Law Summary
Definitions and Types of Parties
- Party-list system includes national, regional, sectoral parties, or coalitions registered with COMELEC.
- Political party: organized group with ideology and candidates; national or regional based on constituency.
- Sectoral party: focused on special interests of certain sectors such as labor, peasant, women, youth, etc.
- Coalition: group of parties/organizations united for political/election purposes.
Participation and Registration
- Registered parties need only file a manifestation to participate 90 days before elections.
- New parties/organizations may register by petition to COMELEC with necessary documents and platforms.
- COMELEC must publish petitions and resolve within specified timeline before elections.
Grounds for Refusal or Cancellation of Registration
- Religious sects, advocacy of violence, foreign organizations, or those receiving foreign support.
- Non-compliance with election laws, untruthful statements, inactivity, or failure to gain minimum votes.
Certified List of Parties and Nomination Process
- COMELEC prepares and posts a certified list of qualified parties 60 days before elections.
- Parties must submit a list of nominees 45 days before elections.
- Nominees must consent in writing; substitutions allowed only for death, withdrawal, incapacitation.
- Incumbent sectoral representatives nominating are not considered resigned.
Qualifications of Nominees
- Must be natural-born Filipinos, registered voters, residents for at least one year, literate, bona fide members for 90 days, and at least 25 years old.
- Youth sector nominees must be 25 to 30 years old; allowed to serve full term if age limit reached during term.
Voting Mechanism and Election Thresholds
- Voters have two votes: one for district representative and one for party-list.
- Votes for parties not entitled are discarded.
- Party-list representatives constitute 20% of total House members.
- Certain major parties excluded from participation in first party-list election.
- Seats allocated based on party votes: parties with at least 2% get one seat, additional seats proportionate to votes, capped at three.
Seat Allocation and Proclamation
- COMELEC tallies nationwide votes and ranks parties.
- Seats allocated proportionately based on percentage of votes.
- Representative proclaimed based on party-submitted nominee list.
Term and Restrictions
- Three-year term starting June 30 after election.
- Maximum of three consecutive terms.
- Voluntary renunciation does not interrupt term.
Change of Affiliation and Vacancies
- Changing party/sectoral affiliation during term causes forfeiture of seat.
- Changes within 6 months before election bar nomination under new party.
- Vacancies filled by next nominee in party list; parties submit new nominees if list exhausted.
Rights and Compensation
- Party-list representatives receive same salaries and benefits as regular members.
COMELEC Rules and Appropriations
- COMELEC empowered to promulgate rules to implement the Act.
- Funding included in COMELEC’s regular appropriations from 1996; savings used for information campaigns.
Legal Provisions
- Separability clause maintains validity of remaining provisions if any part invalidated.
- Repeals conflicting laws and orders.
- Act effective 15 days after publication.