REPUBLIC ACT 7941:

AN ACT PROVIDING FOR THE ELEC TION

O F P A R T Y - L I S T R E P R E S E N T A T I V E S . . . |1

AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST

REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM,
AND APPROPRIATING FUNDS THEREFOR

Section 1.
Title.
This Act shall be known as the "Party-List System Act."

Section 2.
Declaration of party.
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 3.
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 interest 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.
(f) A coalition refers to an aggrupation of duly registered national, regional,
sectoral parties or organizations for political and/or election purposes.
 REPUBLIC ACT 7941:
AN ACT PROVIDING FOR THE ELEC TION
O F P A R T Y - L I S T R E P R E S E N T A T I V E S . . . |2

Section 4.
Manifestation to Participate in the Party-List System.
Any party, organization, or coalition already registered with the Commission
need not register anew. However, such party, organization, or coalition shall
file with the Commission, not later than ninety (90) days before the election,
a manifestation of its desire to participate in the party-list system.

Section 5.
Registration.
Any organized group of persons may register as a party, organization or
coalition for purposes of the party-list system by filing with the COMELEC not
later than ninety (90) days before the election a petition verified by its
president or secretary stating its desire to participate in the party-list system
as a national, regional or sectoral party or organization or a coalition of such
parties or organizations, attaching thereto its constitution, by-laws, platform
or program of government, list of officers, coalition agreement and other
relevant information as the COMELEC may require: Provided, That the sectors
shall include labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, elderly, handicapped, women, youth, veterans, overseas
workers, and professionals.

The COMELEC shall publish the petition in at least two (2) national
newspapers of general circulation.

The COMELEC shall, after due notice and hearing, resolve the petition within
fifteen (15) days from the date it was submitted for decision but in no case
not later than sixty (60) days before election.

Section 6.
Refusal and/or Cancellation of Registration.
The COMELEC may, motu propio 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 seek 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 through any of 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 declares untruthful statements in its petition;
(7)It has ceased to exist for at least one (1) year; or
(8)It fails to participate in the last two (2) preceding elections or fails to
obtain at least two per centum (2%) of the votes cast under the party-list
system in the two (2) preceding elections for the constituency in which it
has registered.
 REPUBLIC ACT 7941:
AN ACT PROVIDING FOR THE ELEC TION
O F P A R T Y - L I S T R E P R E S E N T A T I V E S . . . |3

Section 7.
Certified List of Registered Parties.
The COMELEC shall, not later than sixty (60) days before election, prepare a
certified list of national, regional, or sectoral parties, organizations or
coalitions which have applied or who have manifested their desire to
participate under the party-list system and distribute copies thereof to all
precincts for posting in the polling places on election day. The names of the
part y-list nominees shall not be shown on the certified list.

Section 8.
Nomination of Party-List Representatives.
Each registered party, organization or coalition shall submit to the COMELEC
not later than forty-five (45) days before the election a list of names, not less
than five (5), from which party-list representatives shall be chosen in case it
obtains the required number of votes.

A person may be nominated in one (1) list only. Only persons who have given
their consent in writing may be named in the list. The list shall not include
any candidate for any elective office or a person who has lost his bid for an
elective office in the immediately preceding election. No change of names or
alteration of the order of nominees shall be allowed after the same shall have
been submitted to the COMELEC except in cases where the nominee dies, or
withdraws in writing his nomination, becomes incapacitated in which case the
name of the substitute nominee shall be placed last in the list. Incumbent
sectoral representatives in the House of Representatives who are nominated
in the party-list system shall not be considered resigned.

Section 9.
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 election, able to read and write, a 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 in office until the expiration of his term.
 REPUBLIC ACT 7941:
AN ACT PROVIDING FOR THE ELEC TION
O F P A R T Y - L I S T R E P R E S E N T A T I V E S . . . |4

Section 10.
Manner of Voting.
Every voter shall be entitled to two (2) votes: the first is a vote for candidate
for member of the House of Representatives in his legislative district, and the
second, a vote for the party, organizations, or coalition he wants represented
in the house of Representatives: Provided, That a vote cast for a party,
sectoral organization, or coalition not entitled to be voted for shall not be
counted: Provided, finally, That the first election under the party-list system
shall be held in May 1998.

The COMELEC shall undertake the necessary information campaign for

purposes of educating the electorate on the matter of the party-list system.

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.

For purposes of the May 1998 elections, the first five (5) major political
parties on the basis of party representation in the House of Representatives
at the start of the Tenth Congress of the Philippines shall not be entitled to
participate in the party-list system.

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.

Section 13.
How Party-List Representatives are Chosen.
Party-list representatives shall be proclaimed by the COMELEC based on the
list of names submitted by the respective parties, organizations, or coalitions
to the COMELEC according to their ranking in said list.
 REPUBLIC ACT 7941:
AN ACT PROVIDING FOR THE ELEC TION
O F P A R T Y - L I S T R E P R E S E N T A T I V E S . . . |5

Section 14.
Term of Office.
Party-list representatives shall be elected for a term of three (3) years which
shall begin, unless otherwise provided by law, at noon on the thirtieth day of
June next following their election. No party-list representatives shall serve for
more than three (3) consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the
continuity his service for the full term for which he was elected.

Section 15.
Change of Affiliation; Effect.
Any elected party-list representative who changes his political party or
sectoral affiliation during his term of office shall forfeit his seat: Provided,
That if he changes his political party or sectoral affiliation within six (6)
months before an election, he shall not be eligible for nomination as party-list
representative under his new party or organization.

Section 16.
Vacancy.
In case of vacancy in the seats reserved for party-list representatives, the
vacancy shall be automatically filled by the next representative from the list
of nominees in the order submitted to the COMELEC by the same party,
organization, or coalition, who shall serve for the unexpired term. If the list is
exhausted, the party, organization coalition concerned shall submit additional
nominees.

Section 17.
Rights of Party-List Representatives.
Party-List Representatives shall be entitled to the same salaries and
emoluments as regular members of the House of Representatives.

Section 18.
Rules and Regulations.
The COMELEC shall promulgate the necessary rules and regulations as may
be necessary to carry out the purposes of this Act.

Section 19.
Appropriations.
The amount necessary for the implementation of this Act shall be provided in
the regular appropriations for the Commission on Elections starting fiscal year
1996 under the General Appropriations Act.

Starting 1995, the COMELEC is hereby authorized to utilize savings and other
available funds for purposes of its information campaign on the party-list
system.
 REPUBLIC ACT 7941:
AN ACT PROVIDING FOR THE ELEC TION
O F P A R T Y - L I S T R E P R E S E N T A T I V E S . . . |6

Section 20.
Separability Clause.
If any part of this Act is held invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.

Section 21.
Repealing Clause.
All laws, decrees, executive orders, rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed.

Section 22.
Effectivity.
This Act shall take effect fifteen (15) days after its publication in a newspaper
of general circulation.

Approved, March 3, 1995.