Party-list Reform Act

Senale Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 MAY -4 P5:06 SENATE RECEIVED BY: S.B. No. — 2090 (In substitution of Senate Bill Nos. 192, 201, 757, 1559, 1656, 1718, 1871, and 1907) Prepared by the Committee on Electoral Reforms and People's Participation with Senators Sotto III, Dela Rosa, Marcos, Aquino, Hontiveros, Legarda, Ejercito, Pangilinan, and Padilla as authors thereof AN ACT ENSURING PROPORTIONAL REPRESENTATION IN THE HOUSE OF REPRESENTATIVES THROUGH A STRENGTHENED PARTY-LIST SYSTEM, REPEALING REPUBLIC ACT NO. 7941 OR THE "PARTY-LIST SYSTEM ACT" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. — This Act shall be known as the "Party-List Reform Act".

SEC. 2. Declaration of Policy. - The State shall promote proportional

4 representation in the election of representatives to the House of Representatives 5 through a party-list system of registered national, regional and sectoral parties or organizations, which will enable Filipino citizens belonging to the marginalized and underrepresented sectors, organizations or parties, and groups that lack well-defined 8 political constituencies but who could contribute to the formulation and enactment of 9 appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. Towards this end, the State shall develop and guarantee a full, free and open party system in order to attain the broadest possible 12 representation of party, sectoral or group interests in the House of Representatives

1 by enhancing their chances to compete for and win seats in the legislature, and shall 2 provide the simplest scheme possible.

SEC. 3. Definition of Terms. - For purposes of this Act, the following terms

5 shall mean as follows: (a) Available seats refer to the actual number of seats reserved for the party-list system in the House of Representatives; (b) Elderly refers to senior citizens as defined under Republic Act No. 7432, as amended; (c) Fisherfolk refer to persons directly engaged in capture fishing, aquaculture, or fish processing, particularly small-scale and municipal fisherfolk; (d) Indigenous cultural communities refer to a group of people or homogenous societies as defined under R.A. No. 8371 or "The Indigenous Peoples' Rights Act of 1997"; (e) Labor refers to wage-earning workers engaged in formal employment, whether in the public or private sector, excluding workers primarily engaged in the informal economy; (f) Overseas workers refer to Filipino workers employed or having been employed outside the Philippines, whether land-based or sea-based; (g) Party-list organization refers to a group of citizens that is duly registered with the Commission on Elections (COMELEC) under this Act for the purpose of seeking representation in the House of Representatives through the party- list system;

(h) Party-list system refers to a mechanism of proportional representation 2 in the election of representatives to the House of Representatives from national, 3 regional, and sectoral parties or organizations registered with the COMELEC; (i) Peasants and farmers refer to small land-tilling farmers, tenants, and 6 agricultural workers who rely primarily on subsistence farming for livelihood, and persons primarily engaged in agricultural production, including landowners personally tilling their land; (j) Persons with disabilities refer to persons as defined under R.A. No. 7277 or the "Magna Carta for Disabled Persons," as amended; (k) Political dynasty refers to the concentration, consolidation, or perpetuation of public office and political power by spouses or relatives related within the second degree of consanguinity, whether legitimate or illegitimate, full or half- blood, among national or local elective officials, and party-list representatives; (1) Political party-list organization 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 leaders and members as candidates for public office. It is a national political party-list organization when its constituency is spread over the geographical territory of at least a majority of the regions. It is a regional political party-list organization when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region; (m) Sectoral party-list organization refers to an organized group of citizens belonging to any of the sectors enumerated in Section 5 hereof whose

