Republic Act No. 9189 February 13, 2003 AN ACT PROVI IN! FOR A "#"T$% OF OV$R"$A" A&"$NT$$ VOTIN!

&# '(A)IFI$ CITI*$N" OF T+$ P+I)IPPIN$" A&ROA , APPROPRIATIN! F(N " T+$R$FOR, AN FOR OT+$R P(RPO"$" "ec. 3. Definition of Terms. For purposes of this Act: a. "Absentee Voting" refers to the process by which qualified citi ens of the !hilippines abroad e"ercise their right to #ote$ b. "%ommission" refers to the %ommission on &lections$ c. "%ertified 'ist of (#erseas Absentee Voters" refers to the list of registered o#erseas absentee #oters whose applications to #ote in absentia ha#e been appro#ed by the %ommission) said list to be prepared by the %ommittee on Absentee Voting of the %ommission) on a country*by*country basis. This list shall be appro#ed by the %ommission in an en banc resolution$ d. "Day of &lection" refers to the actual date of elections in the !hilippines$ e. "+ational ,egistry of Absentee Voters" refers to the consolidated list prepared) appro#ed and maintained by the %ommission) of o#erseas absentee #oters whose applications for registration as absentee #oters) including those registered #oters who ha#e applied to be certified as absentee #oters) ha#e been appro#ed by the &lection ,egistered -oard$ f. "(#erseas Absentee Voter" refers to a citi en of the !hilippines who is qualified to register and #ote under this Act) not otherwise disqualified by law) who is abroad on the day of elections. "ec. ,. %o#erage. All citi ens of the !hilippines abroad) who are not otherwise disqualified by law) at least eighteen ./01 years of age on the day of elections) may #ote for president) #ice*president) senators and party*list representati#es. "ec. -. Disqualifications. The following shall be disqualified from #oting under this Act: /. Those who ha#e lost their Filipino citi enship in accordance with !hilippine laws$ 2. Those who ha#e e"pressly renounced their !hilippine citi enship and who ha#e pledged allegiance to a foreign country$ 3. Those who ha#e committed and are con#icted in a final 4udgment by a court or tribunal of an offense punishable by imprisonment of not less than one ./1 year) including those who ha#e committed and been found guilty of Disloyalty as defined under Article /35 of the ,e#ised !enal %ode) such disability not ha#ing been remo#ed by plenary pardon or amnesty$ !ro#ided) howe#er) That any person disqualified to #ote under this subsection shall automatically acquire the right to #ote upon e"piration of fi#e .61 years after ser#ice of sentence$ !ro#ided) further) That the %ommission may ta7e cogni ance of final 4udgments issued by foreign courts or tribunals only on the basis of reciprocity and sub4ect to the formalities and processes prescribed by the ,ules of %ourt on e"ecution of 4udgments$ 8. An immigrant or a permanent resident who is recogni ed as such in the host country) unless he9she e"ecutes) upon registration) an affida#it prepared for the purpose by the %ommission declaring that he9she shall resume actual physical permanent residence in the !hilippines not later than three .31 years from appro#al of his9her registration under this Act. :uch affida#it shall also state that he9she has not applied for citi enship in another country. Failure to return shall be the cause for the remo#al of the name of the immigrant or permanent resident from the +ational ,egistry of Absentee Voters and his9her permanent disqualification to #ote in absentia. 6. Any citi en of the !hilippines abroad pre#iously declared insane or incompetent by competent authority in the !hilippines or abroad) as #erified by the !hilippine embassies) consulates or foreign ser#ice establishments concerned) unless such competent authority subsequently certifies that such person is no longer insane or incompetent. "ec. .. !ersonal (#erseas Absentee ,egistration. ,egistration as an o#erseas absentee #oter shall be done in person. ;ualified citi ens of the !hilippines abroad who failed to register under ,epublic Act +o. 0/0<) otherwise 7nown as the "The Voters ,egistration Act of /<<=") may personally apply for registration with the &lection ,egistration -oard of the city or municipality where they were domiciled immediately prior to their departure from the !hilippines) or with the representati#e of the %ommission at the !hilippine embassies) consulates and other foreign ser#ice establishments that ha#e 4urisdiction o#er the locality where they temporarily reside. :ub4ect to the specific guidelines herein pro#ided) the %ommission is hereby authori ed to prescribe additional procedures for o#erseas absentee registration pursuant to the pro#isions of ,epublic Act +o. 0/0<) whene#er applicable) ta7ing into strict consideration the time ones and the #arious periods and processes herein pro#ided for the proper implementation of this Act. The embassies) consulates and other foreign ser#ice establishments shall transmit within .61 days from receipt the accomplished registration forms to the %ommission) after which the %ommission shall coordinate with the &lection (fficer of the city or municipality of the applicant>s stated residence for #erification) hearing and annotation in the permanent list of #oters. All applications for the ?ay) 2@@8 elections shall be filed with the %ommission not later than two hundred eighty .20@1 calendar days before the day of elections. For succeeding elections) the %ommission shall pro#ide for the period within which applications to register must be filed. An the case of seafarers) the %ommission shall pro#ide a special mechanism for the time and manner of personal registration ta7ing into consideration the nature of their wor7. =./. Bpon receipt of the application for registration) the &lection (fficer shall immediately set the application for hearing) the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicant>s stated residence for at least one ./1 wee7 before the date of the hearing. The &lection (fficer shall immediately furnish a copy of the application to the designated representati#es of political parties and other accredited groups. =.2. Af no #erified ob4ection to the application is filed) the &lection (fficer shall immediately forward the application to the &lection ,egistration -oard) which shall decide on the application within one ./1 wee7 from the date of hearing without waiting for the quarterly meeting of the -oard. The applicant shall be notified of the appro#al or disappro#al of his9her application by registered mail. =.3. An the e#ent that an ob4ection to the application is filed prior to or on the date of hearing) the &lection (fficer shall notify the applicant of said ob4ection by registered mail) enclosing therein copies of affida#its or documents submitted in support of the ob4ection filed with the said &lection (fficer) if any. The applicant shall ha#e the right to file his counter*affida#it by registered mail) clearly stating therein facts and defenses sworn before any officer in the host country authori ed to administer oaths. =.8. The application shall be appro#ed or disappro#ed based on the merits of the ob4ection) counter*affida#it and documents submitted by the party ob4ecting and those of the applicant. =.6 A %ertificate of ,egistration as an o#erseas absentee #oter shall be issued by the %ommission to all applicants whose applications ha#e been appro#ed) including those certified as registered #oters. The %ommission shall include the appro#ed applications in the +ational ,egistry of Absentee Voters. =.=. Af the application has been appro#ed) any interested party may file a petition for e"clusion not later than two hundred ten .2/@1 days before the day of elections with the proper municipal or metropolitan trial court. The petition shall be decided within fifteen ./61 days after its filing on the basis of the documents submitted in connection therewith. :hould the court fail to render a decision within the prescribed period) the ruling of the &lection ,egistration -oard shall be considered affirmed.

=.5. Af the application has been disappro#ed) the applicant or his authori ed representati#e shall) within a period of fi#e .61 days from receipt of the notice of disappro#al) ha#e the right to file a petition for inclusion with the proper municipal or metropolitan trial court. The petition shall be decided within fi#e .61 days after its filing on the basis of documents submitted in connection therewith. ;ualified citi ens of the !hilippines abroad) who ha#e pre#iously registered as #oters pursuant to ,epublic Act +o. 0/0< shall apply for certification as absentee #oters and for inclusion in the +ational ,egistry of (#erseas Absentee Voters) with a corresponding annotation in the %ertified Voters> 'ist. "ec. /. :ystem of %ontinuing ,egistration. The %ommission shall ensure that the benefits of the system of continuing registration are e"tended to qualified o#erseas absentee #oters. Towards this end) the %ommission shall optimi e the use of e"isting facilities) personnel and mechanisms of the #arious go#ernment agencies for purposes of data gathering) data #alidation) information dissemination and facilitation of the registration process. !re*departure programs) ser#ices and mechanisms offered and administered by the Department of Foreign Affairs) Department of 'abor and &mployment) !hilippine (#erseas &mployment Administration) (#erseas Cor7ers> Celfare Administration) %ommission on Filipinos (#erseas and other appropriate agencies of the go#ernment shall be utili ed for purposes of supporting the o#erseas absentee registration and #oting processes) sub4ect to limitations imposed by law. "ec. 8. ,equirements for ,egistration. &#ery Filipino registrant shall be required to furnish the following documents: a. A #alid !hilippine passport. An the absence of a #alid passport) a certification of the Department of Foreign Affairs that it has re#iewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport) or that the applicant is a holder of a #alid passport but is unable to produce the same for a #alid reason$ b. Accomplished registration form prescribed by the %ommission containing the following mandatory information: i. 'ast 7nown residence of the applicant in the !hilippines before lea#ing for abroad$ ii. Address of applicant abroad) or forwarding address in the case of seafarers$ iii. Chere #oting by mail is allowed) the applicant>s mailing address outside the !hilippines where the ballot for absentee #oters will be sent) in proper cases$ and$ i#. +ame and address of applicant>s authori ed representati#e in the !hilippines for purposes of :ection =.5 and :ection /2 hereof. c. An the case of immigrants and permanent residents not otherwise disqualified to #ote under this Act) an affida#it declaring the intention to resume actual physical permanent residence in the !hilippines not later than three .31 years after appro#al of his9her registration as an o#erseas absentee #oter under this Act. :uch affida#it shall also state that he9she has not applied for citi enship in another country. The %ommission may also require additional data to facilitate registration and recording. +o information other than those necessary to establish the identity and qualification of the applicant shall be required. "ec. 9. +ational ,egistry of (#erseas Absentee Voters. The %ommission shall maintain a +ational ,egistry of (#erseas Absentee Voters. Appro#ed applications of o#erseas absentee registrants shall also be included in the permanent list of #oters of the city or municipality where the registrant is domiciled) with the corresponding annotation that such person has been registered or will be #oting as an o#erseas absentee #oter. The registry shall also include those registered under ,epublic Act +o. 0/0< and who ha#e been issued certifications as o#erseas absentee #oters. The entries in the +ational ,egistry of (#erseas Absentee Voters and the annotations as o#erseas absentee #oters in the %ertified Voters> 'ist shall be permanent) and cannot be cancelled or amended e"cept in any of the following cases: <./. Chen the o#erseas absentee #oter files a letter under oath addressed to the %ommission that he9she wishes to be remo#ed from the ,egistry of (#erseas Absentee Voters) or that his9her name be transferred to the regular registry of #oters$ or) <.2. Chen an o#erseas absentee #oter>s name was ordered remo#ed by the %ommission from the ,egistry of (#erseas Absentee Voters for his9her failure to e"ercise his9her right to #ote under this Act for two .21 consecuti#e national elections. "ec. 10. +otice of ,egistration and &lection. The %ommission shall) through the embassies) consulates and other foreign ser#ice establishments) cause the publication in a newspaper of general circulation of the place) date and time of the holding of a regular or special national election and the requirements for the participation of qualified citi ens of the !hilippines abroad) at least si" .=1 months before the date set for the filing of applications for registration. The %ommission shall determine the countries where publication shall be made) and the frequency thereof) ta7ing into consideration the number of o#erseas Filipinos present in such countries. 'i7ewise) the %ommission and the Department of Foreign Affairs shall post the same in their respecti#e websites. "ec. 11. !rocedure for Application to Vote in Absentia. //./. &#ery qualified citi en of the !hilippines abroad whose application for registration has been appro#ed) including those pre#iously registered under ,epublic Act +o. 0/0<) shall) in e#ery national election) file with the officer of the embassy) consulate or other foreign ser#ice establishment authori ed by the %ommission) a sworn written application to #ote in a form prescribed by the %ommission. The authori ed officer of such embassy) consulate or other foreign ser#ice establishment shall transmit to the %ommission the said application to #ote within fi#e .61 days from receipt thereof. The application form shall be accomplished in triplicate and submitted together with the photocopy of his9her o#erseas absentee #oter certificate of registration. //.2. &#ery application to #ote in absentia may be done personally at) or by mail to) the embassy) consulate or foreign ser#ice establishment) which has 4urisdiction o#er the country where he9she has indicated his9her address for purposes of the elections. //.3. %onsular and diplomatic ser#ices rendered in connection with the o#erseas absentee #oting processes shall be made a#ailable at no cost to the o#erseas absentee #oter. "ec. 12. Verification and Appro#al of Application to Vote. All applications shall be acted upon by the %ommission upon receipt thereof) but in no case later than one hundred fifty ./6@1 days before the day of elections. An the e#ent of disappro#al of the application) the #oter or his authori ed representati#e may file a ?otion for ,econsideration with the %ommission personally) or by registered mail) within ten ./@1 days from receipt of the notice of disappro#al. The %ommission shall act within fi#e .61 days from receipt of such ?otion for ,econsideration and shall immediately notify the #oter of its decision. The decision of the %ommission shall be final and e"ecutory. The %ommission shall issue an o#erseas absentee #oter identification card to those whose applications to #ote ha#e been appro#ed. "ec. 13. !reparation and !osting of %ertified 'ist of (#erseas Absentee Voters. The %ommission shall prepare the %ertified 'ist of (#erseas Absentee Voters within one hundred twenty ./2@1 days before e#ery election) and furnish within the same period copies thereof to the appropriate embassies) consulates and other foreign ser#ice establishments) which shall post the same in their bulletin boards within ten ./@1 days from receipt thereof. :ub4ect to reasonable regulation and the payment of fees in such amounts as may be fi"ed by the %ommission) the candidates) political parties) accredited citi ens> arms) interested persons and all embassies) consulates and other foreign ser#ice establishments shall be furnished copies thereof. "ec. 1,. !rinting and Transmittal of -allots) Voting Anstructions) &lection Forms and !araphernalia. /8./. The %ommission shall cause the printing of ballots for o#erseas absentee #oters) #oting instructions) and election forms in such number as may be necessary) but in no case shall it e"ceed the total number of appro#ed applications. :ecurity mar7ings shall be used in the printing of ballots for o#erseas absentee #oters. /8.2. The %ommission shall present to the authori ed representati#es of the Department of Foreign Affairs and the accredited ma4or political parties the ballots for o#erseas absentee #oters) #oting instructions) election forms and other election paraphernalia for scrutiny and inspection prior to their transmittal to the embassies) consulates and other foreign ser#ice establishments concerned.

