Case Summary (G.R. No. L-4948)
NBC Proceedings and Resolutions
– NBC Resolution No. 07-60 (9 July 2007): Partial proclamation of 13 parties each securing at least 2 percent of projected party-list votes; additional seats to be determined under the Veterans formula upon completion of canvass.
– NBC Resolution No. 07-72: Allocation of additional seats under the Veterans formula.
– NBC Resolution No. 07-88 (3 August 2007): Denial of BANAT’s petition as moot and academic.
Issues Presented
- Whether the 20 percent party-list allocation in the Constitution is mandatory or a ceiling.
- Whether the three-seat limit under RA 7941 § 11(b) is constitutional.
- Whether the 2 percent threshold under RA 7941 § 11(b) is constitutional.
- Proper formula for allocating party-list seats.
- Whether major political parties may participate in party-list elections.
Constitutional and Statutory Framework
– 1987 Constitution, Art. VI § 5(2): “Party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party-list.”
– RA 7941 § 11(b): Parties obtaining ≥ 2 percent of party-list votes are entitled to one seat; those garnering > 2 percent get additional seats “in proportion to their total number of votes,” but no more than three seats.
– RA 7941 § 12: Nationwide tally and proportional allocation of party-list seats based on percentage of total party-list votes.
– Veterans Federation Party v. COMELEC: Established formulas for computing total party-list seats (districts × .20/.80) and additional seats (First Party Rule and proportional formula relative to first party’s votes).
Supreme Court’s Analysis on Seat Allocation
- The constitutional ratio (.20/.80) remains valid: with 220 district seats, party-list seats total 55.
- Congress through RA 7941 imposed a 2 percent threshold and three-seat cap; however, the Veterans formula misreads “proportional representation” by fixing additional seats relative to the first party’s votes.
- Section 12 of RA 7941 mandates that additional seats be allotted in proportion to each party’s share of total party-list votes.
Unconstitutionality of the Two Percent Threshold
The Court ruled that applying the 2 percent threshold to additional seats is unconstitutional. When available party-list seats exceed 50, the rigid 2 percent cut-off mathematically prevents all seats from being filled, frustrating the constitutional 20 percent ceiling. Accordingly, the threshold remains only for the one guaranteed seat per two-percenter, but is removed for further seat distribution.
Revised Formula for Additional Seats
- Rank all parties by votes received.
- Allocate one guaranteed seat to each party with ≥ 2 percent of total party-list votes.
- Compute remaining seats (55 total minus guaranteed seats).
- Multiply each party’s vote percentage by remaining seats; assign whole-number seats accordingly.
- Distribute any leftover seats in descending order of fractional remainders.
- Apply the three-seat cap per party.
Using this method, 55 seats are fully allocated among 36 parties.
Participation of Major Po
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Procedural History
- Two consolidated petitions: G.R. No. 179271 (BANAT) and G.R. No. 179295 (Bayan Muna, A Teacher, Abono).
- G.R. No. 179271: BANAT filed a petition for certiorari and mandamus under Rule 65 assailing NBC Resolution No. 07-88 (3 August 2007) which denied its Petition to Proclaim the Full Number of Party-List Representatives as moot.
- G.R. No. 179295: Bayan Muna, A Teacher and Abono filed a petition for certiorari with mandamus and prohibition under Rule 65 assailing NBC Resolution No. 07-60 (9 July 2007) on the partial proclamation of party-list winners and the use of the “First-Party Rule.”
- Intervenors in G.R. No. 179271: Arts Business and Science Professionals (ABS), Aangat Tayo (AT), Coalition of Senior Citizens.
- Intervenor in both cases: Estrella DL Santos (Veterans Freedom Party nominee).
- COMELEC initially promulgated:
• NBC Res. 07-60 (9 July 2007) – partial proclamation of 13 parties obtaining ≥2% votes;
• NBC Res. 07-72 – allocation of additional seats via the Veterans formula;
• NBC Res. 07-88 (3 Aug 2007) – denial of BANAT petition as moot. - Petitioners moved for reconsideration; denied by NBC.
- Supreme Court oral arguments held 22 April 2008; decision promulgated 21 April 2009.
Facts
- 14 May 2007 elections: 15,950,900 votes cast for 93 party-list parties.
- BANAT’s petition (docketed NBC No. 07-041 (PL) on 27 June 2007) sought proclamation of the full constitutional allotment (20%) of party-list seats and harmonization of RA 7941’s 2% threshold with Art. VI, Sec. 5(2) of the Constitution.
- NBC Res. 07-60 set the 2% threshold at 334,462 votes based on a projected maximum of 16,723,121 votes, proclaimed 13 parties as entitled to one guaranteed seat each.
- NBC Res. 07-72 applied the Veterans formula to distribute additional seats among those 13 parties.
- BANAT’s petition to NBC was denied as moot in NBC Res. 07-88.
- COMELEC later proclaimed AGAP, AMIN and An Waray as additional qualifiers; deferred BATAS due to pending disqualification case.
- Certification as of 19 May 2008 showed 15 party-list organizations with final seat counts from 1 to 3 seats each.
Issues
Under G.R. No. 179271 (BANAT):
- Is the 20% allocation of party-list representatives under Art. VI, Sec. 5(2) mandatory or only a ceiling?
- Is the three-seat limit under Sec. 11(b) of RA 7941 constitutional?
- Is the 2% threshold and “qualifier” vote under Sec. 11(b) constitutional?
- What is the proper method for allocating party-list seats?
Under G.R. No. 179295 (Bayan Muna, A Teacher, Abono):
- Did th