QuestionsQuestions (Republic Act No. 7941)
RA 7941 is the “Party-List System Act.” It provides for the election of party-list representatives through a party-list system and appropriates funds for implementing the law.
The State promotes proportional representation in the House through registered party-list parties/organizations/coalitions so marginalized and underrepresented citizens, who lack well-defined political constituencies, may be represented and help formulate legislation. It also aims to guarantee a full, free and open party system and a simplest scheme possible.
It is a mechanism of proportional representation for electing representatives to the House from national, regional and sectoral parties/organizations/coalitions registered with COMELEC.
They may participate independently, provided the coalition of which they form part does not participate in the party-list system.
A national party has constituency spread over at least a majority of the regions; a regional party has constituency spread over at least a majority of the cities and provinces comprising the region.
Labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.
No. It need not register anew, but it must file with COMELEC, not later than 90 days before the election, a manifestation of its desire to participate.
It must file with COMELEC not later than 90 days before the election a verified petition (by president/secretary) stating its desire to participate, attaching its constitution/by-laws/platform or program of government/list of officers/coalition agreement and other information COMELEC may require. COMELEC publishes the petition in at least two national newspapers.
After due notice and hearing, COMELEC must resolve within 15 days from submission for decision, but in no case later than 60 days before election.
Among others: (1) religious sect/denomination organized for religious purposes; (2) advocates violence/unlawful means; (3) foreign party/organization; (4) receiving support from foreign government/party/foundation/org for partisan election purposes; (5) violates/fails to comply with election laws/rules; (6) declares untruthful statements in petition; (7) ceased to exist for at least 1 year; (8) failed to participate in last two elections or failed to obtain at least 2% of party-list votes in the two preceding elections for its registered constituency.
COMELEC prepares and distributes a certified list of parties/organizations/coalitions not later than 60 days before election for posting in polling places; the names of the party-list nominees shall not be shown on the certified list.
Each registered party/organization/coalition must submit to COMELEC not later than 45 days before the election a list of names—at least five (5)—from which party-list representatives will be chosen if it obtains the required votes.
A person may be nominated in one list only; only those who consent in writing may be named; the list shall not include any candidate for any elective office or a person who lost his bid for an elective office in the immediately preceding election; changes in names/order after submission are generally not allowed except for death, written withdrawal, or incapacitation (replacement placed last).
Nominee must be a natural-born citizen, registered voter, resident for at least 1 year immediately before election, able to read and write, bona fide member of the party/organization for at least 90 days before election, and at least 25 years old on election day. For youth sector: must be 25 but not more than 30; if the youth nominee attains 30 during his term, he may continue until the term ends.
Each voter has two votes: (1) for a district representative; (2) for a party/organization/coalition in the party-list system. A party-list vote cast for an entity not entitled to be voted for is not counted.