate Comelec offices.

What are the requirements for registration?

The following documents and requirements should accompany a party's Petition for Registration:

1. Constitution and by-laws;
2. Platform or program of government
3. List of officers and members
4. Track record summary showing it represents the marginalized and underrepresented sector it seeks to represent
4. Coalition agreement, if any
5. Other information required by the Comelec
6. Filing fee of three thousand pesos (P3,000)
7. Research fee of fifty pesos (P50.00)

What happens after the petition is filed?

The Comelec office concerned determines if the petition is in due form and substance and verifies the accuracy of the allegations therein. Within seven (7) days, it submits the petition together with its findings and recommendations to the Commission.

The gist of the petition shall be published in two (2) national newspapers at the expense of the petitioner.

The Commission, after due notice and hearing, resolves the petition
within fifteen (15) days from the date it was submitted for decision but not later than ninety (90) days before election day.

Disqualification Rules
What are the grounds for disqualification?

The Comelec may, on its own, or upon verified complaint of any
interested party, refuse or cancel, after due notice and hearing, the
registration of any national, regional or sectoral party, organization, or coalition on any of the following grounds:
1. It is a religious sect or denomination, organization or association organized for religious purposes.
2. It advocates violence or unlawful means to achieve its goal.
3. It is a foreign party or organization.
4. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or indirectly or through its officers or members or indirectly through third parties for partisan election purposes.
5. It violates or fails to comply with laws, rules or regulations relating to elections.
6. It has made untruthful statements in its Petition.
7. It has ceased to exist for at least one (1) year (applicable after the 1998 election); or
8. It fails to participate in the last two (2) preceding elections or to obtain at least two per cent (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered (applicable after the 2001 elections.)

Who are the political parties initially ineligible to participate?

For the first party-list election on May 11, 1998, the five (5) major
political parties on the basis of party representation in the House of
Representatives at the start of the Tenth Congress are disqualified from participating. These are:

1. Lakas-NUCD
2. Liberal Party
3. Lakas ng Demokratikong Pilipino (LDP)
4. National People's Coalition (NPC)
5. Kilusang Bagong Lipunan (KBL)

Nominees

How will the organized groups be represented in the House of Representatives?

A party shall, at least 90 days before the election, submit to Comelec a list of five (5) nominees to represent said party. Once the party obtains the required number of votes, the Comelec shall proclaim the party-list representatives according to their ranking in the list of nominees submitted to Comelec.

What are the qualifications of a party-list nominee?

A party-list nominee must be:
1. A natural-born citizen of the Philippines;
2. A registered voter
3. A resident of the Philippines for a period of not less than one (1) year immediately preceding election day;
4. Able to read and write
5. A bona fide member of the party or organization he seeks to represent for at least ninety (90) days preceding election day; and
6. At least twenty-five (25) years of age on election day.

In the case of the youth sector, s/he must be at least 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 in office until the expiration of his term.


What are the limitations on party-list nominations?

1. A person may be nominated by one party in only one (1) list;
2. Only persons who have given their consent in writing may be named in the list;
3. The list shall not include any candidate for any elective office in the same election or has lost his bid for an elective office in the immediately preceding election; and
4. No change of name or alteration of the order of nominees shall be allowed after the list has been submitted to the Comelec, except in cases where the nominee dies, his nomination is withdrawn in writing and under oath, or becomes incapacitated, in which case the name of the substitute nominee shall be placed last in the list.

Election, Tabulation and Seat Allocation
How will a voter cast his vote?

Every voter shall be entitled to two (2) votes for the House of
Representatives, as follows:

1. One vote for the district representative (i.e. the Congressperson); and
2. One vote for the party he wants represented in the House of  Representatives (i.e. Party-List representative)

How will the voters know which entities are participating?

Comelec will prepare and publish a certified list of entities qualified to participate. This certified list will also be posted in all voting booths on election day. (See also the list of party-list candidates, available in alphabetical order or by sectoral classification, within this web site.)

How shall the votes cast for the party-list be counted?

Because the voting will be at large, and not by sector, all votes obtained by a party regardless of constituency will be tallied on a nationwide basis. The percentage of votes garnered by a party shall be computed in relation to the total votes cast for the party list nationwide.

How many seats are available under the party-list system?

20% of the total membership in the House of Representatives is reserved for party-list representatives, or a ratio of 1 party-list representative for every 4 legislative district representatives. For 1998, there will be 52 seats for sectoral representatives.

What is the required number of votes to be obtained to qualify for party-list seats?

A party should obtain at least 2% of the total votes cast for the party-list system nationwide in order to be allocated with one seat; 4% for two seats; and 6% for three seats in Congress.

How shall party-list seats be allocated?

Party-list seats shall be allocated as follows:
Only a maximum of three seats may be allowed per party. Seats are allocated at the rate of one seat per 2% of votes obtained.
The parties shall be ranked from highest to lowest based on the number and percentage of votes garnered during the elections;
Unallocated seats shall be distributed among the parties which have not yet obtained the maximum 3 seats, provided they have mustered at least 2% of votes. The variance or percentage in excess of 2% or 4% (equivalent to 1 or 2 seats that have already been obtained respectively) shall be ranked and be the basis for allocating the remaining seats

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