A.

Composition
SENATE
Constitutional provision: The Senate shall be composed of 24 senators who shall be elected at large by the qualified voters of the
Philippines, as provided by law. (Section 2, Article 6, 1987 PH Constitution)
Why 24 members?
-based on the principles of bicameralism. Proponents of bicameralism argued that bicameralism could achieve quality legislation
through a small Senate. Davide suggested that the smaller number suggests superior quality and that a number higher than 24 tend to
dilute the quality of the Senate.
Can the number of members be changed through ordinary legislation?
-the number of members in the Senate can only be changed through a constitutional amendment and the phrase as may be provided
by law refers to the mechanics for electing Senators at large and not to the number of Senators.
HOUSE OF REPRESENTATIVES: 80% district representatives, 20% party-list representatives
Constitutional provision:
(1)The House of Representatives shall be composed of not more than 250 members unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the provinces, cities, and Metropolitan Manila Area in accordance with the number
of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected
through a party-list system of registered national, regional and sectoral parties or organization.
(2)Party-list representatives shall constitute twenty per centum of the total number of representatives including those under the partylist. For three consecutive terms after ratification of this Constitution, of the seats allocated to party-list representatives shall be filled,
as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth and
other sectors as provided by law, except religious sectors.
(3)Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population
of at least 250, 000, or each province, shall have at least 1 representative.
(4)Within 3 years following the return of every census, Congress shall make a re-apportionment of legislative districts based on the
standards provided in this section. (Section 5, Article 6, 1987 PH Constitution)
-Section 5, Article 6 provides that the membership of HR is at 250 however, the total membership may be raised from time to time
because it is also provided in the provision that membership is 250 unless otherwise fixed by law.
-House of Representatives consists of not more than 250 members unless otherwise provided by law consisting of:
*district representatives: elected from large legislative districts apportioned among provinces,
cities, and metropolitan Manila area. [underlying principle behind this is the concept of
equality of representation which is a basic principle of republicanism. One man's vote
should carry as much weight as the vote of every other man.]
Rules for apportionment in district representatives: (Bernas book)
1. Legislative district shall be apportioned among the provinces, cities, and the Metropolitan Area in accordance with the number
of their respective inhabitants, and on the basis of a uniform and progressive ratio.
2. Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. This rule is a
prohibition of gerrymandering (creation of representative districts out of separate portions of territory in order to favor a
candidate).
3. Each city with a population of at least 250,000, or each province,shall have at least 1 representative. A province however, is
entitled to 1 representative no matter what its population size.
4. Within 3 years, following the return of every census, Congress shall make a reapportionment of legislative districts based on
the standards provided in Section 5(4).
*However, although it is the constitutional duty of Congress to ensure proportional representation, there is no power which can
compel Congress to make a reapportionment even when, through the growth and movement of populations, existing
apportionment has in fact become inequitable.
*party-list representatives: constitutes 20% of the total number of representatives elected through a party-list
system of registered national, regional, and sectoral parties or organization.
*sectoral representatives: For three consecutive terms after the ratification of the Constitution, one-half of the seats
allocated to party-list representatives shall be filled, as provided by law, by selection or election from the
labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may
be provided by law, except the religious sector.
Much of the discussion on the party-list system revolved around question of how sectors, especially the disadvantaged sectors of
society should be represented. The desire to give them reserved seats was born of the recognition of the inability of the disadvantaged
sectors to compete in the political process. In the end as a compromise: For 3 consecutive terms after the ratification of this
Constitution, of the seats allocated to party-list representatives will be reserved for sectoral representatives who will be chosen as
provided by law.
The original list of sectors to be represented included only labor, peasant, urban poor, and youth sectors. There was a recognition,
however that these sectors could further be subdivided by law into sub-sectors. Eventually, two other sectors-indigenous cultural
communities and women- were added, and also, such other sectors as may be provided by law. Except the religious sector. (Section

5(2), Article 6, 1987 PH Constitution) Originally, the manner of choosing the sectoral representatives was to be left to ordinary
legislation. Eventually however, Constitutional Commission added that, until a law is passed, the President may fill by appointment
from a list of nominees by respective sectors the seats reserved for sectoral representation. Should the President appoint such sectoral
representatives, their term would be that found in the Constitution. Such appointment shall be subject to confirmation by the
Commission of Appointments.
The current party-list law is RA 7941.
-How many votes must an organization receive in order to qualify for a seat in the House?
RA 7941 required parties, organizations, and coalitions participating in the system to obtain at least 2% of total votes cast for party-list
system in order to be entitled to a party-list seat. Those garnering more than this percentage may have additional seats in proportion to
their total number of votes. Furthermore, no winning party, organization or coalition may have more than 3 seats in House of
Representatives.
Requirements for entitlement to a party-list seat in the House are prescribed in RA 7941:
Sec.11 Number of Party-list Representatives The party-list representatives shall constitute 20% of the total number of members of
House of Representatives including those under the party-list.
In determining the allocation of seats for the second vote, the following procedure shall be observed:
Parties, organizations and coalitions shall be ranked from highest to lowest based on number of votes they garnered during
elections
Parties, organizations and coalitions receiving at least 2% of the total votes cast for party-list system shall be entitled to one
seat each; provided that those garnering more than 2% of votes shall be entitled to additional seats in proportion to their total
number of votes; provided, finally, that each party, organizations, and coalitions shall be entitled to not more than 3 seats.
The four inviolable parameters to determine the winners in a Philippine style party-list elections as mandated by Constitution
and RA 7941: (Veterans v. Comelec)
1. First, the 20% allocation the combined number of all party-list congressmen shall not exceed twenty percent of the total
membership of the House of Representatives, including those elected under the party list.
2. Second, the 2% threshold only those parties garnering minimum of two percent of the total valid votes cast for the partylist system are "qualified" to have a seat in the House of Representatives
3. Third, the 3-seat limit each qualified party, regardless of number of votes it actually obtained, is entitled to a maximum of
three seats; that is, one "qualifying" and two additional seats.
4. Fourth, proportional representation additional seats which a qualified party is entitled to shall be computed "in proportion
to their total number of votes."
Grounds for the cancellation/disqualification of registration of political parties (Section 6, RA 7941):
religious sect or denomination, organization, or association organized for religious purposes (not similar with a priest, imam,
etc. as nominee for a certain party-list; what is prohibited is the religious sect or religious party-list and not the nominee)
advocates violence or unlawful means to seek its goal
a foreign party/organization
receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any
of its officers or members or indirectly through the third parties for partisan election purposes
violates or fails to comply with laws, rules or regulations relating to elections
declares untruthful statements in its petition
has ceased to exist for at least 1 year
fails to participate in the last 2 preceding elections or fails to obtain at least 2% of votes cast under the party-list system in the
2 preceding elections for the constituency of which it has registered