Party List Laws

COMELEC RESOLUTION NO. 3307-A

2009-07-29T05:43:00.001-07:00

RULES AND REGULATIONS GOVERNING THE FILING OF PETITION FOR REGISTRATION, MANIFESTATION TO PARTICIPATE, AND SUBMISSION OF NAMES OF NOMINEES UNDER THE PARTY-LIST SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS.

The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and other election laws, resolved to promulgate, as it hereby promulgates the following RULES AND REGULATIONS GOVERNING THE FILING OF PETITION FOR REGISTRATION, MANIFESTATION TO PARTICIPATE, AND SUBMISSION OF NAMES OF NOMINEES UNDER THE PARTY-LIST SYSTEM OF REPRESENTATION in connection with the May 14, 2001 national and local elections.

Section 1. Registration Requirement. - Only organized groups duly registered with the Commission on Elections, and which have manifested their desire to participate in the party-list election, may participate in the Party-List System of Representation in the House of Representatives.

Sec. 2. Who may file petition for registration and manifestation to participate. -

a. Organized groups not yet registered with the Commission on Elections may file a petition for registration under the party-list system.

b. An organized group already registered need not register a new. However, it shall file with the Commission a manifestation to participate in the party-list election.

Sec. 3. Who may participate. - The following organized groups may participate in the party-list election:

a. Sectoral Party – an organized group of citizens whose principal advocacy pertains to the special interests and concerns of the following sectors: Labor; Peasant; Urban Poor; Indigenous Cultural Communities; Elderly; Handicapped; Women; Youth; Overseas Workers; Fisherfolk; Veterans; and Professional;

b. Sectoral Organization - a group of qualified voters bound together by similar physical attributes or characteristics, or by employment, interests or concerns;

c. Political Party – an organized group of qualified voters pursuing the same ideology, political ideas and principles for the general conduct of the government; and

d. Coalition – an aggrupation of duly-registered national, regional, sectoral parties or organizations for political and/or election purposes.

In scope, a sectoral party, sectoral organization, political party or coalition, may either be national as when its constituency is spread over the geographical territory of at least a majority of the regions, or regional as when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising a region.

Sec. 4. Where to file petition for registration and manifestation to participate. - The petition for registration and manifestation to participate shall be filed with the Clerk of the Commission, Commission on Elections, Manila, as follows:

(1) For petitions involving a party with a national constituency, in twenty-three (23) copies;

(2) For petitions involving a party with a regional constituency, in ten (10) copies; and

(3) For manifestations, in twelve (12) legible copies.

A sample form of the manifestation to participate is attached hereto as Annex "A".

Petitions for registration or manifestations participate shall be filed directly with the Commission. Petitions or manifestations filed by mail, telegram or facsimile shall not be accepted. It shall be signed by the President or Secretary-General.

Sec. 5. When to file petition for registration and manifestation to participate. -

a. Petitions for registration shall be filed not later than November 15, 2000; and

b. Manifestations to participate in the party-list election shall be filed not later than January 14, 2001.

Sec. 6. Petition for Registration, Contents. - The petition for registration shall be verified and shall state the following:

a. the name of the petitioner;

b. the nature of the organization: whether it is a sectoral party, sectoral organization, political party or coalition;

c. the sector which it seeks to represent;

d. the name and address of its President or Secretary-General, who will represent the party in the petition;

e. petitioner’s principal headquarters and postal office address;

f. names, positions and addresses of its elected officers;

g. petitioner’s desire to participate in the party-list election;

h. the names and addresses of its chapter offices;

i. that all of its officers and members are made aware of the petition and have given their consent thereto;

j. the list of the documents attached to the petition;

k. names, addresses and representatives of sectoral parties or organizations affiliated with petitioner, which affiliates need not be registered with the Commission, but have given their consent thereto;

l. its intention and/or manifestation to participate in the party-list election;

m. that it is not a religious sect or denomination, organization or association organized for religious purpose;

n. that it is not a foreign party or organization;

o. that it does not receive support for partisan political purposes from any foreign government, foreign political party, foundation, organization, whether directly or indirectly, or through any of its officers or members or indirectly through third parties;

p. the period of existence of petitioner, which shall be at least one year at the time the petition if filed; and

q. that it commits to comply with the laws, rules and regulations relating to elections.

The President or Secretary-General representing the party shall affix his signature on the verification portion of the petition and state under oath that he is one of the officers of the petitioner duly authorized to verify the petition; that he has caused the preparation and filing of the petition; and that he read and understood the contents of the petition and acknowledge that the same are true and correct based on his personal knowledge.

