Give a history, basis, then in this paper, we take a look at how a party list representative gets to

be a member of the House of the Representatives

Or: But who are the representatives? How are they chosen? How are they screened? This paper
aims to answer all of that.

---
-Much like a swinging pendulum, the decision of the Supreme Court on which parties compose the
party list system swings from one side to the other. Previously, the Supreme Court limited the party
list system to representatives of marginalized and underprivileged sectors. In Atong Paglaum v.
COMELEC(G.R. Nos. 203766, et al., April 2, 2013), the latest in the series of party list cases, the
pendulum now points to the opposite side.

===

ABANG LINGKOD PARTY-LIST ABANG LINGKOD, Petitioner,

vs.
COMMISSION ON ELECTIONS
The Supreme Court answered in this wise:

The phrase marginalized and underrepresented should refer only to the sectors in Section 5 that are, by
their nature, economically marginalized and underrepresented. These sectors are: labor, peasant,
fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, overseas workers, and other
similar sectors. For these sectors, a majority of the members of the sectoral party must belong to the
marginalized and underrepresented. The nominees of the sectoral party either must belong to the
sector, or must have a track record of advocacy for the sector represented

=======================

Citation examples

CONSTITUTION, (1935), Art. VII, Sec. 2, par. (3)

Republic Acts, 1946-1972, July 27, 1987 to date

Republic Act No. 4723 (1966). Sec. 2.

U.S. v. Jaranilla

------------
Section 11 of the law says party-list representatives shall constitute twenty percentum
of the total number of the members of the House of Representatives, including those
under the party-list. This provision enables Article VI, Section 5, of the 1987
Constitution.

In April 2009, the Supreme Court introduced the Carpio formula for the computation
of the winners for party-list seats in the House.

Under the previous formula, a party-list group must win at least 2 percent of all the
votes cast in the party-list election to be eligible for a seat in the House.

Voting unanimously, the Supreme Court declared the 2-percent threshold

unconstitutional, and gave a seat to a party-list group that won less than 2 percent of the
votes, and one or more additional seats to a group that polled more than 2 percent.

It is a national party when its constituency is spread over the geographical territory of at least a
majority of the regions. It is a regional party when its constituency is spread over the geographical
territory of at least a majority of the cities and provinces comprising the region.

(d) A sectoral party refers to an organized group of citizens belonging to any of the sectors
enumerated in Section 5 hereof whose principal advocacy pertains to the special interest and
concerns of their sector,

http://newsinfo.inquirer.net/279286/in-the-know-party-list-system-act

Art IX-C Sec. 2(s)

Register, after sufficient publication, political parties, organizations, or coalitions
which, in addition to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their
goals through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall likewise be
refused registration. Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or candidates related to
elections, constitute interference in national affairs, and, when accepted, shall be an
additional ground for the cancellation of their registration with the Commission, in
addition to other penalties that may be prescribed by law.
Any organized group of persons may register as a party, organization or
coalition for purposes of the party-list system by filing with the COMELEC not
later than 90 days before the election a petition verified by its president or
secretary stating its desire to participate in the party-list system as a national,
regional or sectoral party or organization or a coalition of such parties or
organizations. Any party, organization or coalition already registered with the
COMELEC need not register anew, but shall file with the COMELEC not later
than 90 days before the election a manifestation of its desire to participate in the
party-list system.

The 90-day period stated in Section 5 of RA 7941 refers to the prohibitive period
beyond which petitions for registration by parties, organizations or coalitions under
the party-list system should no longer be filed nor entertained it is simply the
minimum count back period which is not subject to reduction since it is prescribed by
law, but it is susceptible to protraction on account of administrative necessities and
other exigencies perceived by the poll body. (Aklat Asosasyon Para sa Kaunlaran ng
Lipunan at Adhikain Para sa Tao, Inc. vs. COMELEC, 427 SCRA 712)

Nomination of party-list representatives

Each registered party, organization or coalition shall submit to the COMELEC not
later than 45 days before the election a list of names, not less than five, from which
party-list representatives shall be chosen in case it obtains the required number of
votes A person may be nominated in one list only. Only persons who have given their
consent in writing may be named in the list. The list shall not include any candidate
for any elective office or a person who has lost his bid for an elective office in the
immediately preceding election. No change shall be allowed after the list shall have
been submitted to the COMELEC except in cases where the nominee dies, or
withdraws in writing his nomination, becomes incapacitated, in which case the name
of the substitute nominee shall be placed last in the list.
 In BA-RA 7941 vs. COMELEC, GR Nos. 177271 and
Duty to Disclose Names of Nominees.
177314, May 4, 2007, it was held that the COMELEC had the constitutional duty to
disclose and release the names of the nominees of the party-list groups. Section 7,
Article III of the Constitution the right of the people to information on matters of
public concern and Section 28 of Article II the State adopts and implement a policy
of full disclosure of all its transactions involving public interests served as basis of
the Court in ordering the poll body to divulge the said names. The Court also ruled
that no security or like concerns is involved in the disclosure of the names of the
nominees of the party-list groups in question. The prohibition imposed on the
COMELEC not to disclose the names under Section 7 of RA 9471 is limited in scope
and duration as it extends only to the certified list which the same provision requires
to be posted in the polling places on election day and that to further stretch the
coverage of the prohibition to the absolute is to read into the law something that it is
not intended.

https://jeahjeangacz.wordpress.com/2014/07/15/election-
laws/

https://lexoterica.wordpress.com/2013/05/01/changing-rules-
on-the-party-list-system/

Political parties, even the major ones, may participate in the party-list elections,
except for purposes of the May 11, 1998 elections The requisite character of these
organizations must be consistent with the purpose of the party-list system, as laid
down in the Constitution and RA 7941.

Under the Constitution and RA 7941, private respondents cannot be disqualified from
the party list elections, merely on the ground that they are political parties. Sec. 5 Art.
VI of the Constitution provides that members of the House of Representatives may be
elected through a party-list system of registered national, regional and sectoral parties
or organizations. Furthermore, under Secs. 7 and 8, Art IX-C of the Constitution,
 political parties may be registered under the party-list system. (Ang Bagong Bayani-
OFW Labor Party, et al. vs. COMELEC, et al. GR No.147589, June 26, 2001)

3. That religious sector may not be represented in the party-list system; except that
priest, imam or pastors may be elected should they represent not their religious sect
but the indigenous community sector;
4. A party or an organization must not be disqualified under Sec. 6, RA 7941;
5. The party organized must not be an adjunct of, or a project organized or an entity
funded or assisted by, the government;
6. Not only the candidate party or organization must represent marginalized and
underrepresented sectors, so also must its nominees; under Section 9 of RA 7941,it is
ot necessary that the party-list organizations nominee wallow in poverty, desitution
and infirmity as there is nofinancial status required by the law;
7. While lacking a well-defined political constituency, the nominee must likewise be
able to contribute to the formation and enactment of appropriate legislation that will
benefit the nation as a whole.

Qualifications of Party-List Nominees

1. Natural-born citizen of the Philippines

2. A registered voter
3. A resident of the Philippines for at least one year immediately preceding the day of
election
4. Able to read and write
5. A bona fide member of the party organization which he seeks to represent for at least
90 days preceding the day of election; and
6. At least 25 years of age on the day of election. For youth sector, he must at least 25
years of age but not more than 30 years of age on the day of election. Any youth
sectoral representative who attains the age of 30 during his term shall be allowed to
continue in office until the expiration of his term.