REPUBLIC ACT No.

7941

AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR

Sec !o" 1. Title. This Act shall be known as the "Party-List System Act." Sec !o" #. Declaration of part y. The State shall promote proportional representation in the election of representatives to the House of epresentatives throu!h a party-list system of re!istere" national# re!ional an" sectoral parties or or!ani$ations or coalitions thereof# which will enable %ilipino citi$ens belon!in! to mar!inali$e" an" un"er-represente" sectors# or!ani$ations an" parties# an" who lack well-"efine" political constituencies but who coul" contribute to the formulation an" enactment of appropriate le!islation that will benefit the nation as a whole# to become members of the House of epresentatives. Towar"s this en"# the State shall "evelop an" !uarantee a full# free an" open party system in or"er to attain the broa"cast possible representation of party# sectoral or !roup interests in the House of epresentatives by enhancin! their chances to compete for an" win seats in the le!islature# an" shall provi"e the simplest scheme possible. Sec !o" $. Definition of Terms. &a' The party-list system is a mechanism of proportional representation in the election of representatives to the House of epresentatives from national# re!ional an" sectoral parties or or!ani$ations or coalitions thereof re!istere" with the (ommission on )lections &(*+)L)('. (omponent parties or or!ani$ations of a coalition may participate in"epen"ently

provi"e" the coalition of which they form part "oes not participate in the party-list system. &b' A party means either a political party or a sectoral party or a coalition of parties. &c' A political party refers to an or!ani$e" !roup of citi$ens a"vocatin! an i"eolo!y or platform# principles an" policies for the !eneral con"uct of !overnment an" which# as the most imme"iate means of securin! their a"option# re!ularly nominates an" supports certain of its lea"ers an" members as can"i"ates for public office. ,t is a national party when its constituency is sprea" over the !eo!raphical territory of at least a ma-ority of the re!ions. ,t is a re!ional party when its constituency is sprea" over the !eo!raphical territory of at least a ma-ority of the cities an" provinces comprisin! the re!ion. &"' A sectoral party refers to an or!ani$e" !roup of citi$ens belon!in! to any of the sectors enumerate" in Section . hereof whose principal a"vocacy pertains to the special interest an" concerns of their sector# &e' A sectoral or!ani$ation refers to a !roup of citi$ens or a coalition of !roups of citi$ens who share similar physical attributes or characteristics# employment# interests or concerns. &f' A coalition refers to an a!!rupation of "uly re!istere" national# re!ional# sectoral parties or or!ani$ations for political an"/or election purposes. Sec !o" 4. +anifestation to Participate in the Party-List System. Any party# or!ani$ation# or coalition alrea"y re!istere" with the (ommission nee" not re!ister anew. However# such party# or!ani$ation# or coalition shall file with the (ommission# not later than ninety &01' "ays before the election# a manifestation of its "esire to participate in the party-list system.

Sec !o" %. e!istration. Any or!ani$e" !roup of persons may re!ister as a party# or!ani$ation or coalition for purposes of the party-list system by filin! with the (*+)L)( not later than ninety &01' "ays before the election a petition verifie" by its presi"ent or secretary statin! its "esire to participate in the party-list system as a national# re!ional or sectoral party or or!ani$ation or a coalition of such parties or or!ani$ations# attachin! thereto its constitution# by-laws# platform or pro!ram of !overnment# list of officers# coalition a!reement an" other relevant information as the (*+)L)( may re2uire3 Provi"e"# That the sectors shall inclu"e labor# peasant# fisherfolk# urban poor# in"i!enous cultural communities# el"erly# han"icappe"# women# youth# veterans# overseas workers# an" professionals. The (*+)L)( shall publish the petition in at least two &4' national newspapers of !eneral circulation. The (*+)L)( shall# after "ue notice an" hearin!# resolve the petition within fifteen &5.' "ays from the "ate it was submitte" for "ecision but in no case not later than si6ty &71' "ays before election. Sec !o" &. efusal an"/or (ancellation of e!istration. The (*+)L)( may# motu propio or upon verifie" complaint of any intereste" party# refuse or cancel# after "ue notice an" hearin!# the re!istration of any national# re!ional or sectoral party# or!ani$ation or coalition on any of the followin! !roun"s3 &5' ,t is a reli!ious sect or "enomination# or!ani$ation or association# or!ani$e" for reli!ious purposes8 &4' ,t a"vocates violence or unlawful means to seek its !oal8 &9' ,t is a forei!n party or or!ani$ation8 &:' ,t is receivin! support from any forei!n !overnment# forei!n political party# foun"ation# or!ani$ation# whether "irectly or throu!h any of its officers or members or in"irectly throu!h thir" parties for partisan election purposes8