Sec. 7. Documents to support petition for registration. - The following documents shall support petitions for registration:

a. Constitution and by-laws;

b. Platform or program of government;

c. Lists of officers and members;

d. Coalition agreement, if any; and

e. Other information required by the Comelec.

A filing fee of one thousand pesos (P1,000), and a research fee of twenty pesos (P20.00) shall be charged for each petition.

Sec. 8. Contents of manifestation to participate. - The manifestation to participate shall be under oath and state the following: a) name and nature of the filer, whether a sectoral party, sectoral organization, political party or coalition: b) the date of its registration with the Commission; c) that at no time has it ceased to exist for one year from the time of its registration; d) and its desire to participate in the party-list election.

A filing fee of One thousand pesos (P1,000), and a research fee of Twenty pesos (P20.00) shall be charged for each manifestation.

Sec. 9. Receiving and recording of petitions for registration and manifestation to participate. -Upon receipt of the requirements provided for in Sections 7 and 8 hereof, the Clerk of the Commission shall receive and acknowledge receipt of the petition for registration or manifestation to participate by stamping every copy of each petition or manifestation with the date and time of its receipt, and the signature of the officer who actually received the same. Petitions shall be docketed and a docket number shall be assigned therefor. A copy of each manifestation shall be forwarded to the Law Department for the preparation of the certified list of parties participating in the party-list election.

No petition for registration or manifestation to participate shall be received after 12:00 o’clock midnight of the dates provided for in Section 5 hereof.

Sec. 10. Procedure for registration. - Upon receipt of the petition for registration, the Clerk of the Commission shall determine if the petition is in due form and substance and verify the accuracy of the allegations therein. Within seven (7) days from the last day for the filing of petitions for registration, it shall submit all petitions received together with its findings and recommendations to the Commission en banc.

Upon receipt of the petition from the Clerk of the Commission, the Commission en banc shall require the petitioner to publish at his expense the petition in two (2) national newspapers of general circulation.

The commission, after due notice and hearing, shall resolve the petition within fifteen (15) days from the date it was submitted for decision but not later than one hundred twenty (120) days before election day.

Sec. 11. Grounds for removal or cancellation of registration. - The Commission may motu proprio or upon verified complaint of any interested party, remove or cancel after due notice and hearing the registration of any national, regional or sectoral party, organization or coalition, on any of the following grounds:

Through third parties for partisan election purposes:

a. It is a religious sect or denomination, organization or association organized for religious purposes;

b. It advocates violence or unlawful means to achieve its goal;

c. It is a foreign party or organization;

d. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or indirectly or through its officers or members

Or indirectly through third parties for partisan election purposes:

e. It violates or fails to comply with laws, rules or regulations relating to elections;

f. It has made untruthful statements in its Petition; or

g. It has ceased to exist for at least one (1) year from the time the petition is filed.

Sec. 12. Distribution of copies. - The copies of the manifestations to participate shall be distributed by the Clerk of the Commission, as follows:

(a) First copy, to be retained by the Clerk of the Commission;

(b) Second copy, to the Commission en banc through the Chairman;

(c) Third copy, to the Law Department;

(d) Fourth copy, to the Election Records and Statistic Department; and

(e) Fifth copy, to the Comelec Secretary.

Sec. 13. Submission of names of nominees. - A registered party shall submit to the Law Department, Commission on Elections, Manila, not later than March 31,2001, a list of not less than five (5) nominees from which the representatives shall be chosen in case it obtains the required number of votes.

Sec. 14. Qualifications of nominees. A party-list nominee must be:

1. A natural–born citizen of the Philippines;

2. A registered voter;

3. A resident of the Philippines for a period of not less than one (1) year immediately preceding election day;

4. Able to read and write;

5. A bona fide member of the party he seeks to represent for at least ninety (90) days preceding election day; and

6. A least twenty-five (25) years of age on election day.

In the case of the youth sector, he must be at least twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.

Sec. 15. Limitations to party-list nominations. - The following are the limitations to the list of nominees filed by a registered party:

(a) A person may be nominated by one party in one (1) list only;

a. Only persons who have given their consent in writing and under oath may be named in the list;

b. The list shall not include any candidate for any elective office in the same election, or has lost his bid for an elective office in the immediately-preceding election; and

c. No change of name or alteration of the order of nominees shall be allowed after the list has been submitted to the Commission, except in valid cases of substitution. (b) Any person who gives his consent in writing and under oath to more than one nomination shall be disqualified from being a nominee.

