A party means either a political party Qualifications of Party-List

or a sectoral party or a coalition of Nominees. No person shall be
parties nominated as party-list representative
unless he is a
A political party refers to an
organized group of citizens advocating  natural-born citizen of the
an ideology or platform, principles and Philippines,
policies for the general conduct of  a registered voter,
government and which, as the most  a resident of the Philippines for a
immediate means of securing their period of not less than one
adoption, regularly nominates and (1)year immediately preceding
supports certain of its leaders and the day of the election,
members as candidates for public office  able to read and write,
It is a national party when its  a bona fide member of the party
constituency is spread over the or organization which he seeks to
geographical territory of at least a represent for at least ninety (90)
majority of the regions. It is a regional days preceding the day of the
party when its constituency is spread election,
over the geographical territory of at  and is at least twenty-five (25)
least a majority of the cities and years of age on the day of the
provinces comprising the region. election.

A sectoral party refers to an In case of a nominee of the youth

organized group of citizens belonging to sector, he must at least be twenty-
any of the sectors enumerated in five (25) but not more than thirty
Section 5 hereof whose principal (30) years of age on the day of the
advocacy pertains to the special election. Any youth sectoral
interest and concerns of their sector,
representative who attains the age
A sectoral organization refers to a of thirty (30) during his term shall
group of citizens or a coalition of be allowed to continue in office until
groups of citizens who share similar the expiration of his term.
physical attributes or characteristics,
employment, interests or concerns. Section 8. Nomination of Party-List
Representatives. Each registered
 coalition refers to an aggrupation of party, organization or coalition shall
duly registered national, regional, submit to the COMELEC not later than
sectoral parties or organizations for forty-five (45) days before the election
political and/or election purposes. a list of names, not less than five (5),
from which party-list representatives
shall be chosen in case it obtains the individuals and groups, including those
required number of votes. which now dominate district elections,
to have the same opportunity to
A person may be nominated in one (1)
participate in party-list elections would
list only. Only persons who have given
desecrate this lofty objective and
their consent in writing may be named
mongrelize the social justice
in the list. The list shall not include any
mechanism into an atrocious veneer for
candidate for any elective office or a
traditional politics
person who has lost his bid for an
elective office in the immediately Section 5. Registration. Any
preceding election. No change of names organized group of persons may
or alteration of the order of nominees register as a party, organization or
shall be allowed after the same shall coalition for purposes of the party-list
have been submitted to the COMELEC system by filing with the COMELEC
except in cases where the nominee not later than ninety (90) days
dies, or withdraws in writing his before the election a petition
nomination, becomes incapacitated in verified by its president or secretary
which case the name of the substitute stating its desire to participate in the
nominee shall be placed last in the list. party-list system as a national, regional
Incumbent sectoral representatives in or sectoral party or organization or a
the House of Representatives who are coalition of such parties or
nominated in the party-list system shall organizations, attaching thereto its
not be considered resigned. constitution, by-laws, platform or
program of government, list of officers,
PURPOSE OF PARTYLIST
coalition agreement and other relevant
The party-list system is a social justice information as the COMELEC may
tool designed not only to give more law require: Provided, That the sectors
to the great masses of our people who shall include labor, peasant, fisherfolk,
have less in life, but also to enable urban poor, indigenous cultural
them to become veritable lawmakers communities, elderly, handicapped,
themselves, empowered to participate women, youth, veterans, overseas
directly in the enactment of laws workers, and professionals.
designed to benefit them. It intends to
The COMELEC shall publish the
make the marginalized and the
petition in at least two (2) national
underrepresented not merely passive
newspapers of general circulation.
recipients of the State's benevolence,
but active participants in the
mainstream of representative
The COMELEC shall, after due
democracy. Thus, allowing all
notice and hearing, resolve the
petition within fifteen (15) days (2) It advocates violence or unlawful
from the date it was submitted for means to seek its goal;
decision but in no case not later (3) It is a foreign party or
than sixty (60) days before organization;
election. (4) It is receiving support from any
foreign government, foreign political
Limitations on Registration
party, foundation, organization,
 Religious sectors are prohibited whether directly or through any of its
to be registered for the purpose officers or members or indirectly
of the electoral process which is through third parties for partisan
made in the spirit of separation election purposes;
(5) It violates or fails to comply with
of church and state and intended
laws, rules or regulations relating to
to prevent churches from
elections;
wielding political power.
(6) It declares untruthful statements
 Does not extend to organizations in its petition;
with religious affiliations or to (7) It has ceased to exist for at least
political partied which derive one (1) year; or

