BARANGAY ASSOCIATION FORG.R. No. 179271NATIONALADVANCEMENTAND
TRANSPARENCY (BANAT),Petitioner,- versus -COMMISSION ON
ELECTIONS(sitting as the National Board
ofCanvassers),Respondent.ARTS BUSINESS AND
SCIENCEPROFESSIONALS,Intervenor.AANGAT TAYO,Intervenor.COALITION OF
ASSOCIATIONSOF SENIOR CITIZENS IN THEPHILIPPINES, INC.
(SENIORCITIZENS),Intervenor.x- - - - - - - - - - - - - - - - - - -
- - - - - - - - - xBAYAN MUNA, ADVOCACY FORG.R. No. 179295TEACHER
EMPOWERMENTTHROUGH ACTION, COOPERATIONPresent:ANDHARMONY
TOWARDSEDUCATIONAL REFORMS, INC.,PUNO,C.J.,and
ABONO,QUISUMBING,Petitioners,YNARES-SANTIAGO,CARPIO,AUSTRIA-MARTINEZ,CORONA,-
versus -CARPIO MORALES,TINGA,CHICO-NAZARIO,VELASCO,
JR.,NACHURA,LEONARDO-DE CASTRO,BRION,PERALTA,
andBERSAMIN,JJ.COMMISSION ON
ELECTIONS,Promulgated:Respondent._______________________x - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - xD E C I S I O NCARPIO,J.:The
CasePetitioner in G.R. No. 179271Barangay Association for National
Advancement and Transparency (BANAT)in a petition for certiorari
and mandamus,[1]assails the Resolution[2]promulgated on 3 August
2007 by the Commission on Elections (COMELEC) in NBC No. 07-041
(PL).The COMELECs resolution in NBC No. 07-041 (PL) approved the
recommendation of Atty. Alioden D. Dalaig, Head of the National
Board of Canvassers (NBC) Legal Group, to deny the petition of
BANAT for being moot.BANAT filed before the COMELEC En Banc, acting
as NBC, aPetition to Proclaim the Full Number of Party-List
Representatives Provided by the Constitution.The following are
intervenors in G.R. No. 179271:Arts Business and Science
Professionals (ABS), Aangat Tayo (AT), and Coalition of
Associations of Senior Citizens in the Philippines, Inc. (Senior
Citizens).Petitioners in G.R. No. 179295Bayan Muna, Abono, and
Advocacy for Teacher Empowerment Through Action, Cooperation and
Harmony Towards Educational Reforms (A Teacher)in a petition for
certiorari with mandamus and prohibition,[3]assails NBC Resolution
No. 07-60[4]promulgated on 9 July 2007.NBC No. 07-60 made a partial
proclamation of parties, organizations and coalitions that obtained
at least two percent of the total votes cast under the Party-List
System.The COMELEC announced that, upon completion of the canvass
of the party-list results, it would determine the total number of
seats of each winning party, organization, or coalition in
accordance withVeterans Federation Party v.
COMELEC[5](Veterans).Estrella DL Santos, in her capacity as
President and First Nominee of the Veterans Freedom Party, filed a
motion to intervene in both G.R. Nos. 179271 and 179295.The
FactsThe 14 May 2007 elections included the elections for the
party-list representatives.The COMELEC counted 15,950,900 votes
cast for 93 parties under the Party-List System.[6]On 27 June 2002,
BANAT filed aPetition to Proclaim the Full Number of Party-List
Representatives Provided by the Constitution, docketed as NBC No.
07-041 (PL) before the NBC.BANAT filed its petition because [t]he
Chairman and the Members of the [COMELEC] have recently been quoted
in the national papers that the [COMELEC] is duty bound to and
shall implement theVeteransruling, that is, would apply the
Panganiban formula in allocating party-list seats.[7]There were no
intervenors in BANATs petition before the NBC.BANAT filed a
memorandum on 19 July 2007.On 9 July 2007, the COMELEC, sitting as
the NBC, promulgated NBC Resolution No. 07-60.NBC Resolution No.
07-60 proclaimed thirteen (13) parties as winners in the party-list
elections, namely: Buhay Hayaan Yumabong (BUHAY), Bayan Muna,
Citizens Battle Against Corruption (CIBAC), Gabrielas Women Party
(Gabriela), Association of Philippine Electric Cooperatives (APEC),
A Teacher, Akbayan! Citizens Action Party (AKBAYAN), Alagad, Luzon
Farmers Party (BUTIL), Cooperative-Natco Network Party
(COOP-NATCCO), Anak Pawis, Alliance of Rural Concerns (ARC), and
Abono.We quote NBC Resolution No. 07-60 in its entirety
below:WHEREAS, the Commission on Elections sittingen bancas
National Board of Canvassers, thru its Sub-Committee for
Party-List, as of 03 July 2007, had officially canvassed, in open
and public proceedings, a total offifteen million two hundred
eighty three thousand six hundred fifty-nine (15,283,659)votes
under the Party-List System of Representation, in connection with
the National and Local Elections conducted last 14 May
2007;WHEREAS, the study conducted by the Legal and Tabulation
Groups of the National Board of Canvassers reveals that the
projected/maximum total party-list votes cannot go any higher
thansixteen million seven hundred twenty three thousand one hundred
twenty-one (16,723,121)votes given the following statistical
data:Projected/Maximum Party-List Votes for May 2007
Electionsi.Total party-list votes already
canvassed/tabulated15,283,659
ii. Total party-list votes remaining uncanvassed/ untabulated
(i.e. canvass deferred)1,337,032
iii. Maximum party-list votes (based on 100% outcome) from areas
not yet submitted for canvass (Bogo, Cebu; Bais City; Pantar, Lanao
del Norte; and Pagalungan, Maguindanao)102,430
Maximum Total Party-List Votes16,723,121
WHEREAS, Section 11 of Republic Act No. 7941 (Party-List System
Act) provides in part: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.WHEREAS, for the 2007 Elections, based on the above projected
total of party-list votes, the presumptive two percent (2%)
threshold can be pegged atthree hundred thirty four thousand four
hundred sixty-two (334,462)votes;WHEREAS, the Supreme Court,
inCitizens Battle Against Corruption (CIBAC) versus COMELEC,
reiterated its ruling inVeterans Federation Party versus
COMELECadopting a formula for the additional seats of each party,
organization or coalition receving more than the required two
percent (2%) votes, stating that the same shall be determined only
after all party-list ballots have been completely
canvassed;WHEREAS, the parties, organizations, and coalitions that
have thus far garnered at leastthree hundred thirty four thousand
four hundred sixty-two (334,462)votes are as
follows:RANKPARTY/ORGANIZATION/COALITIONVOTESRECEIVED
1BUHAY1,163,218
2BAYAN MUNA972,730
3CIBAC760,260
4GABRIELA610,451
5APEC538,971
6A TEACHER476,036
7AKBAYAN470,872
8ALAGAD423,076
9BUTIL405,052
10COOP-NATCO390,029
11BATAS386,361
12ANAK PAWIS376,036
13ARC338,194
14ABONO337,046
WHEREAS, except for Bagong Alyansang Tagapagtaguyod ng Adhikaing
Sambayanan (BATAS), against which anURGENT PETITION FOR
CANCELLATION/REMOVAL OF REGISTRATION AND DISQUALIFICATION OF
PARTY-LIST NOMINEE (With Prayer for the Issuance of Restraining
Order)has been filed before the Commission, docketed as SPC No.