Sec. 16. Effects of acceptance of nomination. -

a. Any person holding a public APPOINTIVE office including active members of the Armed Forces of the Philippines, and other officers and employees in government owned or-controlled corporation, shall be considered ipso facto resigned from his office upon his acceptance of a nomination.

b. Any ELECTIVE official, except incumbent party-list representatives, who has given his consent to a nomination shall be deemed resigned only upon the start of the campaign period.

Sec. 17. Withdrawal of nomination or acceptance of nomination. - Withdrawal of nominations or acceptance of nominations shall be in writing and under oath, and filed with the Law Department of the Commission in Manila before the close of polls.

A nominee who withdraws his acceptance to the nomination shall not be eligible for nomination by other parties.

Sec. 18. Substitution of nominees. - A party-list nominee may be substituted only when he dies, or his nomination is withdrawn by the party, or he becomes incapacitated to continue as such, or he withdraws his acceptance to the nomination. In any of these cases, the name of the substitute nominee shall be placed last in the list of nominees.

No substitution shall be allowed by reason of withdrawal after the close of polls.

Sec. 19. Nuisance party, organization or coalition. - The Commission may, motu proprio, or upon verified petition of an interested party, refuse to give due course to a petition for registration, if it is shown that said petition has been filed to put the election process in mockery or disrepute, or to cause confusion among the voters by the similarity of the names of registered parties, or by other circumstances or acts which clearly demonstrate that the petitioner has no bona fide intention to represent the sector for which the petition has been filed and thus prevent a faithful determination of the true will of the electorate.

A verified petition to declare a duly registered party as a nuisance party shall be signed by the President/Secretary General filed directly with the Clerk of the Commission, Commission on Elections in Manila, by any registered party within five (5) days from the last day for the filing of petitions for registration.

Sec. 20. Petition to deny due course to a petition for registration or to cancel a registration. - A verified petition seeking to deny due course to a petition for registration may be filed with the Clerk of the Commission, Commission on Elections in Manila, by any interested party within five (5) days from the last day of filing of petitions for registration or manifestation to participate, in case of parties already registered, on any of the grounds mentioned in Section 11 hereof.

Sec. 21. Delegation of reception of evidence. - In petitions to declare a party, organization or coalition as a nuisance, or to deny due course to a petition for registration, or to cancel a registration, the Commission may delegate the hearing and reception of evidence to any ranking lawyer of the Commission, who shall submit a report to the Commission through the Clerk of the Commission within three (3) days from the completion of such submission of evidence, which shall in no case be later than January 19, 2001.

Sec. 22. Disqualification after filing of petition for registration or manifestation to participate. - Any party, which in a petition for disqualification is found by the Commission of having committed any act declared by law to be a ground for disqualification, shall be disqualified from running under the party-list system, or from being proclaimed. Its nominees shall likewise be disqualified from holding office.

Sec. 23. Effect of disqualification. - Any party, which has been declared by final judgment to be disqualified, shall not be voted for and the votes cast for it shall not be counted. If, before the election a party is not, for any reason, declared by final judgment to be qualified and it is voted for and received the required number of votes in such election, the court or the Commission shall continue with the trial and hearing of the action, and upon motion of the complainant or intervenor, may during the pendency thereof, order the suspension of the proclamation of such party whenever the evidence of guilt is strong.

Sec. 24. Effectivity. - This resolution shall take effect on the seventh day following its publication in two (2) daily newspaper of general circulation.

Sec. 25. Dissemination. - The Education and Information Department shall cause the publication of this resolution, and furnish copies hereof to all field offices of the Commission as well as to the President or Secretary-General of all parties, organizations of coalitions registered under the party-list system.

(Sgd.) HARRIET O. DEMETRIOU, Chairman
(Sgd.) JULIO F. DESAMITO, Commissioner
(Sgd.) TERESITA DY-LIACCO FLORES, Commissioner
(Sgd.) LUZVIMINDA G. TANCANGCO, Commissioner
(Sgd.) RALPH C. LANTION, Commissioner
(Sgd.) RUFINO S.B. JAVIER, Commissioner
(Sgd.) MEHOL K. SADAIN, Commissioner

Promulgated: 09 November 2000

Rule 32 Registration of Political Parties or Organization

2009-07-29T02:22:00.000-07:00

PART V

PARTICULAR ACTIONS OR PROCEEDINGS

F. SPECIAL PROCEEDINGS

Rule 32
Registration of Political Parties or Organization

February 15, 1993

Sec. 1. Petition for registration

Sec. 2. Contents of petition

Sec. 3. Other requirements

Sec. 4. Verification

Sec. 5. Notice of hearing

Sec. 6. Publication of petition and notice of hearing

Sec. 7. Certificate of registration

Sec. 8. Cancellation of registration

Section 1. Petition for Registration. - Any political party, organization or coalition of political parties seeking registration pursuant to Section 2 (5), Subdivision C of Article IX of the Constitution shall file with the Law Department of the Commission a petition duly verified by its President and Secretary -General, or any official duly authorized to do so under its Constitution and By-laws;