their principles from religious (8) It fails to participate in the last two
(2) preceding elections or fails to obtain
beliefs (ban on Catholic Church,
at least two per centum (2%) of the
Iglesia ni Kristo or the muslim
votes cast under the party-list system
denomination). in the two (2) preceding elections for
 Those who seek to achieve their the constituency in which it has
goals through unlawful means registered.
 Those which refuse to adhere to PARTY-LIST REPRESENTATION

the Constitution
 Under RA 7941, THE PARTY-LIST
 Those which are supported by SYSTEM is a mechanism of the
proportional representation in
any foreign government (Section
the election of representatives
2(5), Article IX-C) to the House of Representatives
from national, regional and
 NON ESTABLISHMENT CLAUSE.
sectoral parties or organizations
or coalitions thereof registered
Section 6. Refusal and/or with the COMELEC to enable
Filipinos belonging to the
Cancellation of Registration. marginalized and
(1) It is a religious sect or underrepresented sectors to
denomination, organization or contribute legislation that would
benefit them.
association, organized for religious

purposes;
Party list representation shall 2. Peasant
constitute 20% of the total number
3. Urban poor
of representatives, by selection or
election from the labor, peasant, urban 4. Fisherfolk

poor, indigenous cultural minorities, 5. Indigenous cultural communities

women, youth and such other sectors
6. Women
as may be provided by law, except the
religions sector (Art. VI, Sec. 5(2) 1987 7. Youth

Constitution. 8. Elderly

9. Handicapped
(1) The twenty percent allocation
pertains to the combined number of all 10. Veterans
partylist congressmen shall not exceed 11. Overseas workers
twenty percent of the total membership
12. Professionals
of the House of Representatives,
including those elected under the party 13. Such other sectors as may be
provided by law, except the
list;
(2) Under the two percent threshold religious sector.
parties garnering a minimum of two
percent of the total valid votes cast for Veterans Federation Party vs.
the party-list system are qualified to COMELEC, G.R. No. 136781,
October 6, 2000
have a seat in the House of
Representatives; Facts: Two Comelec resolutions
(3) The three-seat limit states that ordering the proclamation of 38
each qualified party, regardless of the additional party-list representatives to
number of votes it actually obtained, is complete the full complement of 52
entitled to a maximum of three seats; seats in the House of Reps were
that is, one qualifying and two challenged.
additional seats;
Issues: Whether the 20%
(4) Under proportional
allocation for party-list is
representation the additional seats
mandatory
which a qualified party is entitled to
shall be computed in proportion to their RULING: The twenty-percent (20%)
total number of votes. allocation for party-list
representatives mentioned in the

What organizations may qualify Constitution is not mandatory, it

under the party-list system? merely provides a ceiling for the party-
list seats in the HoR. In the exercise of
1. Labor
its constitutional prerogative, Congress
deemed it necessary to require parties
participating in the system to obtain at
least 2% of the total votes cast for the
party list system to be entitled to a
party-list seat. Congress wanted to
ensure that only those parties having a
sufficient number of constituents
deserving of representation are actually
represented in Congress.

FORMULA FOR:
1. Determination of total number of
party-list representatives = # of district
representatives/.80 x .20 additional
representatives of first party = # of Ang Bagong Bayani – OFW Labor
Party vs. COMELEC, G.R. No.
votes of first party/ # of votes of party 147589, June 26, 2001
list system
Facts:
2. Additional seats for concerned party
= # of votes of concerned party/ # Petitioners Ang Bagong Bayani and
votes of first party x additional seats Bayan Muna object to the participation
for concerned party of major political parties. They seek the
disqualification of private respondents,
Angkla: Ang Partido Ng Mga
arguing mainly that the party-list
Pilipinong Marino, Inc. (ANGKLA),
And Serbisyo Sa Bayan Party (SBP) system was intended to benefit the
V. Commission On Elections, et al. marginalized and underrepresented;
G.R. No. 246816, 15 September
not the mainstream political parties,
2020
the non-marginalized or
overrepresented

Issues:

1. Whether political parties may

participate in the party-list stem

2. Whether the party-list system is

exclusive to marginalized and
underrepresented sectors.

