SECTION 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 THROUGH 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.
3. EACH LEGISLATIVE DISTRICT SHALL COMPRISE, AS FAR AS PRACTICABLE, CONTIGUOUS,
COMPACT, AND ADJACENT TERRITORY. EACH CITY WITH A POPULATION OF AT LEAST TWO
HUNDRED FIFTY THOUSAND, OR EACH PROVINCE, SHALL HAVE AT LEAST ONE
REPRESENTATIVE.
4. WITHIN THREE YEARS FOLLOWING THE RETURN OF EVERY CENSUS, THE CONGRESS SHALL
MAKE A REAPPORTIONMENT OF LEGISLATIVE DISTRICTS BASED ON THE STANDARDS PROVIDED
IN THIS SECTION.
Tobias v. Abalos
G.R. No. 114783, December 8, 1994
FACTS:

The petitioners, residents of Mandaluyong City petitioned the legality of Republic Act 7675 An Act
converting the Municipality of Mandaluyong into highly urbanized city.
Prior to the said amendment municipalities of San Juan and Mandaluyong belong to one legislative
district.
Petitioner Tobias assailed the constitutionality of the said law invoking their rights to be consulted as
part of San Juan Municipality.
Petitioners argued that R.A. 7675 violates the minimum requirements of establishing a legislative
district with a population of 250,000 and that the additional district will violate the number of required
congressmen as mandated by the law which pegged at 250 congressmen or as maybe provided by
the law.
Petitioners also argued that the Act violated the one subject title and that the insertion of adding a
separate legislative district under Section 49 of the said act is not germane to the act which covert
the municipality of mandaluyong to a highly urbanized city.

ISSUE
WON additional district will violate the number of required congressmen as mandated by the law
which pegged at 250 congressmen

WON R.A. 7675 violates the minimum requirements of establishing a legislative district with a
population of 250,000
WON the Act violated the one subject title and that the insertion of adding a separate legislative
district under Section 49 of the said act is not germane to the act which covert the municipality of
mandaluyong to a highly urbanized city.

HELD:
On the first issue the court held no, it does not violate the required number of congressmen which is
pegged at 250 members. The present constitution clearly provides that house of representatives
maybe increased, if the congress itself so mandates to legislative enactment

By the reason stated above, it will be absurd for the congress to be pre-empted to fix the
reapportionment and just stunned itself to the minimum requirements. It was the Congress itself
which drafted, deliberated upon and enacted the assailed law.
No, it does not violate the one-subject rule of the law as mandated under Section 26 (1), Art VI of
the constitution. For the creation of a separate legislative district of Mandaluyong is not a subject
separate and distinct from the subject of conversion of Mandaluyong into a highly urbanized city, but
it is a natural and a logical consequence of its conversion.

FACTS:

MARIANO vs. COMELEC (242 SCRA 211)

1. Two petitions assailing certain provisions of RA No. 7854 (An Act Converting the Municipality of
Makati Into a Highly Urbanized City) as unconstitutional.
2. GR No. 118577 involves a petition for prohibition and declaratory relief, and assailing the statute as
unconstitutional on the following grounds:
a. Section 2 did not properly identify the land area or territorial jurisdiction of Makati by metes
and bounds, with technical descriptions, in violation of Section 10, Article X of the
Constitution, in relation to Sections 7 and 450 of the Local Government Code.
b. Section 51 attempts to alter or restart the three-consecutive term limit for local elective
officials, in violation of Section 8, Article X of the Constitution and Section 7, Article VI of the
Constitution.
c. Section 52:
i. Increased the legislative district of Makati only by special law (the Charter) violates
the constitutional provision requiring a general reapportionment law to be passed by
Congress within three years following the return of every census
ii. The increase in legislative district was not expressed in the bill title
iii. The addition of another legislative district in Makati is not in accordance with Section
5 (3), Article VI of the Constitution the population of Makati is 450,000
3. GR No. 118627 involves a petition which assails Section 52 as unconstitutional on the same grounds
as aforestated.
ISSUE:
Whether or not the questioned provisions are constitutional.
HELD:
Yes. Petitions dismissed.
RATIO:
a. D: The importance of drawing with precise strokes the territorial boundaries of a local government
unit cannot be overemphasized. The boundaries must be clear for they define the limits of the
territorial jurisdiction of a local government unit. It can legitimately exercise powers of government
only within the limits of its territorial jurisdiction.
Petitioners have not demonstrated that the delineation of the land area of the proposed City of
Makati will cause confusion as to its boundaries.
D: The existence of a boundary dispute does not per se present an insurmountable difficulty which
will prevent Congress from defining with reasonable certitude the territorial jurisdiction of a local
government unit.
Congress maintained the existing boundaries of the proposed City of Makati.
b. D: The requirements before a litigant can challenge the constitutionality of a law are: (1) there must
be an actual case or controversy; (2) the question of constitutionality must be raised by the proper
party; (3) the constitutional question must be raised at the earliest possible opportunity; and (4) the
decision on the constitutional question must be necessary to the determination of the case itself.
The petition is premised on the occurrence of many contingent events (i.e. Mayor Binay will run
again, etc.)
Petitioners merely posed a hypothetical issue.
Petitioners (residents of Taguig) are not also the proper parties to raise this abstract issue.
c.