Sec. 2. Contents of Petition. - The petition for registration shall state the following:

1. Full name of the political party, organization or coalition of political parties;

2. The principal headquarters and post office address for election purposes, including its branches and divisions, if any;

3. The date and place of its organization;

4. The date and manner of election or selection of its officers;

5. The names and addresses of its organizers and officers, Executive Committee members, Directorate, or Party Convention delegates, if any;

6. The extent of its constituency;

7. Its program of government;

8. That it is not a religious sect or denomination;

9. That it shall not pursue its goals through violence or other unlawful means;

10. That it shall uphold and adhere to the Constitution and shall obey all laws and legal orders promulgated by duly constituted authorities;

11. That it is not supported by, nor does it accept financial contribution from any foreign government or their agencies; and

12. Other information that may be material and relevant to the petition.

Sec. 3. Other Requirements. - The petitioner shall attach to the petition for registration ten (10) copies of its constitution and by-laws, party platform, organizational papers, declarations of political creed or code of political ethics and such other documents of similar or equivalent character.

Sec. 4. Verification. - Before taking action on the petition, the Commission shall first verify, through its filed offices, the status and capacity of the petitioner and the veracity of the allegations in the petition and its enclosures. Not later than fifteen (15) days from notice of the Commission's instruction, the field office concerned shall submit its written report, in ten (10) copies, together with supporting documents or records, if any.

Sec. 5. Notice of Hearing. - Upon receipt of the reports from its field offices, the Commission shall immediately set the petition for hearing and shall send notices to the petitioner and other parties concerned.

Sec. 6. Publication of Petition and Notice of Hearing. - On the day following the receipt of the notice of hearing, the petitioner shall cause the publication of the petition, together with the notice of hearing, in three (3) daily newspaper of general circulation, notifying in writing the Commission of such action.

Sec. 7. Certificate of Registration. - A certificate of registration shall be issued by the Commission upon approval of the petition, which shall be displayed in the main office and in all chapters of the petitioner.

Sec. 8. Cancellation of Registration. - Upon verified complaint of any interested party, or motu proprio by the Commission, the registration of any political party, coalition of political parties or organization under the party-list system may be cancelled after due notice and hearing on the following grounds:

a. Acceptance by the political party, coalition of political parties, or organizations or any of its candidates, of financial contributions from foreign governments and/or their agencies for activities related to elections;

b. Violation of laws, rules or regulations relating to elections, plebiscites, referenda, or initiative;

c. Untruthful statements in its petition for registration;

d. The said political party, coalition of political parties or organization has become a religious sect or denomination, is pursuing its goals thru violence or other unlawful means, is refusing to adhere to or uphold the Constitution of the Philippines, or is receiving support from any foreign government, and

e. Failure to comply with applicable laws, rules or regulations of the Commission.

f. Failure to field official candidates in the last two proceeding elections or failure of their candidates to obtain at least five (5) per centum of the votes cast in the last two preceding elections.

REPUBLIC ACT No. 7941, Party-List System Act

2009-07-29T02:17:00.000-07:00

AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. - This Act shall be known as the "Party-List System Act".

Sec. 2. Declaration of Policy. - The State shall promote proportional representation in the election of representatives to the House of Representatives through a party-list system of registered national, regional and sectoral parties or organizations or coalitions thereof, which will enable Filipino citizens belonging to the marginalized and underrepresented sectors, organizations and parties, and who lack well-defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. Towards this end, the State shall develop and guarantee a full, free and open party system in order to attain the broadest possible representation of party, sectoral or group interests in the House of Representatives by enhancing their chances to compete for and win seats in the legislature, and shall provide the simplest scheme possible.

Sec. 3. Definition of Terms. -

a. The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the Commission on Elections (COMELEC). Component parties or organizations of a coalition may participate independently provided the coalition of which they form part does not participate in the party-list system.

b. A party means either a political party or a sectoral party or a coalition of parties.

c. A political party refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office.

d. 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.

e. 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 interests and concerns of their sector.

f. A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interest or concerns.

g. A coalition refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes.

Sec. 4. Manifestation to Participate in the Party-List System. - Any party, organization, or coalition already registered with the Commission need not register anew. However, such party, organization or coalition shall file with the Commission, not later than ninety (90) days before the election, a manifestation of its desire to participate in the party-list system.

Sec. 5. Registration. - 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 ninety (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, attaching thereto its constitution, by-laws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require: provided, that the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.

