Mistaken Identity: A Critical Analysis on the Party List Act of the

Philippines
This study aims to critically analyse the Party List Act or Republic Act
7941. Upon the institution of the 1987 Constitution after the downfall of the
Marcos Regime, election through popularity voting was re-instituted. The
election of the representatives of the house was reinstated, consequently,
the so-called marginalized were given voice in the congress. The party-list
system was introduced to the Philippine Republic, together with it, they were
given their representative that will be their voice in the lower house.
The party list system was said to be the representative of the
marginalized sectors of our society, but during the course of time and
several

elections,

there

are

some

so-called

party

list

with

vague

representations. Aside from the dubious party list that had become a part of
the congress, there are representatives who were not part of the sector that
they are representing.

Background of the Study

The House of Representatives had been known as the representatives
of the people, or in simpler terms their constituents. The house is composed
of traditional congressmen who were voted by the constituents of the district

they are representing, and the party list congressmen who were nominated
by their parties.
The party list system was instituted through the 1987 constitution. It
was instituted in order that the marginalized will have representative who
will be their voice to air their grievances and desires for their sector. During
the course of time, the party list slowly gained popularity. From a small
number of party lists participating during the 1998 elections, it now grew to
about 200 party lists in 2010. The party list participating came from various
sectors, which includes the youth sector, the labour sector, women sector,
and even the LGBT community. Aside from the growing number of party list,
a growing number of politicians decided to take part in a party list.
Speculations were raised upon their entry into a system which should serve
for the marginalized sector not for those who are well-off in life.

Statement of the Problem

This study aims to critically analyse the Party List System Act of the
Philippines instituted by the congress as Republic Act 7941.

Do the representatives of the Marginalized Party represent the

marginalized and the underrepresented?
o What are marginalized sectors and who should represent them?
o Do members of Political clans should be allowed to run under the

party list system of the Philippines?

Is there a need for an amendment of Republic Act 7941?

Is there a need for the Anti-Dynasty Bill to be enacted?

Significance of the Study

This study aims to critically analyse Republic Act 7941 or the Partly List
System Act of the Philippines. It aims to explore the provisions and
limitations of the law enacted by the congress. Furthermore, the study aims
to identify the law as to it is beneficial to the Philippine Nation.
For the authority regulating the election in the Philippines, they can
formulate new guidelines to implement as to which party list and nominee to
accredit.
For the voters, that the voters can be help in choosing the rightful
party-candidate and the nominee that truly represent their sectors.

Scope and Limitations

The research is limited on the following:

Research

jurisprudence from the Supreme Court, reference books.

Materials from the internet which includes resolutions

materials

from

the

library

which

includes

textbooks,
of

the

Commission on Elections, articles from different newspapers, as well as

decisions of the Supreme Courts.

The researcher deviates from quantitative analysis through surveys as

it would be tedious and time consuming, given that there is a limited
given time.

II. Review of Related Literature

A. Review of Related Literature
Marginalized Sector
The marginalized is a word of great controversy when it comes to the
party list system. It is claimed by many that a person to be considered to be
a nominee of a party list, he must first be a member or at least shared the
same experience as the members of the same party he is representing, but
the COMELEC viewed this otherwise, in the disqualification case against Juan
Miguel Arroyo, the commission held that among others, that a Filipino citizen, in

order to qualify as a party-list nominee, only needs to be a 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 must likewise be at least twenty-five (25)
years of age on the day of the election. The COMELEC en banc also held that
Section 6 of Resolution No. 8807 is ultra vires, since the requirement that a
nominee belong to the marginalized and underrepresented sector he seeks to

represent is not found in RA 7941. Thus, it concluded that Arroyo possessed all the
requirements mandated by Section 9 of RA 7941.
The COMELEC do not see that there is a need for them to disqualify any
person who does not belong to the marginalized sector which his party wishes to
represents. Our law only states that a person must be a member of the party 90
days immediately prior election otherwise he is barred from entering the election.
In the case against Jovito Palparan, the court also ruled that the nominee of
the a certain party list need not to be a part of the marginalized and the
underrepresented but they should only be a member of the party they wish to
represent, this is the criterion set by the Party List System and nothing more.