/8.3. The %ommission shall) not later than se#enty*fi#e .561 days before the day of elections) transmit by special pouch to the embassies) consulates and other foreign ser#ice establishments) the e"act number of ballots for o#erseas absentee #oters corresponding to the number of appro#ed applications) along with such materials and election paraphernalia necessary to ensure the secrecy and integrity of the election. /8.8. The authori ed representati#es of accredited ma4or political parties shall ha#e the right to be present in all phases of printing) transmittal) and casting of ballots abroad. Bnclaimed ballots properly mar7ed as such) shall be cancelled and shipped to the %ommission by the least costly method. "ec. 1-. ,egulation on %ampaigning Abroad. The use of campaign materials) as well as the limits on campaign spending shall be go#erned by the laws and regulations applicable in the !hilippines. "ec. 1.. %asting and :ubmission of -allots. /=./. Bpon receipt by the designated officer of the embassy) consulate and other foreign ser#ice establishments of the ballots for o#erseas absentee #oters) #oting instructions) election forms and other paraphernalia) he9she shall ma7e them a#ailable on the premises to the qualified o#erseas absentee #oters in their respecti#e 4urisdictions during the thirty .3@1 days before the day of elections when o#erseas absentee #oters may cast their #ote. Ammediately upon recei#ing it) the o#erseas absentee #oter must fill*out his9her ballot personally) in secret) without lea#ing the premises of the embassies) consulates and other foreign ser#ice establishments concerned. /=.2. The o#erseas absentee #oter shall personally accomplish his9her ballot at the embassy) consulate or other foreign ser#ice establishment that has 4urisdiction o#er the country where he9she temporarily resides or at any polling place designated and accredited by the %ommission. /=.3. The o#erseas absentee #oter shall cast his ballot) upon presentation of the absentee #oter identification card issued by the %ommission) within thirty .3@1 days before the day of elections. An the case of seafarers) they shall cast their ballots anytime within si"ty .=@1 days before the day of elections as prescribed in the Amplementing ,ules and Duidelines. /=.8. All accomplished ballots recei#ed shall be placed unopened inside sealed containers and 7ept in a secure place designated by the %ommission. /=.6. The embassies) consulates and other foreign ser#ice establishments concerned shall 7eep a complete record of the ballots for o#erseas absentee #oters) specifically indicating the number of ballots they actually recei#ed) and in cases where #oting by mail is allowed under :ection /5 hereof) the names and addresses of the #oters to whom these ballots were sent) including proof of receipt thereof. An addition) the embassies) consulates and other foreign ser#ice establishments shall submit a formal report to the %ommission and the Eoint %ongressional (#ersight %ommittee created under this Act within thirty .3@1 days from the day of elections. :uch report shall contain data on the number of ballots cast and recei#ed by the offices) the number of in#alid and unclaimed ballots and other pertinent data. /=.=. The o#erseas absentee #oter shall be instructed that his9her ballot shall not be counted if it is not inside the special en#elope furnished him9her when it is cast. /=.5. -allots not claimed by the o#erseas absentee #oters at the embassies) consulates and other foreign ser#ice establishments) in case of personal #oting) and ballots returned to the embassies) consulates and other foreign ser#ice establishments concerned) in the case of #oting by mail) shall be cancelled and shipped to the %ommission by the least costly method within si" .=1 months from the day of elections. /=.0. (nly ballots cast) and mailed ballots recei#ed by the !hilippine embassies) consulates and other foreign ser#ice establishments concerned in accordance with :ection /5 hereof before the close of #oting on the day of elections shall be counted in accordance with :ection /0 hereof. All en#elopes containing the ballots recei#ed by the embassies) consulates and other foreign ser#ice establishments after the prescribed period shall not be opened) and shall be cancelled and shipped to the %ommission by the least costly method within si" .=1 months from the day of elections. /=.<. A :pecial -allot ,eception and %ustody Droup composed of three .31 members shall be constituted by the %ommission from among the staff of the embassies) consulates and other foreign ser#ice establishments concerned) including their attached agencies) and citi ens of the !hilippines abroad) who will be deputi ed to recei#e ballots and ta7e custody of the same preparatory to their transmittal to the :pecial -oards of &lection Anspectors. /=./@. During this phase of the election process) the authori ed representati#es of the political parties) candidates) and accredited citi ens> arms of the %ommission shall be notified in writing thereof and shall ha#e the right to witness the proceedings. /=.//. The %ommission shall study the use of electronic mail) Anternet) or other secured networ7s in the casting of #otes) and submit a report thereon to the Eoint %ongressional (#ersight %ommittee. "ec. 1/. Voting by ?ail. /5./. For the ?ay) 2@@8 elections) the %ommission shall authori e #oting by mail in not more than three .31 countries) sub4ect to the appro#al of the %ongressional (#ersight %ommittee. Voting by mail may be allowed in countries that satisfy the following conditions: a. Chere the mailing system is fairly well*de#eloped and secure to pre#ent the occasion of fraud$ b. Chere there e"ists a technically established identification system that would preclude multiple or pro"y #oting$ and) c. Chere the system of reception and custody of mailed ballots in the embassies) consulates and other foreign ser#ice establishments concerned are adequate and well*secured. Thereafter) #oting by mail in any country shall be allowed only upon re#iew and appro#al of the Eoint %ongressional (#ersight %ommittee. /5.2. The o#erseas absentee #oters shall send his9her accomplished ballot to the corresponding embassy) consular or other foreign ser#ice establishment that has 4urisdiction o#er the country where he9she temporarily resides. Fe9:he shall be entitled to cast his9her ballot at any time upon his9her receipt thereof) pro#ided that the same As recei#ed before the close of #oting on the day of elections. The o#erseas absentee #oter shall be instructed that his9her ballot shall not be counted if not transmitted in the special en#elope furnished him9her. /5.3. (nly mailed ballots recei#ed by the !hilippine embassy) consulate and other foreign ser#ice establishments before the close of #oting on the day of elections shall be counted in accordance with :ection /0 hereof. All en#elopes containing the ballots recei#ed by the embassies) consulates and other foreign ser#ice establishments after the prescribed period shall not be opened) and shall be cancelled and disposed of appropriately) with a corresponding report thereon submitted to the %ommission not later than thirty .3@1 days from the day of elections. "ec. 18. (n*:ite %ounting and %an#assing. /0./. The counting and can#assing of #otes shall be conducted on site in the country where the #otes were actually cast. The opening of the specially* mar7ed en#elopes containing the ballots and the counting and can#assing of #otes shall be conducted within the premises of the embassies) consulates and other foreign ser#ice establishments or in such other places as may be designated by the %ommission pursuant to the Amplementing ,ules and ,egulations. The %ommission shall ensure that the start of counting in all polling places abroad shall be synchroni ed with the start of counting in the !hilippines. /0.2. For these purposes) the %ommission shall constitute as many :pecial -oards of &lection Anspectors as may be necessary to conduct and super#ise the counting of #otes as pro#ided in :ection /0.2 hereof. The :pecial -oards of &lection Anspectors to be constituted herein shall be composed of a %hairman and two .21 members) one ./1 of whom shall be designated as poll cler7. The ambassador or consul*general) or any career public officer posted abroad designated by the %ommission) as the case may be) shall act as the chairman$ in the absence of other go#ernment officers) the two .21 other members shall be citi ens of the !hilippines who are qualified to #ote under this act and deputi ed by the %ommission not later than si"ty .=@1 days before

the day of elections. All resolutions of the :pecial -oard of &lection Anspectors on issues brought before it during the conduct of its proceedings shall be #alid only when they carry the appro#al of the chairman. Ammediately upon the completion of the counting) the :pecial -oards of &lection Anspectors shall transmit #ia facsimile and9or electronic mail the results to the %ommission in ?anila and the accredited ma4or political parties. /0.3. (nly ballots cast on) or recei#ed by the embassies) consulates and other foreign ser#ice establishments before the close of #oting on the day of elections shall be included in the counting of #otes. Those recei#ed afterwards shall not be counted. /0.8. A :pecial -oard of %an#assers composed of a lawyer preferably of the %ommission as chairman) a senior career officer from any of the go#ernment agencies maintaining a post abroad and) in the absence of another go#ernment officer) a citi en of the !hilippines qualified to #ote under this Act deputi ed by the %ommission) as #ice*chairman and member*secretary) respecti#ely) shall be constituted to can#ass the election returns submitted to it by the :pecial -oards of &lection Anspectors. Ammediately upon the completion of the can#ass) the chairman of the :pecial -oard of %an#assers shall transmit #ia facsimile) electronic mail) or any other means of transmission equally safe and reliable the %ertificates of %an#ass and the :tatements of Votes to the %ommission) and shall cause to preser#e the same immediately after the conclusion of the can#ass) and ma7e it a#ailable upon instructions of the %ommission. The :pecial -oard of %an#assers shall also furnish the accredited ma4or political parties and accredited citi ens> arms with copies thereof #ia facsimile) electronic mail and any other means of transmission equally safe) secure and reliable. The %ertificates of %an#ass and the accompanying :tatements of Votes as transmitted #ia facsimile) electronic mail and any other means of transmission equally safe) secure and reliable shall be the primary basis for the national can#ass. /0.6. The can#ass of #otes shall not cause the delay of the proclamation of a winning candidate if the outcome of the election will not be affected by the results thereof. +otwithstanding the foregoing) the %ommission is empowered to order the proclamation of winning candidates despite the fact that the scheduled election has not ta7en place in a particular country or countries) if the holding of elections therein has been rendered impossible by e#ents) factors and circumstances peculiar to such country or countries) and which e#ents) factors and circumstances are beyond the control or influence of the %ommission. /0.=. An the preparation of the final tally of #otes on the results of the national elections) the %ommission shall ensure that the #otes can#assed by each and e#ery country shall be reflected as a separate item from the tally of national #otes. For purposes of this Act) the returns of e#ery election for president and #ice*president prepared by the :pecial -oard of %an#assers shall be deemed a certificate of can#ass of a city or pro#ince. /0.5. Chere feasible) the counting and can#assing of #otes shall be automated. Towards this end) the %ommission is hereby authori ed to borrow) rent) lease or acquire automated #oting machines for purposes of can#assing and counting of #otes pursuant to the pro#isions of this Act) and in accordance with the Amplementing ,ules and ,egulations promulgated by the %ommission. "ec. 19. Authority of the %ommission to !romulgate ,ules. The %ommission shall issue the necessary rules and regulations to effecti#ely implement the pro#isions of this Act within si"ty .=@1 days from the effecti#ity of this Act. The Amplementing ,ules and ,egulations shall be submitted to the Eoint %ongressional (#ersight %ommittee created by #irtue of this Act for prior appro#al. An the formulation of the rules and regulations) the %ommission shall coordinate with the Department of Foreign Affairs) Department of 'abor and &mployment) !hilippine (#erseas and &mployment Administration) (#erseas Cor7ers> Celfare Administration and the %ommission on Filipinos (#erseas. +on*go#ernment organi ations and accredited Filipino organi ations or associations abroad shall be consulted. "ec. 20. Anformation %ampaign. The %ommission) in coordination with agencies concerned) shall underta7e an information campaign to educate the public on the manner of absentee #oting for qualified o#erseas absentee #oters. At may require the support and assistance of the Department of Foreign Affairs) through the embassies) consulates and other foreign ser#ice establishments) Department of 'abor and employment) Department of Transportation and %ommunications) !hilippine !ostal %orporation) !hilippine (#erseas &mployment Administration) (#erseas Cor7ers> Celfare Administration and the %ommission on Filipinos (#erseas. The %ommission may deputi e Filipino organi ations9associations o#erseas for the same purpose: !ro#ided) That any such deputi ed organi ation9association shall be prohibited from participating in the elections by campaigning for or fielding candidates$ !ro#ided) further) That if any such deputi ed organi ation9association is disco#ered to ha#e a member who is not a qualified o#erseas absentee #oter as herein defined) such deputi ed organi ation9association shall be banned from participating in any manner) and at any stage) in the !hilippine political process abroad. :uch information campaign shall educate the Filipino public) within and outside the !hilippines) on the rights of o#erseas absentee #oters) absentee #oting processes and other related concerns. Anformation materials shall be de#eloped by the %ommission for distribution) through the said go#ernment agencies and pri#ate organi ations. +o go#ernment agency or accredited pri#ate organi ations shall prepare) print) distribute or post in websites any information material without the prior appro#al of the %ommission. "ec. 21. Access to (fficial ,ecords and Documents. :ub4ect to the pertinent pro#isions of this Act) any person shall ha#e the right to access and9or copy at his e"pense all registration records) #oters lists and other official records and documents) sub4ect to reasonable regulations as may be imposed by the %ommission. "ec. 22. Assistance from Do#ernment Agencies. All go#ernment officers) particularly from the Department of Foreign Affairs) Department of 'abor and &mployment) Department of Transportation and %ommunications) !hilippine !ostal %orporation) !hilippine (#erseas &mployment Administration) (#erseas Cor7ers> Celfare Administration) %ommission on Filipinos (#erseas and other go#ernment offices concerned with the welfare of the Filipinos o#erseas shall) to the e"tent compatible with their primary responsibilities) assist the %ommission in carrying out the pro#isions of this Act. All such agencies or officers thereof shall ta7e reasonable measures to e"pedite all election acti#ities) which the %ommission shall require of them. Chen necessary) the %ommission may send super#isory teams headed by career officers to assist the embassies) consulates and other foreign ser#ice establishment concerned. "ec. 23. :ecurity ?easures to :afeguard the :ecrecy and :anctity of -allots. At all stages of the electoral process) the %ommission shall ensure that the secrecy and integrity of the ballots are preser#ed. The %ommittee on Absentee Voting of the %ommission shall be responsible for ensuring the secrecy and sanctity of the absentee #oting process. An the interest of transparency) all necessary and practicable measures shall be adopted to allow representation of the candidates) accredited ma4or political parties) accredited citi ens> arms and non*go#ernment organi ations to assist) and inter#ene in appropriate cases) in all stages of the electoral e"ercise and to pre#ent any and all forms of fraud and coercion. +o officer or member of the foreign ser#ice corps) including those belonging to attached agencies shall be transferred) promoted) e"tended) recalled or otherwise mo#ed from his current post or position one ./1 year before and three .31 months after the day of elections) e"cept upon the appro#al of the %ommission. "ec. 2,. !rohibited Acts. An addition to the prohibited acts pro#ided by law) it shall be unlawful: 28./. For any officer or employee of the !hilippine go#ernment to influence or attempt to influence any person co#ered by this Act to #ote) or not to #ote) for a particular candidate. +othing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office. 28.2. For any person to depri#e any person of any right secured in this Act) or to gi#e false information as to his9her name) address) or period of residence for the purposes of establishing his9her eligibility or ineligibility to register or #ote under this Act$ or to conspire with another person for the purpose of encouraging the gi#ing of false information in order to establish the eligibility or ineligibility of any indi#idual to register or #ote under this Act$ or) to pay) or offer to pay) or to accept payment either for application to #ote in absentia or for #oting$ 28.3. For any person to tamper with the ballot) the mail containing the ballots for o#erseas absentee #oters) the election returns) including the destruction) mutilation and manipulation thereof$

28.8. For any person to steal) destroy) conceal) mutilate or alter any record) document or paper as required for purposes of this Act$ 28.6. For any deputi ed agent to refuse without 4ustifiable ground) to ser#e or continue ser#ing) or to comply with his9her sworn duties after acceptance of his9her appointment$ 28.=. For any public officer or employee who shall cause the preparation) printing) distribution of information material) or post the same in websites without the prior appro#al of the %ommission$ 28.5. For any public officer or employee to cause the transfer) promotion) e"tension) recall of any member of the foreign ser#ice corps) including members of the attached agencies) or otherwise cause the mo#ement of any such member from his current post or position one ./1 year before and three .31 months after the day of elections) without securing the prior appro#al of the %ommission$ 28.0. For any person who) after being deputi ed by the %ommission to underta7e acti#ities in connection with the implementation of this Act) shall campaign for or assist) in whate#er manner) candidates in the elections$ 28.<. For any person who is not a citi en of the !hilippines to participate) by word or deed) directly or indirectly through qualified organi ations9associations) in any manner and at any stage of the !hilippine political process abroad) including participation in the campaign and elections. The pro#ision of e"isting laws to the contrary notwithstanding) and with due regard to the !rinciple of Double %riminality) the prohibited acts described in this section are electoral offenses and punishable in the !hilippines. The penalties imposed under :ection 2=8 of the (mnibus &lection %ode) as amended) shall be imposed on any person found guilty of committing any of the prohibited acts as defined in this section: !ro#ided) That the penalty of prision mayor in its minimum period shall be imposed upon any person found guilty of :ection 28.3 hereof without the benefit of the operation of the Andeterminate :entence 'aw. Af the offender is a public officer or a candidate) the penalty shall be prision mayor in its ma"imum period. An addition) the offender shall be sentenced to suffer perpetual disqualification to hold public office and depri#ation of the right to #ote. Ammigrants and permanent residents who do not resume residence in the !hilippines as stipulated in their affida#it under :ection 6.d1 within three .31 years after appro#al of his9her registration under this Act and yet #ote in the ne"t elections contrary to the said section) shall be penali ed by imprisonment of not less than one ./1 year) and shall be deemed disqualified as pro#ided in :ection 6.c1 of this Act. Fis9her passport shall be stamped "not allowed to #ote". "ec. 2-. Eoint %ongressional (#ersight %ommittee. A Eoint %ongressional (#ersight %ommittee is hereby created) composed of the %hairman of the :enate %ommittee on %onstitutional Amendments) ,e#ision of %odes and 'aws) and se#en .51 other :enators designated by the :enate !resident) and the %hairman of the Fouse %ommittee on :uffrage and &lectoral ,eforms) and se#en .51 other ?embers of the Fouse of ,epresentati#es designated by the :pea7er of the Fouse of ,epresentati#es: !ro#ided) That) of the se#en .51 members to be designated by each Fouse of %ongress) four .81 should come from the ma4ority and the remaining three .31 from the minority. The Eoint %ongressional (#ersight %ommittee shall ha#e the power to monitor and e#aluate the implementation of this Act. At shall re#iew) re#ise) amend and appro#e the Amplementing ,ules and ,egulations promulgated by the %ommission. "ec. 2.. Applicability of (ther &lection 'aws. The pertinent pro#isions of the (mnibus &lection %ode) as amended) and other election laws) which are not in conflict with the pro#isions of this Act shall remain in full force and shall ha#e suppletory application to this Act. "ec. 2/. &nforcement and Administration by the %ommission. The %ommission shall) for the purpose of ensuring honest) orderly) peaceful and free elections abroad) ha#e e"clusi#e charge of the enforcement) administration and implementation of this Act. "ec. 28. ?andatory ,e#iew. %ongress shall complete a mandatory re#iew of this Act within two .21 years following the ?ay) 2@@8 elections for the purpose of amending it to e"pand or restrict its co#erage) scope and application) as well as impro#e its procedures and institute measures and safeguards) ta7ing into account the e"perience of the pre#ious election) technological ad#ances and structural political changes. Republic Act No. 8189 0u1e 11, 199. AN ACT PROVI IN! FOR A !$N$RA) R$!I"TRATION OF VOT$R", A OPTIN! A "#"T$% OF CONTIN(IN! R$!I"TRATION, PR$"CRI&IN! T+$ PROC$ (R$" T+$R$OF AN A(T+ORI*IN! T+$ APPROPRIATION OF F(N " T+$R$FOR "ectio1 3. Definition of Terms. As used in this Act: a1 ,egistration refers to the act of accomplishing and filing of a sworn application for registration by a qualified #oter before the election officer of the city or municipality wherein he resides and including the same in the boo7 of registered #oters upon appro#al by the &lection ,egistration -oard$ b1 ,egistration ,ecord refers to an application for registration duly appro#ed by the &lection ,egistration -oard$ c1 -oo7 of Voters refers to the compilation of all registration records in a precinct$ d1 'ist of Voters refers to an enumeration of names of registered #oters in a precinct duly certified by the &lection ,egistration -oard for use in the election$ e1 Alliterate or Disabled person refers to one who cannot by himself prepare an application for registration because of his physical disability and9or inability to read and write$ f1 %ommission refers to the %ommission on &lections .%(?&'&%1$ g1 &lection ,egistration -oard refers to the body constituted herein to act on all applications for registration$ h1 Voter>s Adentification +umber .VA+1 refers to the number assigned by the %ommission on &lections to a registered #oter that shall consist of three .31 parts: ./1 The current address .city9municipality and pro#ince1$ .21 the current precinct assignment of the #oter and .31 the permanent birth and name code unique to e#ery #oter$ i1 !olitical !arties refer to local) regional or national political parties e"isting and duly registered and accredited by the %ommission$ 41 !recinct refers to the basic unit of territory established by the %ommission for the purpose of #oting$ 71 !recinct ?aps refers to a s7etch or drawing of a geographical area stated in terms of streets or street bloc7s or sitios the residents of which would belong to a particular precinct$ l1 !olling place refers to the place where the -oard of &lection Anspectors conducts its proceeding and where the #oters cast their #otes$ m1 Voting center refers to the building or place where the polling place is located$ n1 &lection (fficer refers to the highest official or authori ed representati#e of the %ommission in a city or municipality$ and o1 -oard of &lection Anspectors refers to the body which conducts the election in the polling place of the precinct usually composed of three .31 public school teachers appointed by the %ommission. "ectio1 ,. Permanent List of Voters. There shall be a permanent list of #oters per precinct in each city or municipality consisting of all registered #oters residing within the territorial 4urisdiction of e#ery precinct indicated by the precinct maps. :uch precinct*le#el list of #oters shall be accompanied by an addition deletion list of the purpose of updating the list. For the purpose of the /<<5 general registration) the %ommission shall cause the preparation and posting of all precinct maps in e#ery barangay nationwide. Fi#e days before the /<<5 general registration) indi#idual precinct maps shall be posted at the door of each polling place. :ubsequently) the &lection (fficer shall be responsible for the display) throughout the year) of precinct maps in his office and in the bulletin board of the city or municipal hall.

