Table of Contents

Political Party and Party-list Organization 1

Definition 1
Groups which cannot be Registered as
Political Parties 3

RA No. 7941
AN ACT PROVIDING FOR THE ELECTION
OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM 3

Registration 3
Grounds for Cancellation of Registration 4
Manifestation to Participate in the
Party-list System 4
Refusal and/or cancellation of registration 4
Nomination of party-list nominees 5
Qualifications of party-list nominee 5
Manner of Voting; Number; Raffle 5
Relevant Cases
BANAT v. COMELEC 6
Atong Paglaum v. COMELEC 6
Palparan v. HRET 7

Definition of Terms

● Political Party - "Political party" or

"party", when used in this Act, means
an organized group of persons pursuing
the same ideology, political ideas or
platforms of government and includes
its branches and divisions. To acquire
juridical personality, quality it for
subsequent accreditation, and to entitle
it to the rights and privileges herein
granted to political parties, a political
party shall first be duly registered with
the Commission. Any registered political
Political Party and Party-list 1
Organization
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 party that, singly or in coalition with least a majority of the cities and
others, fails to obtain at least ten provinces comprising the region.
percent of the votes cast in the ● A sectoral party refers to an organized
constituency in which it nominated and group of citizens belonging to any of the
supported a candidate or candidates in sectors enumerated in Section 5 hereof
the election next following its whose principal advocacy pertains to the
registration shall, after notice and special interest and concerns of their
hearing be deemed to have forfeited sector;
such status as a registered political ● A sectoral organization refers to a
party in such constituency.(BP 881, group of citizens or a coalition of groups
Article VIII, Section 60 (Omnibus of citizens who share similar physical
Election Code of the Philippines) attributes or characteristics,
employment, interests or concerns.
● The party-list system is a mechanism ● A coalition refers to an aggrupation of
of proportional representation in the duly registered national, regional,
election of representatives to the House sectoral parties or organizations for
of Representatives from national, political and/or election purposes.(RA
regional and sectoral parties or 7941, Section 3 (Party-List System Act)
organizations or coalitions thereof
registered with the Commission on ● Political Party –an organized group of
Elections (COMELEC). Component qualified voters pursuing the same
parties or organizations of a coalition ideology, political ideas and principles
may participate independently provided for the general conduct of the
the coalition of which they form part government; it may be:
does not participate in the party-list
system. [1] A national party when its
● A party means either a political party or constituency is spread over the
a sectoral party or a coalition of parties. geographical territory of at least a
● A political party refers to an organized majority of the regions; and
group of citizens advocating an ideology [2] A regional party when its
or platform, principles and policies for constituency is spread over the
the general conduct of government and geographical territory of at least a
which, as the most immediate means of majority of the cities and provinces
securing their adoption, regularly comprising a region. (Primer on the
nominates and supports certain of its Party-List System of Representation in
leaders and members as candidates for the House of Representatives by
public office. COMELEC)
It is a national party when its
constituency is spread over the ● Sectoral Party – an organized group of
geographical territory of at least a citizens whose principal advocacy
majority of the regions. It is a regional pertains to the special interests and
party when its constituency is spread concerns of the following sectors:
over the geographical territory of at
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 Labor, fisherfolk, peasant, women, Register, after sufficient publication,
urban poor, youth, indigenous cultural political parties, organizations, or
communities, overseas workers, coalitions which, in addition to other
veterans, professionals, handicapped, requirements, must present their
elderly.(Primer on the Party-List System platform or program of government;
of Representation in the House of and accredit citizens’ arms of the
Representatives by COMELEC) Commission on Elections. Religious
denominations and sects shall not be
● Sectoral Organization – a group of registered. Those which seek to achieve
qualified voters bound together by their goals through violence or unlawful
similar physical attributes or means, or refuse to uphold and adhere
characteristics, or by employment, to this Constitution, or which are
interests or concerns. (Primer on the supported by any foreign government
Party-List System of Representation in shall likewise be refused registration.
the House of Representatives by
COMELEC) Financial contributions from foreign
governments and their agencies to
Groups which cannot be Registered political parties, organizations,
as Political Parties coalitions, or candidates related to
elections constitute interference in
● Registration - Any organized group of national affairs, and, when accepted,
persons seeking registration as a shall be an additional ground for the
national or regional political party may cancellation of their registration with the
file with the Commission a verified Commission, in addition to other
petition attaching thereto its constitution penalties that may be prescribed by law.
and by-laws, platform or program of (Art. IX-C, Sec. 2(5) of the Constitution)
government and such other relevant
information as may be required by the
Commission. The Commission shall, RA No. 7941
after due notice and hearing, resolve AN ACT PROVIDING FOR THE
the petition within ten days from the ELECTION OF PARTY-LIST
date it is submitted for decision. REPRESENTATIVES THROUGH