1 principal advocacy pertains to the special interest and concerns of their sector, or any 2 other group of citizens who share similar physical attributes or characteristics, 3 employment, interests, or concerns, which the COMELEC may recognize, upon clear 4 and convincing evidence, are economically, politically, or socially marginalized and underrepresented; (n) Sexual and gender minorities refer to persons whose sexual 8 orientation, gender identity, gender expression, or sex characteristics differ from 9 prevailing social norms, and who experience political or social marginalization on such 10 basis; (0) Urban poor refer to individuals or families residing in urban areas whose income falls below the poverty threshold, including informal settlers; (p) Veterans refer to individuals defined as such under R.A. No. 6948, as amended, and under other existing laws administered by the Philippine Veterans Affairs Office; (q) Winning minimum percentage threshold for political party-list organizations refers to the value of one divided by the number of available seats for political parties, multiplied by one hundred percent (100%). The winning minimum percentage threshold for sectoral party-list organizations refers to the value of one divided by the number of available seats for sectoral party-list organizations, multiplied by one hundred percent (100%). These values shall be expressed in at least six (6) decimal places; (r) Women refer to female persons, including those belonging to marginalized and disadvantaged groups, consistent with R.A. No. 9710 or "The Magna 31 Carta of Women";

(s) Workers in the informal sector refer to individuals engaged in 2 economic activities that are not adequately regulated, protected, or covered by formal 3 labor laws, including self-employed, own-account, and home-based workers; (t) Youth refer to persons aged fifteen (15) to thirty (30) years, consistent 6 with R.A. No. 8044 or the "Youth in Nation-Building Act", as amended.

SEC. 4. Manifestation to Participate in the Party-List System. - Any

9 party, organization, or coalition already registered under the party-list system with the 10 COMELEC need not register anew but shall file, within the period prescribed by the 11 COMELEC, a manifestation of its desire to participate in the party-list system in 12 accordance with this Act. Provided, That any party or organization previously registered or accredited shall, in its manifestation, elect to participate either as a political party-list organization or a sectoral party-list organization, in either case subject to compliance with the requirements of this Act and the rules of the COMELEC. Only upon approval of such manifestation by the COMELEC shall the party or organization be deemed authorized to participate under the party-list system. The COMELEC may require the submission of such documents or information as may be necessary to establish that the party or organization genuinely represents 23 the political party or sector under which it seeks to participate and may, in its discretion, conduct a hearing for this purpose. A party-list organization shall participate in any election exclusively under the classification for which it is registered and accredited, and shall not be allowed to participate under any other classification unless duly registered and accredited therefor in accordance with this Act.

SEC. 5. Registration. - Any organized group of persons may register as a

party-list organization for purposes of the party-list system by filing with the COMELEC

within the period prescribed by the latter, which shall not be later than one hundred 2 eighty (180) 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 or regional political 4 party-list organization or a sectoral party-list organization, attaching thereto its constitution, by-laws, platform or program of government, list of officers, and other 6 relevant information as the COMELEC may require. Provided, That any party or organization seeking registration as a sectoral 9 party-list organization shall represent and belong to one (1) sector only from among 10 the sectors recognized in this Act. The verified petition must state: (a) the name and acronym of the party-list organization, with the acronym not exceeding twenty (20) characters; (b) the name and address of its president, chairperson, or secretary-general, who will represent the party-list organization in the petition; (c) the petitioner's principal address; (d) the names, positions, and addresses of its elected officers; (e) the names and addresses of its chapter offices; (f) the list of documents attached; and (g) its commitment to comply with the laws, rules, and regulations relating to elections and the implementation of this Act. All parties and organizations seeking to participate in the party-list system shall, upon registration, likewise declare and be registered under one (1) classification,

1 whether as a political party-list organization or a sectoral party-list organization, and 2 shall contend only for the party-list seats allocated to such classification. No party-list organization may be registered in more than one classification. For sectoral party-list organizations, the sectors shall include labor, peasants and farmers, fisherfolk, urban poor, indigenous cultural communities, elderly, 8 handicapped, women, youth, veterans, overseas workers, sexual and gender 9 minorities, workers in the informal economy, and such other sectors composed of any 10 other group of citizens who share similar physical attributes or characteristics, employment, interests, or concerns, which the COMELEC may recognize, upon clear and convincing evidence, are economically, politically, or socially marginalized and underrepresented. No group, organization, or party shall be eligible for registration as a political 16 party-list organization unless it has proven in an evidentiary public hearing that shall 17 be conducted by the COMELEC that it truly advocates a clear ideology, platform, or principles and policies for the general conduct of government. No group, organization, or party shall be eligible for registration as a sectoral party-list organization unless it has proven in an evidentiary public hearing that shall be conducted by the COMELEC that it truly represents marginalized and underrepresented sector/s, and its nominees belong to the sector they seek to represent. The COMELEC shall order the publication of the petition in at least two (2) national newspapers of general circulation. The COMELEC shall, after due notice and hearing, resolve the petition, but in no case later than sixty (60) days before election.