D: Reapportionment of legislative districts may be made through a special law, such as in the charter
of a new city. The Constitution clearly provides that Congress shall be composed of not more than
250 members, unless otherwise fixed by law. As thus worded, the Constitution did not preclude

Congress from increasing its membership by passing a law, other than a general reapportionment
law.
This is exactly what the Congress did in enacting RA No. 7854 and providing for an increase in
Makatis legislative district.
D: The policy of the Court favors a liberal construction of the one title one subject rule so as not to
impede legislation. The Constitution does not command that the title of a law should exactly mirror,
fully index, or completely catalogue all its details. Hence, it should be sufficient compliance if the title
expresses the general subject and all the provisions are germane to such general subject.
D: Said section provides, inter alia, that a city with a population of at least 250,000 shall have at least
one representative. Section 3 of the Ordinance appended to the Constitution provides that a city
whose population has increased to more than 250,000 shall be entitled to at least one congressional
representative.
Although Makati has a population of 450,000, its legislative district may still be increased since it has
met the minimum population requirement of 250,000.

FACTS:

MONTEJO VS COMELEC

The province of Leyte, with the cities of Tacloban and Ormoc, is composed of five legislative
districts1. Biliran, located in the third district of Leyte, was made its sub-province by virtue of RA 2141. When
the Local Government Code took effect in 1992, the sub-province of Biliran became a regular province.
Consequently, the 8 municipalities of the Third District composed the new province of Biliran, and the Third
District was reduced to 5 municipalities2. To remedy the inequality in the distribution of inhabitants, the
COMELEC held consultation meetings and promulgated Resolution No. 2736. It transferred the municipality
of Capoocan of the 2nd District and the municipality of Palompon of the 4th District to the 3rd District of Leyte.
Petitioner, representing the First District of Leyte, pleads for the annulment of Section 1 of Resolution No.
2736 of COMELEC on the ground that it violates the principle of equality of representation. Petitioner also
seeks to transfer the municipality of Tolosa from his district to the second district of the province (represented
by Intervenor, Sergio Apostol).
ISSUE:
Whether or not the COMELEC had the constitutional power to transfer municipalities from one
legislative district to another legislative district.
RULING:
No. The basic powers of COMELEC, as the enforcer and administrator of the election laws, are
spelled out in Section 2(c), Article IX of the Constitution. The Constitutional Commission denied to the
COMELEC the major power of legislative apportionment as itself exercised power. Section 2 of the
Ordinance only empowers COMELEC to make minor adjustments of the reapportionments made.
COMELEC committed grave abuse of discretion amounting to lack of jurisdiction when it
promulgated Section 1 of the Resolution. Section 5(4), Article VI of the Constitution categorically gives the
Congress the power to reapportion.
Dispositive:
Section 1 of COMELEC Resolution No. 2736 is annulled and set aside. The petition praying for the transfer
of the municipality of Tolosa from the 1st District to the 2nd District of Leyte is denied.

1 First District: Tacloban City and municipalities of Alangalang, Babatngon, Palo, San Miguel, Sta. Fe, Tanauan and Tolosa; Second District:
Municipalities of Barugo, Barauen, Capoocan, Carigara, Dagami, Dulag, Jaro, Julita, La Paz, Mayorga, MacArthur, Pastrana, Tabontabon, amd
Tunga; Third District: Municipalities of Almeria, Biliran, Cabucgayan, Caibiran, Calubian, Culaba, Kawayan, Leyte, Maripipi, Naval, San Isidro,
Tabango, and Villaba; Fourth District: Ormoc City and the municipalities of Albuera, Isabel, Kananga, Matagob, Merida, and Palompon; Fifth
District: Municipalities of Abuyog, Bato, Baybay, Hilongos, Hindang, Inopacan, Javier, Mahaplag, and Matalom
2 With a total population of 145,067 as per the 1990 Census

VETERANS FEDERATION PARTY VS COMELEC

OCTOBER 6, 2000
FACTS:
On May 11, 1998, the party-list election was held simultaneously with the national election. A total of
123 parties, organizations and coalitions participated but only 13 party-list representatives from 12 parties
and organizations which obtained at least two percent of the total number of votes cast for the party-list
system were proclaimed. The COMELEC enbanc determined that COCOFED (Philippine Coconut Planters
Federation Inc.), was entitled to one party-list seat for having garnered 2.04% of the total votes cast for the
part-list system. Thereafter, several party-list organization filed a petition to the COMELEC to proclaim the
said winner under the Constitution which was later on granted by the COMELEC in division and affirmed by
COMELEC en banc. Consequently, several petition for certiorari, prohibition and mandamus, with prayers for
the issuance of the temporary restraining order or writ of preliminary injunction were filed to the Supreme
Court by the parties who also obtained at least two percent votes cast for party-list system.

ISSUE:

Whether or not the COMELEC commit grave abused of discretion in ruling that 38 parties,
organizations, and coalitions are entitled to a party-list seat.

