Sectoral representation in the House of Representatives of the Philippines
Encyclopedia
The sectoral representation in the House of Representatives of the Philippines
House of Representatives of the Philippines
The House of Representatives of the Philippines is the lower chamber of the...

 is achieved via the party-list system of representation. Under-represented sectoral groups such as labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector, are encouraged to participate in the party-list election. The constitution
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...

 institutionalized the party-list system, mandating that 20% of the House is composed of sectoral representatives.

The determination of what parties are allowed to participate, who their nominees should be, how the winners should be determined, and the allocation of seats for the winning parties had been the subject of several Commission on Elections
Commission on Elections (Philippines)
The Commission on Elections, or COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls....

 (COMELEC) and court cases, and is a source of controversy ever since the party-list election was first contested in 1998.

Sectoral representatives are determined in a party-list election, where the voter votes for the party, not for the nominees (closed list
Closed list
Closed list describes the variant of party-list proportional representation where voters can only vote for political parties as a whole and thus have no influence on the party-supplied order in which party candidates are elected...

), the votes are then arranged in descending order, with the parties that won at least 2% of the national cote are given one seat, with additional seats determined by a formula depending on the number of votes garnered, with no party winning more than three seats. If the number of sectoral representatives does not reach 20% of the total number of representatives, parties with less than than 2% of the vote wins one seat each until the 20% quota has been reached.

Constitution

The constitution
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...

 mandates that the sectoral representatives shall compose 20% of the House of Representatives. For three consecutive terms after the ratification of the constitution, one-half of the seats allocated to party-list representatives were filled "by selection or election." For the 1987
Philippine House of Representatives elections, 1987
Elections for members of the House of Representatives in the Philippines were held on May 11, 1987. This was the first legislative election since 1984, the first House of Representatives elections since 1969, and the first election since the People Power Revolution that overthrew president...

, 1992
Philippine House of Representatives elections, 1992
The Elections for the House of Representatives of the Philippines were held on May 11, 1992. Held on the same day as the presidential election, since incumbent president Corazon Aquino, did not contest the election, the Laban ng Demokratikong Pilipino served as the de facto administration party;...

 and 1995
Philippine House of Representatives elections, 1995
The Elections for the House of Representatives of the Philippines were held on May 8, 1995. Being the first midterm election since 1938, the party of the incumbent president, Fidel V. Ramos's Lakas-NUCD-UMDP, won a plurality of the seats in the House of Representatives.The elected representatives...

 elections, the president appointed sectoral representatives, subject to the confirmation from the Commission on Appointments whose half of its members are derived from Houseof Representatives.

Party-List System Act

Election |Method |Legislative districts |Sectoral representatives |Underhang
20% quota Seats won
2001
Philippine House of Representatives elections, 2001
The Elections for the House of Representatives of the Philippines were held on May 14, 2001. This was the next election succeeding the events of the 2001 EDSA Revolution that deposed Joseph Estrada from the presidency; his vice president, Gloria Macapagal-Arroyo became president, and her party,...

 
VFP 205 51 14 37
2004
Philippine House of Representatives elections, 2004
The Elections for the House of Representatives of the Philippines were held on May 10, 2004. Being held together with presidential election, the party of the incumbent president Gloria Macapagal Arroyo, Lakas-Christian Muslim Democrats, and by extension the administration-led coalition, the...

 
VFP 209 52 24 28
2007
Philippine House of Representatives elections, 2004
The Elections for the House of Representatives of the Philippines were held on May 10, 2004. Being held together with presidential election, the party of the incumbent president Gloria Macapagal Arroyo, Lakas-Christian Muslim Democrats, and by extension the administration-led coalition, the...

 
VFP 218 54 22 32
BANAT 53 1
2010
Philippine House of Representatives elections, 2010
The 2010 Philippine House of Representatives elections were held on May 10, 2010 to elect members to the House of Representatives of the Philippines to serve in the 15th Congress of the Philippines from June 30, 2010 to June 30, 2013...

