Escolar Documentos
Profissional Documentos
Cultura Documentos
11 (b) , ART 6 SEC 5PAR 2)how may the additional seats be allocated for party list systems.
FACTS ISSUES RLAC
1) 14 May 2007 elections included the elections for the party-list 1. Is the twenty percent allocation for party-
representatives. The COMELEC counted 15,950,900 votes cast
for 93 parties under the Party-List System. list representatives in Section 5(2), Article Issue Ruling
VI of the Constitution mandatory or merely
I Just a ceiling. Art 6 sec 5 par 2. PLS cannot be more than 20%of HOP.
2) 27 June 2007, BANAT filed a Petition to Proclaim the Full a ceiling?
Number of Party-List Representatives Provided by the
Constitution, docketed as before the National Board of II Yes, it is const. Veterans held that 3 seat limit is essential. The three-seat cap, as a limitation to
Canvassers. 2. Is the three-seat limit in Section 11(b) of
RA 7941 constitutional the number of seats that a qualified party-list organization may occupy, remains a valid statutory
3) 9 July 2007, the COMELEC, sitting as the NBC, promulgated ? device that prevents any party from dominating the party-list elections.
NBC Resolution No. 07-60. NBC Resolution No. 07-60
proclaimed thirteen (13) parties as winners in the party-list
3. Is the two percent threshold prescribed in III It is void and unconstitutional only in relation to the distribution of the additional seats as found
elections. Section 11(b) of RA 7941 to qualify for one in the second clause of Section 11(b) of R.A. No. 7941. Article 6 sec 5 par 2 states that 20% of
seat constitutional? the HOP shall be comprised of TPL. There is no mention of a 2% threshold.
4) COMELEC used section 11 of RA 7941, AND the
interpretation of it from the veterans ruling in the computation. RA 7941 sec 11(b) stipulates the 2%, but the 2% percent threshold makes it mathematically
a) Partylist system shall comprise 20% of the house of 4. How shall the party-list representative
impossible to achieve the maximum number of available party list seats when the number of
representative. It means that if there are 250 seats in congress seats be allocated?
available party list seats exceeds 50.
20% of which will be for the Partylist system.
b) Parties, organizations, and coalitions receiving at least two 5. Does the Constitution prohibit the major
percent (2%) of the total votes cast for the party-list system shall If there are 100 partylist and 100 million votes, if one party gets 50million votes and is the
be entitled to one seat each: political parties from participating in the only one who reached 2%, the total no. of seats that will be occupied is just 3!
c) provided, that those garnering more than two percent (2%) of party-list elections? If not, can the major
the votes shall be entitled to additional seats in proportion to their political parties be barred from participating That line creates an unwarranted obstacle of the full impementation of art 6 sec 5 par 2, to have
computation of seats for party lists
a) The total votes cast for the party-list system include those votes made for party-list
3. Petitioner then filed an election protest before the groups indicated in the ballot regardless of the pendency of their motions for
House of Representatives Electoral Tribunal (HRET) reconsideration or petitions before any tribunal in relation to their cancellation or
questioning the Resolution of the Commission on
Elections that proclaimed the 28 party-list groups,
disqualification cases.
Without waiting for the resolution of the HRET, the b) votes made for those party-list groups whose disqualification attained finality prior
petitioner filed the present Petition for Review on to the elections should be excluded if the electorate is notified of the finality of their
Certiorari with Prayer for Preliminary Injunction and
disqualification by the Commission on Elections.
Temporary Restraining Order. ARARO wants the
court to: c) The divisor also shall not include invalid votes.