No religious sect shall be registered as a Registration

political party and no political party
which seeks to achieve its goal through Any organized group of persons may register as
violence shall be entitled to a party, organization or coalition for purposes of
accreditation.(BP 881, Article VIII, the party-list system by filing with the COMELEC
Section 61) not later than ninety (90) days before the
election a petition verified by its president or
● Powers and Functions of the secretary stating its desire to participate in the
COMELEC party-list system as a national, regional or
sectoral party or organization or a coalition of
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such parties or organizations, attaching thereto (7) It has ceased to exist for at least
its constitution, by-laws, platform or program of one (1) year; or
government, list of officers, coalition agreement (8) It fails to participate in the last two
and other relevant information as the COMELEC (2) preceding elections or fails to obtain
may require: Provided, That the sectors shall at least two per centum (2%) of the
include labor, peasant, fisherfolk, urban poor, votes cast under the party-list system in
indigenous cultural communities, elderly, the two (2) preceding elections for the
handicapped, women, youth, veterans, overseas constituency in which it has registered.
workers, and professionals. (RA 7941, Section 5 (RA 7941, Section 5 (Party-List System
(Party-List System Act) Act)

Manifestation to Participate in the

Grounds for Cancellation of Party-list System
Registration
Any party, organization, or coalition already
● Refusal and/or Cancellation of registered with the Commission need not
Registration - The COMELEC may, register anew. However, such party,
motu propio or upon verified complaint organization, or coalition shall file with the
of any interested party, refuse or cancel, Commission, not later than ninety (90) days
after due notice and hearing, the before the election, a manifestation of its desire
registration of any national, regional or to participate in the party-list system.
sectoral party, organization or coalition
on any of the following grounds: Refusal and/or cancellation of
registration
(1) It is a religious sect or
denomination, organization or Section 6. Refusal and/or Cancellation of
association, organized for religious Registration. The COMELEC may, motu propio or
purposes; upon verified complaint of any interested party,
(2) It advocates violence or unlawful refuse or cancel, after due notice and hearing,
means to seek its goal; the registration of any national, regional or
(3) It is a foreign party or organization; sectoral party, organization or coalition on any
(4) It is receiving support from any of the following grounds:
foreign government, foreign political
party, foundation, organization, whether (1) It is a religious sect or denomination,
directly or through any of its officers or organization or association, organized for
members or indirectly through third religious purposes;
parties for partisan election purposes; (2) It advocates violence or unlawful means to
(5) It violates or fails to comply with seek its goal;
laws, rules or regulations relating to (3) It is a foreign party or organization;
elections; (4) It is receiving support from any foreign
(6) It declares untruthful statements in government, foreign political party, foundation,
its petition; organization, whether directly or through any of