RULING:

1. Yes. They cannot be disqualified

from the party-list elections merely
 on the ground that they are political scheme possible" to do so. Conversely,
parties. The Constitution provides it would be illogical to open the system
that members provides that to those who have long been within it
members of the House may be — those privileged sectors that have
elected through a party-list system long dominated the congressional
of registered national, regional, and district elections. This Court,
sectoral parties or organizations. therefore, cannot allow the party-
The purpose of the party-list is list system to be sullied and
to open up the system. prostituted by those who are
Indubitably, therefore, political neither marginalized nor
parties — even the major ones underrepresented.
— may participate in the party-
list elections.

That political parties may

participate in the party-list elections Banat vs. COMELEC, G.R. No.
does not mean, however, that any 179271, April 21, 2009
political party — or any organization Facts:
or group for that matter — may do
so. The requisite character of these Petitioner BANAT party-list, questioned
parties or organizations must be the proclamations of the Comelec as
consistent with the purpose of the well as the formula being used. They
party-list system, as laid down in questioned Sec. 11 of RA 7941 for
the Constitution and RA 7941. In being void because its provision that a
other words, while they are not party-list, to qualify for a congressional
disqualified merely on the ground seat, must garner at least 2% of the
that they are political parties, they votes cast in the party-list election, is
must show, however, that they not supported by the Constitution.
represent the interests of the
Further, the 2% rule creates a
marginalized and underrepresented.
mathematical impossibility to meet the
2. Yes. Only those Filipinos who are 20% party-list seat prescribed by the
marginalized and underrepresented Constitution.
become members of Congress
Issue: Whether the 2% threshold is
under the partylist system. Logic
unconstitutional.
shows that the system has been
opened to those who have never gotten RULING:
a foothold within it — those who cannot
Yes, but only insofar as it is used in
otherwise win in regular elections and
the distribution of additional partylist
who therefore need the "simplest
seats. The allocation of the additional Examples:
seats is no longer limited to the two-
7.33% x 38 = 2.79% (2 additional
percenters. Hence, even those who
seats)
did not get at least 2% of votes,
can still benefit from the second 4.74% x 38 = 1.80% (1 additional
round of seat allocation. seat) 2.12% x 38 = 0.80% (1
additional seat)
We therefore strike down the two
percent threshold only in relation to the Ladlad vs. COMELEC, G.R. No.
distribution of the additional seats as 190582, April 8, 2010
found in the second clause of Section Facts:
11 (b) of R.A. No. 7941. The two
percent threshold presents an Ang Ladlad is an organization
unwarranted obstacle to the full composed of men and women who
implementation of Section 5 (2), Article identify themselves as lesbians, gays,
VI of the Constitution and prevents the bisexuals, or trans-gendered individuals
attainment of "the broadest possible (LGBTs). They applied for registration
representation of party, sectoral or for party-list since the LGBT community
group interests in the House of is a marginalized and under-
Representatives represented sector that is particularly
disadvantaged because of their sexual
The following rules shall be followed to orientation and gender identity. The
determine the additional seats: Comelec denied the application on the
Allocation of guaranteed seats: ground that Ang Ladlad advocates

 Rank all the parties according to the sexual immorality.

