Silliman University College of Law POLITICAL LAW Party List QnA EVSA Bar OPS !!

!! "en P#E$WEE% SE#IES via veritas vita page 1 of 3 AQ& W'at are t'e fo(r )*+ inviola,le -arameters to "etermine t'e winners in a P'ili--ine$style -arty$list ele.tion/ A& 1. T'e twenty ) !0+ -er.ent allo.ation the combined number of all partylist congressmen shall not exceed twenty percent of the total membership of the House of Representatives, including those elected under the Party list. . T'e two ) 0+ -er.ent t'res'ol" only those garnering a minimum of two percent of the total valid votes cast for the party list system are !"ualified# to have a seat in the House of Representatives. 3. T'e t'ree seat limit each "ualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of three seats$ that is, one "ualifying and two additional seats. %. Pro-ortional re-resentation the additional seats which a "ualified party is entitled to shall be computed in proportion to their total number of votes. &'eterans (ederation Party vs. )*+,-,), .../ AQ& Is t'e !0 allo.ation for -arty$list re-resentatives (n"er Se.1 2) + Art1 VI of t'e Constit(tion man"atory or is it a mere .eiling/ In ot'er wor"s3 s'o(l" t'e !0 allo.ation for -arty$list solons ,e fille" (- .om-letely an" at all times/ E4-lain1 A0 1o. 2t is not mandatory but merely provides a ceiling for party-list seats in )ongress. 3he )onstitution provides that the party-list representatives shall constitute .4 of the total number of representatives including those under the party-list. 2t merely ma5es the number of district representatives the determinant in arriving at the number of seats allocated for Party-list lawma5ers. 2t does not re"uire that the .4 by fully filled up as the law merely allows those who are "ualified by obtaining the threshold vote of 4 of the votes cast for the party-list to have a seat in the lower House. 2f no one is "ualified, then, no one would be proclaimed elected under the party-list system of election. AQ& W'at .o(l" ,e t'e intention of Congress in im-osing t'e 0 t'res'ol" vote/ E4-lain1 A0 2n imposing the 4 threshold vote, )ongress wanted to ensure that only those parties, organi6ations and coalitions having a significant representation are actually represented in )ongress, otherwise some people might go to the )ongress through the bac5door. 2t is intended to prevent the proliferation of small party groups form entering )ongress where they cannot contribute to legislation. 3he two percent & 4/ threshold vote is consistent not only with the intent of the (ramers of the )onstitution and the law, but with the very essence of !representation.# 7nder a republican or representative state, all government authority emanates from the people, but is exercised by representatives chosen by them. 8ut to have meaningful representation, the elected persons must have the mandate of a sufficient number of people. *therwise, in a legislature that features the party-list system, the result might be the proliferation of small groups, which are incapable of contributing significant legislation, and which might even pose a threat to the stability of )ongress. 3hus, even legislative districts are apportioned according to !the number of their respective inhabitants, and on the basis of a uniform and progressive ratio# to ensure meaningful local representation. &decision/ AQ& W'at is t'e -(r-ose of t'e 5$seat limit (n"er t'e -arty$list law/ A0 3he 3-seat limit ensures the entry of various interest-representatives into the legislature, thus no single group, no matter how large its membership, would dominate the party-list seats, if not the entire House. AQ& State t'e manner of allo.ating t'e mem,er of -arty$list seats to 6(alifie" -arties3 organi7ations an" .oalitions1

Silliman University College of Law POLITICAL LAW Party List QnA EVSA Bar OPS !! "en P#E$WEE% SE#IES via veritas vita page of 3 A0 2n allocating the seats, the parties are ran5ed according to the votes they each obtained. 3he percentage of their respective votes as against the total number of votes cast for the party-list system is then determined. 9ll those who gathered at least 4 of the total votes cast have an assured or guaranteed seat in the House of Representatives. 3hereafter, those garnering more than 4 of the votes shall be entitled to additional seats in proportion to their total number of votes. AQ& W'at is t'e 8iemeyer 9orm(la in allo.ating seats in t'e -arty$list system of ele.tion/ E4-lain1 A0 2t is a formula in the apportionment of seats of party-list representatives in the :erman Parliament one-half of which is filled up by party-list members. 3here is no limitation as to seats because the :erman law discourages the proliferation of small parties. 2n contrast, R9 ;<%1 imposes the 3-seat limit to encourage the promotion of the multi-party system. 3his ma=or difference ma5es the 1iemeyer (ormula inapplicable in the Philippines. Ang Bagong Bayani O9W vs1 CO:ELEC P(r-ose of t'e Party$list System of Ele.tion1 - to give opportunity for representation of marginali6ed and unrepresented to have an active part in the mainstream of representative democracy. - 9 social =ustice tool - 3o allow big political parties to participate would desecrate the lofty ob=ectives of the social =ustice mechanism into atrocious venue for traditional politics. ;(i"elines - the system is not open to all - otherwise, it would wea5en the marginali6ed and unrepresented - it would aggravate their marginali6ation 1/ the party must represent the marginali6ed and unrepresented ma=ority of its members must belong to the marginali6ed and unrepresented in case of conflict of interest, the representative must choose the interest of the sector of the marginali6ed and unrepresented / even if ma=or political parties are allowed, they must represent the interest of unrepresented and marginali6ed. 3/ Religious sectors are 1*3 allowed to be represented in the party-list )onstitution prohibits registration of religious denominations and sects 9 priest )91 run under the system but not religious sects as party %/ 3he party must not be dis"ualified >ho are dis"ualified? a/ religious sects b/ advocates of violence c/ foreign party d/ those receiving support form foreigners e/ those who violate and not comply with the law f/ declare untruthful statements g/ cease to exist for one year h/ fails to participate in the last elections or fails to obtain 4 for consecutive times @/ Party must not be an ad=unct or pro=ect organi6ation or entity funded by the Atate or government Participation of government employees is unfair and illegal B/ 1ominee must also comply with the laws ;/ )andidates party must represent marginali6ed and unrepresented 1ominee must also represent such marginali6ed and unrepresented Retiree cannot represent the youth

Silliman University College of Law POLITICAL LAW Party List QnA EVSA Bar OPS !! "en P#E$WEE% SE#IES via veritas vita page 3 of 3 7rban poor cannot be represented by an industrialist C/ 1ominee must be able to contribute to the formulation and enactment of appropriate legislation for the whole country.
The ladder of success doesnt care who climbs it. 9ran< Tyger It is not enough to aim, you must hit. Italian Prover,