Political Dynasty
Members of well-known political families have entered the party list system
in their effort to extend influence and power.
Political dynasty as described by Casino, through HB 3413,

the

concentration, consolidation or perpetuation of public office and political

power by persons related to one another and a Political Dynasty
Relationship as a) when a person who is the spouse of an incumbent
elective official or a relative within the second civil degree of consanguinity
or affinity of an incumbent elective official holds or runs for an elective office
simultaneously with the incumbent elective official; and b) when two (2) or

more persons who are spouses or are related within the second civil of
consanguinity or affinity run simultaneously for elective public office, even if
neither is so related to an incumbent elective official.
It can be compared with pre-medieval times, wherein a monarch rules
a country or a kingdom, and his kin would succeed him, whether it is his
son or his brother. The Political Dynasty as described Merriam-Webster
Dictionary as rule by one family.

B. Theoretical Framework
In order to formulate better recommendation and solution to the
problem presented by the topic, the researchers study was based on the
laws which is in great relevance to the topic presented, which are; The Party
List System of the Philippines, The 1987 Constitution, and the Omnibus
Election Code.
The Party List System of the Philippines was enacted in 1995 in order
to lay down guidelines for the new system then to be adopted. The Party List
system basically stated the Rules and regulations that the COMELEC should
implement. The law specifically clarifies all the scopes that Omnibus Election
Code and he Constitution failed to mention. Further, the law, somewhat
amended the provisions provided for the sectors that can run under the
constitution and the Election Code.

The 1987 Constitution and the Omnibus Election Code both provide us
that there is an allotted seat for the Party List Representatives which could
not be rescind. Both have given the qualifications and what are the sectors
that can run under the said new system.

C. Conceptual Framework
Party List System of the
Philippines

Party List
Groups

Party List
Nominees

Political
Dynasty

Marginalized

D. Hypotheses

Party List
Qualifications

Ability to
Legislate

A Representative of the
Marginalized Group

The following are the Hypotheses of the researcher

The party list representative and the party list itself should be the
representative of the underrepresented and the powerless and should

carry on the interest of the group that they are representing

There is no need to amend the law on party list system, but there is a
need to strictly implement laws that are in relation with the election

code as well as the Party List System Act of the Philippines

The Anti-Dynasty Bill should be enacted as it would lessen the
suspicion that such families are abusing the lenient law of the Republic
Act 7941, otherwise known as the Party List System Act of the
Philippines.

E. Operational Definitions of Terms

Political Party
- an organized group of qualified voters pursuing the same
ideology, political ideas and principles for the general conduct

of the government.
Marginalized sectors
- Organized group of citizens whose principal advocacy pertains
to the special interest and concerns of the following sectors;
labor, peasant, urban poor, indigenous cultural communities,
elderly,

handicapped,

woman,

youth,

fisherfolk, veterans, and professionals.

Nominees

overseas

worker,

Persons chosen by a party to represent them in the House of

Representatives.

III. Methodology
The study utilized a descriptive-exploratory method design to further
explain, and expound on the terms and the methods on how the law Party
List should be implemented. It further analysed critically the subject
matter and find its flaws and shortcomings. Moreover, through the
method used the researcher can identify the shortcomings and formulate
ways on how to fix the flaws and avoid committing the same for new laws.
The data were gathered from the libraries wherein, the researcher can
find materials pertinent o the subject presented by the researcher.
Further, the researcher utilized the World Wide Web to gather data that
will help in proving claims with respect to the given subject of the
researcher. The materials came from the laws passed by the congress and
the constitution of the Philippines, the jurisprudence promulgated by the
Supreme

