III.
PARTY-LIST SYSTEM
A. Registration and Accreditation
1. To join electoral contests, a party or organization must undergo the two-step process of
registration and accreditation, Registration is the act that bestows juridical personality for
purposes of our election laws; accreditation, on the other hand, relates to the privileged
participation that our election laws grant to qualified registered parties. Accreditation can
only be granted to a registered political party, organization or coalition; stated otherwise,
a registration must first take place before a request for accreditation can be made. Once
registration has been carried out, accreditation is the next natural step to follow
(Magdalo Para sa Pagbabago v. COMELEC, G.R. No. 190793, 12 June 2012).
2. In determining who may participate in party-list elections, the COMELEC shall adhere to
the following parameters:
a. Three different groups may participate in the party-list system: (1) national parties or
organizations, (2) regional parties or organizations, and (3) sectoral parties or
organizations.
b. National parties or organizations and regional parties or organizations do not need to
organize along sectoral lines and do not need to represent any "marginalized and
underrepresented" sector.
c. Political parties can participate in party-list elections provided they register under the
party-list system and do not field candidates in legislative district elections. A political
party, whether major or not, that fields candidates in legislative district elections can
participate in party-list elections only through its sectoral wing that can separately
register under the party-list system. The sectoral wing is by itself 16 an independent
sectoral party, and is linked to a political party through a coalition.
d. Sectoral parties or organizations may either be "marginalized and underrepresented"
or lacking in "well-defined political constituencies." It is enough that their principal
advocacy pertains to the special interest and concerns of their sector. The sectors
that are "marginalized and underrepresented" include labor, peasant, fisherfolk,
urban poor, indigenous cultural communities, handicapped, veterans, and overseas
workers. The sectors that lack "well-defined political constituencies" include
professionals, the elderly, women, and the youth.
e. A majority of the members of sectoral parties or organizations that represent the
"marginalized and underrepresented" must belong to the "marginalized and
underrepresented" sector they represent. Similarly, a majority of the members of
sectoral parties or organizations that lack "well-defined political constituencies" must
belong to the sector they represent. The nominees of sectoral parties or
organizations that represent the "marginalized and underrepresented," or that
represent those who lack "well-defined political constituencies," either must belong to
their respective sectors, or must have a track record of advocacy for their respective
sectors. The nominees of national and regional parties or organizations must be
bona-fide members of such parties or organizations.
f. National, regional, and sectoral parties or organizations shall not be disqualified if
some of their nominees are disqualified, provided that they have at least one
nominee who remains qualified (Atong Paglaum, Inc. v. COMELEC, GR No. 203766,
2 April 2013).
3. The enumeration of marginalized and under-represented sectors is not exclusive. The
crucial element is not whether a sector is specifically enumerated, but whether a
particular organization complies with the requirements of the Constitution and RA 7941.
From the standpoint of the political process, the lesbian, gay, bisexual, and transgender
have the same interest in participating in the party-list system on the same basis as
other political parties similarly situated. State intrusion in this case is equally
burdensome. Hence, laws of general application should apply with equal force to
LGBTs, and they deserve to participate in the party-list system on the same basis as
other marginalized and under-represented sectors (Ang Ladlad LGBT Party v.
COMELEC, G.R. No. 190582, April 8, 2010).
4. Sectoral parties or organizations are no longer required to adduce evidence showing
their track record, i.e. proof of activities that they have undertaken to further the cause of
the sector they represent. It is enough that their principal advocacy pertains to the
special interest and concerns of their sector. Otherwise stated, it is sufficient that the
ideals represented by the sectoral organizations are geared towards the cause of the
sector/s, which they represent. If at all, evidence showing a track record in representing
the marginalized and underrepresented sectors is only required from nominees of
sectoral parties or organizations that represent the marginalized and underrepresented
who do not factually belong to the sector represented by their party or organization
(Abang-Lingkod Party List v. COMELEC, G.R. No. 206952, 22 October 2013).
C. Number of Seats
1. The number of party-list seats is determined using this formula: number of district
representatives/0.80 x 0.20. No rounding off is allowed. Parties other than the first party
(i.e., the party that obtained the highest number of votes based on plurality) may be
entitled to additional seats based on the following formula: number of votes of that party/
number of votes of first party x number of seats of first party (Veterans Federation Party
v. COMELEC, G.R. No. 164702, 15 March 2006).
2. The three-seat cap provided prevents the mandatory allocation of all available seats.
The filling up of all available party list seats thus is not mandatory and is subject to the
number of participants in the party list election. The fixed 2% vote requirement is no long
viable due to the increases in both party list allotment and the creation of additional
legislative districts. The 2% vote requirement cannot be given effect as the 20% of party
list seats in the membership of the House of Representatives as provided in the
constitution would be mathematically impossible to fill up (Banat v. COMELEC, G.R. No
179271, 8 July 2009).
3. Party-list groups garnering less than 2% of the party-list votes may yet qualify for a seat
in the allocation of additional seats depending on their ranking in the second round. The
continued operation of the two-percent threshold was deemed "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.’ and has been declared unconstitutional. The 20% share
in representation may never be filled up if the 2% threshold is maintained. In the same
vein, the maximum representation will not be achieved if those party-list groups
obtaining less than onepercentage are disqualified from even one additional seat in the
second round. (Aksyon Magsasaka-Partido Tinig ng Masa (AKMA-PTM) v. COMELEC,
G.R. No. 207134, June 16, 2015)
e. Proclamation
I. An incomplete canvass cannot be the basis of a valid proclamation. (Samad v.
COMELEC, 224 SCRA 631; Castromayor v. COMELEC, 250 SCRA 298; Loong
v. COMELEC, 257 SCRA 1; Jamil v. COMELEC, 283 SCRA 349; Immam v.
COMELEC, 322 SCRA 866; Alauya v. COMELEC, 395 SCRA 742; Lorenzo v.
COMELEC, 418 SCRA 448; Sales v. COMELEC, 425 SCRA 735).
II. If the questioned election returns will not affect the result of the election, a
proclamation may be made upon order of COMELEC after notice and hearing.
(Sec. 238, Omnibus Election Code; Barbers v. COMELEC, 460 SCRA 569).
III. COMELEC is authorized by law to proclaim winning candidates if the remaining
uncanvassed election returns will not affect the result of the elections. (Aksyon
Magsasaka-Partido Tinig ng Masa (AKMA-PTM) v. COMELEC, G.R. No.
207134, June 16, 2015)
