BANAT v. COMELEC (GR No. 177508, Apr.

21, 2009)

FACTS:

 In 14 May 2007, the COMELEC counted 15,950,900 votes cast for 93 parties under the Party-
List System.
 On 27 June 2007, BANAT filed a Petition to Proclaim the Full Number of Party-List
Representatives Provided by the Constitution, docketed as NBC No. 07-041 before the NBC.
 On 9 July 2007, the COMELEC, sitting as the NBC, promulgated NBC Resolution No. 07-60.
NBC Resolution No. 07-60 proclaimed thirteen (13) parties as winners in the party-list
elections, namely: Buhay Hayaan Yumabong (BUHAY), Bayan Muna, Citizens’ Battle Against
Corruption (CIBAC), Gabriela’s Women Party (Gabriela), Association of Philippine Electric
Cooperatives (APEC), A Teacher, Akbayan! Citizen’s Action Party (AKBAYAN), Alagad, Luzon
Farmers Party (BUTIL), Cooperative-Natco Network Party (COOP-NATCCO), Anak Pawis,
Alliance of Rural Concerns (ARC), and Abono
 Decision of the COMELEC / Official canvass:

o WHEREAS, Section 11 of Republic Act No. 7941 (Party-List System Act) provides in
part:
o 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.
o WHEREAS, for the 2007 Elections, based on the above projected total of party-list
votes, the presumptive two percent (2%) threshold can be pegged at three
hundred thirty four thousand four hundred sixty-two (334,462) votes;
o WHEREAS, the Supreme Court, in Citizen’s Battle Against Corruption (CIBAC) versus
COMELEC, reiterated its ruling in Veterans Federation Party versus
COMELEC  adopting a formula for the additional seats of each party, organization or
coalition receiving more than the required two percent (2%) votes, stating that the
same shall be determined only after all party-list ballots have been completely
canvassed;
o WHEREAS, the parties, organizations, and coalitions that have thus far garnered at
least three hundred thirty four thousand four hundred sixty-two
(334,462) votes

 PARTIALLY proclaimed the aforementioned party lists under the party-list system and given
them at least one seat for the meantime.
 The total number of seats of each winning party, organization or coalition shall be
determined pursuant to Veterans Federation Party v. COMELEC  formula upon completion of
the canvass of the party-list results.
 COMELEC promulgated NBC Resolution No. 07-72, which declared the additional seats
allocated to the appropriate parties.


PETITIONERS:

 BANAT filed its petition because "[t]he Chairman and the Members of the [COMELEC] have
recently been quoted in the national papers that the [COMELEC] is duty bound to and shall
implement the Veterans ruling, that is, would apply the Panganiban formula in allocating
party-list seats."
  Petitioner Barangay Association for National Advancement and Transparency (BANAT), in
its Petition to Proclaim the Full Number of Party-List Representatives Provided by the
Constitution prayed for the following reliefs, to wit:
o 1. That the full number -- twenty percent (20%) -- of Party-List representatives as
mandated by Section 5, Article VI of the Constitution shall be proclaimed.
o 2. Paragraph (b), Section 11 of RA 7941 which prescribes the 2% threshold votes,
should be harmonized with Section 5, Article VI of the Constitution and with Section
12 of the same RA 7941 in that it should be applicable only to the first party-list
representative seats to be allotted on the basis of their initial/first ranking.
o 3. The 3-seat limit prescribed by RA 7941 shall be applied; and
o 4. Initially, all party-list groups shall be given the number of seats corresponding to
every 2% of the votes they received and the additional seats shall be allocated in
accordance with Section 12 of RA 7941, that is, in proportion to the percentage of
votes obtained by each party-list group in relation to the total nationwide votes cast
in the party-list election, after deducting the corresponding votes of those which
were allotted seats under the 2% threshold rule. In fine, the formula/procedure
prescribed in the "ALLOCATION OF PARTY-LIST SEATS, ANNEX "A" of COMELEC
RESOLUTION 2847 dated 25 June 1996, shall be used for [the] purpose of
determining how many seats shall be proclaimed, which party-list groups are
entitled to representative seats and how many of their nominees shall seat [sic].
o 5. In the alternative, to declare as unconstitutional Section 11 of Republic Act No.
7941 and that the procedure in allocating seats for party-list representative
prescribed by Section 12 of RA 7941 shall be followed.
 BANAT filed a petition for certiorari and mandamus assailing the ruling in NBC Resolution
No. 07-88.
 On 9 July 2007, Bayan Muna, Abono, and A Teacher asked the COMELEC, acting as NBC, to
reconsider its decision to use the Veterans formula as stated in its NBC Resolution No. 07-60
because the Veterans  formula is violative of the Constitution and of Republic Act No. 7941
(R.A. No. 7941).


RESPONDENTS:

 Acting on BANAT’s petition, the NBC promulgated NBC Resolution No. 07-88 on 3 August
2007, which reads as follows:
o This pertains to the Petition to Proclaim the Full Number of Party-List
Representatives Provided by the Constitution filed by the Barangay Association for
National Advancement and Transparency (BANAT).
o The petition of BANAT is now moot and academic.
o The Commission En Banc in NBC Resolution No. 07-60 promulgated July 9, 2007 re "In
the Matter of the Canvass of Votes and Partial Proclamation of the Parties,
Organizations and Coalitions Participating Under the Party-List System During the
May 14, 2007 National and Local Elections" resolved among others that the total
number of seats of each winning party, organization or coalition shall be determined
pursuant to the  Veterans Federation Party versus COMELEC formula upon
completion of the canvass of the party-list results."
 On the same day (July 9, 2007), the COMELEC denied reconsideration during the
proceedings of the NBC
 Aside from the thirteen party-list organizations proclaimed on 9 July 2007, the COMELEC
proclaimed three other party-list organizations as qualified parties entitled to one
guaranteed seat under the Party-List System: Agricultural Sector Alliance of the Philippines,
Inc. (AGAP), Anak Mindanao (AMIN), and An Waray.

ISSUES:
  1. Is the twenty percent allocation for party-list representatives in Section 5(2), Article VI of
the Constitution mandatory or merely a ceiling?

 2. Is the three-seat limit in Section 11(b) of RA 7941 constitutional?

 3. Is the two percent threshold prescribed in Section 11(b) of RA 7941 to qualify for one seat
constitutional?

 4. How shall the party-list representative seats be allocated?

 5. Does the Constitution prohibit the major political parties from participating in the party-
list elections? If not, can the major political parties be barred from participating in the party-
list elections?

HELD:

 The petitions have partial merit. We maintain that a Philippine-style party-list election has at
least four inviolable parameters as clearly stated in Veterans. For easy reference, these are:
o 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;

o Second, the two percent threshold — only those parties garnering a minimum of

o 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;

o Fourth, proportional representation— the additional seats which a qualified party is

o However, because the formula in Veterans has flaws in its mathematical