Law Summary
Definitions
- Party-list system: Proportional representation election for representatives from registered national, regional, sectoral parties/organizations or coalitions.
- Party: Can be a political party, sectoral party, or coalition.
- Political party: Organized group advocating ideology/policies; national or regional based on geographical spread.
- Sectoral party: Group advocating special interests of enumerated sectors (labor, peasants, youth, etc.).
- Sectoral organization: Groups sharing physical traits, employment, interests, or concerns.
- Coalition: Aggregation of registered parties/organizations for political or election purposes.
Participation and Registration Process
- Registered parties/organizations/coalitions must file a manifestation of participation 90 days before elections.
- New groups can register as party-list participants by filing a petition with constitution, by-laws, platform, list of officers, and other required documents 90 days before elections.
- Specified sectors include labor, peasants, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, professionals.
- COMELEC publishes petitions and resolves within 15 days or by 60 days before elections.
Grounds for Refusal or Cancellation of Registration
- Religious sects or organizations for religious purposes.
- Advocates violence or unlawful means.
- Foreign parties or organizations.
- Receiving foreign support for election purposes.
- Violates election laws or regulations.
- False statements in registration petition.
- Ceased to exist for one year.
- Failure to participate or meet 2% vote threshold in two preceding elections.
Certified Party List and Nomination Procedures
- COMELEC issues certified list of parties 60 days before election; nominees’ names are excluded.
- Parties submit a minimum of five nominees 45 days prior; nominees must give written consent and meet eligibility.
- Nominees cannot run for other elective offices concurrently or have lost an immediate past election bid.
- Changes to list allowed only for death, withdrawal, or incapacitation with substitution.
Qualifications of Party-List Nominees
- Natural-born Filipino citizen, registered voter, resident of the Philippines for one year before election.
- Must be literate and a bona fide member of the party for at least 90 days.
- At least 25 years old; youth sector nominees must be between 25 and 30 years old.
- Youth sector representatives may complete term if reaching age 30 during service.
Voting System
- Each voter has two votes: one for district representative, one for party-list.
- Votes for ineligible parties/coalitions are invalid.
- First party-list election scheduled for May 1998.
- COMELEC to conduct voter education campaigns on the system.
Allocation and Number of Party-List Seats
- Party-list representatives comprise 20% of the House membership.
- For 1998, top five existing major political parties excluded from party-list participation.
- Seats allocated by ranking parties based on nationwide votes.
- Parties with at least 2% of votes get one seat; more seats allotted proportionally, max three seats per party.
Seat Allocation Procedure
- COMELEC tallies votes nationwide, ranks parties, and allocates seats proportionally.
Proclamation and Term of Office
- Representatives proclaimed per submitted nominee lists according to rank.
- Term is three years starting June 30 following election.
- Maximum of three consecutive terms.
- Voluntary resignation does not interrupt term continuity.
Party-List Representative Conduct and Vacancy
- Changing party or sector affiliation during term results in forfeiture of seat.
- Changing affiliation within six months before election bars nomination under new party.
- Vacancies filled by next nominee on party list; if exhausted, party submits new nominees.
Rights and Compensation
- Party-list representatives receive same salaries and benefits as regular House members.
Administrative Provisions
- COMELEC tasked to promulgate implementing rules and regulations.
- Budget provided through regular appropriations; COMELEC authorized to use savings for information campaigns.
Legal Provisions
- Separability clause ensures remaining provisions remain valid if part is invalidated.
- Repealing clause annuls laws inconsistent with this Act.
- Act effective 15 days after publication.