Veterans Federation Party v. COMELEC G.R. No. 136781. October 6, 2000

Veterans Federation Party v.
COMELEC
G.R. No. 136781. October 6, 2000
Facts:
COMELEC proclaimed 14 partylist representatives from 13 parties which obtained at least 2%
of the total number of votes cast for the partylist system as members of the House of
Representatives. Upon petition for respondents, who were partylist organizations, it proclaimed
38 additional partylist representatives although they obtained less than 2% of the total number
of votes cast for the partylist system on the ground that under the Constitution, it is mandatory
that at least 20% of the members of the House of Representatives come from the partylist
representatives.
Issue:
1. Whether or not the twenty percent allocation for partylist representatives mentioned in
Section 5 (2), Article VI of the Constitution, mandatory or is it merely a ceiling? In other words,
should the twenty percent allocation for partylist solons be filled up completely and all the time?
2. Whether or not the two percent threshold requirement and the threeseat limit provided in
Section 11 (b) of RA 7941 constitutional?
3. How should the additional seats of a qualified party be determined?
Ruling:
1. It is not mandatory. It merely provides a ceiling for the partylist seats in the House of
Representatives. The Constitution vested Congress with the broad power to define and
prescribe the mechanics of the partylist system of representatives. In the exercise of its
constitutional prerogative, Congress deemed it necessary to require parties participating in the
system to obtain at least 2% of the total votes cast for the party list system to be entitled to a
partylist seat. Congress wanted to ensure that only those parties having a sufficient number of
constituents deserving of representation are actually represented in Congress.
FORMULA FOR
determination of total number of partylist representatives = #district representatives/.80 x .20
additional representatives of first party = # of votes of first party/ # of votes of party list
system
additional seats for concerned party = # of votes of concerned party/ # votes of first party x
additional seats for concerned party
2. Yes. In imposing a two percent threshold, Congress wanted to ensure that only those parties,
organizations and coalitions having a sufficient number of constituents deserving of
representation are actually represented in Congress. This intent can be gleaned from the
deliberations on the proposed bill. The two percent threshold is consistent not only with the
intent of the framers of the Constitution and the law, but with the very essence of
"representation." Under a republican or representative state, all government authority emanates
from the people, but is exercised by representatives chosen by them. But to have meaningful
representation, the elected persons must have the mandate of a sufficient number of people.
Otherwise, in a legislature that features the partylist system, the result might be the proliferation
of small groups which are incapable of contributing significant legislation, and which might even
pose a threat to the stability of Congress. Thus, even legislative districts are apportioned
according to "the number of their respective inhabitants, and on the basis of a uniform and
progressive ratio" to ensure meaningful local representation.
3. Step One. There is no dispute among the petitioners, the public and the private respondents,
as well as the members of this Court that the initial step is to rank all the participating parties,
organizations and coalitions from the highest to the lowest based on the number of votes they
each received. Then the ratio for each party is computed by dividing its votes by the total votes
cast for all the parties participating in the system. All parties with at least two percent of the total
votes are guaranteed one seat each. Only these parties shall be considered in the computation
of additional seats. The party receiving the highest number of votes shall thenceforth be referred
to as the “first” party.
Step Two. The next step is to determine the number of seats the first party is entitled to, in order
to be able to compute that for the other parties. Since the distribution is based on proportional
representation, the number of seats to be allotted to the other parties cannot possibly exceed
that to which the first party is entitled by virtue of its obtaining the most number of votes.
Step Three The next step is to solve for the number of additional seats that the other qualified
parties are entitled to, based on proportional representation.

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