votes each obtained Issue: Whether Ang Ladlad can qualify

as a party-list.
 Compute the ratio for each party by
dividing its votes by the total votes cast RULING:
for the party-list
Yes. The enumeration of marginalized
 All those who garnered at least 2% and under-represented sectors is not
shall have a guaranteed seat. Allocation exclusive. The crucial element is not
of additional seats whether a sector is specifically
enumerated, but whether a
 The percentage of votes is multiplied
particular organization complies
by the remaining available seats, 38.
with the requirements of the
(55 maximum seats less the 17
Constitution and RA 7941. They can
guaranteed seats of the two-
fall on the “Such other sectors as may
percenters)
be provided by law, except the religious
sector.” As such, we hold that moral represent the marginalized and
disapproval, without more, is not a underrepresented sectors.
sufficient governmental interest to
In G.R. 189506, petitioner Jovito S.
justify exclusion of homosexuals from
Palparan, Jr. is the first nominee of the
participation in the party-list system.
Bantay party-list group that won a seat
The denial of Ang Ladlad’s registration
in the 2007 elections for the members
on purely moral grounds amounts more
of the House of Representatives.
to a statement of dislike and
Shortly after the elections, respondent
disapproval of homosexuals, rather
Lesaca and the others with him filed
than a tool to further any
with respondent HRET a petition for
quo warranto against Bantay and its
Abayon vs. HRET, G.R. No. 189466, nominee, petitioner Palparan, in HRET
Feb. 11, 2012
Case 07-040. Lesaca and the others
FACTS: alleged that Palparan was ineligible to
sit in the House of Representatives as
These two cases are about the
party-list nominee because he did not
authority of the House of
belong to the marginalized and
Representatives Electoral Tribunal
underrepresented sectors that Bantay
(HRET) to pass upon the eligibilities of
represented, namely, the victims of
the nominees of the partylist groups
communist rebels, Civilian Armed
that won seats in the lower house of
Forces Geographical Units (CAFGUs),
Congress.
former rebels, and security guards.
In G.R. 189466, petitioner Daryl Grace Lesaca and the others said that
J. Abayon is the first nominee of the Palparan committed gross human rights
Aangat Tayo party-list organization that violations against marginalized and
won a seat in the House of underrepresented sectors and
Representatives during the 2007 organizations.
elections.
ISSUE: Whether HRET has jurisdiction
Respondents Perfecto C. Lucaban, Jr., over the question of qualifications of
Ronyl S. Dela Cruz, and Agustin C. petitioners Abayon and Palparan as
Doroga, all registered voters, filed a nominees of Aangat Tayo and Bantay
petition for quo warranto with party-list organizations, respectively,
respondent HRET against Aangat Tayo who took the seats at the House of
and its nominee, petitioner Abayon, in Representatives that such organizations
HRET Case 07-041. They claimed that won in the 2007 elections.
Aangat Tayo was not eligible for a
RULING:
party-list seat in the House of
Representatives, since it did not
Yes. Although it is the party-list organizations or parties to which such
organization that is voted for in the party-list representatives belong.
elections, it is not the organization that
Once elected, both the district
sits as and becomes a member of the
representatives and the party-list
House of Representatives. Section 5,
representatives are treated in like
Article VI of the Constitution, identifies
manner. They have the same
who the "members" of that House are:
deliberative rights, salaries, and
Sec. 5. (1). The House of Representatives emoluments. They can participate
shall be composed of not more than two in the making of laws that will
hundred and fifty members, unless directly benefit their legislative
otherwise fixed by law, who shall be districts or sectors. They are also
elected from legislative districts subject to the same term limitation
apportioned among the provinces, cities, of three years for a maximum of
and the Metropolitan Manila area in three consecutive terms.
accordance with the number of their
In the cases before the Court, those who
respective inhabitants, and on the basis of
chal`
a uniform and progressive ratio, and
those who, as provided by law, shall be lenged the qualifications of petitioners
elected through a party-list system of Abayon and Palparan claim that the two
registered national, regional, and sectoral do not belong to the marginalized and
parties or organizations. underrepresented sectors that they ought
to represent. The Party-List System Act
Clearly, the members of the House of
provides that a nominee must be a "bona
Representatives are of two kinds:
fide member of the party or organization
"members x x x who shall be elected from
which he seeks to represent."
legislative districts" and "those who x x x
shall be elected through a party-list It is for the HRET to interpret the
