BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND TRANSPARENCY (BANAT) vs.

COMMISSION ON ELECTIONS
G.R. No. 179271 April 21, 2009

FACTS:

The 14 May 2007 elections included the elections for the party-list representatives. The
COMELEC counted 15,950,900 votes cast for 93 parties under the Party-List System. On 9 July
2007, the COMELEC, sitting as the NBC, promulgated NBC Resolution No. 07-60. NBC
Resolution No. 07-60 proclaimed thirteen (13) parties as winners in the party-list elections.
Pursuant to NBC Resolution No. 07-60, the COMELEC, acting as NBC, promulgated NBC
Resolution No. 07-72, which declared the additional seats allocated to the appropriate parties. On
9 July 2007, Bayan Muna, Abono, and A Teacher asked the COMELEC, acting as NBC, to
reconsider its decision to use the Veterans formula as stated in its NBC Resolution No. 07-60
because the Veterans formula is violative of the Constitution and of Republic Act No. 7941 (R.A.
No. 7941). On the same day, the COMELEC denied reconsideration during the proceedings of
the NBC.
Aside from the thirteen party-list organizations proclaimed on 9 July 2007, the COMELEC
proclaimed three other party-list organizations as qualified parties entitled to one guaranteed seat
under the Party-List System. Petitioner in G.R. No. 179271 Barangay Association for National
Advancement and Transparency (BANAT) in a petition for certiorari and mandamus assails the
Resolution promulgated on 3 August 2007 by the Commission on Elections (COMELEC) in NBC
No. 07-041 (PL). The COMELECs resolution in NBC No. 07-041 (PL) approved the
recommendation of Atty. Alioden D. Dalaig, Head of the National Board of Canvassers (NBC)
Legal Group, to deny the petition of BANAT for being moot. BANAT filed before the COMELEC
En Banc, acting as NBC, a Petition to Proclaim the Full Number of Party-List Representatives
Provided by the Constitution.

ISSUES:

1. Whether or not the twenty percent allocation for party-list representatives in Section 5(2),
Article VI of the Constitution mandatory or merely a ceiling

2. Whether or not the three-seat limit in Section 11(b) of RA 7941 is constitutional

3. Whether or not the two percent threshold prescribed in Section 11(b) of RA 7941 to qualify for
one seat is constitutional

4. How shall the party-list representatives be allocated?

5. Does the Constitution prohibit the major political parties from participating in the party-list
elections? If not, can the major political parties be barred from participating in the party-list
elections?

RULING:

1. The 20% allocation of party-list representatives is merely a ceiling; party-

listrepresentatives cannot be more than 20% of the members of the House of
Representatives
2. Yes, it is constitutional. The three-seat cap, as a limitation to the number of seats that a
qualified party-list organization may occupy, remains a valid statutory device that prevents any
party from dominating the party-list elections

3. The second clause of Section 11(b) of R. A. 7941 those garnering more than two percent
(2%) of the votes shall be entitled to additional seats in proportion to their total number of votes
is unconstitutional. The two percent threshold only in relation to the distribution of the additional
seats presents an unwarranted obstacle to the full implementation of Section 5(2), Article VI of the
Constitution and prevents the attainment of "the broadest possible representation of party,
sectoral or group interests in the House of Representatives."

4. In determining the allocation of seats for party-list representatives under Section 11 of R.A. No.
7941, the following procedure shall be observed:1. The parties, organizations, and coalitions shall
be ranked from the highest to the lowest based on the number of votes they garnered during the
elections.2. The parties, organizations, and coalitions receiving at least two percent (2%) of the
total votes cast for the party-list system shall be entitled to one guaranteed seateach.3. Those
garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled to
additional seats in proportion to their total number of votes until all the additional seats are
allocated.4. Each party, organization, or coalition shall be entitled to not more than three (3)
seats.

5. Neither the Constitution nor R.A. No. 7941 prohibits major political parties from participating in
the party-list system. On the contrary, the framers of the Constitution clearly intended the major
political parties to participate in party-list elections through their sectoral wings. Also, in defining a
"party" that participates in party-list elections aseither "a political party or a sectoral party," R.A.
No. 7941 also clearly intended that major political parties will participate in the party-list elections.
Excluding the major political parties in party-list elections is manifestly against the Constitution,
the intent of the Constitutional Commission, and R.A. No. 7941. However, by the vote of 8-7, the
Court decided to continue the ruling in Veterans disallowing major political parties from
participating in the party-list elections, directly or indirectly.