 
BANAT 229 57 56 1


On March 3, 1995, Republic Act No. 7941 or the Party-List System Act was signed into law. It mandated that "the state shall promote proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...

 in the election of representatives to the House of Representatives through a party-list system". The five political parties with the highest number of members at the start of the 10th Congress of the Philippines
10th Congress of the Philippines
The Tenth Congress of the Philippines is the current meeting of the national legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives.-Sessions:...

 were banned from participating. Each voter can vote one party via closed list
Closed list
Closed list describes the variant of party-list proportional representation where voters can only vote for political parties as a whole and thus have no influence on the party-supplied order in which party candidates are elected...

; votes are then tallied nationwide as one at-large
At-Large
At-large is a designation for representative members of a governing body who are elected or appointed to represent the whole membership of the body , rather than a subset of that membership...

 district, with the number of sectoral representatives should not surpass 20% of the total number of representatives. The law provided that each party that has 2% of the national vote be entitled one seat each, and an additional seat for every 2% of the vote thereafter until a party has three seats. This means that at a party can win the maximum three seats if it surpasses 6% of the national vote.

While the law was first used for the 1998 election
Philippine House of Representatives elections, 1998
The Elections for the House of Representatives of the Philippines were held on May 11, 1998. Held on the same day as the presidential election, the party of the incumbent president, Fidel V. Ramos' Lakas-NUCD-UMDP, won majority of the seats in the House of Representatives...

, and several parties did meet the 2% quota during the succeeding elections, they did not fill up the required 20% allocation for party-list representatives of the constitution. Furthermore, the votes for parties that had more than 6% of the vote were considered wasted
Wasted vote
In the study of electoral systems, a wasted vote may be defined in two different ways:# Any vote which is not for an elected candidate.# Any vote which does not help to elect a candidate....

. Ateneo de Manila University
Ateneo de Manila University
The Ateneo de Manila University is a private teaching and research university run by the Society of Jesus in the Philippines. It began in 1859 when the City of Manila handed control of the Escuela Municipal de Manila in Intramuros, Manila, to the Jesuits...

 mathematics professor Felix Muga II said that "Any seat allocation formula that imposes a seat-capping mechanism on the party-list proportional representation voting system contradicts the social justice provision of the 1987 Constitution."

Any vacancy will be filled up by the person next in line in the list; in cases where a seated sectoral representative switches parties, that representative will lose one's seat and the person next in line in the list shall assume the seat.

Veterans Federation Party et. al. vs. COMELEC

In 2000, the Veterans Federation Party (VFP), the Akbayan! Citizens' Action Party and several other parties sued the COMELEC which led a case in the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

; the court ruling changed the way how the seats are allocated for the winning parties. In 1998, only 25 representatives were elected out of 14 winning parties, well short of the then 52 representatives needed to fill up 20% of the House. The so-called "Panganiban formula," named after Chief Justice
Chief Justice of the Philippines
The Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...

 Artemio Panganiban
Artemio Panganiban
Artemio V. Panganiban , "The Renaissance Jurist of the 21st Century" was the 21st Supreme Court Chief Justice of the Philippines.-Early life and education:...

, calculates that the number of seats a party will win is dependent on the number of votes of the party with the highest amount of votes.

The court maintained the four inviolable parameters:


First, the twenty percent allocation - the combined number of all party-list congressmen shall not exceed twenty percent of the total membership of the House of Representatives, including those elected under the party list.


Second, the two percent threshold - only those parties garnering a minimum of two percent of the total valid votes cast for the party-list system are “qualified” to have a seat in the House of Representatives;


Third, the three-seat limit - each qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of three seats; that is, one “qualifying” and two additional seats.


Fourth, proportional representation - the additional seats which a qualified party is entitled to shall be computed “in proportion to their total number of votes.”



The court came up with the following procedure on how to determine how many seats a party wins. First, the party with the highest number of votes gets at least one seat. It can win additional seats for every 2% of the national vote until it reaches the three-seat limit.
Therefore:






where:
  • TPs is the number of seats of the top party.
  • g is the percentage of votes garnered by the sectoral organization,


For the other parties surpassing the 2% threshold, they all automatically win one seat; additional seats will be won according to the following formula.
:

where:
  • S is the number of seats
  • PV is the votes for the party
  • TP is the votes of the top party.
  • TPs is the number of seats of the top party.