system of registered national, regional, meaning of this particular qualification of
and sectoral parties or organizations." a nominee—the need for him or her to be
This means that, from the Constitution’s a bona fide member or a representative of
point of view, it is the party-list his party-list organization—in the context
representatives who are "elected" into of the facts that characterize petitioners
office, not their parties or organizations. Abayon and Palparan’s relation to Aangat
These representatives are elected, Tayo and Bantay, respectively, and the
however, through that peculiar party-list marginalized and underrepresented
system that the Constitution authorized interests that they presumably embody.
and that Congress by law established
where the voters cast their votes for the NOTE: COMELEC determines the
qualifications of party lists. HRET
determines qualification of the their intent to participate in the May
party list nominees. 14, 2007 synchronized national and
local elections and submitted their
Lokin vs. COMELEC, G.R. Nos. list of 5 nominees (Villanueva, Lokin
179431-32, June 22, 2010 (herein petitioner), Cruz-Gonzales,
Tugna and Galang). The list was
Facts: later published in the newspapers of
general circulation. Before the
The SC ruled that Comelec cannot issue elections, Villanueva filed a
rules and regulations that provide a certificate of nomination,
ground for the substitution of a party- substitution and amendment of the
list nominee NOT written in R.A.7941. list of nominees whereby it withdrew
the nominations of Lokin, Tugna and
Sec. 8 provides – “Nomination of Galang and substituted Borje. The
Party-List Representatives. Each amended list included Villanueva,
registered party, organization or Cruz-Gonzales and Borje.
coalition shall submit to the Subsequently, Villanueva
Comelec not later than 45 days transmitted to Comelec the signed
before the election a list of names, petitions of more than 81% if the
not less than five (5), from which CIBAC members in order to confirm
party-list representatives shall be the withdrawal of the nominations of
chosen in case it obtains the Lokin, Tugna and Galang.
required number of votes.
A person may be nominated Based on the Party-List Canvas
in one (1) list only. Only Report, it showed that CIBAC was
persons who have given their entitled to a second seat, hence, the
consent in writing may be named in counsel of CIBAC filed with the
the list. The list shall not include any Comelec sitting as National Board of
candidate for any elective office or a Canvassers, a request to proclaim
person who has lost his bid for an Lokin as the 2nd nominee which was
elective office in the immediately opposed by Villanueva and Cruz-
preceding election. NO change of Gonzales. Since Comelec failed to
names or alteration of the order act on the filing of the certificate of
of nominees shall be allowed nomination, substitution and
after the same shall have been amendment of the list of nominees
submitted to the Comelec except and the petitions of the more than
in cases (1) where the nominee 81% of CIBAC members, Villanueva
dies, or (2) withdraws in writing filed a petition to confirm the said
his nomination, (3) becomes certificate with the Comelec which
incapacitated in which case the was docketed as E.M. No. 07-054.
name of the substitute nominee In the meantime, Comelec as NBC
shall be placed last in the list. partially proclaimed several party
Incumbent sectoral lists as having won which included
representatives in the HR who Cibac.
are nominated in the party-list
system shall not be considered The Secretary General of CIBAC
resigned.” informed the Secretary General of
the HR to formally swear Lokin into
CIBAC (Citizens’ Battle Against office but which was denied in view
Corruption) thru its President of the pendency of E.M. No. 07-054
Emmanuel Villanueva manifested which approved the withdrawal of
 the nominations of Lokin et. al. and regulations in accordance with the
the substitution of Borje. Cruz- provisions of the Omnibus Election
Gonzales was proclaimed as the
official second nominee. Code and the Party-List System Act. As
an administrative agency, it cannot
Lokin brought before the SC via amend an act of Congress nor issue
Mandamus to compel respondent
IRRs that may enlarge, alter or restrict
Comelec to proclaim him as the
official second nominee of CIBAC. the provisions of the law it administers
Also, in another petition, Lokin and enforces. Section 8 of R.A. No.
assailed Sec. 13 of Resolution No. 7941 provides that: Each registered
7804 (Rules and Regulations
Governing the filing of Manifestation party, organization or coalition
of Intent to Participate and shall submit to the COMELEC not
submission of Names of Nominees later than forty-five (45) days
under the Party-List) and its
resolution in E.M. No. 07-054. before the election a list of names,
not less than five (5), from which
The Comelec asserts that a party-list representatives shall be
petition for certiorari is an
