Supreme Court Petition Challenges Comelec Party-List Resolution
The Supreme Court has been petitioned to nullify the May 18, 2025 resolution by the Commission on Elections (Comelec), acting as the National Board of Canvassers (NBOC). This resolution allocated only 63 congressional seats for party-list representatives instead of the 64 slots that should have been filled in the May 12 mid-term elections. The exact four word keyphrase “Comelec party-list resolution” appears prominently in this discussion.
One Filipinos Worldwide (OFW), a party-list group representing overseas Filipino workers, filed the petition on May 26. They also questioned the ongoing participation of non-marginalized groups in the party-list system, arguing that this practice undermines the Constitution and tarnishes the integrity of the electoral process. According to sources familiar with the matter, OFW emphasized that the party-list system was intended to give voice to marginalized and underrepresented sectors, as required under Section 5 (2) of Article VI of the 1987 Constitution and Republic Act No. 7941.
Concerns Over Representation in Party-List System
OFW pointed out that many party-list groups nominated and proclaimed as winners in previous elections did not truly represent marginalized sectors. Instead, these groups often came from political dynasties, well-represented provinces, large business interests, or religious organizations disguised under party-list banners. This, the petition argues, excludes genuine marginalized sectors, including OFWs, from having a real voice in Congress.
“The Party-List system is a social justice designed not only to give more in law to the great masses of our people who have less in life, but also enable them to become veritable law makers themselves, empowered to participate directly in the enactment of laws designed to benefit them,” the petition stated. It further warned that allowing all groups, including those dominant in district elections, to participate in party-list elections undermines this social justice goal and reduces the system to a facade for traditional politics.
Legal Basis for Challenging the Comelec Party-List Resolution
The OFW petition urged the Supreme Court to issue a temporary restraining order (TRO) against the contested resolution. They claimed the Comelec gravely abused its discretion, exceeding its jurisdiction and violating the equal protection clause of the Constitution. They also asked the Court to reconsider or abandon the seat allocation formula established by the 2009 BANAT vs. Comelec Supreme Court decision.
This formula ranks parties based on votes received, guaranteeing one seat to those with at least two percent of total votes. Additional seats are distributed proportionally but capped at three seats per party. However, the OFW group argued that this method leads to double counting votes for parties that cross the two percent threshold, a practice not supported by the Party-List System Law (RA 7941).
Specifically, they stated: “The votes already used to allocate a seat through the guaranteed seat, were unreasonably used to allocate for the additional seat. This is a clear instance of double counting of votes and this is also a violation not only of the equal protection clause, but also the principle of ‘one person, one vote’ which is a bedrock of the republican and democratic nature of the Philippine State.”
Implications and Request for Seat Allocation
The petition claims that the NBOC Resolution 14-25 favors party-list organizations that received two percent or more of the votes by crediting them twice during seat allocation. This, they argue, violates equal protection and distorts the party-list system’s intent. If the Supreme Court agrees to scrap the BANAT formula, OFW’s rank would move to 59, entitling them to a seat in the House of Representatives.
Finally, OFW requested the Court to proclaim them as one of the winning party-list candidates in the May 12 elections, thus ensuring their representation in Congress.
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