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Case Digest 14

The document discusses two issues regarding party-list elections in the Philippines: 1) whether the 20% allocation for party-list representatives is mandatory and 2) whether the 2% threshold to qualify for a seat is valid. The court ruled that the 20% allocation is not mandatory and that the 2% threshold is unconstitutional.

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Yappi Nani
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27 views1 page

Case Digest 14

The document discusses two issues regarding party-list elections in the Philippines: 1) whether the 20% allocation for party-list representatives is mandatory and 2) whether the 2% threshold to qualify for a seat is valid. The court ruled that the 20% allocation is not mandatory and that the 2% threshold is unconstitutional.

Uploaded by

Yappi Nani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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FACTS:

In July and August 2007, the Comelec, sitting as the National Board of Canvassers, made a partial
proclamation of the winners in the party-list elections which was held in May 2007. In proclaiming
the winners and apportioning their seats, the Comelec considered the following rules: (1) In the
lower house, 80% shall comprise the seats for legislative districts, while the remaining 20% shall
come from party-list representatives (Sec. 5, Article VI, 1987 Constitution); (2) Pursuant to Sec. 11b
of R.A. 7941 or the Party-List System Act, a party-list which garners at least 2% of the total votes
cast
in the party-list elections shall be entitled to one seat; (3) If a party-list garners at least 4%, then it
is
entitled to 2 seats; if it garners at least 6%, then it is entitled to 3 seats – this is pursuant to the 2-4-
6
rule or the Panganiban Formula from the case of Veterans Federation Party vs Comelec; (4) In no
way shall a party be given more than three seats even if if garners more than 6% of the votes cast
for
the party-list election (3 seat cap rule, same case).
The Barangay Association for National Advancement and Transparency (BANAT), a party-list
candidate, questioned the proclamation as well as the formula being used. BANAT averred that the
2% threshold is invalid; Sec. 11 of RA 7941 is void because its provision that a party-list, to qualify
for a congressional seat, must garner at least 2% of the votes cast in the party-list election, is not
supported by the Constitution. Further, the 2% rule creates a mathematical impossibility to meet
the
20% party-list seat prescribed by the Constitution. BANAT also questioned if the 20% rule is a mere
ceiling or is it mandatory. If it is mandatory, then with the 2% qualifying vote, there would be
instances when it would be impossible to fill the prescribed 20% share of party-lists in the lower
house. BANAT also proposes a new computation (which would be discuss later on).
On the other hand, BAYAN MUNA, another party-list candidate, questions the validity of the 3 seat
rule (Section 11a of RA 7941). It also raised the issue of whether or not major political parties are
allowed to participate in the party-list elections or is the said elections limited to sectoral parties.
ISSUES:
1. Whetherthe 20% allocation for party-list representatives is mandatory. (NO)
2. Whether the 2% threshold to qualify for a seat is valid. (NO)
RULINGS:
1. The 20% allocation for party-list representatives is a mereceiling, which means that the number
of party-list representatives shall not exceed 20% of the total number of the members of the
lower house. However, it is not mandatory that the 20% shall be filled.
2. Section 11b of RA 7941 is unconstitutional. There is no constitutional basis to allow that only
party-lists which garnered 2% of the votes cast a requalified for a seat and those which garnered
less than 2% are disqualified. Further, the 2% threshold creates a mathematical impossibility to
attain the ideal 80-20 apportionment. Instead, the 2% rule should mean that if a party-list garners
2% of the votes cast, then it is guaranteed a seat, and not “qualified.”

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