The precinct assignment of a #oter in the permanent list of #oters shall not be changed or altered or transferred to another precinct without the e"press written consent of the #oter: !ro#ided) howe#er) That the #oter shall not unreasonably withhold such consent. Any #iolation thereof shall constitute an election offense which shall be punished in accordance with law. "ectio1 -. Precincts and their Establishment. An preparation for the general registration in /<<5) the %ommission shall draw updated maps of all the precincts nationwide. Bpon completion of the new precinct maps) all the precincts established in the preceding elections shall be deemed abolished. For the purpose of the general registration) the %ommission shall create original precincts only. :pin*off precinct may be created after the regular elections of /<<0 to accommodate additional #oters residing within the territorial 4urisdiction of the original precincts. The %ommission shall introduce a permanent numbering of all precincts which shall be indicated by Arabic numerals and a letter of the &nglish alphabet. (riginal or mother precincts shall be indicated by the Arabic numeral and letter "A of the &nglish alphabet. :pin*off or daughter precincts shall be indicated by the Arabic numeral and letter of the &nglish alphabet starting with letter - and so on. +o territory comprising an election precinct shall be altered or a new precinct be established at the start of the election period. :plitting of an original precinct or merger of two or more original precincts shall not be allowed without redrawing the precinct map9s one hundred twenty ./2@1 days before election day. "ectio1 .. Arrangement of Precincts. &#ery barangay shall ha#e at least one ./1 precinct. &ach precinct) shall ha#e no more than two hundred .2@@1 #oters and shall comprise contiguous and compact territories. a1 A precinct shall be allowed to ha#e less than 2@@ registered #oters under the following conditions: /1 As soon as the 2@@*limit for e#ery precinct has been reached) a spin*off or daughter precinct shall be created automatically by the %ommission to accommodate #oters residing within the territorial 4urisdiction of the original precinct. Thereafter) a separate list of new #oters shall be prepared by the &lection (fficer$ and 21 An island or group of islands with less than two hundred .2@@1 #oters may comprise one ./1 original precinct. b1 &#ery case of alteration of precincts shall be duly announced by posting a notice thereof in a conspicuous place in the precinct) in the office of the election officer and in the city or municipal hall and by pro#iding political parties and candidates a list of all the precincts at the start of the campaign period$ and c1 %onsolidation or merger of at most three .31 precincts may be allowed: !ro#ided) That the computeri ed counting shall be implemented: !ro#ided) further) That the merger of such precincts shall be effected ninety .<@1 days before election day. "ectio1 /. General Registration of Voters. Ammediately after the barangay elections in /<<5) the e"isting certified list of #oters shall cease to be effecti#e and operati#e. For purposed of the ?ay /<<0 elections and all elections) plebiscites) referenda) initiati#es) and recalls subsequent thereto) the %ommission shall underta7e a general registration of #oters before the -oard of &lection Anspectors on Eune /8) /6) 2/) and 22 and) sub4ect to the discretion of the %ommission) on Eune 20 and 2<) /<<5 in accordance with this Act. "ectio1 8. System of Continuing Registration of Voters. The personal filing of application of registration of #oters shall be conducted daily in the office of the &lection (fficer during regular office hours. +o registration shall) howe#er) be conducted during the period starting one hundred twenty ./2@1 days before a regular election and ninety .<@1 days before a special election. "ectio1 9. ho may Register. All citi ens of the !hilippines not otherwise disqualified by law who are at least eighteen ./01 years of age) and who shall ha#e resided in the !hilippines for at least one ./1 year) and in the place wherein they propose to #ote) for at least si" .=1 months immediately preceding the election) may register as a #oter. Any person who temporarily resides in another city) municipality or country solely by reason of his occupation) profession) employment in pri#ate or public ser#ice) educational acti#ities) wor7 in the military or na#al reser#ations within the !hilippines) ser#ice in the Armed Forces of the !hilippines) the +ational !olice Forces) or confinement or detention in go#ernment institutions in accordance with law) shall not be deemed to ha#e lost his original residence. Any person) who) on the day of registration may not ha#e reached the required age or period of residence but) who) on the day of the election shall possess such qualifications) may register as a #oter. "ectio1 10. Registration of Voters. A qualified #oter shall be registered in the permanent list of #oters in a precinct of the city or municipality wherein he resides to be able to #ote in any election. To register as a #oter) he shall personally accomplish an application form for registration as prescribed by the %ommission in three .31 copies before the &lection (fficer on any date during office hours after ha#ing acquired the qualifications of a #oter. The application shall contain the following data: a1 +ame) surname) middle name) and9or maternal surname$ b1 :e"$ c1 Date) and place of birth$ d1 %iti enship$ e1 %i#il status) if married) name of spouse$ f1 !rofession) occupation or wor7$ g1 !eriods of residence in the !hilippines and in the place of registration$ h1 &"act address with the name of the street and house number for location in the precinct maps maintained by the local office of the %ommission) or in case there is none) a brief description of his residence) sitio) and barangay$ i1 A statement that the applicant possesses all the qualifications of a #oter$ 41 A statement that the applicant is not a registered #oter of any precinct$ and 71 :uch information or data as may be required by the %ommission. The application for registration shall contain three .31 specimen signatures of the applicant) clear and legible rolled prints of his left and right thumbprints) with four .81 identification si e copies of his latest photograph) attached thereto) to be ta7en at the e"pense of the %ommission. -efore the applicant accomplishes his application for registration) the &lection (fficer shall inform him of the qualifications and disqualifications prescribed by law for a #oter) and thereafter) see to it that the accomplished application contains all the data therein required and that the applicant>s specimen signatures) fingerprints) and photographs are properly affi"ed in all copies of the #oter>s application. "ectio1 11. Dis!ualification. The following shall be disqualified from registering: a1 Any person who has been sentenced by final 4udgment to suffer imprisonment of not less than one ./1 year) such disability not ha#ing been remo#ed by plenary pardon or amnesty: !ro#ided) howe#er) That any person disqualified to #ote under this paragraph shall automatically reacquire the right to #ote upon e"piration of fi#e .61 years after ser#ice of sentence$ b1 Any person who has been ad4udged by final 4udgment by a competent court or tribunal of ha#ing committed any crime in#ol#ing disloyalty to the duly constituted go#ernment such as rebellion) sedition) #iolation of the firearms laws or any crime against national security) unless restored to his full ci#il and political rights in accordance with law: !ro#ided) That he shall automatically reacquire the right to #ote upon e"piration of fi#e .61 years after ser#ice of sentence$ and

c1 Ansane or incompetent persons declared as such by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent. "ectio1 12. Change of Residence to Another City or "unici#ality. Any registered #oter who has transferred residence to another city or municipality may apply with the &lection (fficer of his new residence for the transfer of his registration records. The application for transfer of registration shall be sub4ect to the requirements of notice and hearing and the appro#al of the &lection ,egistration -oard) in accordance with this Act. Bpon appro#al of the application for transfer) and after notice of such appro#al to the &lection (fficer of the former residence of the #oter) said &lection (fficer shall transmit by registered mail the #oter>s registration record to the &lection (fficer of the #oter>s new residence. "ectio1 13. Change of Address in the Same City or "unici#ality. Any #oter who has changed his address in the same city or municipality shall immediately notify the &lection (fficer in writing. Af the change of address in#ol#es a change in precinct) the -oard shall transfer his registration record to the precinct boo7 of #oters of his new precinct and notify the #oter of his new precinct All changes of address shall be reported to the office of the pro#incial election super#isor and the %ommission in ?anila. "ectio1 1,. $lliterate or Disabled A##licants. Any illiterate person may register with the assistance of the &lection (fficer or any member of an accredited citi en>s arms. The &lection (fficer shall place such illiterate person under oath) as7 him the questions) and record the answers gi#en in order to accomplish the application form in the presence of the ma4ority of the members of the -oard. The &lection (fficer or any member of an accredited citi en>s arm shall read the accomplished form aloud to the person assisted and as7 him if the information gi#en is true and correct The accomplished form shall be subscribed by the applicant in the presence of the -oard by means of thumbmar7 or some other customary mar7 and it shall be subscribed and attested by the ma4ority of the members of the -oard. The attestation shall state the name of the person assisted) the name of the &lection (fficer or the member of the accredited citi en>s arm who assisted the applicant) the fact that the &lection (fficer placed the applicant under oath) that the &lection (fficer or the member of the accredited citi en>s arm who assisted the applicant read the accomplished form to the person assisted) and that the person assisted affirmed its truth and accuracy) by placing his thumbmar7 or some other customary mar7 on the application in the presence of the -oard. The application for registration of a physically disabled person may be prepared by any relati#e within the fourth ci#il degree of consanguinity or affinity or by the &lection (fficer or any member of an accredited citi en>s arm using the data supplied by the applicant. The fact of illiteracy or disability shall be so indicated in the application. "ectio1 1-. Election Registration %oard.There shall be in each city and municipality as many as &lection ,egistration -oards as there are election officers therein. An thic7ly populated cities9municipalities) the %ommission may appoint additional election officers for such duration as may be necessary. The -oard shall be composed of the &lection (fficer as chairman and as members) the public school official most senior in ran7 and the local ci#il registrar) or in this absence) the city or municipal treasurer. An case of disqualification of the &lection (fficer) the %ommission shall designate an acting &lection (fficer who shall ser#e as %hairman of the &lection ,egistration -oard. An case of disqualification or non*a#ailability of the 'ocal ,egistrar or the ?unicipal Treasurer) the %ommission shall designate any other appointi#e ci#il ser#ice official from the same locality as substitute. +o member of the -oard shall be related to each other or to any incumbent city or municipal electi#e official within the fourth ci#il degree of consanguinity or affinity. Af in succeeding elections) any of the newly elected city or municipal officials is related to a member of the board within the fourth ci#il degree of consanguinity or affinity) such member is automatically disqualified to preser#e the integrity of the &lection ,egistration -oard. &#ery registered party and such organi ations as may be authori ed by the %ommission shall be entitled to a watcher in e#ery registration board. "ectio1 1.. Com#ensation of the "embers of the %oard. &ach member of the -oard shall be entitled to an honorarium to Two Fundred !esos .!2@@.@@1 for each day of actual ser#ice rendered in the -oard) which amount the %ommission may ad4ust e#ery three .31 years thereafter. +o member of the -oard shall be entitled to tra#elling e"penses. "ectio1 1/. &otice and 'earing of A##lications. Bpon receipt of applications for registration) the &lection (fficer shall set them for hearing) notice of which shall be posted in the city or municipal bulletin board and in his office for at least one ./1 wee7 before the hearing) and furnish copies thereof to the applicant concerned) the heads or representati#es of political parties) and other accredited groups or organi ations which acti#ely participate in the electoral process in the city or municipality. (n the date of the hearing) the &lection (fficer shall recei#e such e#idence for or against the applicant. A registrant whose application is not seasonably ob4ected to shall be notified in writing stating therein that no ob4ection was raised against his application and that he need not appear on the date set for the hearing of his application. !hysical presence of the applicant concerned shall) howe#er) be mandatory in all cases where ob4ections against his application ha#e been seasonably filed with the proper &lection ,egistration -oard for him to rebut or refute e#idence presented in opposition thereto. All applications for registration shall be heard and processed on a quarterly basis. For this purpose) the &lection ,egistration -oard shall meet and con#ene on the third ?onday of April) Euly) (ctober) and Eanuary of e#ery calendar year) or on the ne"t following wor7ing day if the designated days fail on a non*wor7ing holiday) e"cept in an election year to conform with the one hundred twenty ./2@1 days prohibiti#e period before election day. :hould one day be sufficient for the processing of all accepted applications) the -oard shall ad4ourn from day to day until all the applications shall ha#e been processed. "ectio1 18. Challenges to Right to Register. Any #oter) candidate or representati#e of a registered political party may challenge in writing any application for registration) stating the grounds therefor. The challenge shall be under oath and be attached to the application) together with the proof of notice of hearing to the challenger and the applicant. (ppositions to contest a registrant>s application for inclusion in the #oter>s list must) in all cases) be filed not later than the second ?onday of the month in which the same is scheduled to be heard or processed by the &lection ,egistration -oard. :hould the second ?onday of the month fall on a non*wor7ing holiday) oppositions may be filed on the ne"t following wor7ing day. The hearing on the challenge shall be heard on the third ?onday of the month and the decision shall be rendered before the end of the month. "ectio1 19. Po(er to Administer )ath and $ssue Summons. For purposes of determining the right of the applicants to be registered as a #oter) the &lection (fficer shall ha#e the power to administer oath) issue subpoena duces tecum and swear in witnesses. The fees and e"penses incidental thereto shall be paid in ad#ance by the party in whose behalf the summons is issued. "ectio1 20. A##ro*al and Disa##ro*al of A##lication. The &lection (fficer shall submit to the -oard all applications for registration filed) together with the e#idence recei#ed in connection therewith. The -oard shall) by ma4ority #ote) appro#e or disappro#e the applications. Bpon appro#al) the &lection (fficer shall assign a #oters identification number and issue the corresponding identification card to the registered #oter. Af the -oard disappro#es the application) the applicant shall be furnished with a certificate of disappro#al stating the ground therefor. An cases of appro#al or disappro#al) any aggrie#ed party may file a petition for e"clusion or inclusion) as the case may be) with the proper ?unicipal or ?etropolitan Trial %ourt as pro#ided for in this Act. "ectio1 21. Publication of Action on A##lication for Registration. Cithin fi#e .61 days from appro#al or disappro#al of application) the -oard shall post a notice in the bulletin board of the city or municipal hall and in the office of the &lection (fficer) stating the name and address of the applicant) the date of the application) and the action ta7en thereon. The &lection (fficer shall furnish a copy of such notice personally) or by registered mail or special deli#ery to the applicant and heads or representati#es of registered political parties in the city or municipality.