SEC. 6. Refusal and/or cancellation of Registration. -

The COMELEC may, motu proprio, summarily refuse registration of any national, regional, or sectoral party-list organization, without need of notice and hearing, when the petition or any required supporting document is incomplete, 6 defective, or patently insufficient on its face: Provided, That such refusal shall be without prejudice to the filing of a new or amended petition within the period prescribed for registration. The COMELEC may likewise, motu proprio or upon verified complaint of any 11 interested party, refuse or cancel, after due notice and hearing, the registration of any national, regional, or sectoral party-list organization on any of the following grounds: (a) It is a religious sect or denomination, organization, or association, organized for religious purposes; (b) It advocates violence or unlawful means to seek its goal; (c) It is a foreign party or organization; (d) 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; (e) It violates or fails to comply with laws, rules or regulations relating to elections; (f) It declares untruthful statements in its petition; (g) It has ceased to exist for at least one (1) year; It fails to participate in the last two (2) preceding elections; (h)

Its registered name, including its name on the ballot: (1) is confusingly similar to, or constitutes a perceivably colorable imitation of, the name of an already registered party list; (2) is identical to, incorporates, patterned after, derives from, or is confusingly similar to the name of a government agency, program, project, activity, or initiative, whether existing or defunct; (3) is identical to, incorporates, patterned after, derives from, or is confusingly similar to titles of television or radio programs, whether existing or defunct; (4) is identical to, incorporates, patterned after, derives from, or is confusingly similar to the names, stage names, initials, images, likeness, signifiers, symbols, or are well-known monikers of living or deceased public officials, politicians, celebrities, athletes, or other public figures; or (5) otherwise capable of creating a false impression of endorsement, affiliation, or connection with any of the above. (j) For sectoral party-list organizations, failure of the majority of its members to belong to the marginalized and underrepresented sector they seek to represent; (k) For material misrepresentation of its nominee's qualification.

SEC. 7. Certified list of registered parties. - The COMELEC shall prepare a

certified list of national or regional political party-list organizations and a certified list of sectoral party-list organizations which have been registered in accordance with the above provisions and distribute copies thereof to all precincts for posting in the polling

1 places on election day. The names of the party-list nominees shall not be shown on 2 the certified list.

SEC. 8. Nominations of party-list representatives. - Each registered

5 party-list organization shall submit to the COMELEC, within the period prescribed by the latter, a list of not less than fifteen (15) nominees from which the party-list representatives shall be chosen in case it obtains the required number of votes. The list of nominees must be approved by the highest decision-making body of 10 the party-list organization and shall be accompanied by a certification of nomination for each nominee, executed and signed by the duly authorized signatory of the party- list organization. A person may be nominated in one (1) list only. Only persons who have given their consent in writing may be named in the list. The list shall not include any candidate for any elective office or person who has lost the bid for an elective office in the immediately preceding election. No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where a nominee dies or becomes incapacitated, in which case the name of the substitute's nominee shall be placed last in the list. Incumbent party-list representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned.

SEC. 9. Qualification of party-list nominees. - No person shall be

nominated as party-list representative unless such person 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, bona fide member of the party or organization which the person seeks to represent for at least ninety (90) days preceding the day of the election, and is at 30 least twenty-five (25) years of age on the day of the election.