HELD:

The COMELEC committed a grave abuse of discretion in ruling that the 38 herein respondents are
each entitled to a party-list seat because it glaringly violated two requirements of RA7941 which is the two
percent threshold and proportional representation.
REPUBLIC ACT No. 7941
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 part y. 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.
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;

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.

(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;

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

(6) It declares untruthful statements in its petition;

(7) It has ceased to exist for at least one (1) year; or

party-list system.
In determining the allocation of seats for the second vote, the
following procedure shall be observed:

(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.

(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.

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.

(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 partylist system.
Section 13. How Party-List Representatives are Chosen. Partylist 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.
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 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

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.

ANG BAGONG BAYANI-OFW LABOR PARTY VS. COMELEC (404 SCRA 719)
FACTS:

Motion for proclamation filed by various party-list participants.

4 unique parameters of the Philippine party system:
o 1st, the twenty percent 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.
o 2nd, the two percent 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. chan robles virtual law library
o 3rd, the three-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.
o 4th, proportional representation -- the additional seats which a qualified party is entitled to
shall be computed in proportion to their total number of votes.
June 26, 2001; the Court promulgated a decision requiring Comelec to commence hearings following
the guidelines stated in the said decision. They are also directed by the court to start the hearing of
those who look like they have garnered a certain number of votes to qualify for a seat. Furthermore,
they directed to submit to this Court its compliance report within 30 days from notice. Finally, the May
9, 2001 resolution refraining comelec from declaring any winner shall remain in force until after the
comelec itself will have complied and reported its compliance.
July 27, 2001; Comelec recommended certain parties have passed the 8 point guideline and certain
parties disqualified.
Aug 14, 2001; court issued a resolution partially lifting the may 9, 2001 TRO to proclaim BAYAN
MUNA as the first winner in the party list election.
Aug 24, 2001; court again issued a resolution partially lifting the may 9, 2001 TRO to proclaim
AKBAYAN and BUTI as winning party list groups.
Jan 29, 2002; court agreed to qualify APEC and CIBAC, which had previously been disqualified by
Comelec in its First Compliance Report. Thus, court lifted the may 9, 2001 TRO to proclaim apec
and cibac as winners. To summarize, after the Court had accepted and approved the First Partial
Compliance Report and its amendments, the following nominees were validly proclaimed winners:
BAYAN MUNA (Satur C. Ocampo, Crispin B. Beltran and Liza L. Maza), AKBAYAN (Loretta Ann P.
Rosales), BUTIL (Benjamin A. Cruz), APEC (Ernesto C. Pablo) and CIBAC (Joel J. Villanueva).
Comelec amended its Compliance Reports by adding 4 more party-list participants (BUHAY,
COCOFED, NCIA and BAGONG BAYANI) to the list of qualified candidates for the May 14, 2001
elections.
Nov 25, 2002; OSG contended that NCIA is not a qualified party under the july 27, 2001 report.

ISSUE:
Aside from those already validly proclaimed pursuant to earlier Resolutions of this Court, are there other
party-list candidates that should be proclaimed winners? Does the clause "total votes cast for the party-list
system" include only those ballots cast for qualified party-list candidates?

DECISION:
Having obtained at least two percent of the total valid votes cast in the last party-list elections, the following
qualified participants are declared elected with one nominee each: BUHAY, AMIN, ABA, COCOFED, PM,
SANLAKAS and ABANSE! PINAY.
RATIO:

Comelec made a mistake in disqualifying COCOFED and BUHAY. COCOFED and BUHAY are
qualified. Comelec report on BUHAY was merely anchored on conjectures or speculations. On
COCOFED, the bylaws making the chairman of the Philippine Coconut Authority an automatic
member of the COCOFED National Board has already been deleted as early as May, 1988. The
primary purposes of COCOFED's Articles of Incorporation authorize the organization to help explore
and obtain possible technical and financial assistance for industry development from private or
governmental sources, this statement does not by itself constitute such substantial evidence to
support a conclusion that the COCOFED is an entity funded or assisted by the government.
The votes obtained by disqualified party-list candidates are not to be counted in determining the total
votes cast for the party-list system. In the present cases, the votes they obtained should be deducted
from the canvass of the total number of votes cast during the May 14, 2001 elections. Consequently,
following Section 12 of RA 7941, a new tally and ranking of qualified party-list candidates is now in
order, according to the percentage of votes they obtained as compared with the total valid votes cast
nationwide. The votes for these disqualified groups total 8,595,630. Subtracting this figure from
15,118,815 (the total votes cast as reported in the Compliance Reports) will result in a new total of
6,523,185 valid votes cast for the May 14, 2001 party-list elections. This new figure representing the
votes cast for the 46 qualified party-list participants will now be the basis for computing the twopercent threshold for victory and the number of seats the winners are entitled to.
To repeat, there are only 46 qualified party-list participants. The Commission recommended for
qualification only 42 party-list candidates in its three Compliance Reports. To this figure should be
added the two participants that were approved in our January 29, 2002 Resolution, plus another two
(BUHAY and COCOFED).
The court found that only 12 of the 46 qualified parties obtained at least two percent of the 6,523,185
total valid votes cast.