Party List System

What is the party-list system?

The party-list system is a method of electing representatives to the House of Representatives by voting for the party to which they belong. It is defined as a method of voting by proportional representation in contrast to the traditional method of voting through the single member district or constituency.

Article 6, Section 5 (1 & 2) of the 1987 Philippine Constitution provides the constitutional basis for the party-list system of voting. It states that: " the House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law. Twenty percent of the House membership shall be elected through the party-list system of voting."

Since there are 206 legislative districts in the Philippines today, twenty percent of this is 51. Thus, the Comelec provides for 51 seats available for the party-list.

Republic Act 7941, the Party-List System Act, was passed by the 9th Congress and signed into law by President Ramos on 3 March 1995. The Consortium on Electoral Reforms actively lobbied for its passage, although it held strong reservations for the conservatism of the law.

The Commission on Elections (Comelec) issued Resolution No. 2847 on 25 June 1996, providing for the rules and regulations governing the election of party-list representatives.

Section 3 of RA 7941 provides for the "participation of national, regional and sectoral parties or organizations or coalitions registered with the Commission on Elections. 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."

How is the party-list system advantageous to ordinary citizens?

The underlying principle behind the party-list method of voting is the democratization of the party system on the basis of the following:

The party-list method of voting provides the disadvantaged sections of the population access to the House of Representatives through their parties and grassroots organizations; an opportunity made difficult by the single member district method of voting.
The party-list method provides a more favorable climate for developing a genuine multi-partysystem, given the opportunity for a number of grassroots organizations and parties to win seats in the House.
The party-list method nurtures a better political environment for the flourishing of genuine, program-based political parties.
The party-list system requires the elected officials of the party to be accountable to their parties and their constituencies.

Basic Features of the Party List System

A party is entitled to a maximum of three (3) seats. To be able to get one seat, it must first obtain at least two percent (2%) of the votes cast for the party list.

Any registered national, regional or sectoral party may participate in the party list for the 1998 elections with the following exceptions: Lakas, NPC, KBL, LP and LDP (the top five parties in the previous elections)

Section 7, Article VI of the 1987 Constitution, and Section 14 or RA 7941 provides a term of three (3) years for the elected party-list representative. An elected party-list representative can serve for three (3) consecutive terms.

Section 9 of RA 7941 provides the following qualifications for party-list candidates:

natural born citizen of the Philippines;
registered voter;
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;
bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the elections;
at least 25 years of age on the day of the election;
for the youth sector, he must at least be 25 years of age but not more than 30 years of age on the day of the election.

A person may be nominated in one (1) list only. Only those who have given their consent in writing may be named in the list.

A party can submit five names. In the event that the party wins three seats, the first three names shall be proclaimed in the order that they are written in the list. Vacancies in the seats reserved for party list representatives "shall be automatically filled by the next representative from the list of nominees in the order submitted to the Comelec... who shall serve for the unexpired term. If the list is exhausted, the party, organization or coalition concerned shall submit additional nominees." (Section 16 or RA 7941)

In case a party-list representative decides to change his/her political party... during his/her term of office shall forfeit his/her seat. The nominee next in line will then assume the vacant position.

Who can vote in the party-list system?

All registered voters may vote for qualified parties, organizations and coalitions. Every voter is entitled to two votes for the House of representatives. The first one is for the candidate to represent his/her district. The second one is a vote for the party, organization or coalition.

Taken from: Consortium on Electoral Reforms Campaign Advocates (CERCA) Voters Education Module No. 4

What is the Party-List System?

The party-list system is a new way of electing representatives to Congress. It is based on:

Article VI, Sec. 5 of the Philippine Constitution
R.A. 7941 enacted on March 3, 1995
COMELEC resolution 2847

Up to now, we have only elected representatives to Congress by congressional district (e.g. Maria Maganda was elected to congress to represent the 1^st district of Manila). But on May 11, 1998 we will elect party-list representatives.

Why the party-list system (or why is it important)?

The Party-List System enables marginalized underrepresented sectors and small parties to truly participate in elections and obtain representation in the House of Representatives

It decentralizes power from established Political Parties that traditionally dominate Congress.

Necessitates familiarization with the platforms and programs of participating groups and not just with personalities

Broadens and enriches the multi-party system.

Encourages membership in a particular party or group.

In a nut-shell it is a decentralization and pro-people development in the Legislative Branch of our government. Think of sectoral representatives who can pass bills (and turn them into laws) that will benefit particular sectors of society (i.e. women, farmers, laborers, etc.) and small parties having the chance to have a seat in congress.

How many seats in Congress are available for party-list representatives?

Twenty percent (20%) of the seats in the House of Representatives is reserved for party-list elected representatives.

For 1998, with 205 elected district representatives, there will be 51 seats available for party-list representatives.

If before May 11, Congress create new districts and we have 208 district representatives, then there will be 52 available party-list seats.

Who can we vote for in the Party-List System?

We will vote for registered, organized groups, parties or coalitions instead of individual candidates. The group, party, or coalition is the party of the party-list system.

They may represent sectoral interests. The identified sectors are laborers, fisherfolk, tribal/indigenous people, handicapped, youth, overseas workers, farmers, urban poor, elderly, women, veterans, and professionals.

They may represent causes (e.g. environment)

They may represent national/regional political parties.

The rationale here is proportional representation of 1) underrepresented and marginalized sector and 2) underrepresented or small parties. Hence, the five leading parties based on their representation from the beginning of the 10^th Congress cannot participate under the party-list system.

The five major political parties disqualified from participating in the party-list system on May 1998 are:

Lakas-NUCD

Liberal Party (LP)

Laban ng Demokratikong Pilipino (LDP)

Nationalist People’s Coalition (NPC)

Kilusang Bagong Lipunan (KBL)

How shall the votes be cast?

The voting for the system will be at large not by sector.

All votes obtained by a party regardless of constituency will be tallied on a nationwide basis.

The percentage of votes garnered by a party will be computed in relation to the total votes cast for the party-list nationwide.

How shall party-list seats be allocated?

The parties shall be ranked from highest to lowest based on the percentage of votes garnered during the elections.

Only a maximum of 3 seats may be allowed per party. Hence obtaining 6% or more votes of the total number of votes cast for the party-list is equivalent only to 3 seats.

Having votes equal to 4% of the total votes entitles the party to 2 seats.

To obtain 1 seat in Congress a party should obtain votes that are equivalent to 2% of the total number of votes cast for the party-list.

The number of voters who cast votes for the party-list may be less than the total number of voters. Some may neglect or choose not to vote for a party-list.

Who is/are the representatives of the party in a party-list system?

Each registered party should have submitted to COMELEC at least 5 ranked nominees.

Should a party win three party-list seats, the first three from the ranked list will each have a seat in Congress.

The others next in rank are spare should any of the first in rank be unable to represent the party-list during the term.

What else should voters know about the party-list?

Sattelite parties

COMELEC may, on its own, or upon verified complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any entity. COMELEC Res. No. 2847 contains detailed information.

See the roster of Parties running this coming May 1998 Election.

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