Article 58p. 58

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

elderly, handicapped, women, youth, veterans, overseas

workers, and professionals.

The COMELEC shall publish the petition in at least

two (2) national newspapers of general circulation.

The COMELEC shall, after due notice and hearing,

resolve the petition within fifteen (15) days from the date

it was submitted for decision but in no case not later than

sixty (60) days before election.

Section

6.

Refusal

and/or

Cancellation

of

Registration. The COMELEC may, motu propio or upon

verified complaint of any interested party, refuse or

cancel, after due notice and hearing, the registration of

any national, regional or sectoral party, organization or

coalition on any of the following grounds:

(1) It is a religious sect or denomination, organization

or association, organized for religious purposes;

(2) It advocates violence or unlawful means to seek its

goal;

(3) It is a foreign party or organization;

(4)

It

is

receiving

support

from

any

foreign

government,

foreign

political

party,

foundation,

organization, whether directly or through any of its

officers or members or indirectly through third parties for

partisan election purposes;

(5) It violates or fails to comply with laws, rules or

regulations relating to elections;

(6) It declares untruthful statements in its petition;

(7) It has ceased to exist for at least one (1) year; or

(8) It fails to participate in the last two (2) preceding

elections or fails to obtain at least two per centum (2%) of

the votes cast under the party-list system in the two (2)

preceding elections for the constituency in which it has

registered.

Section 7. Certified List of Registered Parties. The

COMELEC shall, not later than sixty (60) days before

election, prepare a certified list of national, regional, or

sectoral parties, organizations or coalitions which have

applied or who have manifested their desire to participate

under the party-list system and distribute copies thereof

to all precincts for posting in the polling places on

election day. The names of the party-list nominees shall

not be shown on the certified list.

Section

8.

Nomination

of

Party-List

Representatives. Each registered party, organization or

coalition shall submit to the COMELEC not later than

forty-five (45) days before the election a list of names, not

less than five (5), from which party-list representatives

shall be chosen in case it obtains the required number of

votes.

A person may be nominated in one (1) list only. Only

persons who have given their consent in writing may be

named in the list. The list shall not include any candidate

for any elective office or a person who has lost his bid for

an elective office in the immediately preceding election.

No

change

of

names

or alteration of the order of

nominees shall be allowed after the same shall have been

submitted to the COMELEC except in cases where the

nominee dies, or withdraws in writing his nomination,

becomes incapacitated in which case the name of the

substitute

nominee

shall

be placed last in the list.

Incumbent

sectoral

representatives

in

the House of

Representatives who are nominated in the party-list

system shall not be considered resigned.

Section 9. Qualifications of Party-List Nominees.

No person shall be nominated as party-list representative

unless he is a natural-born citizen of the Philippines, a

registered voter, a resident of the Philippines for a period

of not less than one (1)year immediately preceding the

day of the election, able to read and write, a bona fide

member of the party or organization which he seeks to

represent for at least ninety (90) days preceding the day

of the election, and is at least twenty-five (25) years of age

on the day of the election.

In case of a nominee of the youth sector, he must at

least be twenty-five (25) but not more than thirty (30)

years of age on the day of the election. Any youth sectoral

representative who attains the age of thirty (30) during

his term shall be allowed to continue in office until the

expiration of his term.

Section 10. Manner of Voting. Every voter shall be

entitled to two (2) votes: the first is a vote for candidate for

member of the House of Representatives in his legislative

district,

and

the

second,

a

vote

for

the

party,

organizations, or coalition he wants represented in the

house of Representatives: Provided, That a vote cast for a

party, sectoral organization, or coalition not entitled to be

voted for shall not be counted: Provided, finally, That the

first election under the party-list system shall be held in

May 1998.

The

COMELEC

shall

undertake

the

necessary

information campaign for purposes of educating the

electorate on the matter of the party-list system.

Section 11. Number of Party-List Representatives .

The party-list representatives shall constitute twenty per

centum (20%) of the total number of the members of the

House of Representatives including those under the

party-list.

For purposes of the May 1998 elections, the first five

(5)

major

political

parties

on

the

basis

of

party

representation in the House of Representatives at the

start of the Tenth Congress of the Philippines shall not be

entitled to participate in the party-list system.

In determining the allocation of seats for the second

vote, the following procedure shall be observed:

(a) The parties, organizations, and coalitions shall be

ranked from the highest to the lowest based on the

number of votes they garnered during the elections.

(b) The parties, organizations, and coalitions receiving

at least two percent (2%) of the total votes cast for the

party-list system shall be entitled to one seat each:

Provided, That those garnering more than two percent

(2%) of the votes shall be entitled to additional seats in

proportion to their total number of votes : Provided,

finally, That each party, organization, or coalition shall be

entitled to not more than three (3) seats.

Section

12.

Procedure

in

Allocating

Seats

for

Party-List Representatives. The COMELEC shall tally all

the votes for the parties, organizations, or coalitions on a

nationwide basis, rank them according to the number of

votes

received

and

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.

Section

13. How Party-List Representatives are

Chosen. Party-list representatives shall be proclaimed by

the COMELEC based on the list of names submitted by

the respective parties, organizations, or coalitions to the

COMELEC according to their ranking in said list.

Section 14. Term of Office. Party-list representatives

shall be elected for a term of three (3) years which shall

begin, unless otherwise provided by law, at noon on the

thirtieth day of June next following their election. No

party-list representatives shall serve for more than three

(3) consecutive terms. Voluntary renunciation of the office

for any length of time shall not be considered as an

interruption in the continuity his service for the full term

for which he was elected.

Section 15. Change of Affiliation; Effect. Any elected

party-list representative who changes his political party or

sectoral affiliation during his term of office shall forfeit his

seat: Provided, That if he changes his political party or

sectoral

affiliation

within

six

(6)

months

before

an

election,

he shall not be eligible for nomination as

party-list

representative

under

his

new

party

or

organization.

© Compiled by RGL

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