Provided, That the nominees of a sectoral party-list organization must belong 2 to the marginalized and underrepresented sector which they seek to represent. In case of a nominee of the youth sector, the nominee must at least be twenty- 5 five (25) but not more than thirty (30) years of age on the day of the election. Any 6 youth sectoral representative who attains the age of thirty during said representative's term shall be allowed to continue until the expiration of the term. All nominees, including those of the youth sector, shall not be qualified to 10 become a party-list nominee if the person: (a) is related by affinity or consanguinity to the second degree to any incumbent elected local and national official, including a party-list representative; (b) has or has had a beneficial interest in, or holds or has held contracts or sub-contracts, whether as individual or as an incorporator, director, or officer, to supply the government or any of its divisions, subdivisions, or instrumentalities, with goods or services or to perform construction or other works in the last ten (10) years preceding the subject election.

SEC. 10. Manner of voting Members of the House of Representatives.

— Every voter shall be entitled to two (2) votes for Members of the House of Representatives. The first is a vote for candidate for member of the House of Representatives in the voter's legislative district (district representative), and the second, a vote for the party-list organization the voter wants represented in the House of Representatives: Provided, That a vote cast for a party-list, sectoral organization, 27 or coalition not entitled to be voted for shall not be counted, including votes cast for a party-list organization that appears on the official ballot but whose registration or accreditation is subsequently cancelled, or whose application for registration or participation is ultimately denied or refused, whether resolved before or after election day. All such votes shall be considered stray votes and shall not be credited to any party-list organization, nor included in the total number of votes cast for the

1 classification to which such party-list has registered to. The COMELEC shall undertake 2 the necessary information campaign for purposes of educating the electorate on the 3 matter of the party-list system.

SEC 11. Number of party-list representatives. - The party-list

6 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. In computing the total number of available seats corresponding to twenty per 10 centum (20%) of the House of Representatives, if the resulting number is a fractional seat, the total shall be rounded up to the nearest whole number. The total number of party-list seats shall be apportioned as follows: (a) Fifty percent (50%) of the available seats under the party-list system shall be reserved for national and regional political party-list organizations. (b) Fifty percent (50%) shall be reserved for sectoral party-list organizations: (1) labor; (2) peasants and farmers; (3) fisherfolk; (4) urban poor; (5) indigenous cultural communities; (6) elderly; (7) persons with disabilities; (8) women; (9) youth; (10) veterans; (11) overseas workers; (12) sexual and gender minorities;

(13) workers in the informal economy; and (14) any other group of citizens who share similar physical attributes or characteristics, employment, interests, or concerns, which the COMELEC may recognize, upon clear and convincing evidence, are economically, politically, or socially marginalized and underrepresented. (c) In case the number of available seats cannot be divided equally, the odd seat shall be reserved for sectoral party-list organizations.

SEC. 12. Procedure in allocating seats for party-list representatives. -

12 The COMELEC shall: (a) Determine the number of available seats for the party-list system and the corresponding number of available seats for political party-list organizations and sectoral party-list organizations, respectively. (b) Tally all votes received by party-list organizations on a nationwide basis, and segregate them according to their registered classification. (c) Count the total respective votes cast for political party-list organizations and sectoral party-list organizations. (d) Rank party-list organizations within each classification according to the number of votes received. (e) Allocate seats within each classification as follows: (1) Determine the percentage of votes received by each party-list organization in relation to the total votes received by their classification. This value shall be computed up to six (6) decimal places.

Percentage of votes received by a party-list organization = × 100 Votes received by each party-list organization Total votes received by all party-list organizations within their classification (2) Identify the party-list organizations who obtained a percentage of votes equal to or greater than the winning minimum percentage threshold for their classification. These party-list organizations shall be referred to as the "winning minimum percenters". (3) Segregate the winning minimum percenters from the party-list organizations in their classification that did not reach the winning minimum percentage threshold. (4) Determine the percentage of votes obtained by each winning minimum percenter in relation to the total votes obtained only by the winning minimum percenters in the same classification. Percentage of votes of a winning minimum percenter = Votes received by each winning minimum percenter x 100 Total votes received by all winning minimum percenters in the same classification (5) Multiply the percentage of votes obtained by each winning minimum percenter, as referred to in the immediately preceding paragraph, by the number of available seats in their classification. The result will be the number of seats that shall be awarded to each winning minimum percenter, rounded down to the nearest whole number.