07-250, all the parties, organizations and coalitions included in
the aforementioned list are therefore entitled to at least one seat
under the party-list system of representation in the meantime.NOW,
THEREFORE,by virtue of the powers vested in it by the Constitution,
the Omnibus Election Code, Executive Order No. 144, Republic Act
Nos. 6646, 7166, 7941, and other election laws, the Commission on
Elections, sittingen bancas the National Board of Canvassers,
hereby RESOLVES to PARTIALLY PROCLAIM, subject to certain
conditions set forth below, the following parties, organizations
and coalitions participating under the Party-List System:1Buhay
Hayaan YumabongBUHAY
2Bayan MunaBAYAN MUNA
3Citizens Battle Against CorruptionCIBAC
4Gabriela Womens PartyGABRIELA
5Association of Philippine Electric CooperativesAPEC
6Advocacy for Teacher Empowerment Through Action, Cooperation
and Harmony Towards Educational Reforms, Inc.A TEACHER
7Akbayan! Citizens Action PartyAKBAYAN
8AlagadALAGAD
9Luzon Farmers PartyBUTIL
10Cooperative-Natco Network PartyCOOP-NATCCO
11Anak PawisANAKPAWIS
12Alliance of Rural ConcernsARC
13AbonoABONO
This is without prejudice to the proclamation of other parties,
organizations, or coalitions which may later on be established to
have obtained at least two percent (2%) of the total actual votes
cast under the Party-List System.The total number of seats of each
winning party, organization or coalition shall be determined
pursuant toVeterans Federation Party versus COMELECformula upon
completion of the canvass of the party-list results.The
proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing
Sambayanan (BATAS) is hereby deferred until final resolution of SPC
No. 07-250, in order not to render the proceedings therein moot and
academic.Finally, all proclamation of the nominees of concerned
parties, organizations and coalitions with pending disputes shall
likewise be held in abeyance until final resolution of their
respective cases.Let the Clerk of the Commission implement this
Resolution, furnishing a copy thereof to the Speaker of the House
of Representatives of the Philippines.SO ORDERED.[8](Emphasis in
the original)Pursuant to NBC Resolution No. 07-60, the COMELEC,
acting as NBC, promulgated NBC Resolution No. 07-72, which declared
the additional seats allocated to the appropriate parties.We quote
from the COMELECs interpretation of theVeteransformula as found in
NBC Resolution No. 07-72:WHEREAS, on July 9, 2007, the Commission
on Elections sittingen bancas the National Board of Canvassers
proclaimed thirteen (13) qualified parties, organization[s] and
coalitions based on the presumptive two percent (2%) threshold of
334,462 votes from the projected maximum total number of party-list
votes of 16,723,121, and were thus given one (1) guaranteed
party-list seat each;WHEREAS, per Report of the Tabulation Group
and Supervisory Committee of the National Board of Canvassers, the
projected maximum total party-list votes, as of July 11, 2007,
based on the votes actually canvassed, votes canvassed but not
included in Report No. 29, votes received but uncanvassed, and
maximum votes expected for Pantar, Lanao del Norte, is 16,261,369;
and that the projected maximum total votes for the thirteen (13)
qualified parties, organizations and coalition[s] are as
follows:Party-ListProjected total number of votes
1BUHAY1,178,747
2BAYAN MUNA977,476
3CIBAC755,964
4GABRIELA621,718
5APEC622,489
6A TEACHER492,369
7AKBAYAN462,674
8ALAGAD423,190
9BUTIL409,298
10COOP-NATCO412,920
11ANAKPAWIS370,165
12ARC375,846
13ABONO340,151
WHEREAS, based on the above Report,Buhay Hayaan Yumabong(Buhay)
obtained the highest number of votes among the thirteen (13)
qualified parties, organizations and coalitions, making it the
first party in accordance withVeterans Federation Party versus
COMELEC, reiterated inCitizens Battle Against Corruption (CIBAC)
versus COMELEC;WHEREAS,qualified parties, organizations and
coalitions participating under the party-list system of
representation that have obtained one guaranteed (1) seat may be
entitled to an additional seat or seats based on the formula
prescribed by the Supreme Court inVeterans;WHEREAS, in determining
the additional seats for the first party, the correct formula as
expressed inVeterans, is:Number of votes of first partyProportion
of votes of first- - - - - - - - - - - - - - - - - - - - -=party
relative to total votes forTotal votes for party-list
systemparty-list systemwherein the proportion of votes received by
the first party (without rounding off) shall entitle it to
additional seats:Proportion of votes receivedby the first
partyAdditional seats
Equal to or at least 6%Two (2) additional seats
Equal to or greater than 4% but less than 6%One (1) additional
seat
Less than 4%No additional seat
WHEREAS, applying the above formula, Buhay obtained the
following percentage:1,178,747- - - - - - - -= 0.07248 or
7.2%16,261,369which entitles it to two (2) additional
seats.WHEREAS, in determining the additional seats for the other
