Tuesday, April 21, 2009

Supreme Court sits 32 more party list solons

SC sits 32 more
party list solons
Says 20% mandated representation
by Charter must be followed


THE Supreme Court yesterday allowed 32 more party list representatives to sit in the House of Representatives to comply with a constitutional requirement that 20 percent of House seats should be allotted to party list-groups.

In a 35-page decision penned by Associate Justice Antonio Carpio, the Court en banc struck down for being unconstitutional the 2 percent threshold in the distribution of additional seats in relation to the distribution of additional party list seats under R.A. 7941 (Party List System Law).The decision is immediately executory.

The 2 percent threshold presents an unwarranted obstacle to the full implementation of party list representation and prevents the attainment of "the broadest possible representation of party, sectoral or group interests in the House of Representatives," the SC said.

The high court, in its ruling, set the guidelines for parties running for the remaining party list slots in Congress.

The majority decision expands to 55 seats the number of allocated party list seats. At present, only 23 seats are filled from 17 winning party list groups.

The 17 qualified party list candidates, or the "two-percenters," are the party list candidates that are "entitled to one seat each," or a guaranteed seat in the first round of seat allocation.

The high court partially granted the petition filed by the Barangay Association for National Advancement and Transparency’s (BANAT) and set aside the ruling of the Commission on Elections en banc, sitting as the National Board of Canvassers, which was promulgated on Aug. 3, 2007.

The assailed Comelec resolution approved the recommendation of 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 a petition to implement the constitutional provision.

Under the ruling, the SC decided to continue its earlier ruling disallowing major political parties from participating in the party list elections, directly or indirectly.

While the SC left the computation to the Comelec, the Court ruling entitles at least four parties which already have two seats to an additional seat, namely, Bayan Muna, Cibac, Gabriela and Apec.

Those who benefited from the SC ruling were party list groups FPJPM, Uni-Mad, ABS, Kakusa, Kabataan, Aba-ako, Alif, Senior Citizens, AT, Veterans’ Federation of the Philippines, Anad, BANAT, Ang Kasangga, Bantay, Abakada, 1-Utak and the TUCP.

Others that would have additional one seat from their lone representation at this time are A-Teacher, Alagad, Coop-Natcco, Butil, Batas, ARC, Anakpawis, Abono, Anak Mindanao, Agap and An Waray.

Under the new formula, the SC said that the percentage of votes garnered by each party list candidate is arrived at by dividing the number of votes garnered by each party by 15,950,900, the total number of votes cast for party list candidates.

The SC said there are two steps in the second round of seat allocation. First, the percentage is multiplied by the remaining available seats, 38, which is the difference between the 55 maximum seats reserved under the party list system and the 17 guaranteed seats of the "two-percenters."

"The whole integer of the product of the percentage and of the remaining available seats corresponds to a party’s share in the remaining available seats. Second, we assign one party list seat to each of the parties next in rank until all available seats are completely distributed. We distributed all of the remaining 38 seats in the second round of seat allocation," the SC said.

"Finally, we apply the three-seat cap to determine the number of seats each qualified party list candidate is entitled," the SC added.

Applying the procedure of seat allocation, there are 55 party list representatives from the 36 winning party list organizations, the Court ruled.

The SC, on the other hand, affirmed its previous ruling in Veterans Federation Party v. Comelec disallowing major political parties from participating in party list elections.

However, because the formula in Veterans has flaws in its mathematical interpretation of the term "proportional representation," the SC felt compelled to revisit the formula for the allocation of additional seats to party list organizations.

The Court noted that since the 14th Congress of the Philippines has 220 district representatives, there should be 55 seats available to party list representatives to comply with the constitutional requirement of 20 percent of the total number of House membership (district seats plus party list seats).

Under the party list law, and the deliberations of the Constitutional Commission, major political parties may coalesce with certain sectors to be able to join in party list elections.

"However, by a 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.

Those who voted to continue disallowing major political parties from the party list elections joined Chief Justice Reynato S. Puno in his separate opinion.