The product, disregarding integers, is the number of additional seats for the party.

Prior to the adopting the "Panganiban formula," the court considered applying the Niemayer formula
Largest remainder method
The largest remainder method is one way of allocating seats proportionally for representative assemblies with party list voting systems...

 used in the allocation of seats in the German Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...

. However, since R.A. 7941 limits the maximum number of seats for each party to three, of the existence of a 2% quota, and that 20% of the seats can be filled up, the court instead devised the formula above to ensure that the 20% allocation for sectoral representatives would not be exceeded, the 2% threshold will be upheld, the three-seat limit enforced and the proportional representation be respected. The formula was first used in determining the result of the 2001
Philippine general election, 2001
The senatorial election was held in the Philippines on May 14, 2001. Independent candidate Noli de Castro, a former television anchor of TV Patrol of ABS-CBN was announced as the topnotcher...

, and was first applied in the 2004 elections
Philippine House of Representatives elections, 2004
The Elections for the House of Representatives of the Philippines were held on May 10, 2004. Being held together with presidential election, the party of the incumbent president Gloria Macapagal Arroyo, Lakas-Christian Muslim Democrats, and by extension the administration-led coalition, the...

.

The use of this formula by the COMELEC had been labeled by certain groups as to "annihilate independent voices in the House," according to Akbayan representative Etta Rosales
Etta Rosales
Etta Rosales is a Filipino activist, teacher and politician who has served three terms as the party-list representative of the Akbayan Citizens' Action Party to the Philippines' House of Representatives from the 11th-14th Congress...

. The court upheld this in subsequent cases, such as the Partido ng Manggagawa vs. COMELEC and Citizens' Battle Against Corruption vs. COMELEC.

Panganiban in 2010 remarked in a lecture at the Ateneo Law School
Ateneo Law School
The Ateneo de Manila Law School is the law school of the Ateneo de Manila University, a private Jesuit university in the Philippines. It was founded in 1936, in the Padre Faura, Manila campus of the Ateneo, where it remained even after the college, graduate school, and basic education units moved...

 that "It’s very complicated and there must be an easier formula to compute," adding that the party-list law has to be amended by Congress.

BANAT vs. COMELEC

In 2007, another party-list group, the Barangay Association for National Advancement and Transparency (BANAT, now Barangay Natin!) sued the COMELEC for not proclaiming the full number of party-list representatives (they were not among on those who were proclaimed winners). As with the other cases, the Supreme Court condensed all the cases to one case. The court ruled on April 21, 2009 that the 2% election threshold
Election threshold
In party-list proportional representation systems, an election threshold is a clause that stipulates that a party must receive a minimum percentage of votes, either nationally or within a particular district, to obtain any seats in the parliament...

 unconstitutional, and stipulated that for every five legislative districts created, one seat for sectoral representatives should be created; this thereby increased the sectoral seats in the 14th Congress
14th Congress of the Philippines
The Fourteenth Congress of the Philippines was the national legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives...

 from 22 to 55; the Supreme Court, however, upheld the 3-seat cap.

To determine the number of seats for sectoral representatives, the formula for the quotient is:
where:
  • S is the number of seats allocated for sectoral representation,
  • D is the total number of district representatives, and
  • D / 0.8 is the total number of members of the House.


To get the first guaranteed seat, a sectoral party or organization should at least get 2% of the total votes cast for partly list elections. The formula for the quotient is:
where:
  • g is the percentage of votes garnered by the sectoral organization,
  • V is the total number of votes cast in the party list representation, and
  • P is the total number votes of the sectoral organization.
Therefore:


If the total number of guaranteed seats awarded is less than the total number of seats reserved for sectoral representatives (S), the unassigned seats will awarded in the second round of seat allocation. To get the number of additional seats, this formula will be followed.
where:
  • is the total number of additional seats awarded to the sectoral organization,
  • S is the number of seats allocated for party-list representatives,
  • is the total number awarded seats in the first round of seat allocation, and
  • g is the percentage of votes garnered by the sectoral organization.
Note: should appear as whole integer.


