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BANAT VS COMELEC

FACTS
o May 2007 elections included elections for party list representatives
o 15,950,900 for 93 parties under Party List System
o BANAT filed a Petition to Proclaim the Full Number of Party-List Representatives
Provided by the Constitution
o Filed because members of Comelec were quoted in national papers that they
are bound to implement Veterans ruling and Panganiban formula in allocating
party list seats
o Comelec promulgated NBC (Natl Board of Canvassers) Resolution 07-60
o Proclaimed 13 parties as winners in the party-list elections
o Sec 11 RA 7941 provides those receiving at least 2% of total votes are entitled
to 1 seat, those with more than 2% are entitled to additional seats in
proportion to their total number of votes (maximum of 3 seats)
2% of 16, 723,121 = 334,462

o without prejudice to proclamation of other parties, organizations or coalitions


that have yet to obtain at least 2% of total actual votes
o Comelec promulgated NBC Resolution 07-72
o Declared additional seats for appropriate parties, Veterans formula



=
o Buhay obtained 7.2% = 2 additional seats
o For additional seats:
.
.
.

o NBC promulgated NBC Resolution No. 07-88


o Cited Petitioners contentions
Full number 20% - should be proclaimed (Article VI Sec 5)
Sec 11 RA 7941 (2% threshold votes) should be harmonized with
Article VI Sec 5
3 seat limit prescribed by RA 7941
RA 7941 Sec 12 Proper way of allocation: in proportion to the
percentage of votes obtained by each party-list group in relation to the
total nationwide votes cast in the party-list election, after deducting the
corresponding votes of those which were allotted seats under the 2%
threshold rule
Declare Sec 11 as unconstitutional, Sec 12 should be followed
o Recommendation:
Must follow Veterans Federation Party vs COMELEC formula
o Deny petition of Banat for being moot and academic
o Banat filed petition assailing ruling in Resolution No. 07-88 but did not file MR
o Intervenors assailed 07-60 because Veterans formula is violative of Constitution

ISSUES
1. W/N 20% ALLOCATION FOR PARTY-LIST REPRESENTATIVES (ART VI
SEC 5 (2)) IS MANDATORY?
o JUST A CEILING?
2. W/N 3 SEAT LIMIT IN SEC 11(B) OF RA 7941 CONSTITUTIONAL
3. W/N 2% THRESHOLD IN SEC 11(B) OF RA 7941 TO QUALIFY FOR ONE
SEAT CONSTITUTIONAL
4. PROPER ALLOCATION OF PARTYLIST REPRESENTATIVE SEATS
o SEC 12 RA 7941
OR
o VETERANS
5. W/N CONSTITUTION PROHIBITS MAJOR POLITICAL PARTIES FROM
PARTICIPATING IN PARTY LIST ELECTIONS

RULING
Four inviolable parameters of Philippine-style party-list election (Veterans)
1. Not exceed 20% total membership in the House of Representatives
2. 2% threshold only those qualified to have a seat are those who reached 2% of votes
3. 3 seat limit
4. proportional representation of additional seats shall be computed in proportion to their
total number of votes

NUMBER OF OF PARTYLIST REPRESENTATIVES


Constitution
o Art VI Sec 5 (2)
o ratio of party-list representatives to the total number of representatives
o compute available seats from number of legislative districts

o formula allows corresponding increase whenever there is a new district


created by law
o thus, 220 district representatives = 55 seats available

LIMITS OF 2% THRESHOLD AND THREE SEAT CAP IN THE ALLOCATION OF


ADDITIONAL SEATS
o Constitution left responsibility of determining allocation of seats to Congress (Art VI
Sec 5 (1)).
o RA 7941 SEC 11 (A) AND (B) AND 12
o 2 interpretations presented by BANAT
1. harmonizes the provisions of Section 11(b) on the 2% requirement with Section
12
2. assumes that the 2% vote requirement is declared unconstitutional, and apportions
the seats for party-list representatives by following Section 12
o used 2 formulas to obtain the same result
o proportional percentage of votes received by each party against
total nationwide party list votes
o making votes with a median percentage of votes as divisor
o EXAMINING RA 7941
o Ranking parties from highest to lowest based on number of votes
o Those receiving at least 2% of total votes cast for party list -> entitled to 1 seat
o Sec 11 (b) those garnering more than two percent (2%) of the votes shall be
entitled to additional seats in proportion to their total number of votes
Veterans
in proportion to their total number of votes = in
proportion to the votes of the first party
o SC:
Contrary to the language of RA 7941
continued operation of the two percent threshold for the distribution of
the additional seats as found in the second clause of Section 11(b) of
R.A. No. 7941 is unconstitutional
mathematically impossible to achieve the maximum number of
available party list seats when the number of available party list seats
exceeds 50
frustrates the attainment of the permissive ceiling that 20% of the
members of the House of Representatives
strike down the two percent threshold only in relation to the
distribution of the additional seats
prevents the attainment of the broadest possible representation of
party, sectoral or group interests in the House of Representatives
Correct manner of computation:
Rank from highest to lowest
Those with at least 2% = 1 seat
Those with sufficient number of votes are entitled to additional
seats in proportion to total number of votes until all seats are
allocated
No more than 3 seats per party
Guaranteed seats no longer included because they have already been
allocated
55 party list representatives from 36 winning party list organizations

PARTICIPATION OF MAJOR POLITICAL PARTIES IN PARTY-LIST


ELECTIONS
o allowed
o put the 3 seat cap to prevent any part from dominating
o constitution or RA prohibits major political parties from participating in party list
elections
o framers clearly intended major parties to participate
o political parties are allowed to establish, or form coalitions with, sectoral
organizations for electoral or political purposes
o eg Nacionalista can establish fisherfolk wing
o no financial status required in the law
o enough that the nominee of the sectoral party/organization/coalition belongs to
the marginalized and underrepresented sectors
o 8-7 vote of SC decided to continue ruling in Veterans, disallowing major political
parties from partylist elections

PARTIALLY GRANTED
Article VI Sec 5

(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.

Republic Act No. 7941 (Party-List System Act)

Section 11.

(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.

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 party-list system.