Party-List System | House of Representatives | Chambers of Congress; Composition; Qualifications | LEGISLATIVE DEPARTMENT

Political Law and Public International Law: Legislative Department > Chambers of Congress; Composition; Qualifications > House of Representatives > Party-List System

The Party-List System is a distinct feature of the Philippine electoral process under the 1987 Constitution. It is designed to promote proportional representation in the House of Representatives and ensure that marginalized and underrepresented sectors of society are given a voice in legislative affairs. Below is a detailed explanation of the key components of the Party-List System under Philippine law.

1. Constitutional Foundation

The 1987 Philippine Constitution, under Article VI, Section 5(2), provides that:

• The House of Representatives shall consist of members elected from legislative districts and those elected through a party-list system.
• The party-list representatives shall constitute 20% of the total number of the House of Representatives.
• The manner and form of the party-list election are left to the discretion of Congress through enabling laws.

2. Republic Act No. 7941 (The Party-List System Act)

Enacted in 1995, RA No. 7941 provides the legal framework for the implementation of the Party-List System. The law ensures proportional representation through the election of party-list groups, organizations, or coalitions in the House of Representatives. Below are the critical features of the Act:

a. Objectives of the Party-List System:

The Party-List System aims to:

• Enhance the representation of marginalized and underrepresented sectors.
• Broaden the base of the legislature by involving sectors that traditionally have no access to political power.
• Institutionalize a system of proportional representation in the legislative branch.

b. Eligibility Requirements:

1. Who may participate:

   • National, regional, and sectoral parties or organizations registered with the Commission on Elections (COMELEC).
   • Sectoral organizations representing labor, peasant, fisherfolk, urban poor, indigenous cultural communities, women, youth, and other sectors traditionally marginalized and underrepresented.

2. Qualifications of nominees:

   • Nominees of party-list groups must be Filipino citizens.
   • They should be bona fide members of the party or organization they represent.
   • Nominees must adhere to the advocacy of the party-list they represent and should belong to the sector being represented, except for political parties.

3. Exclusions:

   • Religious organizations are prohibited from participating in the party-list elections.
   • Political parties that are represented in district elections may participate in the party-list system, but they are subject to strict scrutiny to ensure that their participation does not dilute the representation of marginalized sectors.

c. Allocation of Party-List Seats:

1. Number of seats:

   • The Constitution mandates that 20% of the total members of the House of Representatives shall be allocated to party-list representatives. However, the Supreme Court clarified that this percentage pertains to the total number of seats, not a separate allocation.

2. Determining the number of seats: The allocation of seats under the Party-List System follows the multi-seat proportional representation based on the total votes cast for each party-list organization. The rules for determining the seats are:

   • A party-list organization must secure at least 2% of the total votes cast for party-list elections to be entitled to one seat.
   • If an organization garners more than 2%, it may be entitled to additional seats, provided that no party-list organization can hold more than three seats, regardless of the total number of votes.

3. Three-seat cap: No party-list organization is entitled to more than three seats in the House of Representatives. This provision aims to prevent any one organization from dominating the party-list representation.

4. Second-round allocation (Banat v. COMELEC): The Banat v. COMELEC (G.R. No. 179271, 2009) ruling provided clarity on the allocation of party-list seats:

   • Party-list groups that do not meet the 2% threshold are still eligible to be assigned seats under the second round of allocation to ensure that the 20% requirement for party-list representation is met.
   • The formula ensures a more proportional representation system by redistributing seats to groups that may not have met the 2% threshold but still garnered a significant number of votes.

3. Qualifications of Party-List Representatives

Party-list representatives in the House of Representatives must meet the following general requirements:

• Must be a natural-born citizen of the Philippines.
• At least 25 years of age on the day of the election.
• Able to read and write.
• A registered voter.
• A resident of the Philippines for at least one year before the election.

