(10 POINTS)
The Supreme Court has provided a formula for allocating seats for party-list representatives.
(a) 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;
(b) The two percent threshold – only those parties garnering a minimum of two percent of the total valid votes cast for the party-list system are "qualified" to have a seat in the House of Representatives;
(c) 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; and
(d) The first-party rule – additional seats which a qualified party is entitled to shall be determined in relation to the total number of votes garnered by the party with the highest number of votes.
For each of these rules, state the constitutional or legal basis, if any, and the purpose.
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1 comment:
X.
a.
Under the Constitution, the party-list representatives shall constitute twenty percent of the total number of representatives including those under the party-list. The Supreme Court ruled that the twenty percent allocation for party-list representatives mentioned in Sec 5(2) is not mandatory. It merely provides a ceiling for party-list seats in Congress.
The purpose of the party-list system is to democratize political power by encouraging the growth of a multi-party system.
b.
Congress is vested, under the Constitution, with the broad power to define and prescribe mechanics of the party-list system of representation. The two-percent threshold is provided under Republic Act 7941.
The purpose is to ensure that only those parties, organizations and coalitions having a sufficient number of constituents deserving of representation are actually represented in Congress.
c.
The three-seat limit is provided under Republic Act 7941. The purpose is to attain the broadest possible representation of party, sectoral or group interests in the House of Representatives. The three-seat limit also ensures that the twenty percent allocation for the party-list representatives will not be exceeded.
d.
The first-party rule is based on a decision of the Supreme Court. The purpose is to ensure proportional representation.
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