The COMELEC shall publish the petition in at least two (2) national newspapers of general circulation.

The COMELEC shall, after due notice and hearing, resolve the petition within fifteen (15) days from the date it was submitted for decision but in no case not later than sixty (60) days before election.

Sec. 6. Removal and/or Cancellation of Registration. - The COMELEC may motu proprio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:

1. It is a religious sect or denomination, organization or association organized for religious purposes;

2. It advocates violence or unlawful means to seek its goal;

3. It is a foreign party or organization;

4. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

5. It violates or fails to comply with laws, rules or regulations relating to elections;

6. It declares untruthful statements in its petition;

7. It has ceased to exist for at least one (1) year; or

8. It fails to participate in the last two (2) preceding elections or fails to obtain at least two percentum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

Sec. 7. Certified List of Registered Parties. - The COMELEC shall, not later than sixty (60) days before election, prepare a certified list of national, regional, or sectoral parties, organizations or coalitions which have applied or who have manifested their desire to participate under the party-list system and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the party-list nominees shall not be shown on the certified list.

Sec. 8. Nominations of Party-List Representatives. - Each registered party, organization or coalition shall submit to the COMELEC not later than forty-four (45) [sic] days before the election a list of names, not less than five (5) from which party-list representatives shall be chosen in case it obtains the required number of votes.

A person may be nominated in one (1) 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 person who has lost his bid for an elective office in the immediately preceding election. No change of names or alteration of the order of nominees shall be allowed after the same 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 substitutes nominee shall be placed last in the list. Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned.

Sec. 9. Qualification of Party-List Nominees. - No person shall be nominated as party-list representative unless he is a natural born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election, able to read and write, bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election. In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty during his term shall be allowed to continue until the expiration of his term.

Sec. 10. Manner of Voting. - Every voter shall be entitled to two (2) votes. The first is a vote for candidate for member of the House of Representatives in his legislative district, and the second, a vote for the party, organization, or coalition he wants represented in the House of Representatives: provided, that a vote cast for a party, sectoral organization, or coalition not entitled to be voted for shall not be counted: provided, finally that the first election under the party-list system shall be held in May 1998. The COMELEC shall undertake the necessary information campaign for purposes of educating the electorate on the matter of the party-list system.

Sec. 11. Number of Party-List Representatives. - The party-list representatives shall constitute twenty percentum (20%) of the total number of the members of the House of Representatives including those under the party-list. For purposes of the May 1998 elections, the first five (5) major political parties on the basis of party representation in the House of Representatives at the start of the Tenth Congress of the Philippines shall not be entitled to participate in the party-list system. In determining the allocation of seats for the second vote, the following procedure shall be observed: The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes garnered during the elections. 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 seat each: provided, that those garnering more than two percent (2%) of the votes shall be entitled to additional seats in proportion to their total number of votes: provided, finally, that each party, organization, or coalition shall be entitled to not more than three (3) seats.

Sec. 12. Procedure in Allocating Seats for Party-List Representatives. - The COMELEC shall tally all the votes for the parties, organizations, or coalitions on a nationwide basis, rank them according to the number of votes received and allocate party-list representatives proportionately according to the percentage of votes obtained by each party, organization, or coalition as against the total nationwide votes cast for the party-list system.

Sec. 13. How Party-List Representatives are Chosen. - Party-list representatives shall be proclaimed by the COMELEC based on the list of names submitted by the respective parties, organizations, or coalitions to the COMELEC according to their ranking in the said list.

Sec. 14. Term of Office. - Party-list representatives shall be elected for a term of three (3) years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No party-list representatives shall serve for more than three (3) consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Sec. 15. Change of Affiliation Effect. - Any elected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat: provided, that if he changes his political party or sectoral affiliation within six (6) months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.

Sec. 16. Vacancy. - In case of vacancy in seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization, or coalition concerned shall submit additional nominees.

Sec. 17. Rights of Party-List Representatives. - Party-list representatives shall be entitled to the same salaries and emoluments as regular members of the House of Representatives.

Sec. 18. Rules and Regulations. - The COMELEC shall promulgate the necessary rules and regulations as may be necessary to carry out the purpose of this Act.

Sec. 19. Appropriations. - The amount necessary for the implementation of this Act shall be provided in the regular appropriations for the Commission on Elections starting fiscal year 1996 under the General Appropriations Act. Starting 1995, the COMELEC is hereby authorized to utilize savings and other available funds for purposes of its information campaign on the party-list system.

Sec. 20. Separability Clause. - If any part of this Act is held invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.

Sec. 21. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed.