4. Key Supreme Court Decisions

Several key Supreme Court rulings have shaped the interpretation and application of the Party-List System:

a. Ang Bagong Bayani v. COMELEC (G.R. No. 147589, 2001):

This landmark case emphasized that the party-list system is reserved for marginalized and underrepresented sectors. It prohibits the participation of traditional political parties or those not representing marginalized sectors unless they can demonstrate that they advocate for or represent these groups.

b. Atong Paglaum v. COMELEC (G.R. No. 203766, 2013):

In this case, the Supreme Court redefined the rules on who can participate in the party-list system. It allowed national, regional, and sectoral parties or organizations to run under the party-list system, not necessarily limited to the marginalized sectors. The Court clarified that the Constitution does not limit party-list participation to marginalized sectors, and thus, political parties can run provided they represent the interests of marginalized groups or sectors.

c. Banat v. COMELEC (G.R. No. 179271, 2009):

This ruling clarified the allocation of seats in the House of Representatives for party-list groups. It introduced the two-round system of seat allocation, ensuring that all party-list seats are filled even if the 2% threshold is not met by all the participating groups.

5. Challenges and Criticisms of the Party-List System

• Politicization: One of the main criticisms of the party-list system is the alleged participation of elite political clans or powerful political figures, who either use the party-list system as a backdoor to gain more seats in Congress or as a means to expand political influence.

• Non-representative groups: There have been instances where party-list groups that claim to represent marginalized sectors are seen as fronts for political dynasties or traditional political parties. The system has been accused of being co-opted by interest groups that do not genuinely represent the sectors they claim to.

• Dilution of marginalized representation: Some argue that the inclusion of traditional political parties and non-marginalized groups in the party-list system dilutes its original intention of representing marginalized sectors.

6. Reforms Proposed

To address these challenges, various reforms have been proposed, including:

• Stricter vetting of party-list groups and nominees to ensure that they genuinely represent marginalized sectors.
• Revisiting the 2% threshold to allow more equitable distribution of seats to smaller party-list groups.
• Strengthening COMELEC's powers to disqualify groups that are obviously not aligned with the intent of the Party-List System.

7. Party-List in the Broader Context of the Legislative Department

The party-list representatives form part of the broader framework of bicameralism in the Philippines. As part of the lower house, they participate in legislative functions, including the passage of laws, budget appropriations, and the exercise of legislative oversight. They also serve as spokespersons for the sectors they represent, ensuring that the voices of the marginalized are considered in national policy-making.

Conclusion

The Party-List System is a vital part of the House of Representatives, meant to provide proportional representation and amplify the voices of marginalized sectors. However, its implementation has faced legal, political, and practical challenges. The key to its success lies in continued reform and proper enforcement to prevent abuses while ensuring that it fulfills its constitutional mandate.

District Representatives and Questions of Apportionment | House of Representatives | Chambers of Congress; Composition; Qualifications | LEGISLATIVE DEPARTMENT

House of Representatives: District Representatives and Questions of Apportionment

1. District Representatives:

The House of Representatives is one of the two chambers of the Congress of the Philippines, and it consists of district representatives and party-list representatives. The primary function of the House of Representatives is to enact laws. The Philippine Constitution, specifically in Article VI, Section 5, outlines the structure, qualifications, and apportionment of the House of Representatives.

Composition of the House of Representatives:

• The House of Representatives is composed of members elected from legislative districts across the country and party-list representatives.
• Legislative districts are created based on geographical, population, and administrative considerations.
• Party-list representatives are elected to represent marginalized and underrepresented sectors of society.

District Representatives:

• District representatives are elected by voters from legislative districts. Each district elects one representative.
• The district representative serves a term of three years, with a limit of three consecutive terms.
• The qualifications for a district representative are provided in Article VI, Section 6 of the 1987 Constitution, and they include:
  • A natural-born citizen of the Philippines.
  • At least 25 years of age on the day of the election.
  • Able to read and write.
  • A registered voter in the district in which the candidate is running.
  • A resident of the legislative district for not less than one year immediately preceding the election.

2. Apportionment of Legislative Districts:

Apportionment is the division or allocation of legislative districts based on specific criteria, such as population size, geography, and administrative convenience. The apportionment process determines the number of districts and their boundaries, which in turn affects the number of district representatives in the House.

Constitutional Basis for Apportionment:

• Article VI, Section 5 (1) of the 1987 Constitution provides that the House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law.
• Article VI, Section 5 (3) provides that Congress shall make a reapportionment of legislative districts within three years following the return of every census.