qualified parties, organizations and coalitions, the correct
formula as expressed inVeteransand reiterated inCIBACis, as
follows:No. of votes ofconcerned partyNo. of additionalAdditional
seats for=-------------------xseats allocated toa concerned
partyNo. of votes offirst partyfirst partyWHEREAS, applying the
above formula, the results are as follows:Party
ListPercentageAdditional Seat
BAYAN MUNA1.651
CIBAC1.281
GABRIELA1.051
APEC1.051
A TEACHER0.830
AKBAYAN0.780
ALAGAD0.710
BUTIL0.690
COOP-NATCO0.690
ANAKPAWIS0.620
ARC0.630
ABONO0.570
NOW THEREFORE, by virtue of the powers vested in it by the
Constitution, Omnibus Election Code, Executive Order No. 144,
Republic Act Nos. 6646, 7166, 7941 and other elections laws, the
Commission on Electionsen bancsitting as the National Board of
Canvassers, hereby RESOLVED, as it hereby RESOLVES, to proclaim the
following parties, organizations or coalitions as entitled to
additional seats, to wit:Party ListAdditional Seats
BUHAY2
BAYAN MUNA1
CIBAC1
GABRIELA1
APEC1
This is without prejudice to the proclamation of other parties,
organizations or coalitions which may later on be established to
have obtained at least two per cent (2%) of the total votes cast
under the party-list system to entitle them to one (1) guaranteed
seat, or to the appropriate percentage of votes to entitle them to
one (1) additional seat.Finally, all proclamation of the nominees
of concerned parties, organizations and coalitions with pending
disputes shall likewise be held in abeyance until final resolution
of their respective cases.Let the National Board of Canvassers
Secretariat implement this Resolution, furnishing a copy hereof to
the Speaker of the House of Representatives of the Philippines.SO
ORDERED.[9]Acting on BANATs petition, the NBC promulgated NBC
Resolution No. 07-88 on 3 August 2007, which reads as follows:This
pertains to the Petition to Proclaim the Full Number of Party-List
Representatives Provided by the Constitution filed by the Barangay
Association for National Advancement and Transparency
(BANAT).Acting on the foregoing Petition of the Barangay
Association for National Advancement and Transparency (BANAT)
party-list, Atty. Alioden D. Dalaig, Head, National Board of
Canvassers Legal Group submitted his comments/observations and
recommendation thereon [NBC 07-041 (PL)], which reads:COMMENTS /
OBSERVATIONS:Petitioner Barangay Association for National
Advancement and Transparency (BANAT), in its Petition to Proclaim
the Full Number of Party-List Representatives Provided by the
Constitution prayed for the following reliefs, to wit:1.That the
full number -- twenty percent (20%) -- of Party-List
representatives as mandated by Section 5, Article VI of the
Constitution shall be proclaimed.2.Paragraph (b), Section 11 of RA
7941 which prescribes the 2% threshold votes, should be harmonized
with Section 5, Article VI of the Constitution and with Section 12
of the same RA 7941 in that it should be applicable only to the
first party-list representative seats to be allotted on the basis
of their initial/first ranking.3.The 3-seat limit prescribed by RA
7941 shall be applied; and4.Initially, all party-list groups shall
be given the number of seats corresponding to every 2% of the votes
they received and the additional seats shall be allocated in
accordance with Section 12 of RA 7941, that is, 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.In fine, the
formula/procedure prescribed in the ALLOCATION OF PARTY-LIST SEATS,
ANNEX A of COMELEC RESOLUTION 2847 dated 25 June 1996, shall be
used for [the] purpose of determining how many seats shall be
proclaimed, which party-list groups are entitled to representative
seats and how many of their nominees shall seat [sic].5.In the
alternative, to declare as unconstitutional Section 11 of Republic
Act No. 7941 and that the procedure in allocating seats for
party-list representative prescribed by Section 12 of RA 7941 shall
be followed.RECOMMENDATION:Thepetition of BANAT is now moot and
academic.The Commission En Banc in NBC ResolutionNo. 07-60
promulgated July 9, 2007 reIn the Matter of the Canvass of Votes
and Partial Proclamation of the Parties, Organizations and
Coalitions Participating Under the Party-List System During the May
14, 2007 National and Local Electionsresolved among others that the
total number of seats of each winning party, organization or
coalition shall be determined pursuant to theVeterans Federation
PartyversusCOMELECformula upon completion of the canvass of the
party-list results.WHEREFORE, premises considered, the National
Board of Canvassers RESOLVED, as it hereby RESOLVES, to approve and
adopt the recommendation of Atty. Alioden D. Dalaig, Head, NBC
Legal Group, to DENY the herein petition of BANAT for being moot
and academic.Let the Supervisory Committee implement this
resolution.SO ORDERED.[10]BANAT filed a petition for certiorari and
mandamus assailing the ruling in NBC Resolution No. 07-88.BANAT did
not file a motion for reconsideration of NBC Resolution No.
