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

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES, First Regular Session 25 JUL 29 P1:13 SENATE S.B. No. _ -757 RECEIVED 5' Introduced by SENATOR IMEE R. MARCOS 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 states 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 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." In Bayan Muna vs. COMELEC, G.R. No. 147613, June 26, 2001, the Supreme Court emphasized that "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". Over the years, the interpretation of the party-list law has shifted to allow greater diversity in the sectors represented and the types of organizations permitted to participate. However, this broader interpretation has also opened the door for opportunistic individuals to exploit the system, using it to advance agendas that do not align with the interests of the Government and the State. As a result, the voices of genuinely marginalized and underrepresented groups are often drowned out by political parties and party-list groups with questionable-or even nonexistent-advocacies, eager to exploit what has become a "backdoor" to the House of Representatives. These developments have contributed to the very social, economic, and political inequalities that the framers of our Constitution intended to prevent. The proposed amendments in this bill aim to curb the abuses of the party-list system. At the same time, it seeks to address the social, economic, and political inequalities afflicting our nation by creating a more authentic opportunity for genuinely marginalized and underrepresented sectors to elect their rightful representatives to the House of Representatives. In view of the foregoing, the approval of this bill is earnestly sought. IMEER. MARCOS J

140600 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session JUL 29 P1:13 SENATE S.B. No. - Introduced by SENATOR IMEE R. MARCOS 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 House of Representatives of the Philippines in Congress assembled:

SECTION 1. Republic Act No. 7941 is hereby amended by inserting a new

Section 3 to read as follows:

"SEC. 3. CLASSIFICATION OF GROUPS UNDER THE PARTY- LIST SYSTEM. - THE PARTY-LIST SYSTEM SHALL BE DIVIDED INTO TWO CLASSIFICATIONS: (A) POLITICAL PARTIES OR COALITION OF POLITICAL PARTIES, AND (B) SECTORAL PARTIES OR ORGANIZATIONS. FIFTY PERCENT (50%) OF THE SEATS ALLOCATED FOR THE PARTY-LIST SHALL BE RESERVED FOR POLITICAL PARTIES AND COALITIONS OF POLITICAL PARTIES AND THE OTHER FIFTY PERCENT (50%) SHALL BE RESERVED FOR SECTORAL PARTIES OR ORGANIZATIONS: PROVIDED, THAT IN CASE OF AN ODD NUMBER IN THE TOTAL NUMBER OF SEATS TO BE ALLOCATED, THE SAME SHALL BE ALLOCATED TO THE PARTY- LIST GROUP NEXT IN RANK IN TERMS OF TOTAL NUMBER OF VOTES REGARDLESS OF CLASSIFICATION. IN THE EVENT OF A TIE, PRIORITY SHALL BE GIVEN TO THE PARTY-LIST GROUP THAT BELONGS TO THE CLASSIFICATION THAT HAS THE HIGHER NUMBER OF TOTAL PARTY-LIST CANDIDATES FOR THAT PARTICULAR ELECTION. SECTORAL PARTIES, SECTORAL ORGANIZATIONS, AND COALITIONS OF SECTORAL PARTIES SHALL EXCLUSIVELY

REPRESENT THE MARGINALIZED AND UNDERREPRESENTED SECTORS AS DEFINED IN THIS ACT."

SEC. 2. Section 3 of Republic Act No. 7941 is hereby amended to read as

follows: "SEC. [3] 4. Definition of Terms. - (a) xxx. (b) xxx. (c) xxx. XXX. (d) xxx. (e) xxX. (f) xxx. (G) MARGINALIZED AND UNDERREPRESENTED SECTORS REFER TO THE SECTORS EXPRESSLY MENTIONED IN ARTICLE VI, SECTION 5 OF THE CONSTITUTION AND OTHER SECTORS THAT ARE, BY NATURE, ECONOMICALLY, POLITICALLY, CULTURALLY, OR SOCIALLY MARGINALIZED FROM, AND/OR UNDERREPRESENTED IN, MAINSTREAM ECONOMIC, POLITICAL, CULTURAL, OR SOCIAL ACTIVITIES. THESE SECTORS INCLUDE FISHERFOLK, PERSONS WITH DISABILITIES, VETERANS, OVERSEAS WORKERS, AND SIMILAR SECTORS."

SEC. 3. Section 4 of Republic Act No. 7941 is hereby amended to read as follows:

"SEC. [4] 5. Manifestation to Participate in the Party-List System. - Any party, organization, or coalition already registered with the [Commission] COMELEC need not register anew. However, such party, organization or coalition shall file with the Commission, not later than [ainety (90) days] ONE (1) YEAR before the election, a manifestation of its desire to participate in the party-list system AND WHETHER IT IS PARTICIPATING AS A POLITICAL PARTY OR COALITION OF POLITICAL PARTIES OR A SECTORAL PARTY OR ORGANIZATION; PROVIDED, THAT THE COMELEC SHALL CLASSIFY THE PARTY-LIST GROUP AS A POLITICAL PARTY OR A SECTORAL PARTY OR ORGANIZATION."

SEC. 4. Section 5 of Republic Act No. 7941 is hereby amended to read

as follows:

"SEC. [5] 6. Registration. - Any organized group of persons may register as a party, organization or coalition for purposes of the party-list system by filing with the COMELEC not later than [ninety (90) days] ONE (1) YEAR 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-of organization or a coalition of such parties or organizations] NATIONAL OR REGIONAL POLITICAL PARTY OR COALITION OF POLITICAL PARTIES OR A SECTORAL PARTY OR ORGANIZATION OR COALITION OF SECTORAL PARTIES, attaching thereto its constitution, by-laws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require. [+ provided, that the seeters shall include taber, peasant, fisherfol, urban poor, indigenous cultural communities, elderly, handicapped, wemen, youth, veterans, overseas workers, and prefessienals.] xXX. xxx."