Sec. 22. Effectivity. - This Act shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Approved:

(Sgd.) EDGARDO J. ANGARA (Sgd.) JOSE DE VENECIA, JR.
President of the Senate Speaker of the House of Representatives

This Act, which is a consolidation of House Bill No. 3043 and Senate Bill No. 1913, was finally passed by the House of Representatives and the Senate on February 28, 1995.

(Sgd.) EDGARDO E. TUMANGAN (Sgd.) CAMILO L. SABIO
Secretary of the Senate Secretary General
House of Representatives

Approved: March 3, 1995

(Sgd.) FIDEL V. RAMOS
President of the Philippines

COMELEC RESOLUTION NO. 3307

2009-07-29T02:12:00.000-07:00

RULES AND REGULATIONS GOVERNING THE FILING OF PETITION FOR REGISTRATION, MANIFESTATION TO PARTICIPATE, AND SUBMISSION OF NAMES OF NOMINEES UNDER THE PARTY-LIST SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS.

The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and other election laws, resolved to promulgate, as it hereby promulgates the following RULES AND REGULATIONS GOVERNING THE FILING OF PETITION FOR REGISTRATION, MANIFESTATION TO PARTICIPATE, AND SUBMISSION OF NAMES OF NOMINEES UNDER THE PARTY-LIST SYSTEM OF REPRESENTATION in connection with the May 14, 2001 national and local elections.

Section 1. Registration requirement. - Only organized groups duly registered with the Commission on Elections, and which have manifested their desire to participate in the party-list election, may participate in the Party-List System of Representation in the House of Representatives.

Sec. 2. Who may file petition for registration and manifestation to participate. - (a) Organized groups not yet registered with the Commission on Elections may file a petition for registration under the party-list system.

(b) An organized group already registered need not register anew. However, it shall file with the Commission a manifestation to participate in the party-list election.

Sec. 3. Who may participate. - The following organized groups may participate in the party-list election:

(a) Sectoral party - an organized group of citizens whose principal advocacy pertains to the special interests and concerns of the following sectors: Labor; Peasant; Urban Poor; Indigenous Cultural Communities; Elderly; Handicapped; Women; Youth; Overseas Workers; Fisherfolk; Veterans; and Professionals;

(b) Sectoral organization - a group of qualified voters bound together by similar physical attributes or characteristics, or by employment, interests or concerns;

(c) Political party - an organized group of qualified voters pursuing the same ideology, political ideas and principles for the general conduct of the government; and

(d) Coalition - an aggrupation of duly-registered national, regional, sectoral parties or organizations for political and/or election purposes.

In scope, a sectoral party, sectoral organization, political party or coalition, may either be national as when its constituency is spread over the geographical territory of at least a majority of the regions, or regional as when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising a region.

Sec. 4. Where to file petition for registration and manifestation to participate. - The petition for registration and manifestation to participate shall be filed with the Clerk of the Commission, Commission on Elections, Manila, as follows:

(1) For petitions involving a party with a national constituency, in twenty-three (23) copies;

(2) For petitions involving a party with a regional constituency, in ten (10) copies; and

(3) For manifestations, in twelve (12) legible copies.

A sample form of the manifestation to participate is attached hereto as Annex "A".

Petitions for registration or manifestations to participate shall be filed directly with the Commission. Petitions or manifestations filed by mail, telegram or facsimile shall not be accepted. It shall be signed by the President or Secretary-General.

Sec.5. When to file petition for registration and manifestation to participate. - (a) Petitions for registration shall be filed not later than November 15, 2000; and (b) Manifestations to participate in the party-list election shall be filed not later than January 14, 2001.

Sec. 6. Petition for Registration, Contents. - The petition for registration shall be verified and shall state the following:

(a) the name of the petitioner;
(b) the nature of the organization: whether it is a sectoral party, sectoral organization, political party or coalition;
(c) the sector which it seeks to represent;
(d) the name and address of its President or Secretary-General, who will represent the party in the petition;
(e) petitioner’s principal headquarters and postal office address;
(f) names, positions and addresses of its elected officers;
(g) petitioner’s desire to participate in the party-list election;
(h) the names and addresses of its chapter offices;
(i) that all of its officers and members are made aware of the petition and have given their consent thereto;
(j) the list of the documents attached to the petition;
(k) names, addresses and representatives of sectoral parties or organizations affiliated with petitioner, which affiliates need not be registered with the Commission, but have given their consent thereto;
(l) its intention and/or manifestation to participate in the party-list election;
(m) that it is not a religious sect or denomination, organization or association organized for religious purpose;
(n) that it is not a foreign party or organization;
(o) that it does not receive support for partisan political purposes from any foreign government, foreign political party, foundation, organization, whether directly or indirectly, or through any of its officers or members, or indirectly through third parties;
(p) the period of existence of petitioner, which shall be at least one year at the time the petition is filed; and
(q) that it commits to comply with the laws, rules and regulations relating to elections.