07-88.On 9 July 2007, Bayan Muna, Abono, and A Teacher asked the
COMELEC, acting as NBC, to reconsider its decision to use
theVeteransformula as stated in its NBC Resolution No. 07-60
because theVeteransformula is violative of the Constitution and of
Republic Act No. 7941 (R.A. No. 7941).On the same day, the COMELEC
denied reconsideration during the proceedings of the NBC.[11]Aside
from the thirteen party-list organizations proclaimed on 9 July
2007, the COMELEC proclaimed three other party-list organizations
as qualified parties entitled to one guaranteed seat under the
Party-List System:Agricultural Sector Alliance of the Philippines,
Inc. (AGAP),[12]Anak Mindanao (AMIN),[13]and An Waray.[14]Per the
certification[15]by COMELEC, the following party-list organizations
have been proclaimed as of 19 May 2008:Party-ListNo. of Seat(s)
1.1Buhay3
1.2Bayan Muna2
1.3CIBAC2
1.4Gabriela2
1.5APEC2
1.6A Teacher1
1.7Akbayan1
1.8Alagad1
1.9Butil1
1.10Coop-Natco [sic]1
1.11Anak Pawis1
1.12ARC1
1.13Abono1
1.14AGAP1
1.15AMIN1
The proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikaing
Sambayanan (BATAS), against which an Urgent Petition for
Cancellation/Removal of Registration and Disqualification of
Party-list Nominee (with Prayer for the Issuance of Restraining
Order) has been filed before the COMELEC, was deferred pending
final resolution of SPCNo. 07-250.IssuesBANAT brought the following
issues before this Court:1.Is the twenty percent allocation for
party-list representativesprovided in Section 5(2), Article VI of
the Constitution mandatoryor is it merely a ceiling?2.Is the
three-seat limit provided in Section 11(b) of RA
7941constitutional?3.Is the two percent threshold and qualifier
votes prescribed by thesame Section 11(b) of RA 7941
constitutional?4.How shall the party-list representatives be
allocated?[16]Bayan Muna, A Teacher, and Abono, on the other hand,
raised the following issues in their petition:I.Respondent
Commission on Elections, acting as National Board ofCanvassers,
committed grave abuse of discretion amounting tolack or excess of
jurisdiction when it promulgated NBC ResolutionNo. 07-60 to
implement the First-Party Rule in the allocation ofseats to
qualified party-list organizations as said rule:A.Violates the
constitutional principle of proportionalrepresentation.B.Violates
the provisions of RA 7941 particularly:1.The 2-4-6 Formula used by
the First Party Rule inallocating additional seats for the First
Partyviolates the principle of proportional representationunder RA
7941.2.Theuse of two formulas in the allocation ofadditional seats,
one for the First Party andanother for the qualifying parties,
violates Section11(b) of RA 7941.3.The proportional relationships
under the First PartyRule are different from those required under
RA7941;C.Violates the Four Inviolable Parameters of the
Philippineparty-list system as provided for under the same case
ofVeterans Federation Party, et al. v. COMELEC.II.Presuming that
the Commission on Elections did not commit graveabuse of discretion
amounting to lack or excess of jurisdictionwhen it implemented the
First-Party Rule in the allocation of seatsto qualified party-list
organizations, the same being merely inconsonance with the ruling
inVeterans Federations Party, et al. v.COMELEC,the instant Petition
is a justiciable case as the issuesinvolved herein are
constitutional in nature, involving the correctinterpretation and
implementation of RA 7941, and are oftranscendental importance to
our nation.[17]Considering the allegations in the petitions and the
comments of the parties in these cases, we defined the following
issues in our advisory for the oral arguments set on 22 April
2008:1.Is the twenty percent allocation for party-list
representatives inSection 5(2), Article VI of the Constitution
mandatory or merely aceiling?2.Is the three-seat limit in Section
11(b) of RA 7941 constitutional?3.Is the two percent threshold
prescribed in Section 11(b) of RA7941 to qualify for one seat
constitutional?4.How shall the party-list representative seats be
allocated?5.Does the Constitution prohibit the major political
parties fromparticipating in the party-list elections?If not, can
the majorpolitical parties be barred from participating in the
party-listelections?[18]The Ruling of the CourtThe petitions have
partial merit.We maintain that a Philippine-style party-list
election has at least four inviolable parameters as clearly stated
inVeterans.For easy reference, these are:First, the twenty percent
allocationthe combined number ofallparty-list congressmen shall not
exceed twenty percent of the total membership of the House of
Representatives, including those elected under the party
list;Second,the two percent thresholdonly 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;Third,the three-seat limiteach 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;Fourth, proportional representationthe additional
seats which a qualified party is entitled to shall be computed in
proportion to their total number of votes.[19]However, because the
formula inVeteranshas flaws in its mathematical interpretation of
the term proportional representation, this Court is compelled to
revisit the formula for the allocation of additional seats to
party-list organizations.Number of Party-List Representatives:The
Formula Mandated by the ConstitutionSection 5, Article VI of the
Constitution provides: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.The first paragraph
of Section 11 of R.A. No. 7941 reads: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.x x xSection 5(1), Article VI of the Constitution states
that the House of Representatives shall be composed of not more
than two hundred and fifty members, unless otherwise fixed by
law.The House of Representatives shall be composed of district
representatives and party-list representatives.The Constitution
allows the legislature to modify the number of the members of the
House of Representatives.Section 5(2), Article VI of the
Constitution, on the other hand, states the ratio of party-list
representatives to the total number of representatives.We compute
the number of seats available to party-list representatives from
the number of legislative districts.On this point, we do not
deviate from the first formula inVeterans, thus:Number of seats
available to legislative districtsx .20=Number of seats available
toparty-list representatives
.80
This formula allows for the corresponding increase in the number
of seats available for party-list representatives whenever a
legislative district is created by law. Since the 14thCongress of
the Philippines has 220 district representatives, there are 55
seats available to party-list representatives.220x .20=55
.80
After prescribing the ratio of the number of party-list
representatives to the total number of representatives,the
Constitution left the manner of allocating the seats available to
party-list representatives to the wisdom of the
legislature.Allocation of Seats for Party-List Representatives:The
Statutory Limits Presented by the Two Percent Thresholdand the
Three-Seat CapAll parties agree on the formula to determine the
maximum number of seats reserved under the Party-List System, as
well as on the formula to determine the guaranteed seats to
party-list candidates garnering at least two-percent of the total
party-list votes. However, there are numerous interpretations of
the provisions of R.A. No. 7941 on the allocation ofadditional
seatsunder the Party-List System.Veteransproduced the First Party
Rule,[20]and Justice Vicente V. Mendozas dissent
inVeteranspresented Germanys Niemeyer formula[21]as an
alternative.The Constitution left to Congress the determination of
the manner ofallocating the seats for party-list representatives.
