Veterans Federation Party vs.

COMELEC
October 6, 2000
G.R. No. 136781

PONENTE: Justice Panganiban

COURT DECIDING: En Banc

RELIEF BEING ASKED: PETITIONS FOR CERTIORARI on the 2 COMELEC resolutions ordering the
proclamation of 38 additional party-list.

DOCTRINE: Article VI, Section 5 (2) of the 1987 Constitution party-list representative shall
constitute twenty percentum of the total number of representatives including
those under the party list.

R.A. No. 7941, Section 11 - The parties, organizations, and coalitions receiving
at least two percent (2%) of the total votes cast for the party-list system shall be
entitled to one seat each: provided, that those garnering more than two percent
(2%) of the votes shall be entitled to additional seats in proportion to their total
number of votes: provided, finally, that each party, organization, or coalition
shall be entitled to not more than three (3) seats.

SUMMARY:

In the 1998 election, COMELEC proclaimed 14 party-list representatives from 13 parties which
obtained at least 2% of the total number of votes cast for the party-list system as members of
the House of Representatives. Party-list organizations filed a petition in COMELEC arguing
that 20% of the seats allocated for party-list representation were not filled up. COMELEC 2nd
division grant the petition and proclaimed additional 38 party-list despite not obtaining 2% of
the votes cast for the party-list system under RA 7941. Hence, petitioners filed the above-
mentioned petition for certiorari.

FACTS:

May 11, 1998 the first election for party-list representation was held simultaneously with the
national elections.
On June 26, 1998, COMELEC proclaimed 13 party-list representatives from 12 parties and
organization, which had obtained at least two percent of the total number of votes cast for the
party-list system.
Special elections were held on July 4, 18 and 25, 1998, COMELEC en banc further determined
that COCOFED (Philippine Coconut Planters Federation, Inc.) was entitled to one party-list
seat.
On July 6, 1998, PAG-ASA (Peoples Progressive Alliance for Peace and Good Government
Towards Alleviation of Poverty and Social Advancement) filed with COMELEC a petition to
proclaim the full number of party-list representatives provided in the Constitution.
On October 15, 1998, the COMELEC Second Division promulgated the present assailed
Resolution granting PAG-ASAs Petition. Thus, ordering the proclamation of additional 38
seats for the party-list, in addition to the 14 already seated, totaling to 52 party-list
representatives.
The originally proclaimed 14 party-list organizations opposed the proclamation of COMELEC
to the additional 38 party-list organization and filed for a separate Motion for Reconsideration.
On January 7, 1999, COMELEC en banc, by razor-thin majority with three commissioners
concurring and two members dissenting, affirmed the Resolution of its Second Division.
ISSUES:

1. Whether or not the 20% allocation for party-list representatives is mandatory.

2. Whether or not the 2% total vote cast for the party-list system is necessary.

HELD AND RATIO:

1. No. It is merely a ceiling for the party-list seats in the Congress. The same declared therein a
policy to promote proportional representation in the election of party-list representatives in
order to enable Filipinos belonging to the marginalized and underrepresented sectors to
contribute legislation that would benefit them.
2. Yes. Congress deemed it necessary to require parties participating in the system to obtain at
least 2% of the total votes cast for the party-list system to be entitled to a party-list seat.
Congress wanted to ensure that only that only those parties having a sufficient number of
constituents deserving of representation are actually represented in Congress.

RULING OF THE COURT:

Petitions are hereby partially Granted. The assailed Resolutions of the COMELEC are SET
ASIDE and NULLIFIED. The proclamations of the fourteen (14) sitting party-list
representatives are AFFIRMED.

Note:

This case consists of three consolidated Petitions for Certiorari (G.R. Nos. 136781, 136786 and
136795), thats why in the instant case, they used the terms PETITIONERS and PETITIONS.