&.' ,t violates or fails to comply with laws# rules or re!ulations relatin! to elections8 &7' ,t "eclares untruthful statements in its petition8 &;' ,t has cease" to e6ist for at least one &5' year8 or &<' ,t fails to participate in the last two &4' prece"in! elections or fails to obtain at least two per centum &4=' of the votes cast un"er the party-list system in the two &4' prece"in! elections for the constituency in which it has re!istere". Sec !o" 7. (ertifie" List of e!istere" Parties. The (*+)L)( shall# not later than si6ty &71' "ays before election# prepare a certifie" list of national# re!ional# or sectoral parties# or!ani$ations or coalitions which have applie" or who have manifeste" their "esire to participate un"er the party-list system an" "istribute copies thereof to all precincts for postin! in the pollin! places on election "ay. The names of the part y-list nominees shall not be shown on the certifie" list. Sec !o" '. >omination of Party-List epresentatives. )ach re!istere" party# or!ani$ation or coalition shall submit to the (*+)L)( not later than forty-five &:.' "ays before the election a list of names# not less than five &.'# from which party-list representatives shall be chosen in case it obtains the re2uire" number of votes. A person may be nominate" in one &5' list only. *nly persons who have !iven their consent in writin! may be name" in the list. The list shall not inclu"e any can"i"ate for any elective office or a person who has lost his bi" for an elective office in the imme"iately prece"in! election. >o chan!e of names or alteration of the or"er of nominees shall be allowe" after the same shall have been submitte" to the (*+)L)( e6cept in cases where the nominee "ies# or with"raws in writin! his nomination# becomes incapacitate" in which case the name of the substitute nominee shall be place" last in the list. ,ncumbent sectoral representatives in the House of epresentatives who are nominate" in the party-list system shall not be consi"ere" resi!ne".

Sec !o" 9. ?ualifications of Party-List >ominees. >o person shall be nominate" as party-list representative unless he is a natural-born citi$en of the Philippines# a re!istere" voter# a resi"ent of the Philippines for a perio" of not less than one &5'year imme"iately prece"in! the "ay of the election# able to rea" an" write# a bona fi"e member of the party or or!ani$ation which he seeks to represent for at least ninety &01' "ays prece"in! the "ay of the election# an" is at least twenty-five &4.' years of a!e on the "ay of the election. ,n case of a nominee of the youth sector# he must at least be twentyfive &4.' but not more than thirty &91' years of a!e on the "ay of the election. Any youth sectoral representative who attains the a!e of thirty &91' "urin! his term shall be allowe" to continue in office until the e6piration of his term. Sec !o" 1(. +anner of @otin!. )very voter shall be entitle" to two &4' votes3 the first is a vote for can"i"ate for member of the House of epresentatives in his le!islative "istrict# an" the secon"# a vote for the party# or!ani$ations# or coalition he wants represente" in the house of epresentatives3 Provi"e"# That a vote cast for a party# sectoral or!ani$ation# or coalition not entitle" to be vote" for shall not be counte"3 Provi"e"# finally# That the first election un"er the partylist system shall be hel" in +ay 500<. The (*+)L)( shall un"ertake the necessary information campai!n for purposes of e"ucatin! the electorate on the matter of the partylist system. Sec !o" 11. >umber of Party-List epresentatives. The party-list representatives shall constitute twenty per centum &41=' of the total number of the members of the House of epresentatives inclu"in! those un"er the party-list. %or purposes of the +ay 500< elections# the first five &.' ma-or political parties on the basis of party representation in the House of epresentatives at the start of the Tenth (on!ress of the Philippines shall not be entitle" to participate in the party-list system.