Congress enacted R.A.No. 7941,paragraphs (a) and (b) of Section 11
and Section 12 of which provide:Section 11.Number of Party-List
Representatives.x x xIn determining the allocation of seats for the
second vote,[22]the following procedure shall be observed:(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. (Emphasis supplied)In G.R. No. 179271, BANAT
presents two interpretations through three formulas to allocate
party-list representative seats.The first interpretation allegedly
harmonizes the provisions of Section 11(b) on the 2% requirement
with Section 12 of R.A. No. 7941.BANAT described this procedure as
follows:(a)The party-list representatives shall constitute twenty
percent (20%) of the total Members of the House of Representatives
including those from the party-list groups as prescribed by Section
5, Article VI of the Constitution, Section 11 (1stpar.) of RA 7941
and Comelec Resolution No. 2847 dated 25 June 1996.Since there are
220 District Representatives in the 14thCongress, there shall be 55
Party-List Representatives.All seats shall have to be
proclaimed.(b)All party-list groups shall initially be allotted one
(1) seat for every two per centum (2%) of the total party-list
votes they obtained; provided, that no party-list groups shall have
more than three (3) seats (Section 11, RA 7941).(c)The remaining
seats shall, after deducting the seats obtained by the party-list
groups under the immediately preceding paragraph and after
deducting from their total the votes corresponding to those seats,
the remaining seats shall be allotted proportionately to all the
party-list groups which have not secured the maximum three (3)
seats under the 2% threshold rule, in accordance with Section 12 of
RA 7941.[23]Forty-four (44) party-list seats will be awarded under
BANATs first interpretation.The second interpretation presented by
BANAT assumes that the 2% vote requirement is declared
unconstitutional, and apportions the seats for party-list
representatives by following Section 12 of R.A. No. 7941.BANAT
states that the COMELEC:(a)shall tally all the votes for the
parties, organizations, or coalitionson a nationwide basis;(b)rank
them according to the number of votes received; and,(c)allocate
party-list representatives proportionatelyaccording to
thepercentage of votes obtained by each party, organization
orcoalition as against the total nationwide votes cast for the
party-listsystem.[24]BANAT used two formulas to obtain the same
results: one is based on the proportional percentage of the votes
received by each party as against the total nationwide party-list
votes, and the other is by making the votes of a party-list with a
median percentage of votes as the divisor in computing the
allocation of seats.[25]Thirty-four (34) party-list seats will be
awarded under BANATs second interpretation.In G.R. No. 179295,
Bayan Muna, Abono, and A Teacher criticize both the COMELECs
original 2-4-6 formula and theVeteransformula for systematically
preventing all the party-list seats from being filled up.They claim
that both formulas do not factor in the total number of seats
alloted for the entire Party-List System.Bayan Muna, Abono, and A
Teacher reject the three-seat cap, but accept the 2%
threshold.After determining the qualified parties, a second
percentage is generated by dividing the votes of a qualified
partyby the total votes of all qualified parties only.The number of
seats allocated to a qualified party is computed by multiplying the
total party-list seats available with the second percentage.There
will be a first round of seat allocation, limited to using the
whole integers as the equivalent of the number of seats allocated
to the concerned party-list.After all the qualified parties are
given their seats, a second round of seat allocation
isconducted.The fractions, or remainders, from the whole integers
are ranked from highest to lowest and the remaining seats on the
basis of this ranking are allocated until all the seats are filled
up.[26]We examine what R.A. No. 7941 prescribes to allocate seats
for party-list representatives.Section 11(a) of R.A. No. 7941
prescribes the ranking of the participating parties from the
highest to the lowest based on the number of votes they garnered
during the elections.Table 1.Ranking of the participating parties
from the highest to the lowest based on the number of votes
garnered during the elections.[27]RankPartyVotes
GarneredRankPartyVotes Garnered
1BUHAY1,169,23448KALAHI88,868
2BAYAN MUNA979,03949APOI79,386
3CIBAC755,68650BP78,541
4GABRIELA621,17151AHONBAYAN78,424
5APEC619,65752BIGKIS77,327
6A TEACHER490,37953PMAP75,200
7AKBAYAN466,11254AKAPIN74,686
8ALAGAD423,14955PBA71,544
9COOP-NATCCO409,88356GRECON62,220
10BUTIL409,16057BTM60,993
11BATAS385,81058A SMILE58,717
12ARC374,28859NELFFI57,872
13ANAKPAWIS370,26160AKSA57,012
14ABONO339,99061BAGO55,846
15AMIN338,18562BANDILA54,751
16AGAP328,72463AHON54,522
17AN WARAY321,50364ASAHAN MO51,722
18YACAP310,88965AGBIAG!50,837
19FPJPM300,92366SPI50,478
20UNI-MAD245,38267BAHANDI46,612
21ABS235,08668ADD45,624
22KAKUSA228,99969AMANG43,062
23KABATAAN228,63770ABAY PARAK42,282
24ABA-AKO218,81871BABAE KA36,512
25ALIF217,82272SB34,835
26SENIOR CITIZENS213,05873ASAP34,098
27AT197,87274PEP33,938
28VFP196,26675ABA ILONGGO33,903
29ANAD188,52176VENDORS33,691
30BANAT177,02877ADD-TRIBAL32,896
31ANG KASANGGA170,53178ALMANA32,255
32BANTAY169,80179AANGAT KA PILIPINO29,130
33ABAKADA166,74780AAPS26,271
341-UTAK164,98081HAPI25,781
35TUCP162,64782AAWAS22,946
36COCOFED155,92083SM20,744
37AGHAM146,03284AG16,916
38ANAK141,81785AGING PINOY16,729
39ABANSE! PINAY130,35686APO16,421
40PM119,05487BIYAYANG BUKID16,241
41AVE110,76988ATS14,161
42SUARA110,73289UMDJ9,445
43ASSALAM110,44090BUKLOD FILIPINA8,915
44DIWA107,02191LYPAD8,471
45ANC99,63692AA-KASOSYO8,406
46SANLAKAS97,37593KASAPI6,221
47ABC90,058TOTAL15,950,900
The first clause of Section 11(b) of R.A. No. 7941 states that
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.This clause guarantees a seat to
the two-percenters.In Table 2 below, we use the first 20 party-list
candidates for illustration purposes.The percentage of votes