"On the formula to allocate party list seats, the Court was unanimous in concurring with this ponencia," the Court said. MALAYA 04/21/2009

Labels: , ,


Blogger oakleyses said...

replica watches, uggs outlet, uggs outlet, polo ralph lauren outlet online, ray ban sunglasses, louis vuitton outlet, michael kors outlet store, ugg boots, louis vuitton outlet, ugg boots, gucci handbags, burberry handbags, oakley sunglasses wholesale, polo outlet, longchamp outlet, tiffany and co, christian louboutin shoes, nike air max, nike free, burberry outlet, prada handbags, christian louboutin uk, louis vuitton, michael kors outlet online, louis vuitton outlet, christian louboutin, jordan shoes, oakley sunglasses, michael kors outlet online, michael kors outlet online, nike air max, tory burch outlet, tiffany jewelry, oakley sunglasses, nike outlet, michael kors outlet, christian louboutin outlet, uggs on sale, michael kors outlet, longchamp outlet, longchamp outlet, prada outlet, louis vuitton, replica watches, ray ban sunglasses

5:42 PM  
Blogger oakleyses said...

ray ban pas cher, mulberry uk, air max, true religion outlet, nike tn, polo lacoste, north face uk, vans pas cher, michael kors pas cher, kate spade outlet, kate spade, nike free run, michael kors outlet, guess pas cher, louboutin pas cher, true religion jeans, coach purses, sac hermes, hogan outlet, true religion outlet, coach outlet, sac longchamp pas cher, lululemon canada, coach outlet store online, michael kors, chanel handbags, longchamp pas cher, ray ban uk, north face, new balance, coach outlet, nike air max, jordan pas cher, hollister pas cher, true religion outlet, burberry pas cher, nike air force, timberland pas cher, sac vanessa bruno, nike blazer pas cher, polo ralph lauren, oakley pas cher, hollister uk, converse pas cher, nike roshe

5:43 PM  
Blogger oakleyses said...

hollister, soccer jerseys, nike free uk, nike air max uk, chi flat iron, hermes belt, north face outlet, lululemon, nike huaraches, nike air max uk, ralph lauren uk, nike air max, celine handbags, insanity workout, ghd hair, nfl jerseys, new balance shoes, reebok outlet, north face outlet, mont blanc pens, wedding dresses, ferragamo shoes, herve leger, valentino shoes, vans outlet, asics running shoes, soccer shoes, nike trainers uk, giuseppe zanotti outlet, instyler, bottega veneta, p90x workout, nike roshe run uk, babyliss, mac cosmetics, abercrombie and fitch uk, iphone 6 cases, nike roshe run, baseball bats, beats by dre, jimmy choo outlet, longchamp uk, hollister clothing, mcm handbags, timberland boots, abercrombie and fitch

5:45 PM  
Blogger oakleyses said...

pandora uk, lancel, ugg,uggs,uggs canada, montre pas cher, louis vuitton, converse, pandora charms, toms shoes, thomas sabo, links of london, juicy couture outlet, ugg pas cher, gucci, louis vuitton, michael kors outlet online, juicy couture outlet, louis vuitton, vans, swarovski crystal, ugg,ugg australia,ugg italia, louis vuitton, replica watches, michael kors outlet, ugg, ralph lauren, wedding dresses, karen millen uk, hollister, pandora jewelry, michael kors handbags, louis vuitton, converse outlet, ugg uk, doke gabbana, marc jacobs, oakley, louboutin, swarovski, supra shoes, ray ban, nike air max, hollister, coach outlet

5:46 PM  
Blogger Minko Chen said...

coach handbags outlet
true religion jeans sale
mlb jerseys
cheap jordan shoes
michael kors uk
michael kors outlet
coach outlet store
louis vuitton outlet store
lacoste pas cher
michael kors handbags wholesale
coach outlet online
michael kors outlet
true religion outlet
cheap ugg boots
michael kors handbags
rolex watches,rolex watches,swiss watches,watches for men,watches for women,omega watches,replica watches,rolex watches for sale,rolex replica,rolex watch,cartier watches,rolex submariner,fake rolex,rolex replica watches,replica rolex
oakley sunglasses
cheap ray ban sunglasses
longchamp handbags outlet
giuseppe zanotti outlet

6:48 PM  
Blogger roba. gad3 said...


8:03 PM  
Blogger good days said...

ارخص شركة نقل اثاث بمكة ارخص شركة نقل عفش بمكة نقل عفش بمكة رخيص
شركة نقل عفش شمال الرياض شركة نقل اثاث شمال الرياض
شركة نقل اثاث شرق الرياض شركة نقل عفش شرق الرياض
نقل عفش من الرياض الى المدينة المنورة
شركة نقل اثاث

1:20 PM  

Post a Comment

<< Home

free web counter
free web counter