ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

contact

MON-SAT 8:30AM-5:30PM

June 1, 2022

WHAT IS THE PARTY-LIST SYSTEM IN THE PHILIPPINES?

Image via: https://images.unsplash.com/photo-1568920011133-e68fb433562e?ixlib=rb-1.2.1&ixid=MnwxMjA3fDB8MHxzZWFyY2h8MTB8fHBvbGl0aWNhbCUyMHBhcnR5fGVufDB8fDB8fA%3D%3D&auto=format&fit=crop&w=500&q=60

After reading “What is the Party-List System in the Philippines?”, read also “What is the Parish Pastoral Council for Responsible Voting (PPCRV)?”

  • The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives.

  • The objective of the party-list system is not alone to provide representation to sectoral groups but also to accord proportionate representation for political parties participating in the election.

  • The party-list system is intended to democratize political power by giving political parties that cannot win in legislative district elections a chance to win seats in the House of Representatives.

The law says:

Section 5, Article VI of the 1987 Constitution provides that:

Sec. 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.

 

Sections 7 and 8, Article IX-C of the 1987 Constitution further mandate that:

Sec. 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.

Sec. 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters’ registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.

 

Section 3 of Republic Act No. 7941, or the “Act Providing for the Election of Party-List Representatives Through the Party-List System, and Appropriating Funds Thereof” states that:

Section 3. Definition of Terms

  1. 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.

 

Section 2 of R.A. No. 7941 declares that:

“The State shall promote proportional representation in the election of representatives to the House of Representatives through a party-list system of registered national, regional and sectoral parties or organizations or coalitions thereof, which will enable Filipino citizens belonging to marginalized and under-represented sectors, organizations and parties, and who lack well-defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. Towards this end, the State shall develop and guarantee a full, free and open party system in order to attain the broadcast possible representation of party, sectoral or group interests in the House of Representatives by enhancing their chances to compete for and win seats in the legislature, and shall provide the simplest scheme possible.” (Section 2, R.A. No. 7941, otherwise known as the “Party-List System Act.)

 

Jurisprudence says:

 

“The objective of the party-list system is not alone to provide representation to sectoral groups but also to accord proportionate representation for political parties participating in the election, so that those political parties whose candidates did not win in any district but obtained a substantial amount of the votes cast by the people will not be completely denied representation in the House.” (Veterans Federation Party et.al. v. COMELEC, G.R. No. 136781, 06 October 2000).

 

“The party-list system is intended to democratize political power by giving political parties that cannot win in legislative district elections a chance to win seats in the House of Representatives. The voter elects two representatives in the House of Representatives: one for his or her legislative district, and another for his or her party-list group or organization of choice.” (Atong Paglaum, Inc. v. COMELEC, G.R. No. 203766, 02 April 2013).


Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

[email-subscribers-form id=”4″]

Leave a Reply

Your email address will not be published. Required fields are marked *

0 Shares
Share
Tweet
Share