The President or Secretary-General representing the party shall affix his signature on the verification portion of the petition and state under oath that he is one of the officers of the petitioner duty authorized to verify the petition; that he has caused the preparation and filing of the petition; and that he read and understood the contents of the petition and acknowledge that the same are true and correct based on his personal knowledge.

Sec. 7. Documents to support petition for registration. - The following documents shall support petitions for registration:

(a) Constitution and by-laws;

(b) Platform or program or government;

(c) Lists of officers and members;

(d) Coalition agreement, if any; and

(e) Other information required by the Comelec.

A filing fee one thousand pesos (P1,000), and a research fee of twenty pesos (P20.00) shall be charged for each petition.

Sec. 8. Contents of manifestation to participate. - The manifestation to participate shall be under oath and state the following:

(a) name and nature of the filer, whether a sectoral party, sectoral organization, political party or coalition;
(b) the date of its registration with the Commission;
(c) that at no time has it ceased to exist for one year from the time of its registration; and
(d) its desire to participate in the party-list election.

A filing fee of one thousand pesos (P1,000), and a research fee of twenty pesos (P20.00) shall be charged for each manifestation.

Sec. 9. Receiving and recording of petitions for registration and manifestation to participate. - Upon receipt of the requirements provided for in Sections 7 and 8 hereof, the Clerk of the Commission shall receive and acknowledge receipt of the petition for registration or manifestation to participate by stamping every copy of each petition or manifestation with the date and time of its receipt, and the signature of the officer who actually received the same. Petitions shall be docketed and a docket number shall be assigned therefor. A copy of each manifestation shall be forwarded to the Law Department for the preparation of the certified list of parties participating in the party-list election.

No petition for registration or manifestation to participate shall be received after 12:00 o’clock midnight of the dates provided for in Section 5 hereof.

Sec. 10. Procedure for registration. - Upon receipt of the petition for registration, the Clerk of the Commission shall determine if the petition is in due form and substance and verify the accuracy of the allegations therein. Within seven (7) days from the last day for the filing of petitions for registration, it shall submit all petitions received together with its findings and recommendations to the Commission en banc.

Upon receipt of the petition from the Clerk of the Commission, the Commission en banc shall require the petitioner to publish at his expense the petition in two (2) national newspapers of general circulation.

The Commission, after due notice and hearing, shall resolve the petition within fifteen (15) days from the date it was submitted for decision but not later than one hundred twenty (120) days before election day.

Sec. 11. Grounds for removal or cancellation of registration. - The Commission may refuse registration or cancel the same motu proprio or upon verified complaint of any interested party, after due notice and hearing, on any of the following grounds:

(a) It is a religious sect or denomination, organization or association organized for religious purposes;

(b) It advocates violence or unlawful means to achieve its goal;

(c) It is a foreign party or organization;

(d) It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or indirectly or through its officers or members or indirectly through third parties for partisan election purposes;

(e) It violates or fails to comply with laws, rules or regulations relating to elections;

(f) It has made untruthful statements in its Petition; or

(g) It has ceased to exist for at least one (1) year from the time the petition is filed.

Sec. 12. Distribution of copies. - The copies of the manifestations to participate shall be distributed by the Clerk of the Commission, as follows:

(a) First copy, to be retained by the Clerk of the Commission;

(b) Second copy, to the Commission en banc through the Chairman;

(c) Third copy, to the Law Department;

(d) Fourth copy, to the Election Records and Statistics Department; and

(e) Fifth copy, to the Comelec Secretary.

Sec. 13. Submission of names of nominees. - A registered party shall submit to the Law Department, Commission on Elections, Manila, not later than March 31, 2001, a list of not less than five (5) nominees from which the representatives shall be chosen in case it obtains the required number of votes.

Sec. 14. Qualifications of nominees. - A party-list nominee must be:

1. A natural-born citizen of the Philippines;

2. A registered voter;

3. A resident of the Philippines for a period of not less that one (1) year immediately preceding election day;

4. Able to read and write;

5. A bona fide member of the party he seeks to represent for at least ninety (90) days preceding election day; and

6. At least twenty-five (25) years of age on election day.

In the case of the youth sector, he must be at least twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.