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its officers or members or indirectly through ● Incumbent sectoral representatives in
third parties for partisan election purposes; the House of Representatives who are
(5) It violates or fails to comply with laws, rules nominated in the party-list system shall
or regulations relating to elections; not be considered resigned. (RA 7941,
(6) It declares untruthful statements in its Section 5 (Party-List System Act)
petition;
(7) It has ceased to exist for at least one (1) Qualifications of Party-list Nominees
year; or
(8) It fails to participate in the last two (2) Section 9. Qualifications of Party-List
preceding elections or fails to obtain at least two Nominees.
per centum (2%) of the votes cast under the 1. Natural-born citizen of the Philippines;
party-list system in the two (2) preceding 2. A registered voter;
elections for the constituency in which it has 3. a resident of the Philippines for a period
registered. of not less than one (1) year
immediately preceding the day of the
Nomination of Party-list Nominees election;
4. Able to read and write;
Section 8. Nomination of Party-List 5. A bona fide member of the party or
Representatives. Each registered party, organization which he seeks to
organization or coalition shall submit to the represent for at least ninety (90) days
COMELEC not later than forty-five (45) days preceding the day of the election;
before the election a list of names, not less than 6. At least twenty-five (25) years of age on
five (5), from which party-list representatives the day of the election. ( RA 7941,
shall be chosen in case it obtains the required Section 5 (Party-List System Act)
number of votes.
In case of a Nominee of the Youth Sector
● A person may be nominated in one (1) ● Must at least be twenty-five
list only (25) but not more than thirty
● Only persons who have given their (30) years of age on the day of
consent in writing may be named in the the election;
list. ● Any youth sectoral
● The list shall not include any candidate representative who attains the
for any elective office or a person who age of thirty (30) during his
has lost his bid for an elective office in term shall be allowed to
the immediately preceding election. continue in office until the
● No change of names or alteration of the expiration of his term.
order of nominees shall be allowed after
the same shall have been submitted to Manner of Voting; Number
the COMELEC except in cases where the
nominee dies, or withdraws in writing Section 10. Manner of Voting or RA 7941
his nomination, becomes incapacitated ● Every voter shall be entitled to two (2)
in which case the name of the substitute votes:
nominee shall be placed last in the list.
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 ○ The first is a vote for candidate the prescribed 20% share of party-lists in the
for member of the House of lower house. BANAT also proposes a new
Representatives in his legislative computation (which shall be discussed in the
district, and the “HELD” portion of this digest). On the other
○ Second, a vote for the party, hand, BAYAN MUNA, another party-list
organizations, or coalition he candidate, questions the validity of the 3 seat
wants represented in the house rule (Section 11a of RA 7941). It also raised the
of Representatives issue of whether or not major political parties
● Provided, That a vote cast for a party, are allowed to participate in the party-list
sectoral organization, or coalition not elections or is the said elections limited to
entitled to be voted for shall not be sectoral parties.
counted
● The COMELEC shall undertake the Issue/s: Whether or not the 20% allocation for
necessary information campaign for party-list representatives mandatory or a mere
purposes of educating the electorate on ceiling ?
the matter of the party-list system.
Held: No. The 20% allocation for party-list
Relevant Cases representatives is merely a ceiling – meaning,
the number of party-list representatives shall not
BANAT v. COMELEC, G.R No. 179271 exceed 20% of the total number of the
members of the lower house. However, it is not
Facts: In July and August 2007, the COMELEC, mandatory that the 20% shall be filled.
sitting as the National Board of Canvassers,
made a partial proclamation of the winners in The Court also provided the formulas for the
the party-list election which was held in May computation of seats: for the 80-20 rule
2007. (Current Number of Legislative District
Representatives ÷ 0.80) x (0.20) = Number of
The Barangay Association for National Seats Available to Party-List Representatives.
Advancement and Transparency (BANAT), a The 2% rule should mean that if a party- list
party-list candidate, questioned the garners 2% of the votes cast, then it is
proclamation as well as the formula being used. guaranteed a seat, and not “qualified”.
BANAT averred that the 2% threshold is invalid; Thisallows those party-lists garnering less than
Sec. 11 of RA 7941 is void because its provision 2% to also get a seat. In computing the
that a party-list, to qualify for a congressional additional seats, the guaranteed seats shall no
seat, must garner at least 2% of the votes cast longer be included because they have already
in the party-list election, is not supported by the been allocated, at one seat each, to every two-
Constitution. Further, the 2% rule creates a percenter. Thus, the remaining available seats
mathematical impossibility to meet the 20% for allocation as “additional seats” are the
party-list seat prescribed by the Constitution. maximum seats reserved under the Party List
BANAT also questions if the 20% rule is a mere System less the guaranteed seats. Fractional
ceiling or is it mandatory. If it is mandatory, seats are disregarded in the absence of a
then with the 2% qualifying vote, there would provision in R.A. No. 7941 allowing for a
be instances when it would be impossible to fill rounding off of fractional seats. In short, there
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shall be two rounds in determining the allocation for as long as they field candidates who come
of the seats. In the first round, all party-lists from different marginalized sectors. Section 5
which garnered at least 2% of the votes cast (1) of Article VI of the Constitution provides that
(called the two- percenters) are given their one there shall be “a party-list system of registered
seat each. The total number of seats given to national, regional, and sectoral parties or
these two- percenters is then deducted from the organizations.” It is clear that the framers did
total available seats for party-lists. not intend the party-list system to be only
sectoral but composed of three different groups:
Atom Paglaum Inc. v. COMELEC, G.R No. national, regional, and sectoral parties.
203766
Moreover, Section 3 (a) of RA 7941 defines a
Facts: These are 54 petitions for certiorari and “party” as either a political or sectoral party. It
prohibition filed by 52 party lists groups assailing further provides a definition for each. Said law
the COMELEC resolution disqualifying them from does not require national and regional parties to
the 2013 elections, by denial or cancellation of represent the “marginalized and
their registration and accreditation. Pursuant to underrepresented” sectors. It is sufficient that a
RA 7941 and COMELEC Resolution Nos. 9366 political party consists of citizens who advocate
and 9531, approximately 280 groups and the same ideology or platform, or the same
organizations registered and manifested their governance principles and policies, regardless of
desire to participate in the 2013 elections. their economic status as citizens. Section 5 of
RA 7941 are not necessarily marginalized and
COMELEC scheduled summary evidentiary underrepresented as some may “lack well-
hearings to determine whether the groups and defined constituencies” and can thus organize
organizations that filed manifestations of intent themselves into sectoral parties and advocate
to participate in the elections have continually for their respective interests and concerns.
complied with the requirements of RA 7941 and Another reason is that in Section 6, none of the
Ang Bagong Bayani-OFW Labor Party vs. eight grounds to refuse or cancel registration
COMELEC. The COMELEC disqualified said Atong refers to non-representation of the
Paglaum and the other petitioners. They prayed “marginalized and underrepresented.” Said
for the issuance of temporary restraining order phrase should refer only to sectors in Section 5
and/or writ of preliminary injunction. The Court that are, by their nature, economically
issued Status Quo Ante Orders. “marginalized and underrepresented”. For these
sectors, a majority of the members must belong
Issue/s: Whether or not the rule laid down in to the sector and its nominees must be either
Ang Bagong Bayani and BANAT should be belonging to the sector or must have a track
applied in this case? record of advocacy for the sector represented.
The case was remanded.
Held: No. Citing from the discussions of the
Constitutional Commission, the party-list system Palparan v. HRET, G.r. No. 189466
is not synonymous with that of the sectoral
representation. The framers of the Constitution Facts: In the 2007 elections, Bantay party-list
intended to include both sectoral and non- group received the sufficient voting percentage
sectoral parties. Political parties can participate entitling it to a seat in the House of
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Representatives in which Petitioner Jovito S. sectoral parties or organizations”. Thus, it is the
Palparan, Jr. is the first nominee of the said part- list representatives who are “elected” into
party-list group.
office, not their parties or organizations.
Although it is the party-list organization that is
Respondents Reynaldo Lesaca, Jr. , Cristina
voted for in the elections, it is not the
Palabay, Renato M. Reyes. Jr., Erlinda Cadapan,
organization that sits as and becomes member
Antonia Flores, and JoselitoUstarez are members
of the House of Representatives. As
of the other party-list groups filed with the HRET
contemplated in Section 17 Article VI of the
a petition for quo warranto against Bantay and
1987 Constitution , the HRET shall be the sole
its nominee, Palaparan. They alleged that
judge of all contests relating to the election,
Palapran is not eligible to sit in the House of
returns, and qualifications of the members of
Representative because he did not belong to a
the House of Representatives. Since the party-
marginalized and underrepresented sectors
list representatives and districts representatives
which then are the victims of communist rebels,
are treated in like manner, the HRET has
Civilian Forces Geographical Units (CAFGUs),
jurisdiction to hear and pass upon their
security guards and former rebels.
qualifications.

