Ang Bagong Bayani-OFW Labor Party v Comelec

[G.R. No. 147589. June 25, 2003]

DOCTRINE: Qualification and Proclamation of Winners pursuant to RA No. 7941, The Partylist
Act
FACTS
Before the Court is a petition for proclamation by party-lists enjoining COMELEC to proclaim
other qualified candidates pursuant to earlier Resolutions.
In the first Compliance Report of the Commission in July 2001, there were seven party-lists who
met eight-point guideline referred to in the aforementioned Court Decision. However, because
of the conflicting COMELEC reports regarding the qualification of CIBAC and APEC, the Court
required the parties to file a final position paper. The COMELEC then affirmed that they have
met the eight-point guideline, hence making them qualified candidates.
In September 2001, the Final Compliance Report by COMELEC was received by the Court,
declaring 44 qualified party-list candidates. Taking into account the proclamation of
qualification of CIBAC and APEC, there are 46 qualified party-list candidates in the May 2001
elections.
ISSUES
Which among the 46 qualified candidates will be given seats (how many nominees each winning
party is entitled to) to winning candidates?
HELD:
Those among the 46 qualified parties who garnered at least two percent of the total votes
cast for the party-list system will be declared winners. To do so, we subtracted the votes
obtained by the disqualified candidates from the total votes cast, pursuant to Sec. 10 of RA
79411. The following were proclaimed winners:
BAYAN MUNA (26.41%), APEC (12.29), AKBAYAN! (5.79), BUTIL (5.06), CIBAC (4.96),
BUHAY (4.46), AMIN (3.86), ABA (3.71), COCOFED (3.51), PM (3.32), SANLAKAS (2.31),
ABANSE! PINAY (2.07)
To determine how many nominees each winning party was entitled to, the Court uses the
formula mandated in Veterans v Comelec2.
Only BAYAN MUNA was given 3 Congressional seats, while the rest each was given one.

Manner of Voting. Every voter shall be entitled to two (2) votes: the first vote is a vote for
candidate for membership of the House of Representatives in his legislative district, and the
second, a vote for the party, organization, or coalition he wants represented in the House of
Representatives: Provided, That a vote cast for a party, sectoral organization, or coalition not
entitled to be voted for shall not be counted: Provided, finally, That the first election under the
party-list system shall be held in May 1998.
1

If the proportion of votes received by the first party without rounding it off is equal to at least
six percent of the total valid votes cast for all the party list groups, then the first party shall be
entitled to two additional seats or a total of three seats overall. If
2

the proportion of votes without a rounding off is equal to or greater than four percent, but less
than six percent, then the first party shall have one additional or a total of two seats. And if the
proportion is less than four percent, then the first party shall not be entitled to any additional
seat.