garnered by each party is arrived at by dividing the number of
votes garnered by each party by 15,950,900, the total number of
votes cast for all party-list candidates.Table 2.The first 20
party-list candidates and their respective percentage of votes
garnered over the total votes for the party-list.[28]RankPartyVotes
GarneredVotes Garnered over Total Votes for Party-List, in
%Guaranteed Seat
1BUHAY1,169,2347.33%1
2BAYAN MUNA979,0396.14%1
3CIBAC755,6864.74%1
4GABRIELA621,1713.89%1
5APEC619,6573.88%1
6A TEACHER490,3793.07%1
7AKBAYAN466,1122.92%1
8ALAGAD423,1492.65%1
9COOP-NATCCO409,8832.57%1
10BUTIL409,1602.57%1
11BATAS[29]385,8102.42%1
12ARC374,2882.35%1
13ANAKPAWIS370,2612.32%1
14ABONO339,9902.13%1
15AMIN338,1852.12%1
16AGAP328,7242.06%1
17AN WARAY321,5032.02%1
Total17
18YACAP310,8891.95%0
19FPJPM300,9231.89%0
20UNI-MAD245,3821.54%0
From Table 2 above, we see that only 17 party-list candidates
received at least 2% from the total number of votes cast for
party-list candidates.The 17 qualified party-list candidates, or
the two-percenters, are the party-list candidates that are entitled
to one seat each, or the guaranteed seat.In this first round of
seat allocation, we distributed 17 guaranteed seats.The second
clause ofSection 11(b) of R.A. No. 7941 provides that those
garnering more than two percent (2%) of the votes shall be entitled
to additional seatsin proportion to their total number of
votes.This is where petitioners and intervenors problem with the
formula inVeteranslies.Veteransinterprets the clause in proportion
to their total number of votes to bein proportion to the votes of
the first party.This interpretation is contrary to the express
language of R.A. No. 7941.We rule that, in computing the allocation
ofadditional seats, the continued operation of the two percent
threshold for the distribution of the additional seats as found in
the second clause ofSection 11(b) of R.A. No. 7941
isunconstitutional.This Court finds that the two percent threshold
makes it mathematically impossible to achieve the maximum number of
available party list seats when the number of available party list
seats exceeds 50.The continued operation of the two percent
threshold in the distribution of the additional seats frustrates
the attainment of the permissive ceiling that 20% of the members of
the House of Representatives shall consist of party-list
representatives.To illustrate:There are 55 available party-list
seats.Suppose there are 50 million votes cast for the 100
participants in the party list elections.A party that has two
percent of the votes cast, or one million votes, gets a guaranteed
seat.Let us further assume that the first 50 parties all get one
million votes.Only 50 parties get a seat despite the availability
of 55 seats.Because of the operation of the two percent threshold,
this situation will repeat itself even if we increase the available
party-list seats to 60 seats and even if we increase the votes cast
to 100 million.Thus, even if the maximum number of parties get two
percent of the votes for every party, it is always impossible for
the number of occupied party-list seats to exceed 50 seats as long
as the two percent threshold is present.We therefore strike down
the two percent threshold only in relation to the distribution of
the additional seats as found in the second clause of Section 11(b)
of R.A. No. 7941.The two percent threshold presents an unwarranted
obstacle to the full implementation of Section 5(2), Article VI of
the Constitution and prevents the attainment of the broadest
possible representation of party, sectoral or group interests in
the House of Representatives.[30]In determining the allocation of
seats for party-list representatives under Section 11 of R.A. No.
7941, the following procedure shall be observed:1.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.2.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 guaranteed seat each.3.Those
garnering sufficient number of votes, according to the ranking in
paragraph 1, shall be entitled to additional seats in proportion to
their total number of votes until all the additional seats are
allocated.4.Each party, organization, or coalition shall be
entitled to not more than three (3) seats.In computing the
additional seats, the guaranteed seats shall no longer be included
because they have already been allocated, at one seat each, to
every two-percenter.Thus, the remaining available seats for
allocation as additional seatsarethe maximum seats reserved under
the Party List System less the guaranteed seats.Fractional seats
are disregarded in the absence of a provision in R.A. No. 7941
allowing for a rounding off of fractional seats.In declaring the
two percent threshold unconstitutional, we do not limit our
allocation of additional seats in Table 3 below to the
two-percenters.The percentage of votes garnered by each party-list
candidate is arrived at by dividing the number of votes garnered by
each party by 15,950,900, the total number of votes cast for
party-list candidates.There are two steps in the second round of
seat allocation. First, the percentage is multiplied by the
remaining available seats, 38, which is the difference between the
55 maximum seats reserved under the Party-List System and the 17
guaranteed seats of the two-percenters.The whole integer of the
product of the percentage and of the remaining available seats
corresponds to a partys share in the remaining available
seats.Second, we assign one party-list seat to each of the parties
next in rank until all available seats are completely
distributed.We distributed all of the remaining 38 seats in the
second round of seat allocation.Finally, we apply the three-seat
cap to determine the number of seats each qualified party-list
candidate is entitled.Thus:Table 3.Distribution of Available
Party-List SeatsRankPartyVotes GarneredVotes Garnered overTotal
Votes for Party List, in %(A)Guaranteed Seat(First
Round)(B)AdditionalSeats(Second Round)(C)(B) plus (C), in whole
integers(D)Applying the three seat cap(E)
1BUHAY1,169,2347.33%12.793N.A.