SEC. 5. Section 6 of Republic Act No. 7941 is hereby amended to read

as follows: "SEC. [6] 7. Removal and/or Cancellation of Registration. - The COMELEC may motu proprio or upon verified complaint of any interested party, remove 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 percentum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered [=]; (9) MATERIAL MISREPRESENTATION OF THE QUALIFICATIONS OF ITS NOMINEES; OR (10) A FINDING BY FINAL JUDGMENT THAT IT DIRECTLY OR INDIRECTLY PARTICIPATED 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 THOSE DESIGNATED AND/OR PROSCRIBED TERRORST PERSONS UNDER REPUBLIC ACT NO. 11479 OR "THE ANTI-TERRORISM ACT OF 2020."

SEC. 6. Section 7 of Republic Act No. 7941 is hereby amended to read

as follows: "SEC. [7] 8. Certified List of Registered Parties- The COMELEC shall, not later than sixty (60) days before election, prepare a certified list of [national, regional, or sectoral parties, organizations or coattions] NATIONAL OR REGIONAL POLITICAL PARTIES OR COALITION OF POLITICAL PARTIES AND A CERTIFIED LIST OF SECTORAL PARTIES OR ORGANIZATIONS OR COALITION OF SECTORAL PARTIES which have applied or who have manifested their desire to participate under the party-list system and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the party-list nominees shall not be shown on the certified list."

SEC. 7. Section 8 of Republic Act No. 7941 is hereby amended to read as

follows: "SEC. [8] 9. Nomination of Party-List Representatives. - xxx. 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 his bid for an elective office in the immediately preceding election. THE LIST MAY CONTAIN UP TO TEN NOMINEES.

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 [thel a nominee dies, or withdraws-in writing, his nomination,] OR becomes MENTALLY OR PHYSICALLY incapacitated AND THERE IS PROOF THAT SUCH INCAPACITY WILL LIKELY PERSIST THROUGHOUT THE DURATION OF THE TERM FOR WHICH THE PARTY-LIST THAT NOMINTATED HIM OR HER IS SEEKING ELECTION, in which case the name of the substitutes nominee shall be placed last in the list. Incumbent [sectoral] PARTY-LIST representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned."

SEC. 8. Section 9 of Republic Act No. 7941 is hereby amended to read as

follows: "SEC. [9] 10. Qualification 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, bona fide member of the party or organization which he seeks to represent for at least [ninety (90) days] ONE YEAR preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election [:]: PROVIDED, THAT THE NOMINEES OF A SECTORAL PARTY OR ORGANIZATION MUST BELONG TO THE MARGINALIZED AND UNDERREPRESENTED SECTOR WHICH THEY SEEK TO REPRESENT. 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 during his term shall be allowed to continue until the expiration of his term."

SEC. 9. Section 10 of Republic Act No. 7941 is hereby amended to read as

follows: "SEC. [10] 11. Manner of Voting. - Every voter shall be entitled to [two (2)] THREE (3) votes: the first is a vote for candidate for member of the House of Representatives in his legislative district, [and] the second, a vote for the POLITICAL party [organization,] or coalition he wants represented in the House of Representatives, AND THE THIRD, A VOTE FOR THE SECTORAL PARTY OR ORGANIZATION UNDER THE PARTY-LIST SYSTEM WHICH HE WANTS REPRESENTED IN THE HOUSE OF

REPRESENTATIVES: Provided, That a vote cast for a party, sectoral organization, or coalition not entitled to be voted for shall not be counted[: Provided, finally, That the first election under the party list system shall be held in May 1998.]. XXX."

SEC. 10. Section 11 of Republic Act No. 7941 is hereby amended to read as

follows: "SEC. [11] 12. Number of Party-List Representatives. - xxx. xXX. In determining the EQUAL allocation of seats for the [second vote] POLITICAL PARTIES OR COALITION OF PARTIES AND THE SECTORAL PARTIES OR ORGANIZATION UNDER THE PARTY-LIST SYSTEM, PURSUANT TO SECTION 3 HEREOF, the following procedure shall be observed: (a) xxx. (b). The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the ENTIRE party-list system shall, TO THE EXTENT POSSIBLE, 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, [finalty] FURTHER, that each party, organization, or coalition shall be entitled to not more than three (3) seats [-]; PROVIDED FINALLY, THAT THE EQUAL PROPORTION OF SEATS BETWEEN THE NOMINEES OF POLITICAL PARTIES OR COALITIONS AND SECTORAL PARTIES OR ORGANIZATIONS, AS SET FORTH IN

SECTION 3 HEREOF, BE OBSERVED AT ALL TIMES."

SEC. 11. Section 12 of Republic Act No. 7941 is hereby amended to read as

follows: "SEC. [12] 13. Procedure in Allocating Seats for Party-List Representatives.- The COMELEC shall SEPARATELY tally all the votes for the POLITICAL OR COALITION OF POLITICAL parties, AND SECTORAL PARTIES OR 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."

All succeeding sections of Republic Act No. 7941 are hereby renumbered accordingly.

SEC. 12. Separability Clause. - If any provision, or part hereof, is held invalid

or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SEC. 13. Repealing Clause. - All laws, decrees, orders, and issuances, or

portions thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified accordingly.

SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its publication in at least two (2) newspapers of general circulation. Approved,