BANAT v. COMELEC - For Petitioner Recit
BANAT v. COMELEC - For Petitioner Recit
BANAT v. COMELEC - For Petitioner Recit
COMELEC_Celebrado
PETITIONER BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND
TRANSPARENCY (BANAT)
Bayan Muna, Abono, and Advocacy for Teacher Empowerment Through Action,
Cooperation and Harmony Towards Educational Reforms (A Teacher) asked the
COMELEC, acting as NBC, to reconsider its decision to use the Veterans formula.
COMELEC denied the consideration.
Bayan Muna, Abono, and A Teacher filed for certiorari with mandamus and
prohibition assailing the resolution of the COMELEC in its decision to use the
Veterans formula.
In proclaiming the winners and apportioning their seats, the COMELEC considered
the following rules:
Equal to or greater than 4% but less than 6% One (1) additional seat
No. of votes of
first party
BANAT COMPUTATION
following Section 12 of R.A. No. 7941. BANAT states that the COMELEC:
(a) shall tally all the votes for the parties, organizations, or
coalitions on a nationwide basis;
(b) rank them according to the number of votes received; and,
(c) 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.
BANAT used two formulas to obtain the same results: one is based on the
proportional percentage of the votes received by each party as against
the total nationwide party-list votes, and the other is by making the votes
of a party-list with a median percentage of votes as the divisor in
computing the allocation of seats. Thirty-four (34) party-list seats will be
awarded under BANATs second interpretation.
On the other hand, BAYAN MUNA questions: