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GMA Network
27-05-2025
- Politics
- GMA Network
Comelec seeks amendments to party-list system law
The representatives of 52 party-lists pose for a photo during the proclamation by the Commission on Elections in Manila on Monday, May 19, 2025. In front and center are the three nominees of top vote-getter Akbayan, all of whom will enter the House of Representatives. DANNY PATA The Commission on Elections (Comelec) said Tuesday it is hoping that Republic Act 7941 or the 'Party-List System Act' will be soon amended to clear the computation of available seats to be allotted to party-lists during elections. 'Sabi nga namin, sana dumating na sa punto na magkaroon na ng amendments sa Republic Act 7941. Nang sa gayon hindi na ang Korte Suprema ang gumagawa ng formula kung hindi ang mismong batas na ang magsasabi papaano ba talaga ang distribution,' said Comelec spokesperson Rex Laudiangco in Bagong Pilipinas Ngayon briefing. (As we said, I hope it comes to the point where there will be amendments to Republic Act 7941. So that it will no longer be the Supreme Court that makes the formula but the law itself that will dictate how the distribution should be.) The Comelec official cited the basis for the computation of the seats for winning party-list groups was the BANAT vs. Comelec ruling, or the so-called 'Carpio formula.' Under Section 5, Article VI of the Constitution and the Party-List System Act, party-list representatives shall constitute 20% of the total members of the House including those under the party-list, giving them 63 seats. If party-list groups with 2% and higher votes are not able to fill up all the 63 seats, the next-in-line groups with the closest number of votes to 2% will get to secure one seat each until all party-list seats are filled. 'Una, ang tinitignan natin yung nakakamit ng 2% ng total partylist votes…hindi lang yung botong tinanggap…Sinong nakakuha ng 2%, automatic may guaranteed seats na sila…Sa unang latag po niyan, nakita natin na mayroong kaagad na anim na nakakuha,' said Laudiangco. (First, we are looking at those who achieved 2% of the total party-list votes…not just the votes received…Whoever achieved 2%, they automatically have guaranteed seats…In the first round, we saw that there were immediately six who achieved the threshold.) 'Dahil hindi nga po napunuan yung ating 63 pa, ginamit natin yung 'Carpio formula' kung saan ang basis niyan ay natitirang number of seats, yung total number of party-list votes, nagkaroon ng second round of distribution,' he added. 'Nung nakita natin na mayroong pang kulang, mayroon pang natitira, sa BANAT vs. Comelec, kailangan mapuno ang lahat ng ito. So nagkaroon ng third round ng computation.' (Since the 63 seats were not filled, we used the 'Carpio formula' where the basis is the remaining number of seats was the total number of partylist votes, and there was a second round of distribution,' he added. 'When we saw that there were still seats to be filled missing, we cited the BANAT vs. Comelec. So there was a third round of computation.) The Comelec was supposed to proclaim 54 groups, but it suspended the proclamation of Duterte Youth and Bagong Henerasyon party-lists, which won three and one seats in the House of Representatives, respectively. Akbayan Party-list, which received the most number of votes in the party-list race, secured three seats in the House of Representatives in the upcoming 20th Congress, along with Tingog Party-list. But the Comelec clarified that the suspension of the proclamation of the two party-list groups does not nullify their victory in the polls. —RF, GMA Integrated News For more Eleksyon 2025 related content and updates, visit GMA News Online's Eleksyon 2025 microsite.
GMA Network
26-05-2025
- Politics
- GMA Network
SC asked to issue TRO vs. proclamation of party-list winners
The One Filipinos Worldwide (OFW) party-list on Monday filed a petition asking the Supreme Court (SC) to issue a temporary restraining order (TRO) against the declaration of party-list winners in the 2025 elections. In a 28-page petition for certiorari, the party-list sought a TRO and/or status quo ante order and/or writ of preliminary injunction directing the Commission on Elections (Comelec) from implementing NBOC resolution 14-25. The resolution declared the winners in the May 12 elections, following the formula provided in the ruling of Banat v. Comelec. 'The BANAT formula should be modified, if not abandoned, as it is inconsistent with, and fails to reflect, the spirit and intent of the 1987 Constitution and Republic Act No. 7941,' the petition read. Under the Banat formula, the parties that receive at least 2% of the total votes cast for the party-list system shall be entitled to one seat each. An additional seat will be granted to a party-list which will be able to secure more than 2% of the votes cast proportional to the additional percentage it got, but the maximum number of seats is only three. EXPLAINER: How does the PH party-list system work? 'It is politely advanced that the formula introduced in BANAT resulted into double counting of votes in favor of party-list groups who attained 2% of the total votes cast by all party-list groups,' the petition read. 'Nowhere from the text of the law was it stated that the 2% shall be used for the purpose of determining the number of guaranteed seats. The 2% threshold already provides an equivalent seat that must be definitively allocated,' it added. The party-list argued that it should be proclaimed as one of the winners and get one seat in the House of Representatives. It said that the Akbayan party-list should get three seats, the Duterte Youth party-list should get two seats instead of three, the Tingog party-list should get two seats instead of three, and that the 4Ps, ACT-CIS, and Ako Bikol party-lists should get one seat each. Aside from this, the OFW party-list asked the SC to direct Comelec to review the accreditation, disqualify and disallow the continued participation of non-marginalized groups in the party-list system. 'Sana po 'yung mga nagre-represent, totoo naman na nagre-represent. Ang dami pong party-list na nakita namin. Hindi ko alam kung sino sino itong mga ito, nanalo? Anong sector, nanalo?' OFW party-list president Marissa Del Mar Magsino said in a press conference. (I hope that those who claim to represent actually do represent. We saw so many party-list groups. I don't even know who they are, and they won? What sector?) The party-list also asked the SC to direct Comelec to allocate 64 seats instead of 63 seats. 'Public Respondents committed grave abuse of discretion in promulgating NBOC Resolution 14-25 which allocated only 63 seats for Party-List Representatives,' the petition read. Meanwhile, Magsino called on the High Court to grant their petition. 'For as long as we win this fight, winner na po tayo in the very sense of the word. Justice is rendered, justice is given to the OFW and the seafarers and their families,' Magsino said. 'I don't think naman aabutin ito ng last two months of 20th Congress. I'm very positive that SC will heed our request because this is a valid, legal, and constitutional request. Dahil ito po ay dinesign ng Constitution to be able to serve the marginalized and the underrepresented,' she added. (I don't think this will reach the last two months of the 20th Congress. I'm very positive that the SC will heed our request because this is a valid, legal, and constitutional request. This was designed by the Constitution to be able to serve the marginalized and the underrepresented.) The respondent in the petition is the Comelec. GMA News Online has asked the poll body for comment and will publish it once available.—AOL, GMA Integrated News For more Eleksyon 2025 related content and updates, visit GMA News Online's Eleksyon 2025 microsite.