,n "eterminin! the allocation of seats for the secon" vote# the followin! proce"ure shall be observe"3 &a' The parties# or!ani$ations# an" coalitions shall be ranke" from the hi!hest to the lowest base" on the number of votes they !arnere" "urin! the elections. &b' The parties# or!ani$ations# an" coalitions receivin! at least two percent &4=' of the total votes cast for the party-list system shall be entitle" to one seat each3 Provi"e"# That those !arnerin! more than two percent &4=' of the votes shall be entitle" to a""itional seats in proportion to their total number of votes 3 Provi"e"# finally# That each party# or!ani$ation# or coalition shall be entitle" to not more than three &9' seats. Sec !o" 1#. Proce"ure in Allocatin! Seats for Party-List epresentatives. The (*+)L)( shall tally all the votes for the parties# or!ani$ations# or coalitions on a nationwi"e basis# rank them accor"in! to the number of votes receive" an" allocate party-list representatives proportionately accor"in! to the percenta!e of votes obtaine" by each party# or!ani$ation# or coalition as a!ainst the total nationwi"e votes cast for the party-list system. Sec !o" 1$. How Party-List epresentatives are (hosen. Party-list representatives shall be proclaime" by the (*+)L)( base" on the list of names submitte" by the respective parties# or!ani$ations# or coalitions to the (*+)L)( accor"in! to their rankin! in sai" list. Sec !o" 14. Term of *ffice. Party-list representatives shall be electe" for a term of three &9' years which shall be!in# unless otherwise provi"e" by law# at noon on the thirtieth "ay of Aune ne6t followin! their election. >o party-list representatives shall serve for more than three &9' consecutive terms. @oluntary renunciation of the office for any len!th of time shall not be consi"ere" as an interruption in the continuity his service for the full term for which he was electe". Sec !o" 1%. (han!e of Affiliation8 )ffect. Any electe" party-list representative who chan!es his political party or sectoral affiliation

"urin! his term of office shall forfeit his seat3 Provi"e"# That if he chan!es his political party or sectoral affiliation within si6 &7' months before an election# he shall not be eli!ible for nomination as party-list representative un"er his new party or or!ani$ation. Sec !o" 1&. @acancy. ,n case of vacancy in the seats reserve" for party-list representatives# the vacancy shall be automatically fille" by the ne6t representative from the list of nominees in the or"er submitte" to the (*+)L)( by the same party# or!ani$ation# or coalition# who shall serve for the une6pire" term. ,f the list is e6hauste"# the party# or!ani$ation coalition concerne" shall submit a""itional nominees. Sec !o" 17. i!hts of Party-List epresentatives. Party-List epresentatives shall be entitle" to the same salaries an" emoluments as re!ular members of the House of epresentatives. Sec !o" 1'. ules an" e!ulations. The (*+)L)( shall promul!ate the necessary rules an" re!ulations as may be necessary to carry out the purposes of this Act. Sec !o" 19. Appropriations. The amount necessary for the implementation of this Act shall be provi"e" in the re!ular appropriations for the (ommission on )lections startin! fiscal year 5007 un"er the Beneral Appropriations Act. Startin! 500.# the (*+)L)( is hereby authori$e" to utili$e savin!s an" other available fun"s for purposes of its information campai!n on the party-list system. Sec !o" #(. Separability (lause. ,f any part of this Act is hel" invali" or unconstitutional# the other parts or provisions thereof shall remain vali" an" effective. Sec !o" #1. epealin! (lause. All laws# "ecrees# e6ecutive or"ers# rules an" re!ulations# or parts thereof# inconsistent with the provisions of this Act are hereby repeale".

Sec !o" ##. )ffectivity. This Act shall take effect fifteen &5.' "ays after its publication in a newspaper of !eneral circulation. Approve"# +arch 9# 500..