Number of seats for the winning minimum percenter = Percentage of votes of a × Number of available seats winning minimum percenter in their classification A political party-list organization shall be entitied to not more than ten (10) seats, and a sectoral party-list organization shall be entitled to not more than three (3) seats. (6) Any remaining available seats in each classification will be allocated to other party-list organizations in the same classification that did not reach the winning minimum percentage threshold. One seat shall be awarded to each of them, as ranked in paragraph (d) of this Section, until all the available seats shall have been filled. (f) The COMELEC shall promulgate the necessary rules and regulations to implement this Section, including the resolution of disputes arising from classification or seat allocation.

SEC. 13. How party-list representatives are chosen. - Party-list

representatives shall be proclaimed by the COMELEC based on the list of names submitted by the respective party-list organizations to the COMELEC according to their ranking in the said list: Provided, That the no person disqualified under Section 9 of 25 this Act shall be proclaimed as party-list representative.

SEC 14. Term of office. - Party-list representatives shall be elected for a term

of three (3) years which shall begin, unless otherwise provided by law, at noon on the thirtieth (30th) day of June next following their election. No person shall serve as a member of the House of Representatives for more than three (3) consecutive terms. For purposes of this limitation, any prior service as

a member of the House of Representatives, whether as a district or party-list 2 representative, shall be counted. Voluntary renunciation of the office for any length of time shall not be 5 considered as an interruption in the continuity of service for the full term for which the member of the House of Representatives was elected.

SEC. 15. Change of affiliation effect. - Any elected party-list representative

9 who changes political party or sectoral affiliation during the said latter's term of office 10 shall forfeit the seat for which said representative was elected: Provided, That if the party-list representative changes political party or sectoral affiliation within six (6) months before an election, the latter shall not be eligible for nomination as party-list representative under the new party or organization.

SEC. 16. Vacancy. - In case of vacancy in seats reserved for party-list

representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization, or coalition concerned shall submit additional nominees.

SEC. 17. Automatic resignation of nominees from appointive positions.

23 - Any person who submits own name as a nominee of a party-list organization shall be deemed to have resigned from any appointive position the said person currently holds in government, whether in the national or local government, upon submission 26 of the certificate of nomination or other required documents to the COMELEC. The COMELEC shall require proof of compliance with this Section as a condition for the acceptance and accreditation of the nominee for participation in the party-list 30 system.

SEC. 18. Prohibition on appointment of nominees of unsuccessful

2 party-list organizations. - Any person who was submitted as a nominee of a party- list organization that failed to win any seat in the House of Representatives in the 4 elections shall be prohibited from holding any appointive position in government for a 5 period of one (1) year immediately following the date of the election.

SEC. 19. Rights of party-list representatives. - Party-list representatives

8 shall be entitled to the same salaries and emoluments as regular members of the 9 House of Representatives.

SEC. 20. Implementing Rules and Regulations. - The COMELEC shall

promulgate the rules and regulations necessary for the implementation of this Act within ninety (90) days from its effectivity.

SEC. 21. Appropriations. - The amount necessary for the implementation of

this Act shall be provided in the regular appropriations for the COMELEC under the General Appropriations Act starting fiscal year 2027. In the interim, the COMELEC is hereby authorized to utilize the savings and other available funds for purposes of conducting information and education campaigns on the party-list system.

SEC. 22. Separability Clause. - If any provision or part thereof is held invalid

or unconstitutional, the remainder of this Act or provisions not otherwise affected shall remain valid and subsisting and shall remain in full force and effect.

SEC. 23. Repealing Clause. - Republic Act No. 7941, otherwise known as

"Party-List System Act", is hereby repealed. All other laws, acts, presidential decrees, executive orders, letters of instruction, 31 proclamations, administrative orders, rules or regulations, or any provision or part

thereof that are inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 24. Effectivity. - This Act shall take effect upon publication in the Official

5 Gazette or in newspaper of general circulation. Approved.