2BAYAN MUNA979,0396.14%12.333N.A.
3CIBAC755,6864.74%11.802N.A.
4GABRIELA621,1713.89%11.482N.A.
5APEC619,6573.88%11.482N.A.
6A Teacher490,3793.07%11.172N.A.
7AKBAYAN466,1122.92%11.112N.A.
8ALAGAD423,1492.65%11.012N.A.
9[31]COOP-NATCCO409,8832.57%112N.A.
10BUTIL409,1602.57%112N.A.
11BATAS385,8102.42%112N.A.
12ARC374,2882.35%112N.A.
13ANAKPAWIS370,2612.32%112N.A.
14ABONO339,9902.13%112N.A.
15AMIN338,1852.12%112N.A.
16AGAP328,7242.06%112N.A.
17AN WARAY321,5032.02%112N.A.
18YACAP310,8891.95%011N.A.
19FPJPM300,9231.89%011N.A.
20UNI-MAD245,3821.54%011N.A.
21ABS235,0861.47%011N.A.
22KAKUSA228,9991.44%011N.A.
23KABATAAN228,6371.43%011N.A.
24ABA-AKO218,8181.37%011N.A.
25ALIF217,8221.37%011N.A.
26SENIOR CITIZENS213,0581.34%011N.A.
27AT197,8721.24%011N.A.
28VFP196,2661.23%011N.A.
29ANAD188,5211.18%011N.A.
30BANAT177,0281.11%011N.A.
31ANG KASANGGA170,5311.07%011N.A.
32BANTAY169,8011.06%011N.A.
33ABAKADA166,7471.05%011N.A.
341-UTAK164,9801.03%011N.A.
35TUCP162,6471.02%011N.A.
36COCOFED155,9200.98%011N.A.
Total1755
Applying the procedure of seat allocation as illustrated in
Table 3 above, there are 55 party-list representatives from the 36
winning party-list organizations.All 55 available party-list seats
are filled.The additional seats allocated to the parties with
sufficient number of votes for one whole seat, in no case to exceed
a total of three seats for each party, are shown in column
(D).Participation of Major Political Parties in Party-List
ElectionsThe Constitutional Commission adopted a multi-party system
thatallowed all political parties to participate in the party-list
elections.The deliberations of the Constitutional Commission
clearly bear this out, thus:MR. MONSOD.Madam President, I just want
to say that we suggested or proposed the party list system because
we wanted to open up the political system to a pluralistic society
through a multiparty system.x x xWe are for opening up the system,
and we would like very much for the sectors to be there.That is why
one of the ways to do that is to put a ceiling on the number of
representatives from any single party that can sit within the 50
allocated under the party list system. x x x.x x xMR. MONSOD.Madam
President, the candidacy for the 198 seats is not limited to
political parties.My question is this: Are we going to classify for
example Christian Democrats and Social Democrats as political
parties?Can they run under the party list concept or must they be
under the district legislation side of it only?MR. VILLACORTA.In
reply to that query, I think these parties that the Commissioner
mentioned can field candidates for the Senate as well as for the
House of Representatives.Likewise, they can also field sectoral
candidates for the 20 percent or 30 percent, whichever is adopted,
of the seats that we are allocating under the party list system.MR.
MONSOD.In other words, the Christian Democrats can field district
candidates and can also participate in the party list system?MR.
VILLACORTA.Why not?When they come to the party list system, they
will be fielding only sectoral candidates.MR. MONSOD.May I be
clarified on that?Can UNIDO participate in the party list
system?MR. VILLACORTA.Yes, why not?For as long as they field
candidates who come from the different marginalized sectors that we
shall designate in this Constitution.MR. MONSOD.Suppose Senator
Taada wants to run under BAYAN group and says that he represents
the farmers, would he qualify?MR. VILLACORTA.No, Senator Taada
would not qualify.MR. MONSOD.But UNIDO can field candidates under
the party list system and say Juan dela Cruz is a farmer.Who would
pass on whether he is a farmer or not?MR. TADEO.Kay Commissioner
Monsod, gusto ko lamang linawin ito.Political parties, particularly
minority political parties, are not prohibited to participate in
the party list election if they can prove that they are also
organized along sectoral lines.MR. MONSOD.What the Commissioner is
saying is that all political parties can participate because it is
precisely the contention of political parties that they represent
the broad base of citizens and that all sectors are represented in
them.Would the Commissioner agree?MR. TADEO.Ang punto lamang namin,
pag pinayagan mo ang UNIDO na isang political party, it will
dominate the party list at mawawalang saysay din yung
sector.Lalamunin mismo ng political parties ang party list
system.Gusto ko lamang bigyan ng diin ang reserve.Hindi ito reserve
seat sa marginalized sectors.Kung titingnan natin itong 198 seats,
reserved din ito sa political parties.MR. MONSOD.Hindi po reserved
iyon kasi anybody can run there.But my question to Commissioner
Villacorta and probably also to Commissioner Tadeo is that under
this system, would UNIDO be banned from running under the party
list system?MR. VILLACORTA.No, as I said,UNIDO may field sectoral
candidates.On that condition alone, UNIDO may be allowed to
register for the party list system.MR. MONSOD.May I inquire from
Commissioner Tadeo if he shares that answer?MR.TADEO.The
same.MR.VILLACORTA.Puwede po ang UNIDO, pero sa sectoral lines.x x
x xMR.OPLE.x x xIn my opinion, this will also create the stimulus
for political parties and mass organizations to seek common
ground.For example, we have the PDP-Laban and the UNIDO.I see no
reason why they should not be able to make common goals with mass
organizations so that the very leadership of these parties can be
transformed through the participation of mass organizations.And if
this is true of the administration parties, this will be true of
others like the Partido ng Bayan which is now being formed.There is
no question that they will be attractive to many mass
organizations.In the opposition parties to which we belong, there
will be a stimulus for us to contact mass organizations so that
with their participation, the policies of such parties can be
radically transformed because this amendment will create conditions
that will challenge both the mass organizations and the political
parties to come together.And the party list system is certainly
available, although it is open to all the parties.It is understood
that the parties will enter in the roll of the COMELEC the names of
representatives of mass organizations affiliated with them.So that
we may, in time, develop this excellent system that they have in
Europe where labor organizations and cooperatives, for example,
