Manila: The Commission on Elections (Comelec) on Monday defended the process it used in determining the seat allocation for the winning party-list groups in the May 12 elections. In a brief statement, Comelec spokesperson John Rex Laudiangco emphasized that the formula and computation used by the National Board of Canvassers (NBOC) were grounded in the 2009 Supreme Court (SC) decision on the BANAT (Barangay Association for National Advancement and Transparency) vs. Comelec case.
According to Philippines News Agency, the 2009 SC decision laid out a three-stage formula for distributing seats to the party-list winners, overturning the previous requirement of a minimum two percent party-list votes to fill up all the 20 percent of party-list representatives. Laudiangco's statement followed a petition by the One Filipinos Worldwide (OFW) party-list, which asked the High Court to issue a temporary restraining order (TRO) against the declaration of party-list winners in the May 12 elections.
The petition claims that current implementation practices have led to an uneven playing field, allegedly benefiting politically entrenched entities at the cost of genuine sectoral representation. The petitioner argues that the BANAT vs. Comelec formula is inconsistent with the spirit and intent of the party-list system.
Laudiangco noted that Comelec welcomes the petition, as it could lead to amendments to the existing party-list law. "The Comelec welcomes any development on enriching jurisprudence on the party-list system of representation in the absence of any amendments to Republic Act 7941 on these issues as of date," he stated. Comelec Chair George Garcia has previously mentioned the necessity to overhaul Republic Act No. 7941 or the Party-List System Act of 1995.
The party-list system was designed to ensure that historically marginalized sectors have a voice in Congress. The Comelec, acting as the NBOC, proclaimed 52 organizations and their 59 nominees in the party-list race last week. Two other winners, Duterte Youth and Bagong Henerasyon, have pending disqualification cases and were not yet proclaimed.
Meanwhile, the winning candidate for vice mayor of Reina Mercedes, Isabela, has filed a petition before the SC, contesting the Comelec's decision to disqualify him from elective office. Lawyer Jeryll Harold Paz Respicio has requested the tribunal to issue a restraining order against Comelec, which initiated a case against him for allegedly disseminating false information regarding the credibility of the poll body's automated election system.