Sec. 15. Limitations to party-list nominations. - The following are the limitations to the list of nominees filed by a registered party:

(a) A person may be nominated by one party in one (1) list only;

(b) Only persons who have given their consent in writing and under oath may be named in the list;

(c) The list shall not include any candidate for any elective office in the same election, or has lost his bid for an elective office in the immediately-preceding election; and

(d) No change of name or alteration of the order of nominees shall be allowed after the list has been submitted to the Commission, except in valid cases of substitution.

Any person who gives his consent in writing and under oath to more than one nomination shall be disqualified from being a nominee.

Sec. 16. Effects of acceptance of nomination. - (a) Any person holding a public appointive office including active members of the Armed Forces of the Philippines, and other officers and employees in the government-owned or -controlled corporation, shall be considered ipso facto resigned from his office upon his acceptance of a nomination.

(b) Any elective official, except incumbent party-list representatives, who has given his consent to a nomination shall be deemed resigned only upon the start of the campaign period.

Sec. 17. Withdrawal of nomination or acceptance of nomination. -Withdrawal of nominations or acceptance of nominations shall be in writing and under oath, and filed with the Law Department of the Commission in Manila before the close of polls.

A nominee who withdraws his acceptance to the nomination shall not be eligible for nomination by other parties.

Sec. 18. Substitution of nominees. - A party-list nominee may be substituted only when he dies, or his nomination is withdrawn by the party, or he becomes incapacitated continue as such, or he withdraws his acceptance to the nomination. In any of these cases, the name of the substitute nominee shall be placed last in the list of nominees.

No substitution shall be allowed by reason of withdrawal after the close of polls.

Sec. 19. Nuisance party organization or coalition. - The Commission may, motu proprio, or upon verified petition of an interested party, refuse to give due course to a petition for registration, if it is shown that said petition has been filed to put the election process in mockery or disrepute, or to cause confusion among the voters by the similarity of the names of registered parties, or by other circumstances or acts which clearly demonstrate that the petitioner has no bona fide intention to represent the sector for which the petition has been filed and thus prevent a faithful determination of the true will of the electorate.

A verified petition to declare a duly registered party as a nuisance party shall be filed directly with the Clerk of the Commission, Commission on Elections in Manila, by any registered party within five (5) days from the last day for the filing of petitions for registration.

Sec. 20. Petition to deny due course to a petition for registration or to cancel a registration. - A verified petition seeking to deny due course to a petition for registration may be filed with the Clerk of the Commission, Commission on Elections in Manila, by any interested party within (5) days from the last day of filing of petitions for registration or manifestation to participate, in case of parties already registered, on any of the grounds mentioned Section 11 hereof.

Sec. 21. Delegation of reception of evidence. - In petitions to declare a party, organization or coalition as a nuisance, or to deny due course to a petition for registration, or to cancel a registration, the Commission may delegate the hearing and reception of evidence to any ranking lawyer of the Commission, who shall submit a report to the Commission through the Clerk of the Commission within three (3) days from the completion of such submission of evidence, which shall in no case be later than January 19, 2001.

Sec. 22. Disqualification after filing of petition for registration or manifestation to participate. - Any party, which in a petition for disqualification is found by the Commission of having committed any act declared by law to be a ground for disqualification, shall be disqualified from running under the party-list system, or from being proclaimed. Its nominees shall likewise be disqualified from holding office.

Sec. 23. Effect of disqualification. - Any party, which has been declared by final judgment to be disqualified, shall not be voted for and the votes cast for it shall not be counted. If, before the election a party is not, for any reason, declared by final judgment to be qualified and it is voted for and received the required number of votes in such election, the court or the Commission shall continue with the trial and hearing of the action, and upon motion of the complainant or intervenor, may during the pendency thereof, order the suspension of the proclamation of such party whenever the evidence of guilt is strong.

Sec. 24. Effectivity. - This resolution shall take effect on the seventh day following its publication in two (2) daily newspapers of general circulation.

Sec. 25. Dissemination. - The Education and Information Department shall cause the publication of this resolution, and furnish copies hereof to all field offices of the Commission as well as to the President or Secretary-General of all parties, organizations or coalitions registered under the party-list system.

(Sgd.) HARRIET O. DEMETRIOU, Chairman
(Sgd.) JULIO F. DESAMITO, Commissioner
(Sgd.) TERESITA DY-LIACCO FLORES, Commissioner
(Sgd.) LUZVIMINDA G. TANCANGCO, Commissioner
(Sgd.) RALPH C. LANTION, Commissioner
(Sgd.) RUFINO S.B. JAVIER, Commissioner
(Sgd.) MEHOL K. SADAIN, Commissioner

Promulgated: 07 November 2000.

2009-07-29T02:10:00.000-07:00

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