Court,

articles

from

newspaper

of

general

circulation,

commentaries from sources of great authorities, and textbooks

V. Discussion
The Philippine Congress is made up of 2 chambers, the Senate and the
House of Representative, both of which would be elected by a popular

election wherein the winners would be the representative of the country

for the Senate, and the district and party list representative for the
congress.
The congress is made up of about 254 representatives wherein they
represent either their constituents or the marginalized sector they are
representing. Of the 254 representatives, 56 of which are party list
representative. The Party List System was introduced by the 1987
Constitution which was ratified in the same year, and was later turned
into law through Republic Act 7941, otherwise known as the Party List
System Act of the Philippines in 1995. The Party List was institutionalized
for the reason that the underrepresented marginalized sector can have
their representative within the house and through them they can air their
grievances.
Sec. 26. Sectoral representatives. - There shall be three sectors to be
represented in the Batasang Pambansa, namely: (1) youth; (2)
agricultural labor; (3) industrial labor whose representatives shall be
elected in the manner herein provided. Each sector shall be entitled to
four representatives, two of whom shall come from Luzon, one from
Visayas, and one from Mindanao: Provided, That the youth sector shall
be entitled to two additional sectoral representatives who shall be
elected from any part of the country.

The sectors were mentioned in the Omnibus Election code of the

country but were later amended by the Party List System Act of 1995
wherein it includes various sectors including but not limited to the following,
women sector, labor sector, youth sector, and even transport sector. The
problem arises when the party list, itself, disguise as a sector which it do not
really represent. There are some cases wherein through the ambition of the
member of a certain, they cloak their selves as member of marginalized
sector whereas, they are not really part of.

The Marginalized
The foremost spirit of the institution of a party list system is to
represent the underrepresented sector and the marginalized sector in the
house of representative, wherein they author bills which can help the
development or welfare of the group that they are representing. The
marginalized sector as defined by Meriam-Webster dictionary is a group of
people which are powerless and seems unimportant within the society.
At present time, it seems that there are personas within the house,
who are party list representatives, which are part of the elite class and the
powerful sector of our society but still representing the underrepresented
sector. The constitution seems lenient in allowing the so-called party list
representative to represent a sector which they do not truly represent.

Through the Statement of Assets, Liabilities and Net worth retrieve by

the researcher, it can be noted that there are 51 of 56 representatives of the
43 party lists are millionaires. Apart from this, it can be noted that members
of well-known political families run for congress through the party list
system.

Name

Party List
Association

of

Laborers

SALN
and 133,938,00

Catalina Bagasina

Employment

0.00
99,954,309.

Juan Miguel Arroyo

Ang Galing Pinoy

00
92,814,808.

Teodorico Haresco Jr

Ang Kasangga sa Kaunlaran

00
91,063,195.

Christopher Co

Ako Bicol

00
65,014,804.

Homer Mercado

1-United Transport Koalisyon

00
59,521,695.

David Kho

Coalition of Senior Citizens

00
55,641,886.

Patricio Antonio

Agbiag Timpuyog Ilocano

00

Mariano

Michael

53,326,935.

Velarde Jr

Buhay Hayaan Yumabong

00
48,530,000.

Acmad Tomawis

Ang Laban ng Indigong Filipino

Agricultural Sectoral Alliance of the

00
46,618,319.

10

Nicanor Briones

Philippines

00

Table 1. Richest Party List Representative base on their Statement of Assets, Liabilities and Net worth (SALN).

Political Dynasty
Article II Section 26 explicitly states that The State shall guarantee
equal access to public service and prohibit political dynasty as may be
defined by law.

There should be an equal opportunity for all whether rich

or poor, influential or not. The idea of this provision is that there should no
single family that would run the government. Apparently, the Philippine
government has been infected and the Party List System was not spared.
During the early implementation of the Party List System, there had been no
known family to engage in the said system, but after some time, evidently,
known members of political clans started to engage the said system.
Upon the engagement of known members of political clans entering
within the ranks of the party list system, the Commission of Elections
(COMELEC) should strictly implement Article II Section 26 of the Constitution.
The inclusion of known members of political clans in the party list system
seems to be an insult to the commission, as members of a part list ranges to
thousands but are contented with having a nominee from a single family.
(The Philippine Star, 2012)
Consequently, the COMELEC has issued some guidelines when it
comes to the party list system of the Philippines, through the COMELEC
Resolution 9366 issued by the commission for the 2013 elections. The
guidelines seem to be a deterrent for the dubious persons who seek to be

