Comelec Urges Reforms to Party-List Law for Clearer Seat Allocation Guidelines - People's Press PH

By Sherman Calotes | Philippine People's Press 

The Commission on Elections (Comelec) is calling for amendments to Republic Act No. 7941, or the “Party-List System Act,” to establish clearer and more consistent guidelines for allocating seats to party-list groups in Congress.

Comelec spokesperson Rex Laudiangco emphasized the need to enshrine a fixed formula in the law itself, rather than relying on judicial interpretation. “We hope to reach a point where the Party-List System Act is amended to directly define the seat allocation process, removing the need for the Supreme Court to constantly step in and interpret it,” Laudiangco said.

This renewed call for legislative reform comes after the Comelec was set to proclaim 54 party-list groups but was forced to suspend the proclamation of two Duterte Youth and Bagong Henerasyon due to issues related to the computation of seat allocations.

According to the 1987 Constitution and the Party-List System Act, 20 percent of the total seats in the House of Representatives must be reserved for party-list representatives. For the current composition of Congress, that translates to 63 seats.

Under existing rules, party-list groups that garner at least 2 percent of the total votes automatically secure one seat. Additional seats may be distributed depending on the number of votes received, but no group may hold more than three seats. When not all 63 seats are filled through this threshold, the remaining seats are distributed to the next highest-ranking groups those closest to the 2 percent mark until all seats are filled.

Laudiangco explained that Comelec initially used the “Carpio formula,” a seat allocation method based on total party-list votes and the number of unoccupied seats. When this still left some seats unfilled, the poll body turned to the Supreme Court’s ruling in the landmark BANAT vs. Comelec case, which led to a third round of distribution.

“These shifts in methodology show how crucial it is to institutionalize a clear, legally mandated formula,” Laudiangco noted. “Relying on different interpretations and court rulings only creates uncertainty and delays.”

The Comelec hopes that amending RA 7941 will ensure a fairer, more transparent, and less contentious system moving forward, ultimately strengthening the voice of marginalized sectors in the legislative process.

Sources: Commission on Elections (Comelec) official statement via spokesperson Rex Laudiangco, Republic Act No. 7941, The Party-List System Act, Article VI, Section 5 of the 1987 Philippine Constitution, Supreme Court ruling on BANAT vs. Comelec (G.R. No. 179271, April 21, 2009)