Amending R.A. No. 7941 (Party-list System Act)

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL -7 All :07 SENATE S.B. No. 192 INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT AMENDING REPUBLIC ACT NO. 7941, ENTITLED "AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR", OTHERWISE KNOWN AS THE 'PARTY-LIST SYSTEM ACT', AND FOR OTHER PURPOSES EXPLANATORY NOTE Article VI, Section 5 of the 1987 Philippine Constitution provides that "(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 if 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."

To reiterate a portion of the decision of Justice Panganiban in the case of Bayan Muna vs. COMELEC G.R. No. 147613, "The party-list system is a social justice tool designed not only to give more law to the great masses of our people who have less in life, but also to enable them to become veritable lawmakers themselves, empowered to participate directly in the enactment of laws designed to benefit them. It intends to make the marginalized and the underrepresented not merely passive recipients of the State's benevolence, but active participants in the mainstream of representative democracy. Thus, allowing all individuals and groups, including those which now dominate district elections, to have the same opportunity to participate in party-list elections would desecrate this lofty objective and mongrelize the social justice mechanism into an atrocious veneer for traditional politics." Through the years, the interpretation of the law on party-list has expanded its qualification and has deviated from the intent of the framers of the 1987 Constitution, which is to truly represent the marginalized and the underrepresented. The party-list system has also been abused and used as a vehicle to pursue advocacies that are not for the best interest of the Government. The deviation from the true mandate of the party-list system, which is to increase the social, economic and political inequalities, has created the evil that was sought to be prevented by the framers of our Constitution. In view of the foregoing, the immediate passage of this bill is earnestly sought. Wh- VICENTE C. SOTTO III

TWENTIETH CONGRESS OF THE / REPUBLIC OF THE PHILIPPINES } First Regular Session } 25 JUL -7 A11:07 SENATE S.B. No. 192 INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT AMENDING REPUBLIC ACT NO. 7941, ENTITLED "AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR", OTHERWISE KNOWN AS THE 'PARTY-LIST SYSTEM ACT', AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives in Congress assembled:

SECTION 1. Section 5 of Republic Act 7941 is hereby amended to read

as follows:

Section 5. Registration. [Any organized group of persons] ANY

POLITICAL PARTY, SECTOR, ORGANIZATION OR COALITION WHETHER ITS NATIONAL, REGIONAL OR SECTORAL may register [as a party, organization or coalition] for purposes of the party-list system, PROVIDED THAT THEY MUST REPRESENT THE MARGINALIZED AND UNDERREPRESENTED SECTORS, ORGANIZATIONS AND PARTIES AND THAT THEY LACK A WELL- DEFINED CONSTITUENCY, 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 requirel:]. PROVIDED, FURTHER THAT

MAJORITY OF ITS MEMBERSHIP SHOULD BELONG TO THE MARGINALIZED AND UNDERREPRESENTED AND provided, FINALLY That the sectors shall include labor, peasant, FARMERS, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women[,] AND 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 2. Section 6 of Republic Act 7941 is hereby amended to read as

follows:

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; (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; (6) It declares untruthful statements in its petition;

(7) It has ceased to exist for at least one (1) year; [or] (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[.l; (9) FOR FAILURE TO REPRESENT THE MARGINALIZED AND UNDERREPRESENTED SECTORS, ORGANIZATIONS AND PARTIES AND AND/OR HAVING A . WELL-DEFINED CONSTITUENCY; (10) FOR FAILURE OF THE MAJORITY OF ITS MEMBERS TO BELONG TO THE MARGINALIZED AND UNDERREPRESENTED SECTOR, ORGANIZATION OR PARTY THAT THEY REPRESENT; (11) FOR DIRECTLY OR INDIRECTLY PARTICIPATE IN ACTS DETRIMENTAL TO THE BEST INTEREST OF THE GOVERNMENT, TO OVERTHROW THE GOVERNMENT OR DIMINISH ITS POWERS, OR TO BE ASSOCIATED BY ANY MEANS TO REBELS OR TERRORIST GROUPS; (12) FOR CEASING TO BE A MARGINALIZED AND UNDERREPRESENTED SECTOR, ORGANIZATION OR PARTY; OR (13) FOR MATERIAL MISREPRESENTATION OF ITS NOMINEE'S QUALIFICATION.

SECTION 3. Section 6 of Republic Act 7941 is hereby amended to read as

follows:

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.

THE NOMINEES MUST BELONG TO THE MARGINALIZED AND UNDERREPRESENTED SECTORS, ORGANIZATIONS AND PARTIES, HAVING THE COMMON CHARACTERISTIC OF ITS MEMBERS AND NOT JUST SHARING THE SAME BELIEFS OR ADVOCACY. 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. 12 SECTION 4. Repealing Clause.- All laws, decrees, executive orders, issuances 13 or regulations inconsistent with the provisions of this Act shall hereby be revised 14 or amended accordingly. 15 SECTION 5. Separability Clause- If any part of this Act is declared 16 unconstitutional or invalid such parts or provisions thereof not so declared shall 17 remain valid and subsisting. 18 SECTION 6. Effectivity Clause.- This Act shall take effect fifteen (15) days after its publication in at least two (2) newspaper of general circulation. Approved.