"ectio1 22. Preser*ation of Voter+s Registration Records. The &lection (fficer shall compile the original copies of the appro#ed applications for registration per precinct and arrange the same alphabetically according to surname. Fe shall preser#e the boo7 of #oters and ensure its integrity. The second and third copies of the registration records shall be sent to the pro#incial and national central files within three .31 days after the appro#al of the -oard. "ectio1 23. Pro*incial ,ile. There shall be a pro#incial file consisting of the duplicate copies of all registration records in each precinct of e#ery city and municipality in the pro#ince. At shall be in the custody of the !ro#incial &lection :uper#isor and shall be compiled and arranged by precinct) by municipality and alphabetically by surnames of #oters. :hould the boo7 of #oters in the custody of the &lection (fficer be lost or destroyed at a time so close to election day that there is no time to reconstitute the same) the corresponding boo7 of #oters in the pro#incial file shall be used during the #oting. "ectio1 2,. &ational Central ,ile.There shall be a national central file under the custody of the %ommission in ?anila consisting of the third copies of all appro#ed #oter registration records in each city or municipality. At shall be compiled by precinct in each city9municipality and arranged alphabetically by surname so as to ma7e the file a replica of the boo7 of #oters in the possession of the &lection (fficer. Thereafter a national list shall be prepared following the alphabetical arrangements of surnames of #oters. There shall be a national file consisting of the computeri ed #oters> list .%V'1) both in print and in dis7ette) submitted by the &lection (fficers in each city and municipality concerned) under the custody of the %ommission in ?anila. The computeri ed #oters> list shall ma7e use of a single and uniform computer program that will ha#e a detailed sorting capability to list #oters alphabetically by the precincts where they #ote) by the barangays) municipalities) cities or pro#inces where they reside and by their #oters identification number .VA+1. "ectio1 2-. Voter+s $dentification Card. The #oters identification card issued to the registered #oter shall ser#e as a document for his identification. An case of loss or destruction) no copy thereof may be issued e"cept to the registered #oter himself and only upon the authority of the %ommission. The %ommission shall adopt a design for the #oter>s identification card which shall be) as much as possible) tamper proof. At shall pro#ide the following: the name and address of the #oter) his date of birth) se") photograph) thumbmar7) and the number of precinct where he is registered) the signature of the #oter and the chairman of the &lection ,egistration -oard and the #oter>s identification number .VA+1. "ectio1 2.. Voter+s $dentification &umber -V$&.. The %ommission shall assign e#ery registered #oter a #oter>s identification number .V/+1 consisting of three parts) each separated by a dash. For e"ample: 56@/ *@@/</ *%/86-%D. a1 !art /: %urrent Address of the Voter /1 the first two digits 56 stand for the pro#ince$ and 21 The last two digits) @/) stand for the city) municipality) or a district) particularly in ?anila. The code assignment for pro#inces) cities and municipalities shall follow the Brban %ode de#ised by the +ational %ensus and :tatistics (ffice .+%:(1. b1 !art AA: %urrent !recinct Assignment of the Voter /1 The first four digits) @@/<) stand for the permanent number of the precinct where the #oter is currently assigned: and 21 The letter indicates whether it is a mother or a daughter precinct. The number assigned to the precinct in e#ery city or municipality shall be permanent but the #oter may transfer his precinct number. The VA+ reflects the current precinct assignment of the #oter. c1 !art AAA: !ermanent -irth and +ame %ode Bnique to the Voter /1 The letter) %) stands for the month) i.e.) A for Eanuary) - for February) and so forth$ 21 The ne"t two digits) /8) stand for the date of birth$ 31 The ne"t two digits) 6/) stand for the year of birth$ and 81 The last three letters) -%D) stand for the name code) i.e.) -ayani %ru Da#ide. The last three letters shall stand for the first letter of the first name) the middle name) and the last name in that order. The %ommission shall ensure that !art AAA hereof of the #oter>s identification number .VA+1 shall be permanent and unique to each #oter. Af necessary) the %ommission may e"pand and modify the same. d1 The combined birth and name code is assigned during the lifetime of e#ery #oter. Bpon transfer of the #oter to another precinct) the first two parts of the VA+ shall change. "ectio1 2/. Deacti*ation of Registration. The board shall deacti#ate the registration and remo#e the registration records of the following persons from the corresponding precinct boo7 of #oters and place the same) properly mar7ed and dated in indelible in7) in the inacti#e file after entering the cause or causes of deacti#ation: a1 Any person who has been sentenced by final 4udgment to suffer imprisonment for not less than one ./1 year) such disability not ha#ing been remo#ed by plenary pardon or amnesty: !ro#ided) howe#er) That any person disqualified to #ote under this paragraph shall automatically reacquire the right to #ote upon e"piration of fi#e .61 years after ser#ice of sentence as certified by the cler7s of courts of the ?unicipal9?unicipal %ircuit9?etropolitan9,egional Trial %ourts and the :andiganbayan$ b1 Any person who has been ad4udged by final 4udgment by a competent court or tribunal of ha#ing caused9committed any crime in#ol#ing disloyalty to the duly constituted go#ernment such as rebellion) sedition) #iolation of the anti*sub#ersion and firearms laws) or any crime against national security) unless restored to his full ci#il and political rights in accordance with law$ !ro#ided) That he shall regain his right to #ote automatically upon e"piration of fi#e .61 years after ser#ice of sentence$ c1 Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently remo#ed by a declaration of a proper authority that such person is no longer insane or incompetent$ d1 Any person who did not #ote in the two .21 successi#e preceding regular elections as shown by their #oting records. For this purpose) regular elections do not include the :angguniang Gabataan .:G1 elections$ e1 Any person whose registration has been ordered e"cluded by the %ourt$ and f1 Any person who has lost his Filipino citi enship. For this purpose) the cler7s of court for the ?unicipal9?unicipal %ircuit9?etropolitan9,egional Trial %ourts and the :andiganbayan shall furnish the &lection (fficer of the city or municipality concerned at the end of each month a certified list of persons who are disqualified under paragraph .a1 hereof) with their addresses. The %ommission may request a certified list of persons who ha#e lost their Filipino %iti enship or declared as insane or incompetent with their addresses from other go#ernment agencies. The &lection (fficer shall post in the bulletin board of his office a certified list of those persons whose registration were deacti#ated and the reasons therefor) and furnish copies thereof to the local heads of political parties) the national central file) pro#incial file) and the #oter concerned. "ectio1 28. Reacti*ation of Registration. Any #oter whose registration has been deacti#ated pursuant to the preceding :ection may file with the &lection (fficer a sworn application for reacti#ation of his registration in the form of an affida#it stating that the grounds for the deacti#ation no longer e"ist any time but not later than one hundred twenty ./2@1 days before a regular election and ninety .<@1 days before a special election.

The &lection (fficer shall submit said application to the &lection ,egistration -oard for appropriate action. An case the application is appro#ed) the &lection (fficer shall retrie#e the registration record from the inacti#e file and include the same in the corresponding precinct boo7 of #oters. 'ocal heads or representati#es of political parties shall be properly notified on appro#ed applications. "ectio1 29. Cancellation of Registration. The -oard shall cancel the registration records of those who ha#e died as certified by the 'ocal %i#il ,egistrar. The 'ocal %i#il ,egistrar shall submit each month a certified list of persons who died during the pre#ious month to the &lection (fficer of the place where the deceased are registered. An the absence of information concerning the place where the deceased is registered) the list shall be sent to the &lection (fficer of the city or municipality of the deceased>s residence as appearing in his death certificate. An any case) the 'ocal %i#il ,egistrar shall furnish a copy of this list to the national central file and the proper pro#incial file. The &lection (fficer shall post in the bulletin board of his office a list of those persons who died whose registrations were cancelled) and furnish copies thereof to the local heads of the political parties) the national central file) and the pro#incial file. "ectio1 30. Pre#aration and Posting of the Certified List of Voters. The -oard shall prepare and post certified list of #oters ninety .<@1 days before a regular election and si"ty .=@1 days before a special election and furnish copies thereof to the pro#incial) regional and national central files. %opies of the certified list) along with a certified list of deacti#ated #oters categori ed by precinct per barangay) within the same period shall li7ewise be posted in the office of the &lection (fficer and in the bulletin board of each city9municipal hall. Bpon payment of the fees as fi"ed by the %ommission) the candidates and heads of registered political parties shall also be furnished copies thereof. The -oard shall also furnish two .21 certified copies for said certified list of #oters) along with a certified list of deacti#ated #oters to the -oard of &lection Anspectors for posting in the polling place and for their reference on election day. "ectio1 31. Sealing of Precinct %oo/ of Voters. The -oard shall notify within fifteen ./61 days before the start of the campaign period of all registered political parties and members of the -oard of &lection Anspectors to inspect and #erify the completeness of the #oter>s registration records for each precinct compiled in the boo7 of #oters. After #erification and certification by the -oard of &lection Anspectors and party representati#es as to the completeness of the #oters> registration records in the precinct boo7 of #oters) the -oard shall seal the boo7 of #oters in the presence of the former at the start of the campaign period and ta7e custody of the same until their distribution to the -oard of &lection Anspectors on election day. The &lection (fficer shall deli#er the sealed precinct boo7 of #oters to the chairman of the -oard of &lection Anspectors when the latter secures its official ballots and other paraphernalia for election day. "ectio1 32. Common Rules Go*erning 0udicial1 Proceedings in the "atter of $nclusion1 E2clusion1 and Correction of &ames of Voters. a1 !etition for inclusion) e"clusion or correction of names of #oters shall be filed during office hours$ b1 +otice of the place) date and time of the hearing of the petition shall be ser#ed upon the members of the -oard and the challenged #oter upon filing of the petition. :er#ice of such notice may be made by sending a copy thereof by personal deli#ery) by lea#ing it in the possession of a person of sufficient discretion in the residence of the challenged #oter) or by registered mail. :hould the foregoing procedures not be practicable) the notice shall be posted in the bulletin board of the city or municipal hall and in two .21 other conspicuous places within the city or municipality$ c1 A petition shall refer only to one ./1 precinct and implead the -oard as respondents$ d1 +o costs shall be assessed against any party in these proceedings. Fowe#er) if the court should find that the application has been filed solely to harass the ad#erse party and cause him to incur e"penses) it shall order the culpable party to pay the costs and incidental e"penses$ e1 Any #oter) candidate or political party who may be affected by the proceedings may inter#ene and present his e#idence$ f1 The decision shall be based on the e#idence presented and in no case rendered upon a stipulation of facts. Af the question is whether or not the #oter is real or fictitious) his non*appearance on the day set for hearing shall be prima facie e#idence that the challenged #oter is fictitious$ and g1 The petition shall be heard and decided within ten ./@1 days from the date of its filing. %ases appealed to the ,egional Trial %ourt shall be decided within ten ./@1 days from receipt of the appeal. An all cases) the court shall decide these petitions not later than fifteen ./61 days before the election and the decision shall become final and e"ecutory. "ectio1 33. 0urisdiction in $nclusion and E2clusion Case. The ?unicipal and ?etropolitan Trial %ourts shall ha#e original and e"clusi#e 4urisdiction o#er all cases of inclusion and e"clusion of #oters in their respecti#e cities or municipalities. Decisions of the ?unicipal or ?etropolitan Trial %ourts may be appealed by the aggrie#ed party to the ,egional Trial %ourt within fi#e .61 days from receipt of notice thereof. (therwise) said decision shall become final and e"ecutory. The regional trial court shall decide the appeal within ten ./@1 days from the time it is recei#ed and the decision shall immediately become final and e"ecutory. +o motion for reconsideration shall be entertained. "ectio1 3,. Petition for $nclusion of Voters in the List. Any person whose application for registration has been disappro#ed by the -oard or whose name has been stric7en out from the list may file with the court a petition to include his name in the permanent list of #oters in his precinct at any time e"cept one hundred fi#e ./@61 days prior to a regular election or se#enty*fi#e .561 days prior to a special election. At shall be supported by a certificate of disappro#al of his application and proof of ser#ice of notice of his petition upon the -oard. The petition shall be decided within fifteen ./61 days after its filing. Af the decision is for the inclusion of #oters in the permanent list of #oters) the -oard shall place the application for registration pre#iously disappro#ed in the corresponding boo7 of #oters and indicate in the application for registration the date of the order of inclusion and the court which issued the same. "ectio1 3-. Petition for E2clusion of Voters from the List. Any registered #oters) representati#e of a political party or the &lection (fficer) may file with the court a sworn petition for the e"clusion of a #oter from the permanent list of #oters gi#ing the name) address and the precinct of the challenged #oter at any time e"cept one hundred ./@@1 days prior to a regular election or si"ty*fi#e .=61 days before a special election. The petition shall be accompanied by proof of notice to the -oard and to the challenged #oter and shall be decided within ten ./@1 days from its filing. Af the decision is for the e"clusion of the #oter from the list) the -oard shall) upon receipt of the final decision) remo#e the #oter>s registration record from the corresponding boo7 of #oters) enter the order of e"clusion therein) and thereafter place the record in the inacti#e file. "ectio1 3.. Verification of Registered Voters. The &lection officer shall) in order to preser#e the integrity of the permanent list of #oters) file e"clusion proceedings when necessary) and #erify the list of the registered #oters of any precinct by regular mail or house to house can#ass. The %ommission may enlist the help of representati#es of political parties and deputi e non*go#ernment organi ations .+D(s1) ci#ic organi ations and barangay officials to assist in the #erification and house to house can#ass of registered #oters in e#ery precinct. "ectio1 3/. Voter E2cluded Through $nad*ertence or Registered (ith an Erroneous or "iss#elled name. * Any registered #oter who has not been included in the precinct certified list of #oters or who has been included therein with a wrong or misspelled name may file with the -oard an application for reinstatement or correction of name. Af it is denied or not acted upon) he may file on any date with the proper ?unicipal %ircuit) ?unicipal or ?etropolitan Trial %ourt a petition for an order directing that his name be entered or corrected in the list. Fe shall attach to the petition a certified copy of his registration record or identification card or the entry of his name in the certified list of #oters used in the preceding election) together with the proof that his application was denied or not acted upon by the -oard and that he has ser#ed notice to the -oard. "ectio1 38. Voters E2cluded through $nad*ertence or Registered (ith an Erroneous or "is#elled &ame. * Any registered #oter whose registration record has not been included in the precinct boo7 of #oters) or whose name has been omitted in the list of #oters or who has been included therein with a wrong or mispelled name may file with the -oard an application for inclusion of his record) or reinstatement or correction of his name as the case may be. Af it is denied or not acted upon) the

#oter may file on any date with the proper ?unicipal or ?etropolitan Trial %ourt a petition for an order directing that the #oter>s name be entered or corrected in the list. The #oters shall attach to the petition a certified true copy of his registration record or identification card or the entry of his name in the list of #oters used in the preceding election) together with proof that his application was denied or not acted upon by the -oard and that he has ser#ed notice thereof to the -oard. "ectio1 39. Annulment at %oo/ of Voters. The %ommission shall) upon #erified petition of any #oter or election officer or duly registered political party) and after notice and hearing) annul any boo7 of #oters that is not prepared in accordance with the pro#isions of this Act or was prepared through fraud) bribery) forgery) impersonation) intimidation) force or any similar irregularity) or which contains data that are statistically improbable. +o order) ruling or decision annulling a boo7 of #oters shall be e"ecuted within ninety .<@1 days before an election. "ectio1 ,0. Reconstitution of Lost or Destroyed Registration Records. The %ommission shall reconstitute all registration records which ha#e been lost or destroyed by using the corresponding copies of the pro#incial or national central files. An case of conflict the %ommission shall determine which file shall be used for reconstitution purposes. Af this is not feasible) the %ommission shall conduct a general registration of #oters in the affected area: !ro#ided) That there is a scheduled election before the ne"t scheduled general registration of #oters in accordance with the (mnibus &lection %ode. All such #oters shall retain their #oter>s identification number. ,econstituted forms shall be clearly mar7ed with the word "reconstituted." At shall be the duty of the &lection (fficer to immediately report to the %ommission any case of loss or destruction of registration record in his custody. The reconstitution of any lost or destroyed registration records shall not affect the criminal liability of any person who is responsible for such loss or destruction. "ectio1 ,1. E2amination of Registration Records. All registration records9computeri ed #oters list in the possession of the &lection officer) the !ro#incial &lection :uper#isor) and the %ommission in ?anila shall) during regular office hours) be open to e"amination by the public for legitimate inquiries on election related matters) free from any charge or access fee. 'aw enforcement agencies may) upon prior authori ation and sub4ect to regulations promulgated by the %ommission) ha#e access to said registration records should the same be necessary to and in aid of their in#estigati#e functions and duties. "ectio1 ,2. Right to $nformation. * The duly authori ed representati#e of a registered political party or of a bonafide candidate shall ha#e the right to inspect and9or copy at their e"pense the accountable registration forms and9or the list of registered #oters in the precincts constituting the constituency of the bonafide candidate or at which the political party is fielding candidates. The inspection and copying shall be conducted during business hours of the %ommission and shall be sub4ect to reasonable regulations. "ectio1 ,3. Com#uteri3ation at Permanent List of Voters. * A permanent and computeri ed list arranged by precinct) city or municipality) pro#ince and region shall be prepared by the %ommission. Thereafter) another list shall be prepared consisting of the names of the #oters) arranged alphabetically according to surnames. The computer print*outs of the list of #oters duly certified by the -oard are official documents and shall be used for #oting and other election related purposes as well as for legitimate research needs. The total number of #oters in the permanent list shall be the basis for the printing of the official ballots by the %ommission. "ectio1 ,,. Reassignment of Election )fficers. +o &lection (fficer shall hold office in a particular city or municipality for more than four .81 years. Any election officer who) either at the time of the appro#al of this Act or subsequent thereto) has ser#ed for at least four .81 years in a particular city or municipality shall automatically be reassigned by the %ommission to a new station outside the original congressional district. "ectio1 ,-. Election )ffenses. * The following shall be considered election offenses under this Act: a1 to deli#er) hand o#er) entrust or gi#e) directly or indirectly) his #oter>s identification card to another in consideration of money or other benefit of promise$ or ta7e or accept such #oter>s identification card) directly or indirectly) by gi#ing or causing the gi#ing or money or other benefit or ma7ing or causing the ma7ing of a promise therefore$ b1 to fail) without cause) to post or gi#e any of the notices or to ma7e any of the reports re*acquired under this Act$ c1 to issue or cause the issuance of a #oter>s identification number or to cancel or cause the cancellation thereof in #iolation of the pro#isions of this Act$ or to refuse the issuance of registered #oters their #oter>s identification card$ d1 to accept an appointment) to assume office and to actually ser#e as a member of the &lection ,egistration -oard although ineligible thereto) to appoint such ineligible person 7nowing him to be ineligible$ e1 to interfere with) impede) abscond for purpose of gain or to pre#ent the installation or use of computers and de#ices and the processing) storage) generation) and transmission of registration data or information$ f1 to gain) cause access to use) alter) destroy) or disclose any computer data) program) system software) networ7) or any computer*related de#ices) facilities) hardware or equipment) whether classified or declassified$ g1 failure to pro#ide certified #oters and deacti#ated #oters list to candidates and heads of representati#es of political parties upon written request as pro#ided in :ection 3@ hereof$ h1 failure to include the appro#ed application form for registration of a qualified #oter in the boo7 of #oters of a particular precinct or the omission of the name of a duly registered #oter in the certified list of #oters of the precinct where he is duly) registered resulting in his failure to cast his #ote during an election) plebiscite) referendum) initiati#e and9or recall. The presence of the form or name in the boo7 of #oters or certified list of #oters in precincts other than where he is duly registered shall not be an e"cuse hereof$ i1 the posting of a list of #oters outside or at the door of a precinct on the day of an election) plebiscite) referendum) initiati#e and9or recall) and which list is different in contents from the certified list of #oters being used by the -oard of &lection Anspectors$ and 41 Violation of the pro#isions of this Act. "ectio1 ,.. Penalties. Any person found guilty of any &lection offense under this Act shall be punished with imprisonment of not less than one ./1 year but not more than si" .=1 years and shall not be sub4ect to probation. An addition) the guilty party shall be sentenced to suffer disqualification to hold public office and depri#ation of the right of suffrage. Af he is a foreigner) he shall be deported after the prison term has been ser#ed. Any political party found guilty shall be sentenced to pay a fine of not less than (ne hundred thousand pesos .!/@@)@@@1 but not more than Fi#e hundred thousand pesos .!6@@)@@@1. "ectio1 ,/. ,unding. The amount of Two billion pesos .2)@@@)@@@)@@@1 is hereby included in the Deneral Appropriations Act for the fiscal year /<<5 to defray the e"penses for the registration acti#ities. "ectio1 ,8. "ulti4#artisan "onitoring and E*aluation Committee. A ?onitoring and &#aluation %ommittee is hereby created composed of se#en .51 members to be based on party representation of the se#en .51 ma4or political parties that fielded presidential candidates in the /<<2 synchroni ed elections. The %ommittee is an ad hoc body attached to the %ommission but not sub4ect to its super#ision and control. The tas7 of the %ommittee is to monitor and e#aluate the system) procedures or guidelines prepared by the %ommission for the conduct of the general registration and the continuing system of registration in accordance with this Act. The %ommittee shall prepare two reports outlining the findings and recommendations for immediate action or institution of correcti#e measures by the %ommission and9or %ongress. The first report shall be submitted to the %ommission and %ongress three .31 months before the holding of the general registration. The second report shall be due at the end of the year on the initial implementation of the system of continuing registration.