nominees of the marginalized sector. The law allows a person to be a

nominee of a sectoral party as long as he is a) Natural Born Citizen; b)
Registered Voter; c) a Resident of the country for at least a year immediately
prior the elections; d) a member of the party which he seeks to represents
for at least 90 days preceeding elections; e) 25 years of age; f) A Filipino
person who is a member of the underrepresented and marginalized sector
which his sectoral party seeks to represent; and g) Able to contribute to the
formulation and enactment of appropriation of legislation that will benefit the
nation as a whole.

Legislation
The main function of the house of representative is to enact laws or
legislations for the benefit of the whole nation. Representatives, whether
districts or party list, are expected to author or co-author legislations that
would help not only the sector they are representing but as well every citizen
of the country.
AUTHORED
MEMBER NAME

National

CO-AUTHORED
Local

Total

National

Local

Total

Grand
Total

BAGASINA, CATALINA C.

MACAPAGAL-ARROYO,

JUAN

14

18

75

84

102

82

16

98

99

13

18

38

40

58

34

35

187

18

205

240

MIGUEL "MIKEY"

HARESCO, TEODORICO JR. T.

CO, CHRISTOPHER S.
2

21

24

26

66

67

69

28

30

30

31

31

53

55

86

27

27

32

5
2
7
21
BRIONES, NICANOR M.
Table 2. Number of laws passed by the ten richest party list congressmen

22

29

MERCADO, HOMER A.

KHO, DAVID L.

ANTONIO, PATRICIO T.

VELARDE, MARIANO MICHAEL

TOMAWIS, ACMAD

Evidently, the party list had help the country by legislating laws, but
the number of laws they personally legislate seems to be diminutive in
number. Further there are some party list representatives that have authored
less than 10 or none at all. According to the resolution issued by the
COMELEC, a party list representative must know how to legislate bills which
is of national importance. This criterion is not confined to the party list
representative but also to the district representatives and the senators as
well.

VI. Conclusion
The Party List System is an initiative of the government so that people
who are deemed to be powerless and underrepresented shall have their
representative to the congress, thus, they may have voices that would
essentially air their grievance and help in the formulation of laws. The act

was done with a clear intent to help the powerless, however, evidently, as
time passes, the system has been corrupted by the tradition of politics.
The party list system grows from the simple system that aims to help
the marginalized society into a system which is traditional. Some of the
present party list nowadays are not part of the marginalized but rather came
from families or clans of great influence. They infiltrated an innocent system
to lengthen their time of stay as elected officials of the land. They have
cloaked their selves as security guards, tricycle drivers, and even farmers to
ensure that they would stay in the house. Clearly, today, some of our Party
List Representatives are not part of the so-called marginalized groups which
they aim to represent.
The Party List System Act, though may have flaws in it, should not be
amended. What we need is the strict implementation of laws which are
closely related to the Party List System Act, and even the Election Code itself.
Further, the Commission of Election should be strict in assessing the
nominees each party list nominates, and to lay down guidelines that would
serve as the rules and regulations during elections
An Anti-Dynasty Bill will be a great help for the country and the
election process itself. It would limit down the possible control for a number
of families. Further, through the Bill it would serve as a deterrent for the
traditional politicians of political clans to misrepresent a marginalized sector.

VII. Recommendation

The researcher recommends

that the COMELEC should strictly

implement the existing laws which include the constitution that grants equal
rights for everyone to run in an election. Further, the COMELEC must write
guidelines that shall govern the elections through their resolutions, and be
sure that it would be followed. Moreover, the commission must implement
the imposable penalty to those who violated the laws.
The congress should also enact the Anti-Dynasty Bill to ensure that
there will be no one from those traditional political clans will again
misrepresent the underrepresented and the powerless.

Appendix A