distribute themselves either in the Social Democratic Party and the
Christian Democratic Party in Germany, and their very presence
there has a transforming effect upon the philosophies and the
leadership of those parties.It is also a fact well known to all
that in the United States, the AFL-CIO always vote with the
Democratic Party.But the businessmen, most of them, always vote
with the Republican Party, meaning that there is no reason at all
why political parties and mass organizations should not combine,
reenforce, influence and interact with each other so that the very
objectives that we set in this Constitution for sectoral
representation are achieved in a wider, more lasting, and more
institutionalized way. Therefore, I support this
[Monsod-Villacorta] amendment.It installs sectoral representation
as a constitutional gift, but at the same time, it challenges the
sector to rise to the majesty of being elected representatives
later on through a party list system; and even beyond that, to
become actual political parties capable of contesting political
power in the wider constitutional arena for major political
parties.x x x[32](Emphasis supplied)R.A. No. 7941 provided the
details for the concepts put forward by the Constitutional
Commission.Section 3 of R.A. No. 7941 reads: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 interests 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.Congress, in enacting R.A.
No. 7941, put the three-seat cap to prevent any party from
dominating the party-list elections.Neither the Constitution nor
R.A. No. 7941 prohibits major political parties from participating
in the party-list system.On the contrary, the framers of the
Constitution clearly intended the major political parties to
participate in party-list elections through their sectoral wings.In
fact, themembers of the Constitutional Commission voted down,
19-22, any permanent sectoral seats, and in the alternative the
reservation of the party-list system to the sectoral groups.[33]In
defining a party that participates in party-list elections as
either a political party or a sectoral party,R.A. No. 7941 also
clearly intended that major political parties will participate in
the party-list elections.Excluding the major political parties in
party-list elections is manifestly against the Constitution, the
intent of the Constitutional Commission, and R.A. No. 7941.This
Court cannot engage in socio-political engineering and judicially
legislate the exclusion of major political parties from the
party-list elections in patent violation of the Constitution and
the law.Read together, R.A. No. 7941 and the deliberations of the
Constitutional Commission state that major political parties are
allowed to establish, or form coalitions with, sectoral
organizations for electoral or political purposes.There should not
be a problem if, for example, the Liberal Party participates in the
party-list election through the Kabataang Liberal ng Pilipinas
(KALIPI), its sectoral youth wing.The other major political parties
can thus organize, or affiliate with, their chosen sector or
sectors.To further illustrate, the Nacionalista Party can establish
a fisherfolk wing to participate in the party-list election, and
this fisherfolkwing can field its fisherfolk nominees.Kabalikat ng
Malayang Pilipino (KAMPI) can do the same for the urban
poor.Thequalifications of party-list nomineesare prescribed in
Section 9 of R.A. No. 7941: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 elections, able to read
and write,bona fidemember 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 attainsthe age of thirty (30) during his term
shall be allowed to continue until the expiration of his term.Under
Section 9 of R.A. No. 7941, it is not necessary that the party-list
organizations nominee wallow in poverty, destitution and
infirmity[34]as there is no financial status required in the law.It
is enough that the nominee of the sectoral
party/organization/coalition belongs to the marginalized and
underrepresented sectors,[35]that is, if the nominee represents the
fisherfolk, he or she must be a fisherfolk, or if the nominee
represents the senior citizens, he or she must be a senior
citizen.Neither the Constitution nor R.A. No. 7941 mandates the
filling-up of the entire 20% allocation of party-list
representatives found in the Constitution.The Constitution, in
paragraph 1, Section 5 of Article VI, left the determination of the
number of the members of the House of Representatives to
Congress:The House of Representatives shall be composed of not more
than two hundred and fifty members, unless otherwise fixed by law,
x x x.The 20% allocation of party-list representatives is merely a
ceiling; party-list representatives cannot be more than 20% of the
members of the House of Representatives.However, we cannot allow
the continued existence of a provision in the law which will
systematically prevent the constitutionally allocated 20%
party-list representatives from being filled.The three-seat cap, as
a limitation to the number of seats that a qualified party-list
organization may occupy, remains a valid statutory device that
prevents any party from dominating the party-list elections.Seats
for party-list representatives shall thus be allocated in
accordance with the procedure used in Table 3 above.However, by a
vote of 8-7, the Court decided to continue the ruling
inVeteransdisallowing major political parties from participating in
the party-list elections, directly or indirectly.Those who voted to
continue disallowing major political parties from the party-list
elections joined Chief Justice Reynato S. Puno in his separate
opinion.On the formula to allocateparty-list seats, the Court is
unanimous in concurring with thisponencia.WHEREFORE,wePARTIALLY
GRANTthe petition.WeSET ASIDEthe Resolution of the COMELEC dated 3
August 2007 in NBC No. 07-041 (PL) as well as the Resolution dated
9 July 2007 in NBC No. 07-60.We declare unconstitutional the two
percent threshold in the distribution of additional party-list
seats.The allocation of additional seats under the Party-List
System shall be in accordance with the procedure used in Table 3 of
this Decision.Major political parties are disallowed from
participating in party-list elections.This Decision is immediately
executory.No pronouncement as to costs.SO ORDERED.