chosen in case it obtains the
inappropriate recourse in law due to
the proclamation of Cruz-Gonzales required number of votes.
as representative and her
assumption of that office; that A person may be nominated in one (1)
Lokin’s proper recourse was an list only. Only persons who have given
electoral protest filed in the HRET,
their consent in writing may be named
therefore, the Court has no
jurisdiction over the matter being in the list. The list shall not include any
raised by Lokin. CIBAC posits that candidate of any elective office or a
Lokin is guilty of forum shopping for person who has lost his bid for an
filing a petition for mandamus and a
petition for certiorari, considering elective office in the immediately
that both petitions ultimately seek preceding election. No change of names
to have him proclaimed as the or alteration of the order of nominees
second nominee of CIBAC.
shall be allowed after the same shall
ISSUE: W/N Section 13 of Resolution have been submitted to the COMELEC
No 7804 is valid? except in cases where the nominee
dies, or withdraws in writing his
RULING:
nomination, becomes incapacitated in
The Court held that Section 13 of which case the name of the substitute
Resolution No. 7804 was invalid and nominee shall be placed last in the list.
that the COMELEC committed grave Incumbent sectoral representatives in
abuse of discretion in including the the House of Representatives who are
same in said Resolution. nominated in the party-list system shall
not be considered resigned.
The COMELEC issued Resolution No.
7804 as an implementing rules and
The above provision is clear and organizations, and the nominees
unambiguous and expresses a single thereof need not come from that sector
and definite meaning, there is no room itself, provided that he can show that
for interpretation or construction but he has a proven track record for
only for application. Section 8 clearly advocating the cause of the
prohibits the change of nominees and organization he seeks to represent.
alteration of the order in the list of
The recognition that national and
nominees’ names after submission of
regional parties, as well as sectoral
the list to the COMELEC.
parties of professionals, the elderly,
COMELEC Section 13 of Resolution women and the youth, need not be
No. 7804 (IRR), on the other hand, "marginalized and underrepresented"
provides: Section 13. Substitution will allow small ideology-based and
of nominees. A party-list nominee cause-oriented parties who lack "well-
may be substituted only when he dies, defined political constituencies" a
or his nomination is withdrawn by the chance to win seats in the House of
party, or he becomes incapacitated to Representatives.
continue as such, or he withdraws his
On the other hand, limiting to the
acceptance to a nomination. In any of
"marginalized and underrepresented"
these cases, the name of the substitute
the sectoral parties for labor, peasant,
nominee shall be placed last in the list
fisher folk, urban poor, indigenous
of nominees.
cultural communities, handicapped,
Atong Paglaum vs. COMELEC, G.R. veterans, overseas workers, and other
No. 203766, April 2, 2013 sectors that by their nature are
Facts: economically at the margins of society,
will give the "marginalized and
52 party-list groups assailed the underrepresented" an opportunity to
Resolutions issued by Comelec denying likewise win seats in the House of
their petitions for registration under the Representatives.
party-list system.
TN: Belonging to the "marginalized and
Issue: Whether the criteria for underrepresented" sector does not
participating as party-list system laid mean one must "wallow in poverty,
down in Ang Bagong Bayani and BANAT destitution or infirmity." It is sufficient
should be applied by the Comelec in the that one, or his or her sector, is below
coming May 2013 party-list elections. the middle class or those who fall in the

RULING: low income group as classified by the

National Statistical Coordination Board.
No. Political parties need not align
themselves with sectoral groups or 6 parameters:
1. Three different groups may
participate in the party-list system: The
national, regional and sectoral parties.

2. National parties and regional parties

do not need to organize along the
sectoral lines and do not need to
represent any “marginalized or
underrepresented” sector.

3. Political parties can participate in

party-list elections provided they
register under the party-list system and
do not field candidates in legislative
district elections

4. Sectoral parties may either be

“marginalized and underrepresented”
or lacking in “well-defined political
constituencies.”

5. A majority of the members of

sectoral parties that represent the
marginalized and underrepresented
must belong to such sector which they
represent

6. National, regional and sectoral

parties shall not be disqualified if some
of their nominees are disqualified,
provided that they have at least one
nominee who remains qualified.