Criteria for Apportionment:

• Population Size: The primary basis for creating legislative districts is the population size. The Constitution mandates that each legislative district shall have approximately equal numbers of inhabitants, ensuring that representation in the House of Representatives is proportionate to population distribution. This principle is often referred to as the "one-person, one-vote" rule, which aims to avoid malapportionment.
• Territorial Integrity: The Constitution also emphasizes that the legislative districts must respect the integrity of existing political subdivisions, such as provinces, cities, and municipalities. A district should be contiguous, compact, and adjacent, adhering to natural geographic boundaries and administrative divisions.
• Practicability and Administrative Convenience: In apportioning districts, Congress may also consider administrative convenience and the need for practicability in governance. However, population remains the overriding criterion.

Key Constitutional Provisions:

• Equal Representation: The Constitution seeks to achieve equal representation by requiring that legislative districts have a relatively uniform population size. This principle aims to ensure that all Filipinos are equally represented in the House of Representatives, regardless of their geographical location.
• Apportionment After Census: Congress is mandated to undertake reapportionment following the return of every national census, which occurs every ten years. This ensures that representation remains proportionate to population shifts and demographic changes. However, reapportionment is often delayed due to political considerations or legislative inaction.

3. Issues and Challenges in Apportionment:

Gerrymandering:

• Gerrymandering refers to the manipulation of legislative district boundaries to favor a particular political party or candidate. This practice undermines the principle of equal representation and often leads to disproportionate influence for certain regions or political groups.
• In the Philippines, there have been instances of gerrymandering, particularly in cases where new legislative districts are created for political convenience rather than based on population size. This is a contentious issue, as it compromises the democratic process by giving certain regions or politicians an unfair advantage.

Malapportionment:

• Malapportionment occurs when legislative districts have unequal population sizes, leading to an imbalance in representation. Districts with smaller populations may have disproportionately higher representation in the House, while more populous districts may be underrepresented.
• Malapportionment can occur due to delays in reapportionment, failure to account for rapid population growth in certain areas, or political considerations that prevent the proper realignment of district boundaries.

Delayed Reapportionment:

• One of the major issues in apportionment is the delay in reapportionment. Although the Constitution mandates reapportionment after every census, Congress has often failed to promptly adjust district boundaries. This has led to outdated districts that do not accurately reflect current population distribution.
• Delayed reapportionment results in malapportionment, which weakens the representational integrity of the House of Representatives.

Apportionment and Creation of New Legislative Districts:

• Congress has the authority to create new legislative districts, especially in areas that experience significant population growth or changes in administrative status (e.g., cities that are converted from municipalities).
• The creation of new districts is governed by Republic Act No. 7160 (Local Government Code) and relevant laws that ensure administrative feasibility, population size, and political considerations.
• The creation of new districts should follow the constitutional mandate for equal representation and respect for political subdivisions.

4. Judicial Review of Apportionment:

The Supreme Court of the Philippines has the power to review the constitutionality of apportionment laws and the creation of legislative districts. Judicial review ensures that apportionment adheres to the principles of equal representation, population size, and territorial integrity.

Relevant Cases:

• Mariano vs. COMELEC (G.R. No. 118577, 1995): In this case, the Supreme Court ruled on the creation of new legislative districts, emphasizing the need for compliance with the constitutional mandate on population size and political subdivision integrity.
• Bagabuyo vs. COMELEC (G.R. No. 176970, 2007): This case involved the constitutionality of the creation of a new legislative district. The Supreme Court ruled that the creation of legislative districts must conform to the requirements of equal representation and respect for political subdivisions.

5. Conclusion:

The apportionment of legislative districts in the House of Representatives plays a critical role in ensuring democratic representation in the Philippines. The Constitution provides clear guidelines for the apportionment process, emphasizing equal representation, population size, and territorial integrity. However, issues such as gerrymandering, malapportionment, and delayed reapportionment remain challenges that must be addressed to ensure the integrity of the legislative process. Judicial review serves as a check on the apportionment process, ensuring compliance with constitutional standards. Ultimately, proper apportionment is essential for a functioning democracy that fairly represents the interests of all citizens.