The amount not less than Fifty million pesos .!6@)@@@)@@@1 but not more than (ne hundred million pesos .!/@@)@@@)@@@1 is hereby allocated from the Two billion pesos .!2)@@@)@@@)@@@1 allocation pro#ided in the preceding section for the operations of the %ommittee. This amount shall be held in trust by the %ommission sub4ect to the usual accounting and auditing procedures. "ectio1 ,9. Rules and Regulations. * The %ommission shall promulgate the necessary rules and regulations to implement the pro#isions of this Act not later than ninety .<@1 days before the first day of registration as pro#ided for in this Act. R$P(&)IC ACT No. /9,1 AN ACT PROVI IN! FOR T+$ $)$CTION OF PART#2)I"T R$PR$"$NTATIV$" T+RO(!+ T+$ PART#2)I"T "#"T$%, AN APPROPRIATIN! F(N " T+$R$FOR "ectio1 1. Title. This Act shall be 7nown as the "!arty*'ist :ystem Act." "ectio1 2. Declaration of #art y. The :tate shall promote proportional representation in the election of representati#es to the Fouse of ,epresentati#es through a party*list system of registered national) regional and sectoral parties or organi ations or coalitions thereof) which will enable Filipino citi ens belonging to marginali ed and under*represented sectors) organi ations and parties) and who lac7 well*defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole) to become members of the Fouse of ,epresentati#es. Towards this end) the :tate shall de#elop and guarantee a full) free and open party system in order to attain the broadcast possible representation of party) sectoral or group interests in the Fouse of ,epresentati#es by enhancing their chances to compete for and win seats in the legislature) and shall pro#ide the simplest scheme possible. "ectio1 3. Definition of Terms. .a1 The party*list system is a mechanism of proportional representation in the election of representati#es to the Fouse of ,epresentati#es from national) regional and sectoral parties or organi ations or coalitions thereof registered with the %ommission on &lections .%(?&'&%1. %omponent parties or organi ations of a coalition may participate independently pro#ided the coalition of which they form part does not participate in the party*list system. .b1 A party means either a political party or a sectoral party or a coalition of parties. .c1 A political party refers to an organi ed group of citi ens ad#ocating an ideology or platform) principles and policies for the general conduct of go#ernment and which) as the most immediate means of securing their adoption) regularly nominates and supports certain of its leaders and members as candidates for public office. At is a national party when its constituency is spread o#er the geographical territory of at least a ma4ority of the regions. At is a regional party when its constituency is spread o#er the geographical territory of at least a ma4ority of the cities and pro#inces comprising the region. .d1 A sectoral party refers to an organi ed group of citi ens belonging to any of the sectors enumerated in :ection 6 hereof whose principal ad#ocacy pertains to the special interest and concerns of their sector) .e1 A sectoral organi ation refers to a group of citi ens or a coalition of groups of citi ens who share similar physical attributes or characteristics) employment) interests or concerns. .f1 A coalition refers to an aggrupation of duly registered national) regional) sectoral parties or organi ations for political and9or election purposes. "ectio1 ,. "anifestation to Partici#ate in the Party4List System. Any party) organi ation) or coalition already registered with the %ommission need not register anew. Fowe#er) such party) organi ation) or coalition shall file with the %ommission) not later than ninety .<@1 days before the election) a manifestation of its desire to participate in the party*list system. "ectio1 -. Registration. Any organi ed group of persons may register as a party) organi ation or coalition for purposes of the party*list system by filing with the %(?&'&% not later than ninety .<@1 days before the election a petition #erified by its president or secretary stating its desire to participate in the party*list system as a national) regional or sectoral party or organi ation or a coalition of such parties or organi ations) attaching thereto its constitution) by*laws) platform or program of go#ernment) list of officers) coalition agreement and other rele#ant information as the %(?&'&% may require: !ro#ided) That the sectors shall include labor) peasant) fisherfol7) urban poor) indigenous cultural communities) elderly) handicapped) women) youth) #eterans) o#erseas wor7ers) and professionals. The %(?&'&% shall publish the petition in at least two .21 national newspapers of general circulation. The %(?&'&% shall) after due notice and hearing) resol#e the petition within fifteen ./61 days from the date it was submitted for decision but in no case not later than si"ty .=@1 days before election. "ectio1 .. Refusal and5or Cancellation of Registration. The %(?&'&% may) motu propio or upon #erified complaint of any interested party) refuse or cancel) after due notice and hearing) the registration of any national) regional or sectoral party) organi ation or coalition on any of the following grounds: ./1 At is a religious sect or denomination) organi ation or association) organi ed for religious purposes$ .21 At ad#ocates #iolence or unlawful means to see7 its goal$ .31 At is a foreign party or organi ation$ .81 At is recei#ing support from any foreign go#ernment) foreign political party) foundation) organi ation) whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes$ .61 At #iolates or fails to comply with laws) rules or regulations relating to elections$ .=1 At declares untruthful statements in its petition$ .51 At has ceased to e"ist for at least one ./1 year$ or .01 At fails to participate in the last two .21 preceding elections or fails to obtain at least two per centum .2H1 of the #otes cast under the party*list system in the two .21 preceding elections for the constituency in which it has registered. "ectio1 /. Certified List of Registered Parties. The %(?&'&% shall) not later than si"ty .=@1 days before election) prepare a certified list of national) regional) or sectoral parties) organi ations or coalitions which ha#e applied or who ha#e manifested their desire to participate under the party*list system and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the part y*list nominees shall not be shown on the certified list. "ectio1 8. &omination of Party4List Re#resentati*es. &ach registered party) organi ation or coalition shall submit to the %(?&'&% not later than forty*fi#e .861 days before the election a list of names) not less than fi#e .61) from which party*list representati#es shall be chosen in case it obtains the required number of #otes. A person may be nominated in one ./1 list only. (nly persons who ha#e gi#en their consent in writing may be named in the list. The list shall not include any candidate for any electi#e office or a person who has lost his bid for an electi#e office in the immediately preceding election. +o change of names or alteration of the order of nominees shall be allowed after the same shall ha#e been submitted to the %(?&'&% e"cept in cases where the nominee dies) or withdraws in writing his nomination) becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list. Ancumbent sectoral representati#es in the Fouse of ,epresentati#es who are nominated in the party*list system shall not be considered resigned. "ectio1 9. 6ualifications of Party4List &ominees. +o person shall be nominated as party*list representati#e unless he is a natural*born citi en of the !hilippines) a registered #oter) a resident of the !hilippines for a period of not less than one ./1year immediately preceding the day of the election) able to read and write) a bona fide member of the party or organi ation which he see7s to represent for at least ninety .<@1 days preceding the day of the election) and is at least twenty*fi#e .261 years of age on the day of the election.

An case of a nominee of the youth sector) he must at least be twenty*fi#e .261 but not more than thirty .3@1 years of age on the day of the election. Any youth sectoral representati#e who attains the age of thirty .3@1 during his term shall be allowed to continue in office until the e"piration of his term. "ectio1 10. "anner of Voting. &#ery #oter shall be entitled to two .21 #otes: the first is a #ote for candidate for member of the Fouse of ,epresentati#es in his legislati#e district) and the second) a #ote for the party) organi ations) or coalition he wants represented in the house of ,epresentati#es: !ro#ided) That a #ote cast for a party) sectoral organi ation) or coalition not entitled to be #oted for shall not be counted: !ro#ided) finally) That the first election under the party*list system shall be held in ?ay /<<0. The %(?&'&% shall underta7e the necessary information campaign for purposes of educating the electorate on the matter of the party*list system. "ectio1 11. &umber of Party4List Re#resentati*es. The party*list representati#es shall constitute twenty per centum .2@H1 of the total number of the members of the Fouse of ,epresentati#es including those under the party*list. For purposes of the ?ay /<<0 elections) the first fi#e .61 ma4or political parties on the basis of party representation in the Fouse of ,epresentati#es at the start of the Tenth %ongress of the !hilippines shall not be entitled to participate in the party*list system. An determining the allocation of seats for the second #ote) the following procedure shall be obser#ed: .a1 The parties) organi ations) and coalitions shall be ran7ed from the highest to the lowest based on the number of #otes they garnered during the elections. .b1 The parties) organi ations) and coalitions recei#ing at least two percent .2H1 of the total #otes cast for the party*list system shall be entitled to one seat each: !ro#ided) That those garnering more than two percent .2H1 of the #otes shall be entitled to additional seats in proportion to their total number of #otes : !ro#ided) finally) That each party) organi ation) or coalition shall be entitled to not more than three .31 seats. "ectio1 12. Procedure in Allocating Seats for Party4List Re#resentati*es. The %(?&'&% shall tally all the #otes for the parties) organi ations) or coalitions on a nationwide basis) ran7 them according to the number of #otes recei#ed and allocate party*list representati#es proportionately according to the percentage of #otes obtained by each party) organi ation) or coalition as against the total nationwide #otes cast for the party*list system. "ectio1 13. 'o( Party4List Re#resentati*es are Chosen. !arty*list representati#es shall be proclaimed by the %(?&'&% based on the list of names submitted by the respecti#e parties) organi ations) or coalitions to the %(?&'&% according to their ran7ing in said list. "ectio1 1,. Term of )ffice. !arty*list representati#es shall be elected for a term of three .31 years which shall begin) unless otherwise pro#ided by law) at noon on the thirtieth day of Eune ne"t following their election. +o party*list representati#es shall ser#e for more than three .31 consecuti#e terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity his ser#ice for the full term for which he was elected. "ectio1 1-. Change of Affiliation7 Effect. Any elected party*list representati#e who changes his political party or sectoral affiliation during his term of office shall forfeit his seat: !ro#ided) That if he changes his political party or sectoral affiliation within si" .=1 months before an election) he shall not be eligible for nomination as party* list representati#e under his new party or organi ation. "ectio1 1.. Vacancy. An case of #acancy in the seats reser#ed for party*list representati#es) the #acancy shall be automatically filled by the ne"t representati#e from the list of nominees in the order submitted to the %(?&'&% by the same party) organi ation) or coalition) who shall ser#e for the une"pired term. Af the list is e"hausted) the party) organi ation coalition concerned shall submit additional nominees. "ectio1 1/. Rights of Party4List Re#resentati*es. !arty*'ist ,epresentati#es shall be entitled to the same salaries and emoluments as regular members of the Fouse of ,epresentati#es. "ectio1 18. Rules and Regulations. The %(?&'&% shall promulgate the necessary rules and regulations as may be necessary to carry out the purposes of this Act. "ectio1 19. A##ro#riations. The amount necessary for the implementation of this Act shall be pro#ided in the regular appropriations for the %ommission on &lections starting fiscal year /<<= under the Deneral Appropriations Act. :tarting /<<6) the %(?&'&% is hereby authori ed to utili e sa#ings and other a#ailable funds for purposes of its information campaign on the party*list system. !.R. No. 1/92/1 April 21, 2009 &ARAN!A# A""OCIATION FOR NATIONA) A VANC$%$NT AN TRAN"PAR$NC# 3&ANAT4, !etitioner) #s. CO%%I""ION ON $)$CTION" 35itti16 a5 t7e Natio1al &oar8 o9 Ca1:a55er54, ,espondent. ART" &("IN$"" AN "CI$NC$ PROF$""IONA)", Anter#enor. AAN!AT TA#O, Anter#enor. COA)ITION OF A""OCIATION" OF "$NIOR CITI*$N" IN T+$ P+I)IPPIN$", INC. 3"$NIOR CITI*$N"4, Anter#enor. " * * * * * * * * * * * * * * * * * * * * * * *" !.R. No. 1/929April 21, 2009 &A#AN %(NA, A VOCAC# FOR T$AC+$R $%PO;$R%$NT T+RO(!+ ACTION, COOP$RATION AN +AR%ON# TO;AR " $ (CATIONA) R$FOR%", INC., a18 A&ONO, !etitioners) #s. CO%%I""ION ON $)$CTION", ,espondent. $CI"ION CARPIO, J.: T7e Ca5e !etitioner in D.,. +o. /5<25/ I -arangay Association for +ational Ad#ancement and Transparency .-A+AT1 I in a petition for certiorari and mandamus) / assails the ,esolution2 promulgated on 3 August 2@@5 by the %ommission on &lections .%(?&'&%1 in +-% +o. @5*@8/ .!'1. The %(?&'&%>s resolution in +-% +o. @5* @8/ .!'1 appro#ed the recommendation of Atty. Alioden D. Dalaig) Fead of the +ational -oard of %an#assers .+-%1 'egal Droup) to deny the petition of -A+AT for being moot. -A+AT filed before the %(?&'&% &n -anc) acting as +-%) a Petition to Proclaim the ,ull &umber of Party4List Re#resentati*es Pro*ided by the Constitution. The following are inter#enors in D.,. +o. /5<25/: Arts -usiness and :cience !rofessionals .A-:1) Aangat Tayo .AT1) and %oalition of Associations of :enior %iti ens in the !hilippines) Anc. .:enior %iti ens1. !etitioners in D.,. +o. /5<2<6 I -ayan ?una) Abono) and Ad#ocacy for Teacher &mpowerment Through Action) %ooperation and Farmony Towards &ducational ,eforms .A Teacher1 I in a petition for certiorari with mandamus and prohibition) 3 assails +-% ,esolution +o. @5*=@8 promulgated on < Euly 2@@5. +-% +o. @5*=@ made a partial proclamation of parties) organi ations and coalitions that obtained at least two percent of the total #otes cast under the !arty*'ist :ystem. The %(?&'&% announced that) upon completion of the can#ass of the party*list results) it would determine the total number of seats of each winning party) organi ation) or coalition in accordance with Veterans ,ederation Party *. C)"ELEC6 .Veterans1. &strella D' :antos) in her capacity as !resident and First +ominee of the Veterans Freedom !arty) filed a motion to inter#ene in both D.,. +os. /5<25/ and /5<2<6. T7e Fact5

The /8 ?ay 2@@5 elections included the elections for the party*list representati#es. The %(?&'&% counted /6)<6@)<@@ #otes cast for <3 parties under the !arty*'ist :ystem.= (n 25 Eune 2@@2) -A+AT filed a Petition to Proclaim the ,ull &umber of Party4List Re#resentati*es Pro*ided by the Constitution ) doc7eted as +-% +o. @5*@8/ .!'1 before the +-%. -A+AT filed its petition because "JtKhe %hairman and the ?embers of the J%(?&'&%K ha#e recently been quoted in the national papers that the J%(?&'&%K is duty bound to and shall implement the Veterans ruling) that is) would apply the !anganiban formula in allocating party*list seats."5 There were no inter#enors in -A+AT>s petition before the +-%. -A+AT filed a memorandum on /< Euly 2@@5. (n < Euly 2@@5) the %(?&'&%) sitting as the +-%) promulgated +-% ,esolution +o. @5*=@. +-% ,esolution +o. @5*=@ proclaimed thirteen ./31 parties as winners in the party*list elections) namely: -uhay Fayaan Lumabong .-BFAL1) -ayan ?una) %iti ens> -attle Against %orruption .%A-A%1) Dabriela>s Comen !arty .Dabriela1) Association of !hilippine &lectric %ooperati#es .A!&%1) A Teacher) A7bayanM %iti en>s Action !arty .AG-ALA+1) Alagad) 'u on Farmers !arty .-BTA'1) %ooperati#e*+atco +etwor7 !arty .%((!*+AT%%(1) Ana7 !awis) Alliance of ,ural %oncerns .A,%1) and Abono. Ce quote +-% ,esolution +o. @5*=@ in its entirety below: CF&,&A:) the %ommission on &lections sitting en banc as +ational -oard of %an#assers) thru its :ub*%ommittee for !arty*'ist) as of @3 Euly 2@@5) had officially can#assed) in open and public proceedings) a total of 9i9tee1 <illio1 t=o 7u18re8 ei67ty t7ree t7ou5a18 5i> 7u18re8 9i9ty21i1e 31-,283,.-94 #otes under the !arty*'ist :ystem of ,epresentation) in connection with the +ational and 'ocal &lections conducted last /8 ?ay 2@@5$ CF&,&A:) the study conducted by the 'egal and Tabulation Droups of the +ational -oard of %an#assers re#eals that the pro4ected9ma"imum total party*list #otes cannot go any higher than 5i>tee1 <illio1 5e:e1 7u18re8 t=e1ty t7ree t7ou5a18 o1e 7u18re8 t=e1ty2o1e 31.,/23,1214 #otes gi#en the following statistical data: Pro?ecte8@%a>i<u< Party2)i5t Vote5 9or %ay 200/ $lectio15 i. ii. iii. Total party*list #otes already can#assed9tabulated Total party*list #otes remaining uncan#assed9 untabulated .i.e. can#ass deferred1 ?a"imum party*list #otes .based on /@@H outcome1 from areas not yet submitted for can#ass .-ogo) %ebu$ -ais %ity$ !antar) 'anao del +orte$ and !agalungan) ?aguindanao1 %a>i<u< Total Party2)i5t Vote5 /6)203)=6< /)335)@32 /@2)83@

