Supreme Court sits 32 more party list solons

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

BY EVANGELINE DE VERA

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

Comelec urged to ban fake party-list groups

Philippine bogus President Gloria Arroyo and her cohorts are desperate to stay in power by prostituting the party-lists system, massive electoral fraud, intimidation and bribery. Taxpayers’ money and other government resources are being utilized for her political survival and greed of political power. Comelec Chairman Benjamin Abalos and Malacanang Palace are conspiring to win by hook and by crook at congressional and national levels. OEA chief Farinas’ memo in the hands of the leftists groups had expose Gloria Arroyo’s evil plan. Legitimacy of the Arroyo presidency is at stake in May 14, 2007 midterm elections. The Filipino electorate will definitely reject pro-administration candidates and fake party-list groups.

Midterm elections in the Philippines important to Arroyo

Palace dares leftists to prove memo genuine

Comelec urged to ban fake party-list groups
04/22/2007
With the Palace’s “confidential” memorandum and its plan to fill the House with party-list groups said to be fronting for Malacañang in a bid to prevent any impeachment complaint against President Arroyo from flourishing, calls were yesterday made by militant party-list groups to the Commission on Elections (Comelec) to ban the fake and government funded party-list groups and remove them from the official list in the May polls.
But Malacañang also yesterday challenged the party-list groups that bared the confidential memo to have this document authenticated to prove their claims that the Palace has plans to fund at least 12 administration party-list fronts.
Detained Anakpawis Rep. Crispin Beltran yesterday called on the Comelec to purge the official list of the earlier identified alleged administration fronts while Gabriela Rep. Liza Maza said the questionable party-list groups should back out from the electoral race.
Maza said the questionable party-list groups, including Agbiag Timpuyog Ilocano, Babae Ka, Kalahi and Lypad, among other groups identified as Arroyo fronts, should voluntarily dissolve themselves.
“These questionable party-list groups should voluntarily get out of the race, and we strongly urge (Assistant Secretary of the Office of External Affairs) Marcelo Farinas to categorically state whether he is, indeed, a nominee of Agbiag party-list, not hide behind the Comelec’s refusal to divulge names of party-list nominees,” Maza said.
Fariñas, who heads Malacañang’s Office of External Affairs, was a signatory to an alleged Palace confidential memorandum to fund pro-administration party-list groups and discredit anti-administration party-lists in an attempt to thwart another impeachment complaint against Mrs. Arroyo.
“Where there’s smoke, there’s fire. Fariñas’ name has consistently come up with the controversies regarding the party-list system. In the interest of fair play, we urge the immediate dissolution of these fake party-list groups and call on the Comelec to investigate and punish those undermining the party-list system,” Maza stressed.
Gabriela Women’s Party is studying what charges to file against government officials found to have exercised partisanship using public funds in the elections.
Beltran, for his part, said the Comelec should stop dilly-dallying on the issue of the fake and government-funded party-lists and remove them from the official list participating in the May 14 polls
“May 14 is just around the corner but the Comelec has yet to resolve the issue of these government-funded party-lists. The legitimate and progressive party-lists Anakpawis, Bayan Muna and Gabriela Women’s Party as well as their sister groups Kabataan Party and Suara Bangsa Moro are being harassed and subjected to disqualification charges because they are advocating genuine representation of marginalized groups in Congress. We will not allow these fake party-lists which are actually fronts for the Macapagal-Arroyo administration to take over the party-list system and secure seats in Congress by cheating
and buying their way to victory with the help of Malacañang,” he said.
The activist lawmaker protested the bastardization of the party-list system, adding that illegitimate party-lists supportive of an illegitimate presidency have no right to claim representation in Congress.
“They are making a mockery of the advocacies of the marginalized sectors. They intend to secure seats in Congress to edge out those who truly serve the interest of the poor. The Comelec should waste no more time and settle this issue once and for all. The bogus party-lists must be disqualified and stricken off the official list of party-lists participating in the May 14 polls,” he said.
Beltran also supported the calls of other progressive parties for investigations into confidential memorandum of Fariñas II, designated in the document as the head of the OEA special concerns group (OEA-SCG), sent to Malacañang and the office of President Arroyo.
Fariñas, head of the OEA special concerns group of the office of the President, wrote to lawyer Erlyn de Leon, special assistant to the President and her close confidante. The memo sought Palace funding for these party list groups that would be supported by the Palace.
“What other proof does the Comelec need? It’s no secret that Malacañang is out to quash the progressive party-lists and undermine our chances of once more topping the party-lists elections. Our leaders and members are being killed, and the representatives, including myself, are being libeled and labeled as criminals. Despite all this, it’s being consistently revealed in all the surveys that the progressive party-lists are a shoo-in in May, and it is only through massive electoral fraud and illegal disenfranchisement of our millions of supporters that we will not win.”
“The fake and government-funded party-lists must not be allowed to participate in the May elections. The Comelec will be aiding and abetting a serious violation of electoral and constitutional law if it allows these fake party-lists endorsed and funded by Malacañang to run,” he said.
But the Puwersa ng Masa legal counsel and GO’s congressional candidate in the 2nd district of Cagayan de Oro, lawyer Rufus Rodriguez slammed Malacañang’s illegal action.
Rodriguez during a phone interview with the Tribune said that if Mrs. Arroyo intends to come clean on the latest controversy she should give the Office of the Ombudsman a free hand to probe Farinas, De Leon and others possibly involved in the illegal acts.
“We decry these alleged actions from Malacañang. For the Palace to support party listsgroups with government funds is seriously illegal because a party-list group is supposedly a private entity and the government is prohibited from contributing to any political party list so as not to influence how this party list organization would vote in Congress on such critical issues like an impeachment for the President, he said.
“With this memorandum from the OEA in the hands of the leftists groups, Mrs. Arroyo should come clean by allowing the Ombudsman to step into the case of Farinas, de Leon and others...they could be held liable for a misappropriation of government funds by the Office of the Ombudsman,” he added.
Rodriguez, also the presidential legal counsel of Estrada, said if Mrs. Arroyo has nothing to hide she should lead the prosecution in court of Farinas and de Leon.
Rodriguez charged that the 12 party-lists groups, purportedly being supported by Malacañang could be disqualified if the Comelec acts without partisanship.
“The Comelec should step into this case. It should conduct an honest to goodness probe because this is a clear violation of the anti graft law and the party list law. This party list organization can be disqualified,” he stressed.
Rodriguez cited the Comelec ruling in 2001 national elections when the poll body disqualified the MAD party list group being headed by actor Richard Gomez. The ruling came after it was found that the said party list group had received government funds in their electoral bid at the House of Representatives.
With Gerry Baldo, Sherwin C. Olaes and Tribune wires