Palaparan claimed that he was just Bantay’s

Once the party or organization of the party-list
nominee and that HRET had no jurisdiction over
nominee has been proclaimed and the nominee
his person since it was actually the party-list
has taken his oath and assumed office as
that was elected to assume membership in the
member of the House of Representatives, the
House of Representatives. Furthermore, he said
COMELEC’s jurisdiction over election contests
that such question should be raised before the
relating to his qualifications ends and the
party-list group, not before the HRET.
HRET’s own jurisdiction begins.

On July 23, 2009 HRET issued an order

Section 17, Article VI of the Constitution
upholding its jurisdiction over the question of
provides that the HRET shall be the sole judge
petitioner Palparan’s qualifications. Palparan
of all
filed a motio for reconsideration but the HRET
contests relating to, among other things, the
denied it by a resolution dated September 10,
qualifications of the members of the House of
2009.
Representatives. Since party- list nominees are
“elected members” of the House of
Issue/s: Whether the HRET has the jurisdiction
Representatives no less than the district
concerning the eligibility of the nominees of the
representatives are, the HRET has jurisdiction to
party- list groups that won seats in the lower
hear and pass upon their qualifications. By
house of Congress.
analogy with the cases of district
representatives, once the party or organization
Held: YES. Under Section 5, Article VI of the
of the party-list nominee has been proclaimed
Constitution, the members of the House of
and the nominee has taken his oath and
Representatives are of two kinds: “members
assumed office as member of the House of
who shall be elected from legislative districts”
Representatives, the COMELEC’s jurisdiction
and “those who shall be elected through a party
over election contests relating to his
-list system of registered national, regional, and

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qualifications ends and the HRET’s own
jurisdiction begins.

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Julian, Raymund Election Law
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