1.,/23,121

CF&,&A:) :ection // of ,epublic Act +o. 5<8/ .!arty*'ist :ystem Act1 pro#ides in part: The parties) organi ations) and coalitions recei#ing at least two percent .2H1 of the total #otes cast for the party*list system shall be entitled to one seat each: pro#ided) that those garnering more than two percent .2H1 of the #otes shall be entitled to additional seats in proportion to their total number of #otes: pro#ided) finally) that each party) organi ation) or coalition shall be entitled to not more than three .31 seats. CF&,&A:) for the 2@@5 &lections) based on the abo#e pro4ected total of party*list #otes) the presumpti#e two percent .2H1 threshold can be pegged at t7ree 7u18re8 t7irty 9our t7ou5a18 9our 7u18re8 5i>ty2t=o 333,,,.24 #otes$ CF&,&A:) the :upreme %ourt) in Citi3en+s %attle Against Corru#tion -C$%AC. *ersus C)"ELEC) reiterated its ruling in Veterans ,ederation Party *ersus C)"ELEC adopting a formula for the additional seats of each party) organi ation or coalition rece#ing more than the required two percent .2H1 #otes) stating that the same shall be determined only after all party*list ballots ha#e been completely can#assed$ CF&,&A:) the parties) organi ations) and coalitions that ha#e thus far garnered at least t7ree 7u18re8 t7irty 9our t7ou5a18 9our 7u18re8 5i>ty2t=o 333,,,.24 #otes are as follows: RANA / 2 3 8 6 = 5 0 < /@ // /2 /3 PART#@OR!ANI*ATION@ COA)ITION -BFAL -ALA+ ?B+A %A-A% DA-,A&'A A!&% A T&A%F&, AG-ALA+ A'ADAD -BTA' %((!*+AT%( -ATA: A+AG !ACA: A,% VOT$" R$C$IV$ /)/=3)2/0 <52)53@ 5=@)2=@ =/@)86/ 630)<5/ 85=)@3= 85@)052 823)@5= 8@6)@62 3<@)@2< 30=)3=/ 35=)@3= 330)/<8

/8

A-(+(

335)@8=

CF&,&A:) e"cept for -agong Alyansang Tagapagtaguyod ng Adhi7aing :ambayanan .-ATA:1) against which an 8RGE&T PET$T$)& ,)R CA&CELLAT$)&5RE")VAL ), REG$STRAT$)& A&D D$S68AL$,$CAT$)& ), PART94L$ST &)"$&EE - ith Prayer for the $ssuance of Restraining )rder. has been filed before the %ommission) doc7eted as :!% +o. @5*26@) all the parties) organi ations and coalitions included in the aforementioned list are therefore entitled to at least one seat under the party*list system of representation in the meantime. +(C) TF&,&F(,&) by #irtue of the powers #ested in it by the %onstitution) the (mnibus &lection %ode) &"ecuti#e (rder +o. /88) ,epublic Act +os. ==8=) 5/==) 5<8/) and other election laws) the %ommission on &lections) sitting en banc as the +ational -oard of %an#assers) hereby ,&:('V&: to !A,TAA''L !,(%'AA?) sub4ect to certain conditions set forth below) the following parties) organi ations and coalitions participating under the !arty*'ist :ystem: / 2 3 8 6 = 5 0 < -uhay Fayaan Lumabong -ayan ?una %iti ens -attle Against %orruption Dabriela Comen>s !arty Association of !hilippine &lectric %ooperati#es Ad#ocacy for Teacher &mpowerment Through Action) %ooperation and Farmony Towards &ducational ,eforms) Anc. A7bayanM %iti en>s Action !arty Alagad 'u on Farmers !arty -BFAL -ALA+ ?B+A %A-A% DA-,A&'A A!&% A T&A%F&, AG-ALA+ A'ADAD -BTA' %((!*+AT%%( A+AG!ACA: A,% A-(+(

/@ %ooperati#e*+atco +etwor7 !arty // Ana7 !awis /2 Alliance of ,ural %oncerns /3 Abono

This is without pre4udice to the proclamation of other parties) organi ations) or coalitions which may later on be established to ha#e obtained at least two percent .2H1 of the total actual #otes cast under the !arty*'ist :ystem. The total number of seats of each winning party) organi ation or coalition shall be determined pursuant to Veterans ,ederation Party *ersus C)"ELEC formula upon completion of the can#ass of the party*list results. The proclamation of -agong Alyansang Tagapagtaguyod ng Adhi7aing :ambayanan .-ATA:1 is hereby deferred until final resolution of :!% +o. @5*26@) in order not to render the proceedings therein moot and academic. Finally) all proclamation of the nominees of concerned parties) organi ations and coalitions with pending disputes shall li7ewise be held in abeyance until final resolution of their respecti#e cases. 'et the %ler7 of the %ommission implement this ,esolution) furnishing a copy thereof to the :pea7er of the Fouse of ,epresentati#es of the !hilippines. :( (,D&,&D.0 .&mphasis in the original1 !ursuant to +-% ,esolution +o. @5*=@) the %(?&'&%) acting as +-%) promulgated +-% ,esolution +o. @5*52) which declared the additional seats allocated to the appropriate parties. Ce quote from the %(?&'&%>s interpretation of the Veterans formula as found in +-% ,esolution +o. @5*52: CF&,&A:) on Euly <) 2@@5) the %ommission on &lections sitting en banc as the +ational -oard of %an#assers proclaimed thirteen ./31 qualified parties) organi ationJsK and coalitions based on the presumpti#e two percent .2H1 threshold of 338)8=2 #otes from the pro4ected ma"imum total number of party*list #otes of /=)523)/2/) and were thus gi#en one ./1 guaranteed party*list seat each$ CF&,&A:) per ,eport of the Tabulation Droup and :uper#isory %ommittee of the +ational -oard of %an#assers) the pro4ected ma"imum total party*list #otes) as of Euly //) 2@@5) based on the #otes actually can#assed) #otes can#assed but not included in ,eport +o. 2<) #otes recei#ed but uncan#assed) and ma"imum #otes e"pected for !antar) 'anao del +orte) is /=)2=/)3=<$ and that the pro4ected ma"imum total #otes for the thirteen ./31 qualified parties) organi ations and coalitionJsK are as follows: Party2)i5t / 2 3 8 6 -BFAL -ALA+ ?B+A %A-A% DA-,A&'A A!&% Pro?ecte8 total 1u<ber o9 :ote5 /)/50)585 <55)85= 566)<=8 =2/)5/0 =22)80<

= 5 0 < /@ // /2 /3

A T&A%F&, AG-ALA+ A'ADAD -BTA' %((!*+AT%( A+AG!ACA: A,% A-(+(

8<2)3=< 8=2)=58 823)/<@ 8@<)2<0 8/2)<2@ 35@)/=6 356)08= 38@)/6/

CF&,&A:) based on the abo#e ,eport) %uhay 'ayaan 9umabong .-uhay1 obtained the highest number of #otes among the thirteen ./31 qualified parties) organi ations and coalitions) ma7ing it the "first party" in accordance with Veterans ,ederation Party *ersus C)"ELEC ) reiterated in Citi3en+s %attle Against Corru#tion -C$%AC. *ersus C)"ELEC $ CF&,&A:) qualified parties) organi ations and coalitions participating under the party*list system of representation that ha#e obtained one guaranteed ./1 seat may be entitled to an additional seat or seats based on the formula prescribed by the :upreme %ourt in Veterans$ CF&,&A:) in determining the additional seats for the "first party") the correct formula as e"pressed in Veterans) is: +umber of #otes of first party Total #otes for party*list system N !roportion of #otes of first party relati#e to total #otes for party*list system A88itio1al 5eat5 Two .21 additional seats (ne ./1 additional seat +o additional seat

wherein the proportion of #otes recei#ed by the first party .without rounding off1 shall entitle it to additional seats: Proportio1 o9 :ote5 recei:e8 by t7e 9ir5t party &qual to or at least =H &qual to or greater than 8H but less than =H 'ess than 8H CF&,&A:) applying the abo#e formula) -uhay obtained the following percentage: /)/50)585 /=)2=/)3=< N @.@5280 or 5.2H

which entitles it to two .21 additional seats. CF&,&A:) in determining the additional seats for the other qualified parties) organi ations and coalitions) the correct formula as e"pressed in Veterans and reiterated in C$%AC is) as follows: Additional seats for a concerned party N +o. of #otes of concerned party +o. of #otes of first party Perce1ta6e /.=6 /.20 /.@6 /.@6 @.03 @.50 @.5/ @.=< " +o. of additional seats allocated to first party

CF&,&A:) applying the abo#e formula) the results are as follows: Party )i5t -ALA+ ?B+A %A-A% DA-,A&'A A!&% A T&A%F&, AG-ALA+ A'ADAD -BTA' A88itio1al "eat / / / / @ @ @ @

%((!*+AT%( A+AG!ACA: A,% A-(+(

@.=< @.=2 @.=3 @.65

@ @ @ @

+(C TF&,&F(,&) by #irtue of the powers #ested in it by the %onstitution) (mnibus &lection %ode) &"ecuti#e (rder +o. /88) ,epublic Act +os. ==8=) 5/==) 5<8/ and other elections laws) the %ommission on &lections en banc sitting as the +ational -oard of %an#assers) hereby ,&:('V&D) as it hereby ,&:('V&:) to proclaim the following parties) organi ations or coalitions as entitled to additional seats) to wit: Party )i5t -BFAL -ALA+ ?B+A %A-A% DA-,A&'A A!&% A88itio1al "eat5 2 / / / /

This is without pre4udice to the proclamation of other parties) organi ations or coalitions which may later on be established to ha#e obtained at least two per cent .2H1 of the total #otes cast under the party*list system to entitle them to one ./1 guaranteed seat) or to the appropriate percentage of #otes to entitle them to one ./1 additional seat. Finally) all proclamation of the nominees of concerned parties) organi ations and coalitions with pending disputes shall li7ewise be held in abeyance until final resolution of their respecti#e cases. 'et the +ational -oard of %an#assers :ecretariat implement this ,esolution) furnishing a copy hereof to the :pea7er of the Fouse of ,epresentati#es of the !hilippines. :( (,D&,&D.< Acting on -A+AT>s petition) the +-% promulgated +-% ,esolution +o. @5*00 on 3 August 2@@5) which reads as follows: This pertains to the !etition to !roclaim the Full +umber of !arty*'ist ,epresentati#es !ro#ided by the %onstitution filed by the -arangay Association for +ational Ad#ancement and Transparency .-A+AT1. Acting on the foregoing !etition of the -arangay Association for +ational Ad#ancement and Transparency .-A+AT1 party*list) Atty. Alioden D. Dalaig) Fead) +ational -oard of %an#assers 'egal Droup submitted his comments9obser#ations and recommendation thereon J+-% @5*@8/ .!'1K) which reads: CO%%$NT" @ O&"$RVATION"B !etitioner -arangay Association for +ational Ad#ancement and Transparency .-A+AT1) in its !etition to !roclaim the Full +umber of !arty*'ist ,epresentati#es !ro#ided by the %onstitution prayed for the following reliefs) to wit: /. That the full number ** twenty percent .2@H1 ** of !arty*'ist representati#es as mandated by :ection 6) Article VA of the %onstitution shall be proclaimed. 2. !aragraph .b1) :ection // of ,A 5<8/ which prescribes the 2H threshold #otes) should be harmoni ed with :ection 6) Article VA of the %onstitution and with :ection /2 of the same ,A 5<8/ in that it should be applicable only to the first party*list representati#e seats to be allotted on the basis of their initial9first ran7ing. 3. The 3*seat limit prescribed by ,A 5<8/ shall be applied$ and 8. Anitially) all party*list groups shall be gi#en the number of seats corresponding to e#ery 2H of the #otes they recei#ed and the additional seats shall be allocated in accordance with :ection /2 of ,A 5<8/) that is) in proportion to the percentage of #otes obtained by each party*list group in relation to the total nationwide #otes cast in the party*list election) after deducting the corresponding #otes of those which were allotted seats under the 2H threshold rule. An fine) the formula9procedure prescribed in the "A''(%ATA(+ (F !A,TL*'A:T :&AT:) A++&O "A" of %(?&'&% ,&:('BTA(+ 2085 dated 26 Eune /<<=) shall be used for JtheK purpose of determining how many seats shall be proclaimed) which party*list groups are entitled to representati#e seats and how many of their nominees shall seat JsicK. 6. An the alternati#e) to declare as unconstitutional :ection // of ,epublic Act +o. 5<8/ and that the procedure in allocating seats for party*list representati#e prescribed by :ection /2 of ,A 5<8/ shall be followed. R $ C O % % $ N A T I O N: The #etition of %A&AT is no( moot and academic. The Commission En %anc in &%C Resolution &o. :;4<: #romulgated 0uly =1 >::; re "An the ?atter of the %an#ass of Votes and !artial !roclamation of the !arties) (rgani ations and %oalitions !articipating Bnder the !arty*'ist :ystem During the ?ay /8) 2@@5 +ational and 'ocal &lections" resol*ed among others that the total number of seats of each (inning #arty1 organi3ation or coalition shall be determined #ursuant to the Veterans Federation !arty *ersus %(?&'&% formula u#on com#letion of the can*ass of the #arty4list results.?@a(#hi@ CF&,&F(,&) premises considered) the +ational -oard of %an#assers ,&:('V&D) as it hereby ,&:('V&:) to appro#e and adopt the recommendation of Atty. Alioden D. Dalaig) Fead) +-% 'egal Droup) to D&+L the herein petition of -A+AT for being moot and academic. 'et the :uper#isory %ommittee implement this resolution. :( (,D&,&D./@ -A+AT filed a petition for certiorari and mandamus assailing the ruling in +-% ,esolution +o. @5*00. -A+AT did not file a motion for reconsideration of +-% ,esolution +o. @5*00. (n < Euly 2@@5) -ayan ?una) Abono) and A Teacher as7ed the %(?&'&%) acting as +-%) to reconsider its decision to use the Veterans formula as stated in its +-% ,esolution +o. @5*=@ because the Veterans formula is #iolati#e of the %onstitution and of ,epublic Act +o. 5<8/ .,.A. +o. 5<8/1. (n the same day) the %(?&'&% denied reconsideration during the proceedings of the +-%.//

Aside from the thirteen party*list organi ations proclaimed on < Euly 2@@5) the %(?&'&% proclaimed three other party*list organi ations as qualified parties entitled to one guaranteed seat under the !arty*'ist :ystem: Agricultural :ector Alliance of the !hilippines) Anc. .ADA!1) /2 Ana7 ?indanao .A?A+1)/3 and An Caray./8 !er the certification/6 by %(?&'&%) the following party*list organi ations ha#e been proclaimed as of /< ?ay 2@@0: Party2)i5t /./ /.2 /.3 /.8 /.6 /.= /.5 /.0 /.< -uhay -ayan ?una %A-A% Dabriela A!&% A Teacher A7bayan Alagad -util No. o9 "eat354 3 2 2 2 2 / / / / / / / / / /

/./@ %oop*+atco JsicK /.// Ana7 !awis /./2 A,% /./3 Abono /./8 ADA! /./6 A?A+

The proclamation of -agong Alyansang Tagapagtaguyod ng Adhi7aing :ambayanan .-ATA:1) against which an Brgent !etition for %ancellation9,emo#al of ,egistration and Disqualification of !arty*list +ominee .with !rayer for the Assuance of ,estraining (rder1 has been filed before the %(?&'&%) was deferred pending final resolution of :!% +o. @5*26@. I55ue5 -A+AT brought the following issues before this %ourt: /. As the twenty percent allocation for party*list representati#es pro#ided in :ection 6.21) Article VA of the %onstitution mandatory or is it merely a ceilingP 2. As the three*seat limit pro#ided in :ection //.b1 of ,A 5<8/ constitutionalP 3. As the two percent threshold and "qualifier" #otes prescribed by the same :ection //.b1 of ,A 5<8/ constitutionalP 8. Fow shall the party*list representati#es be allocatedP/= -ayan ?una) A Teacher) and Abono) on the other hand) raised the following issues in their petition: A. ,espondent %ommission on &lections) acting as +ational -oard of %an#assers) committed gra#e abuse of discretion amounting to lac7 or e"cess of 4urisdiction when it promulgated +-% ,esolution +o. @5*=@ to implement the First*!arty ,ule in the allocation of seats to qualified party*list organi ations as said rule: A. Violates the constitutional principle of proportional representation. -. Violates the pro#isions of ,A 5<8/ particularly: /. The 2*8*= Formula used by the First !arty ,ule in allocating additional seats for the "First !arty" #iolates the principle of proportional representation under ,A 5<8/. 2. The use of two formulas in the allocation of additional seats) one for the "First !arty" and another for the qualifying parties) #iolates :ection //.b1 of ,A 5<8/. 3. The proportional relationships under the First !arty ,ule are different from those required under ,A 5<8/$ %. Violates the "Four An#iolable !arameters" of the !hilippine party*list system as pro#ided for under the same case of Veterans ,ederation Party1 et al. *. C)"ELEC. AA. !resuming that the %ommission on &lections did not commit gra#e abuse of discretion amounting to lac7 or e"cess of 4urisdiction when it implemented the First*!arty ,ule in the allocation of seats to qualified party*list organi ations) the same being merely in consonance with the ruling in Veterans ,ederations Party1 et al. *. C)"ELEC1 the instant !etition is a 4usticiable case as the issues in#ol#ed herein are constitutional in nature) in#ol#ing the correct interpretation and implementation of ,A 5<8/) and are of transcendental importance to our nation. /5 %onsidering the allegations in the petitions and the comments of the parties in these cases) we defined the following issues in our ad#isory for the oral arguments set on 22 April 2@@0: /. As the twenty percent allocation for party*list representati#es in :ection 6.21) Article VA of the %onstitution mandatory or merely a ceilingP 2. As the three*seat limit in :ection //.b1 of ,A 5<8/ constitutionalP 3. As the two percent threshold prescribed in :ection //.b1 of ,A 5<8/ to qualify for one seat constitutionalP 8. Fow shall the party*list representati#e seats be allocatedP 6. Does the %onstitution prohibit the ma4or political parties from participating in the party*list electionsP Af not) can the ma4or political parties be barred from participating in the party*list electionsP/0 T7e Ruli16 o9 t7e Court The petitions ha#e partial merit. Ce maintain that a !hilippine*style party*list election has at least four in#iolable parameters as clearly stated in Veterans. For easy reference) these are:

,irst) the twenty percent allocation I the combined number of all party*list congressmen shall not e"ceed twenty percent of the total membership of the Fouse of ,epresentati#es) including those elected under the party list$ Second1 the two percent threshold I only those parties garnering a minimum of two percent of the total #alid #otes cast for the party*list system are "qualified" to ha#e a seat in the Fouse of ,epresentati#es$ Third1 the three*seat limit I each qualified party) regardless of the number of #otes it actually obtained) is entitled to a ma"imum of three seats$ that is) one "qualifying" and two additional seats$ ,ourth) proportional representationI the additional seats which a qualified party is entitled to shall be computed "in proportion to their total number of #otes."/< Fowe#er) because the formula in Veterans has flaws in its mathematical interpretation of the term "proportional representation)" this %ourt is compelled to re#isit the formula for the allocation of additional seats to party*list organi ations. Number of Party-List Representatives: The Formula Mandated by the Constitution :ection 6) Article VA of the %onstitution pro#ides: :ection 6. ./1 The Fouse of ,epresentati#es shall be composed of not more than two hundred and fifty members) unless otherwise fi"ed by law) who shall be elected from legislati#e districts apportioned among the pro#inces) cities) and the ?etropolitan ?anila area in accordance with the number of their respecti#e inhabitants) and on the basis of a uniform and progressi#e ratio) and those who) as pro#ided by law) shall be elected through a party*list system of registered national) regional) and sectoral parties or organi ations. .21 The party*list representati#es shall constitute twenty per centum of the total number of representati#es including those under the party*list. For three consecuti#e terms after the ratification of this %onstitution) one*half of the seats allocated to party*list representati#es shall be filled) as pro#ided by law) by selection or election from the labor) peasant) urban poor) indigenous cultural communities) women) youth) and such other sectors as may be pro#ided by law) e"cept the religious sector. The first paragraph of :ection // of ,.A. +o. 5<8/ reads: :ection //. &umber of Party4List Re#resentati*es. I The party*list representati#es shall constitute twenty per centum .2@H1 of the total number of the members of the Fouse of ,epresentati#es including those under the party*list. """ :ection 6./1) Article VA of the %onstitution states that the "Fouse of ,epresentati#es shall be composed of not more than two hundred and fifty members) unless otherwise fi"ed by law." The Fouse of ,epresentati#es shall be composed of district representati#es and party*list representati#es. The %onstitution allows the legislature to modify the number of the members of the Fouse of ,epresentati#es.@a**#hi@.3(A :ection 6.21) Article VA of the %onstitution) on the other hand) states the ratio of party*list representati#es to the total number of representati#es. Ce compute the number of seats a#ailable to party*list representati#es from the number of legislati#e districts. (n this point) we do not de#iate from the first formula in Veterans) thus: +umber of seats a#ailable to legislati#e districts .0@ +umber of seats a#ailable to party*list representati#es

" .2@ N

This formula allows for the corresponding increase in the number of seats a#ailable for party*list representati#es whene#er a legislati#e district is created by law. :ince the /8th %ongress of the !hilippines has 22@ district representati#es) there are 66 seats a#ailable to party*list representati#es. 22@ " .2@ N 66 .0@ After prescribing the ratio of the number of party*list representati#es to the total number of representati#es) t7e Co15titutio1 le9t t7e <a11er o9 allocati16 t7e 5eat5 a:ailable to party2li5t repre5e1tati:e5 to t7e =i58o< o9 t7e le6i5lature. llo!ation of "eats for Party-List Representatives: The "tatutory Limits Presented by the T#o Per!ent Threshold and the Three-"eat Cap All parties agree on the formula to determine the ma"imum number of seats reser#ed under the !arty*'ist :ystem) as well as on the formula to determine the guaranteed seats to party*list candidates garnering at least two*percent of the total party*list #otes. Fowe#er) there are numerous interpretations of the pro#isions of ,.A. +o. 5<8/ on the allocation of Ca88itio1al 5eat5C under the !arty*'ist :ystem. Veterans produced the First !arty ,ule)2@ and Eustice Vicente V. ?endo a>s dissent in Veterans presented Dermany>s +iemeyer formula2/ as an alternati#e. The %onstitution left to %ongress the determination of the manner of allocating the seats for party*list representati#es. %ongress enacted ,.A. +o. 5<8/) paragraphs .a1 and .b1 of :ection // and :ection /2 of which pro#ide: :ection //. &umber of Party4List Re#resentati*es. I " " " An determining the allocation of seats for the second #ote)22 the following procedure shall be obser#ed: .a1 The parties) organi ations) and coalitions shall be ran7ed from the highest to the lowest based on the number of #otes they garnered during the elections. .b1 The parties) organi ations) and coalitions recei#ing at least two percent .2H1 of the total #otes cast for the party*list system shall be entitled to one seat each: Pro:i8e8, T7at t7o5e 6ar1eri16 <ore t7a1 t=o perce1t 32D4 o9 t7e :ote5 57all be e1title8 to a88itio1al 5eat5 i1 proportio1 to t7eir total 1u<ber o9 :ote5B !ro#ided) finally) That each party) organi ation) or coalition shall be entitled to not more than three .31 seats. :ection /2. Procedure in Allocating Seats for Party4List Re#resentati*es. I The %(?&'&% shall tally all the #otes for the parties) organi ations) or coalitions on a nationwide basis) ran7 them according to the number of #otes recei#ed and allocate party*list representati#es proportionately according to the percentage of #otes obtained by each party) organi ation) or coalition as against the total nationwide #otes cast for the party*list system. .&mphasis supplied1 An D.,. +o. /5<25/) -A+AT presents two interpretations through three formulas to allocate party*list representati#e seats. The first interpretation allegedly harmoni es the pro#isions of :ection //.b1 on the 2H requirement with :ection /2 of ,.A. +o. 5<8/. -A+AT described this procedure as follows: .a1 The party*list representati#es shall constitute twenty percent .2@H1 of the total ?embers of the Fouse of ,epresentati#es including those from the party*list groups as prescribed by :ection 6) Article VA of the %onstitution) :ection // ./st par.1 of ,A 5<8/ and %omelec ,esolution +o. 2085 dated 26 Eune /<<=. :ince there are 22@ District ,epresentati#es in the /8th %ongress) there shall be 66 !arty*'ist ,epresentati#es. All seats shall ha#e to be proclaimed. .b1 All party*list groups shall initially be allotted one ./1 seat for e#ery two per centum .2H1 of the total party*list #otes they obtained$ pro#ided) that no party*list groups shall ha#e more than three .31 seats .:ection //) ,A 5<8/1.

.c1 The remaining seats shall) after deducting the seats obtained by the party*list groups under the immediately preceding paragraph and after deducting from their total the #otes corresponding to those seats) the remaining seats shall be allotted proportionately to all the party*list groups which ha#e not secured the ma"imum three .31 seats under the 2H threshold rule) in accordance with :ection /2 of ,A 5<8/. 23 Forty*four .881 party*list seats will be awarded under -A+AT>s first interpretation. The second interpretation presented by -A+AT assumes that the 2H #ote requirement is declared unconstitutional) and apportions the seats for party*list representati#es by following :ection /2 of ,.A. +o. 5<8/. -A+AT states that the %(?&'&%: .a1 shall tally all the #otes for the parties) organi ations) or coalitions on a nationwide basis$ .b1 ran7 them according to the number of #otes recei#ed$ and) .c1 allocate party*list representati#es proportionately according to the percentage of #otes obtained by each party) organi ation or coalition as against the total nationwide #otes cast for the party*list system. 28 -A+AT used two formulas to obtain the same results: one is based on the proportional percentage of the #otes recei#ed by each party as against the total nationwide party*list #otes) and the other is "by ma7ing the #otes of a party*list with a median percentage of #otes as the di#isor in computing the allocation of seats." 26 Thirty*four .381 party*list seats will be awarded under -A+AT>s second interpretation. An D.,. +o. /5<2<6) -ayan ?una) Abono) and A Teacher critici e both the %(?&'&%>s original 2*8*= formula and the Veterans formula for systematically pre#enting all the party*list seats from being filled up. They claim that both formulas do not factor in the total number of seats alloted for the entire !arty*'ist :ystem. -ayan ?una) Abono) and A Teacher re4ect the three*seat cap) but accept the 2H threshold. After determining the qualified parties) a second percentage is generated by di#iding the #otes of a qualified party by the total #otes of all qualified parties only. The number of seats allocated to a qualified party is computed by multiplying the total party*list seats a#ailable with the second percentage. There will be a first round of seat allocation) limited to using the whole integers as the equi#alent of the number of seats allocated to the concerned party*list. After all the qualified parties are gi#en their seats) a second round of seat allocation is conducted. The fractions) or remainders) from the whole integers are ran7ed from highest to lowest and the remaining seats on the basis of this ran7ing are allocated until all the seats are filled up.2= Ce e"amine what ,.A. +o. 5<8/ prescribes to allocate seats for party*list representati#es. :ection //.a1 of ,.A. +o. 5<8/ prescribes the ran7ing of the participating parties from the highest to the lowest based on the number of #otes they garnered during the elections. Table /. ,an7ing of the participating parties from the highest to the lowest based on the number of #otes garnered during the elections. 25 Ra1E / 2 3 8 6 = 5 0 < /@ // /2 /3 /8 /6 /= /5 /0 /< 2@ -BFAL -ALA+ ?B+A %A-A% DA-,A&'A A!&% A T&A%F&, AG-ALA+ A'ADAD %((!*+AT%%( -BTA' -ATA: A,% A+AG!ACA: A-(+( A?A+ ADA! A+ CA,AL LA%A! F!E!? B+A*?AD Party Vote5 !ar1ere8 /)/=<)238 <5<)@3< 566)=0= =2/)/5/ =/<)=65 8<@)35< 8==)//2 823)/8< 8@<)003 8@<)/=@ 306)0/@ 358)200 35@)2=/ 33<)<<@ 330)/06 320)528 32/)6@3 3/@)00< 3@@)<23 286)302 Ra1E 80 8< 6@ 6/ 62 63 68 66 6= 65 60 6< =@ =/ =2 =3 =8 =6 == =5 GA'AFA A!(A -! AF(+-ALA+ -ADGA: !?A! AGA!A+ !-A D,&%(+ -T? A :?A'& +&'FFA AG:A -AD( -A+DA'A AF(+ A:AFA+ ?( AD-AADM :!A -AFA+DA Party Vote5 !ar1ere8 00)0=0 5<)30= 50)68/ 50)828 55)325 56)2@@ 58)=0= 5/)688 =2)22@ =@)<<3 60)5/5 65)052 65)@/2 66)08= 68)56/ 68)622 6/)522 6@)035 6@)850 8=)=/2

2/ 22 23 28 26 2= 25 20 2< 3@ 3/ 32 33 38 36 3= 35 30 3< 8@ 8/ 82 83 88 86 8= 85

A-: GAGB:A GA-ATAA+ A-A*AG( A'AF :&+A(, %ATAQ&+: AT VF! A+AD -A+AT A+D GA:A+DDA -A+TAL A-AGADA /*BTAG TB%! %(%(F&D ADFA? A+AG A-A+:&M !A+AL !? AV& :BA,A A::A'A? DACA A+% :A+'AGA: A-%

236)@0= 220)<<< 220)=35 2/0)0/0 2/5)022 2/3)@60 /<5)052 /<=)2== /00)62/ /55)@20 /5@)63/ /=<)0@/ /==)585 /=8)<0@ /=2)=85 /66)<2@ /8=)@32 /8/)0/5 /3@)36= //<)@68 //@)5=< //@)532 //@)88@ /@5)@2/ <<)=3= <5)356 <@)@60

=0 =< 5@ 5/ 52 53 58 56 5= 55 50 5< 0@ 0/ 02 03 08 06 0= 05 00 0< <@ </ <2 <3

ADD A?A+D A-AL !A,AG -A-A& GA :A:A! !&! A-A A'(+DD( V&+D(,: ADD*T,A-A' A'?A+A AA+DAT GA !A'A!A+( AA!: FA!A AACA: :? AD ADA+D !A+(L A!( -ALALA+D -BGAD AT: B?DE -BG'(D FA'A!A+A 'L!AD AA*GA:(:L( GA:A!A TOTA)

86)=28 83)@=2 82)202 3=)6/2 38)036 38)@<0 33)<30 33)<@3 33)=</ 32)0<= 32)266 2<)/3@ 2=)25/ 26)50/ 22)<8= 2@)588 /=)</= /=)52< /=)82/ /=)28/ /8)/=/ <)886 0)</6 0)85/ 0)8@= =)22/ 1-,9-0,900

The first clause of :ection //.b1 of ,.A. +o. 5<8/ states that "parties) organi ations) and coalitions recei#ing at least two percent .2H1 of the total #otes cast for the party*list system shall be entitled to one seat each." This clause guarantees a seat to the two*percenters. An Table 2 below) we use the first 2@ party*list candidates for illustration purposes. The percentage of #otes garnered by each party is arri#ed at by di#iding the number of #otes garnered by each party by /6)<6@)<@@) the total number of #otes cast for all party*list candidates. Table 2. The first 2@ party*list candidates and their respecti#e percentage of #otes garnered o#er the total #otes for the party*list. 20 Ra1E / 2 -BFAL -ALA+ ?B+A Party Vote5 !ar1ere8 /)/=<)238 <5<)@3< Vote5 !ar1ere8 o:er Total Vote5 9or Party2)i5t, i1 D 5.33H =./8H / / !uara1tee8 "eat

3 8 6 = 5 0 < /@ // /2 /3 /8 /6 /= /5

%A-A% DA-,A&'A A!&% A T&A%F&, AG-ALA+ A'ADAD %((!*+AT%%( -BTA' -ATA:2< A,% A+AG!ACA: A-(+( A?A+ ADA! A+ CA,AL Total

566)=0= =2/)/5/ =/<)=65 8<@)35< 8==)//2 823)/8< 8@<)003 8@<)/=@ 306)0/@ 358)200 35@)2=/ 33<)<<@ 330)/06 320)528 32/)6@3

8.58H 3.0<H 3.00H 3.@5H 2.<2H 2.=6H 2.65H 2.65H 2.82H 2.36H 2.32H 2./3H 2./2H 2.@=H 2.@2H

/ / / / / / / / / / / / / / / 1/

/0 /< 2@

LA%A! F!E!? B+A*?AD

3/@)00< 3@@)<23 286)302

/.<6H /.0<H /.68H

@ @ @

From Table 2 abo#e) we see that only /5 party*list candidates recei#ed at least 2H from the total number of #otes cast for party*list candidates. The /5 qualified party*list candidates) or the two*percenters) are the party*list candidates that are "entitled to one seat each)" or the guaranteed seat. An this first round of seat allocation) we distributed /5 guaranteed seats. The second clause of :ection //.b1 of ,.A. +o. 5<8/ pro#ides that "those garnering more than two percent .2H1 of the #otes shall be entitled to additional seats i1 proportio1 to t7eir total 1u<ber o9 :ote5." This is where petitioners> and inter#enors> problem with the formula in Veterans lies. Veterans interprets the clause "in proportion to their total number of #otes" to be i1 proportio1 to t7e :ote5 o9 t7e 9ir5t party. This interpretation is contrary to the e"press language of ,.A. +o. 5<8/. Ce rule that) in computing the allocation of a88itio1al 5eat5) the continued operation of the two percent threshold for the distribution of the additional seats as found in the second clause of :ection //.b1 of ,.A. +o. 5<8/ is u1co15titutio1al. This %ourt finds that the two percent threshold ma7es it mathematically impossible to achie#e the ma"imum number of a#ailable party list seats when the number of a#ailable party list seats e"ceeds 6@. The continued operation of the two percent threshold in the distribution of the additional seats frustrates the attainment of the permissi#e ceiling that 2@H of the members of the Fouse of ,epresentati#es shall consist of party*list representati#es. To illustrate: There are 66 a#ailable party*list seats. :uppose there are 6@ million #otes cast for the /@@ participants in the party list elections. A party that has two percent of the #otes cast) or one million #otes) gets a guaranteed seat. 'et us further assume that the first 6@ parties all get one million #otes. (nly 6@ parties get a seat despite the a#ailability of 66 seats. -ecause of the operation of the two percent threshold) this situation will repeat itself e#en if we increase the a#ailable party* list seats to =@ seats and e#en if we increase the #otes cast to /@@ million. Thus) e#en if the ma"imum number of parties get two percent of the #otes for e#ery party) it is always impossible for the number of occupied party*list seats to e"ceed 6@ seats as long as the two percent threshold is present. Ce therefore stri7e down the two percent threshold only in relation to the distribution of the additional seats as found in the second clause of :ection //.b1 of ,.A. +o. 5<8/. The two percent threshold presents an unwarranted obstacle to the full implementation of :ection 6.21) Article VA of the %onstitution and pre#ents the attainment of "the broadest possible representation of party) sectoral or group interests in the Fouse of ,epresentati#es." 3@ An determining the allocation of seats for party*list representati#es under :ection // of ,.A. +o. 5<8/) the following procedure shall be obser#ed: /. The parties) organi ations) and coalitions shall be ran7ed from the highest to the lowest based on the number of #otes they garnered during the elections. 2. The parties) organi ations) and coalitions recei#ing at least two percent .2H1 of the total #otes cast for the party*list system shall be entitled to one guaranteed seat each. 3. Those garnering sufficient number of #otes) according to the ran7ing in paragraph /) shall be entitled to additional seats in proportion to their total number of #otes until all the additional seats are allocated. 8. &ach party) organi ation) or coalition shall be entitled to not more than three .31 seats. An computing the additional seats) the guaranteed seats shall no longer be included because they ha#e already been allocated) at one seat each) to e#ery two* percenter. Thus) the remaining a#ailable seats for allocation as "additional seats" are the ma"imum seats reser#ed under the !arty 'ist :ystem less the guaranteed seats. Fractional seats are disregarded in the absence of a pro#ision in ,.A. +o. 5<8/ allowing for a rounding off of fractional seats.

