The 1987 Constitution mandates the party-list method of representation.
Section 5, Article VI of the Constitution, which
provides:
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 by 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.
Complying with its constitutional duty to provide by law the "selection or election" of party-list representatives, Congress
enacted RA 7941 on March 3, 1995.
The requirements for entitlement to a party-list seat in the House are prescribed by RA 7941 in this wise:
Sec. 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.
Veterans Federation Party v. COMELEC
G.R. No. 136781, 06 October 2000
To determine the winners in a Philippine-style party-list election, the Constitution and R.A. 7941 mandate at least four
inviolable parameters. These are:
First, the Twenty Percent (20%) Allocation – the combined number of all party-list congressmen shall not exceed twenty
percent of the total membership of the House of Representatives, including those elected under the party list.
Second, the Two Percent (2%) Threshold – only those parties garnering a minimum of two percent of the total valid votes
cast for the party-list system are "qualified" to have a seat in the House of Representatives;
Third, the 3-Seat Limit – each qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum
of three seats; that is, one "qualifying" and two additional seats.
Fourth, Proportional Representation – the additional seats which a qualified party is entitled to shall be computed "in
proportion to their total number of votes."
Determination of Total Number of Party-List Lawmakers.
The Constitution makes the number of district representatives the determinant in arriving at the number of seats allocated for
party-list lawmakers, who shall comprise "twenty per centum of the total number of representatives including those under the
party-list." This legal provision is thus translated into a mathematical formula, as follows:
Number of District Representatives (Congressmen)
X 0.20 = No. of Allocated Seats for Party-List Representatives
0.80
Q: Does the Constitution require all such allocated seats to be filled up all the time and under all circumstances?
A: No, because the twenty percent allocation is a mere ceiling. The Constitution simply states that "[t]he party-list
representatives shall constitute twenty per centum of the total number of representatives including those under the party-list."
A simple reading of Section 5, Article VI of the Constitution, easily conveys the equally simple message that Congress was
vested with the broad power to define and prescribe the mechanics of the party-list system of representation. The Constitution
explicitly sets down only the percentage of the total membership in the House of Representatives reserved for party-list
representatives.