If the total number of seats awarded after two rounds is still less than the total number of seats reserved for sectoral representatives (S), the remaining seats will be assigned to sectoral organizations next in rank (one seat each organization) whose result is 0 until all available seats are completely distributed.
where:
  • is the total number of sectoral organizations next in rank (in Round 2) to be given with one seat,
  • S is the number of seats allocated for party-list representatives,
  • is the total number awarded seats in the first round of seat allocation, and
  • is the total number awarded seats in the second round of seat allocation.


Senator Joker Arroyo
Joker Arroyo
Joker Paz Arroyo is a Filipino lawyer, politician and Senator of the Republic of the Philippines. He has no direct relation with former Presidential spouse Jose Miguel Arroyo.-Early life and career:...

 criticized the ruling of the Supreme Court, saying that the court "overreached itself and engaged in judicial legislation." Arroyo later compared with parties with between "155,000 to 197,000 votes... a measly 1 percent to 1.24 percent of the votes" to a city which needs a population of 250,000 or more to obtain its own legislative district.

Summary

Method First seat Second seat Third seat
R.A. 7941 2% of vote 4% of vote 6% of vote
VFP vs. COMELEC 2% of the vote Party with most votes: 4% of the vote Party with most votes: 6% of the vote
Other parties: Total votes divided by votes of the party with most votes; quotient will be multiplied by the number of seats the party with the most votes have. Product, disregarding decimals, is the number of seats.
BANAT vs. COMELEC 2% of the vote Product, disregarding decimals, of the percentage of the votes and the difference between number of sectoral seats and total seats already awarded
If quota has not been met, parties with less than 2% of the vote will get one seat each until the quota is met.

Example

In 2010
Philippine House of Representatives party-list election, 2010
The 2010 House of Representatives of the Philippines party-list election was on May 10, 2010. The whole country was one at-large district, where parties nominate three persons to be their candidates, ranked in order of which they'll be seated if elected...

, there are 57 party-list seats being contested. Akbayan Citizens' Action Party
Akbayan Citizens' Action Party
The Akbayan Citizens' Action Party or AKBAYAN is a registered national political party representing marginalized sectors in the Philippines. Akbayan first participated in the partylist elections in the House of Representatives in the 1998 National Elections and won one seat. The first...

 won 1,061,947 votes, with 29,311,294 valid votes. Akbayan therefore received 3.62% of the vote.
  • First round:
  • Second round:
    • A total of 25 parties had at least 2% of the vote.
Disregarding decimals,
  • Both rounds:
  • Hence, Akbayan won two seats in the House of Representatives.

Nominations

While, the party-list system has been used by some sectors which had not been able to participate in government to have a voice in Congress, allegations from left-leaning party-lists say that several parties had been used as fronts by then Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...

 administration to further their interests. Parties such as 1-UTAK, that represents transport groups, PACYAW, that claims to advocate sports development and others have government officials as nominees. The number one nominee of Ang Galing Pinoy, a group claiming to represent security guards and tricycle
Motorized tricycle (Philippines)
Motorized tricycles are a common means of passenger transport everywhere in the Philippines, except on busy major highways and very busy city streets...

 drivers, is outgoing Pampanga
Pampanga
Pampanga is a province of the Philippines located in the Central Luzon region. Its capital is the City of San Fernando, Pampanga. Pampanga is bordered by the provinces of Bataan and Zambales to the west, Tarlac and Nueva Ecija to the north, and Bulacan to the southeast...

 2nd district representative Mikey Arroyo
Mikey Arroyo
Juan Miguel Macapagal Arroyo, known as Mikey Arroyo is a Filipino actor and the representative of the party-list group Ang Galing Pinoy. He was the former congressman from second district of Pampanga from 2004 to 2010...

, the president's son; Arroyo won a seat in the 2010 election
Philippine House of Representatives party-list election, 2010
The 2010 House of Representatives of the Philippines party-list election was on May 10, 2010. The whole country was one at-large district, where parties nominate three persons to be their candidates, ranked in order of which they'll be seated if elected...

.