An declaring the two percent threshold unconstitutional) we do not limit our allocation of additional seats in Table 3 below to the two*percenters. The percentage of #otes garnered by each party*list candidate is arri#ed at by di#iding the number of #otes garnered by each party by /6)<6@)<@@) the total number of #otes cast for party*list candidates. There are two steps in the second round of seat allocation. First) the percentage is multiplied by the remaining a#ailable seats) 30) which is the difference between the 66 ma"imum seats reser#ed under the !arty*'ist :ystem and the /5 guaranteed seats of the two*percenters. The whole integer of the product of the percentage and of the remaining a#ailable seats corresponds to a party>s share in the remaining a#ailable seats. :econd) we assign one party*list seat to each of the parties ne"t in ran7 until all a#ailable seats are completely distributed. Ce distributed all of the remaining 30 seats in the second round of seat allocation. Finally) we apply the three*seat cap to determine the number of seats each qualified party*list candidate is entitled. Thus: Table 3. Distribution of A#ailable !arty*'ist :eats Vote5 !ar1ere8 o:er !uara1tee8 "eat Total Vote5 3Fir5t Rou184 9or Party )i5t, $&% i1 D $ % 5.33H =./8H 8.58H 3.0<H 3.00H 3.@5H 2.<2H 2.=6H 2.65H 2.65H 2.82H 2.36H 2.32H 2./3H 2./2H 2.@=H 2.@2H /.<6H /.0<H /.68H /.85H /.88H /.83H /.35H /.35H /.38H / / / / / / / / / / / / / / / / / @ @ @ @ @ @ @ @ @ A88itio1al "eat5 3"eco18 Rou184 $C% 2.5< 2.33 /.0@ /.80 /.80 /./5 /.// /.@/ / / / / / / / / / / / / / / / / / / 3&4 plu5 3C4, Applyi16 t7e i1 =7ole t7ree 5eat i1te6er5 cap $'% $(% 3 3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 / / / / / / / / / +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A.

Ra1E

Party

Vote5 !ar1ere8

/ 2 3 8 6 = 5 0 <3/ /@ // /2 /3 /8 /6 /= /5 /0 /< 2@ 2/ 22 23 28 26 2=

-BFAL -ALA+ ?B+A %A-A% DA-,A&'A A!&% A Teacher AG-ALA+ A'ADAD

/)/=<)238 <5<)@3< 566)=0= =2/)/5/ =/<)=65 8<@)35< 8==)//2 823)/8<

%((!*+AT%%( 8@<)003 -BTA' -ATA: A,% A+AG!ACA: A-(+( A?A+ ADA! A+ CA,AL LA%A! F!E!? B+A*?AD A-: GAGB:A GA-ATAA+ A-A*AG( A'AF :&+A(, %ATAQ&+: 8@<)/=@ 306)0/@ 358)200 35@)2=/ 33<)<<@ 330)/06 320)528 32/)6@3 3/@)00< 3@@)<23 286)302 236)@0= 220)<<< 220)=35 2/0)0/0 2/5)022 2/3)@60

25 20 2< 3@ 3/ 32 33 38 36 3= Total

AT VF! A+AD -A+AT A+D GA:A+DDA -A+TAL A-AGADA /*BTAG TB%! %(%(F&D

/<5)052 /<=)2== /00)62/ /55)@20 /5@)63/ /=<)0@/ /==)585 /=8)<0@ /=2)=85 /66)<2@

/.28H /.23H /./0H /.//H /.@5H /.@=H /.@6H /.@3H /.@2H @.<0H

@ @ @ @ @ @ @ @ @ @ 1/

/ / / / / / / / / /

/ / / / / / / / / / --

+.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A. +.A.

Applying the procedure of seat allocation as illustrated in Table 3 abo#e) there are 66 party*list representati#es from the 3= winning party*list organi ations. All 66 a#ailable party*list seats are filled. The additional seats allocated to the parties with sufficient number of #otes for one whole seat) in no case to e"ceed a total of three seats for each party) are shown in column .D1. Parti!ipation of Ma)or Politi!al Parties in Party-List (le!tions The %onstitutional %ommission adopted a multi*party system that allo=e8 all political partie5 to participate i1 t7e party2li5t electio15. The deliberations of the %onstitutional %ommission clearly bear this out) thus: ?,. ?(+:(D. ?adam !resident) A 4ust want to say that we suggested or proposed the party list system because we wanted to open up the political system to a pluralistic society through a multiparty system. " " " ;e are 9or ope1i16 up t7e 5y5te<, a18 =e =oul8 liEe :ery <uc7 9or t7e 5ector5 to be t7ere. T7at i5 =7y o1e o9 t7e =ay5 to 8o t7at i5 to put a ceili16 o1 t7e 1u<ber o9 repre5e1tati:e5 9ro< a1y 5i16le party t7at ca1 5it =it7i1 t7e -0 allocate8 u18er t7e party li5t 5y5te<. " " ". """ ?,. ?(+:(D. ?adam !resident) the candidacy for the /<0 seats is not limited to political parties. ?y question is this: Are we going to classify for e"ample %hristian Democrats and :ocial Democrats as political partiesP %an they run under the party list concept or must they be under the district legislation side of it onlyP ?,. VA''A%(,TA. An reply to that query) A thin7 these parties that the %ommissioner mentioned can field candidates for the :enate as well as for the Fouse of ,epresentati#es. )iEe=i5e, t7ey ca1 al5o 9iel8 5ectoral ca18i8ate5 9or t7e 20 perce1t or 30 perce1t, =7ic7e:er i5 a8opte8, o9 t7e 5eat5 t7at =e are allocati16 u18er t7e party li5t 5y5te<. ?,. ?(+:(D. An other words) the %hristian Democrats can field district candidates and can also participate in the party list systemP ?,. VA''A%(,TA. ;7y 1otF ;7e1 t7ey co<e to t7e party li5t 5y5te<, t7ey =ill be 9iel8i16 o1ly 5ectoral ca18i8ate5. ?,. ?(+:(D. ?ay A be clarified on thatP %an B+AD( participate in the party list systemP ?,. VA''A%(,TA. Les) why notP For a5 lo16 a5 t7ey 9iel8 ca18i8ate5 =7o co<e 9ro< t7e 8i99ere1t <ar6i1aliGe8 5ector5 t7at =e 57all 8e5i61ate i1 t7i5 Co15titutio1. ?,. ?(+:(D. :uppose :enator TaRada wants to run under -ALA+ group and says that he represents the farmers) would he qualifyP ?,. VA''A%(,TA. +o) :enator TaRada would not qualify. ?,. ?(+:(D. -ut B+AD( can field candidates under the party list system and say Euan dela %ru is a farmer. Cho would pass on whether he is a farmer or notP ?,. TAD&(. Gay %ommissioner ?onsod) gusto 7o lamang linawin ito. Political partie5, particularly <i1ority political partie5, are 1ot pro7ibite8 to participate i1 t7e party li5t electio1 i9 t7ey ca1 pro:e t7at t7ey are al5o or6a1iGe8 alo16 5ectoral li1e5. ?,. ?(+:(D. Chat the %ommissioner is saying is that all political parties can participate because it is precisely the contention of political parties that they represent the broad base of citi ens and that all sectors are represented in them. Could the %ommissioner agreeP ?,. TAD&(. Ang punto lamang namin) pag pinayagan mo ang B+AD( na isang political party) it will dominate the party list at mawawalang saysay din yung sector. 'alamunin mismo ng political parties ang party list system. Dusto 7o lamang bigyan ng diin ang "reser#e." Findi ito reser#e seat sa marginali ed sectors. Gung titingnan natin itong /<0 seats) reser#ed din ito sa political parties. ?,. ?(+:(D. Findi po reser#ed iyon 7asi anybody can run there. -ut my question to %ommissioner Villacorta and probably also to %ommissioner Tadeo is that under this system) would B+AD( be banned from running under the party list systemP ?,. VA''A%(,TA. +o) as A said) (NI O <ay 9iel8 5ectoral ca18i8ate5. O1 t7at co18itio1 alo1e, (NI O <ay be allo=e8 to re6i5ter 9or t7e party li5t 5y5te<. ?,. ?(+:(D. ?ay A inquire from %ommissioner Tadeo if he shares that answerP ?,. TAD&(. The same. ?,. VA''A%(,TA. Pu=e8e po a16 (NI O, pero 5a 5ectoral li1e5. """" ?,. (!'&. " " " An my opinion) this will also create the stimulus for political parties and mass organi ations to see7 common ground. For e"ample) we ha#e the !D!* 'aban and the B+AD(. A see no reason why they should not be able to ma7e common goals with mass organi ations so that the #ery leadership of these parties can be transformed through the participation of mass organi ations. And if this is true of the administration parties) this will be true of others li7e the !artido ng -ayan which is now being formed. There is no question that they will be attracti#e to many mass organi ations. An the opposition parties to which we belong) there will be a stimulus for us to contact mass organi ations so that with their participation) the policies of such parties can be radically transformed because this amendment will create conditions that will challenge both the mass organi ations and the political parties to come together. And the party list system is certainly a#ailable) although it is open to all the parties. At is understood that the parties will enter in the roll of the %(?&'&% the names of representati#es of mass organi ations affiliated with

them. :o that we may) in time) de#elop this e"cellent system that they ha#e in &urope where labor organi ations and cooperati#es) for e"ample) distribute themsel#es either in the :ocial Democratic !arty and the %hristian Democratic !arty in Dermany) and their #ery presence there has a transforming effect upon the philosophies and the leadership of those parties. At is also a fact well 7nown to all that in the Bnited :tates) the AF'*%A( always #ote with the Democratic !arty. -ut the businessmen) most of them) always #ote with the ,epublican !arty) meaning that there is no reason at all why political parties and mass organi ations should not combine) reenforce) influence and interact with each other so that the #ery ob4ecti#es that we set in this %onstitution for sectoral representation are achie#ed in a wider) more lasting) and more institutionali ed way. Therefore) A support this J?onsod*VillacortaK amendment. At installs sectoral representation as a constitutional gift) but at the same time) it challenges the sector to rise to the ma4esty of being elected representati#es later on through a party list system$ and e#en beyond that) to become actual political parties capable of contesting political power in the wider constitutional arena for ma4or political parties. " " " 32 .&mphasis supplied1 ,.A. +o. 5<8/ pro#ided the details for the concepts put forward by the %onstitutional %ommission. :ection 3 of ,.A. +o. 5<8/ reads: Definition of Terms. .a1 The party*list system is a mechanism of proportional representation in the election of representati#es to the Fouse of ,epresentati#es from national) regional and sectoral parties or organi ations or coalitions thereof registered with the %ommission on &lections .%(?&'&%1. %omponent parties or organi ations of a coalition may participate independently pro#ided the coalition of which they form part does not participate in the party*list system. .b1 A party means either a political party or a sectoral party or a coalition of parties. .c1 A political party refers to an organi ed group of citi ens ad#ocating an ideology or platform) principles and policies for the general conduct of go#ernment and which) as the most immediate means of securing their adoption) regularly nominates and supports certain of its leaders and members as candidates for public office. At is a national party when its constituency is spread o#er the geographical territory of at least a ma4ority of the regions. At is a regional party when its constituency is spread o#er the geographical territory of at least a ma4ority of the cities and pro#inces comprising the region. .d1 A sectoral party refers to an organi ed group of citi ens belonging to any of the sectors enumerated in :ection 6 hereof whose principal ad#ocacy pertains to the special interests and concerns of their sector) .e1 A sectoral organi ation refers to a group of citi ens or a coalition of groups of citi ens who share similar physical attributes or characteristics) employment) interests or concerns. .f1 A coalition refers to an aggrupation of duly registered national) regional) sectoral parties or organi ations for political and9or election purposes. %ongress) in enacting ,.A. +o. 5<8/) put the three*seat cap to pre#ent any party from dominating the party*list elections. +either the %onstitution nor ,.A. +o. 5<8/ prohibits ma4or political parties from participating in the party*list system. (n the contrary) the framers of the %onstitution clearly intended the ma4or political parties to participate in party*list elections through their sectoral wings. An fact) the members of the %onstitutional %ommission #oted down) /<*22) any permanent sectoral seats) and in the alternati#e the reser#ation of the party*list system to the sectoral groups. 33 An defining a "party" that participates in party*list elections as either "a political party or a sectoral party)" ,.A. +o. 5<8/ also clearly intended that ma4or political parties will participate in the party*list elections. &"cluding the ma4or political parties in party*list elections is manifestly against the %onstitution) the intent of the %onstitutional %ommission) and ,.A. +o. 5<8/. This %ourt cannot engage in socio*political engineering and 4udicially legislate the e"clusion of ma4or political parties from the party*list elections in patent #iolation of the %onstitution and the law. ,ead together) ,.A. +o. 5<8/ and the deliberations of the %onstitutional %ommission state that ma4or political parties are allowed to establish) or form coalitions with) sectoral organi ations for electoral or political purposes. There should not be a problem if) for e"ample) the 'iberal !arty participates in the party*list election through the Gabataang 'iberal ng !ilipinas .GA'A!A1) its sectoral youth wing. The other ma4or political parties can thus organi e) or affiliate with) their chosen sector or sectors. To further illustrate) the +acionalista !arty can establish a fisherfol7 wing to participate in the party*list election) and this fisherfol7 wing can field its fisherfol7 nominees. Gabali7at ng ?alayang !ilipino .GA?!A1 can do the same for the urban poor. The qualifications of party*list nominees are prescribed in :ection < of ,.A. +o. 5<8/: 6ualifications of Party4List &ominees. I +o person shall be nominated as party*list representati#e unless he is a natural born citi en of the !hilippines) a registered #oter) a resident of the !hilippines for a period of not less than one ./1 year immediately preceding the day of the elections) able to read and write) bona fide member of the party or organi ation which he see7s to represent for at least ninety .<@1 days preceding the day of the election) and is at least twenty*fi#e .261 years of age on the day of the election. An case of a nominee of the youth sector) he must at least be twenty*fi#e .261 but not more than thirty .3@1 years of age on the day of the election. Any youth sectoral representati#e who attains the age of thirty .3@1 during his term shall be allowed to continue until the e"piration of his term. Bnder :ection < of ,.A. +o. 5<8/) it is not necessary that the party*list organi ation>s nominee "wallow in po#erty) destitution and infirmity" 38 as there is no financial status required in the law. At is enough that the nominee of the sectoral party9organi ation9coalition belongs to the marginali ed and underrepresented sectors) 36 that is) if the nominee represents the fisherfol7) he or she must be a fisherfol7) or if the nominee represents the senior citi ens) he or she must be a senior citi en. +either the %onstitution nor ,.A. +o. 5<8/ mandates the filling*up of the entire 2@H allocation of party*list representati#es found in the %onstitution. The %onstitution) in paragraph /) :ection 6 of Article VA) left the determination of the number of the members of the Fouse of ,epresentati#es to %ongress: "The Fouse of ,epresentati#es shall be composed of not more than two hundred and fifty members) unless otherwise fi"ed by law) " " "." The 2@H allocation of party*list representati#es is merely a ceiling$ party*list representati#es cannot be more than 2@H of the members of the Fouse of ,epresentati#es. Fowe#er) we cannot allow the continued e"istence of a pro#ision in the law which will systematically pre#ent the constitutionally allocated 2@H party*list representati#es from being filled. The three*seat cap) as a limitation to the number of seats that a qualified party*list organi ation may occupy) remains a #alid statutory de#ice that pre#ents any party from dominating the party*list elections. :eats for party*list representati#es shall thus be allocated in accordance with the procedure used in Table 3 abo#e. Fowe#er) by a #ote of 0*5) the %ourt decided to continue the ruling in Veterans disallowing ma4or political parties from participating in the party*list elections) directly or indirectly. Those who #oted to continue disallowing ma4or political parties from the party*list elections 4oined %hief Eustice ,eynato :. !uno in his separate opinion. (n the formula to allocate party*list seats) the %ourt is unanimous in concurring with this #onencia. ;+$R$FOR$) we PARTIA))# !RANT the petition. Ce "$T A"I $ the ,esolution of the %(?&'&% dated 3 August 2@@5 in +-% +o. @5*@8/ .!'1 as well as the ,esolution dated < Euly 2@@5 in +-% +o. @5*=@. Ce declare unconstitutional the two percent threshold in the distribution of additional party*list seats. The allocation of additional seats under the !arty*'ist :ystem shall be in accordance with the procedure used in Table 3 of this Decision. ?a4or political parties are disallowed from participating in party*list elections. This Decision is immediately e"ecutory. +o pronouncement as to costs. "O OR $R$ .