On the other hand, a disqualification case had been brought up against the left-leaning parties in the Bagong Alyansang Makabayan (New Patriotic Alliance) (Bayan Muna
Bayan Muna
Bayan Muna is a leftist political party in the Philippines.The motto of the party is "New Politics, the Politics of Change", against "traditional, elitist, pro-imperialist politics". Its platform includes the advocation of a government that progressively supports the working class, with meaningful...

 (Nation First), Kabataan Party-list (Youth Party-list), GABRIELA Women's Party, and Anakpawis
Anakpawis
Anakpawis is a party-list in the Philippines. The party-list is the electoral wing of the radical trade union movement Kilusang Mayo Uno.In the 2004 elections for the House of Representatives the party-list obtained 538,396 votes and two seats...

), as they are just pursuing "ideological objectives" like overthrowing the ruling system through "bloody means."

Ang Bagong Bayani-OFW Labor Party vs. COMELEC

On 2002, the Supreme Court ruled in Ang Bagong Bayani-OFW Labor Party vs. COMELEC that nominees "must be Filipino citizens belonging to marginalized and unrepresented sectors, organizations and parties, as the constitution intended to give genuine power to the people, not only by giving more law to those who have less in life, but more so by enabling them to become veritable lawmakers themselves."

BANAT vs. COMELEC

In the same BANAT vs. COMELEC case stated above, while the Supreme Court, in an 8–7 vote, continued to prohibit major political parties from participating in the party-list election, Associated Justice Antonio Carpio
Antonio Carpio
Antonio T. Carpio is an incumbent Associate Justice of the Supreme Court of the Philippines. He was appointed to the Court by President Gloria Macapagal-Arroyo and assumed office on October 26, 2001, his 52nd birthday.- Profile :...

 noted that "it is not necessary that the party-list organization's nominee 'wallow in poverty, destitution and infirmity' as there is no financial status required by the law." This effectively allowed anyone to be nominated by a party participating in the party-list election.

Results

Party-list results
2001:

Note: Majority of the parties were disqualified after the election.
2004:
2007:
2010
Philippine House of Representatives party-list election, 2010
The 2010 House of Representatives of the Philippines party-list election was on May 10, 2010. The whole country was one at-large district, where parties nominate three persons to be their candidates, ranked in order of which they'll be seated if elected...

:
Key:
  • Inner ring: Proportion of votes, excluding spoiled/invalid votes.
    • Gray: Parties that did not win seats.
  • Middle ring (2007 only): Proportion of seats won as per VFP vs. COMELEC.
  • Outer ring: Proportion of seats won (for 2007, this is the final allocation as per BANAT vs. COMELEC).
    • Black: Unfilled seats.

2010

  • Key: Italicized: incumbent representative; boldfaced: elected representative.


Further reading


See also

Methods of determining winners in party-list proportional representation
Party-list proportional representation
Party-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...

:
  • Highest averages method
    Highest averages method
    The highest averages method is the name for a variety of ways to allocate seats proportionally for representative assemblies with party list voting systems....

    • D'Hondt method
      D'Hondt method
      The d'Hondt method is a highest averages method for allocating seats in party-list proportional representation. The method described is named after Belgian mathematician Victor D'Hondt who described it in 1878...

    • Sainte-Laguë method
      Sainte-Laguë method
      The Sainte-Laguë method is one way of allocating seats approximately proportional to the number of votes of a party to a party list used in many voting systems. It is named after the French mathematician André Sainte-Laguë. The Sainte-Laguë method is quite similar to the D'Hondt method, but uses...

  • Largest remainder method
    Largest remainder method
    The largest remainder method is one way of allocating seats proportionally for representative assemblies with party list voting systems...

    • Hare quota
      Hare quota
      The Hare quota is a formula used under some forms of the Single Transferable Vote system and the largest remainder method of party-list proportional representation...

    • Droop quota
      Droop Quota
      The Droop quota is the quota most commonly used in elections held under the Single Transferable Vote system. It is also sometimes used in elections held under the largest remainder method of party-list proportional representation . In an STV election the quota is the minimum number of votes a...

    • Imperiali quota
      Imperiali quota
      The Imperiali quota is a formula used to calculate the minimum number, or quota, of votes required to capture a seat in some forms of single transferable vote or largest remainder method party-list proportional representation voting systems....

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