C. Political Parties and the Party-List System of Representation (RA 7941 in relation to CR 9366 and 10878)

Manner of Constitution

Elected on the basis of proportional representation from the political parties and party-list organizations within 30 days after the Senate and the House of Representatives shall have organized with the election of the Senate President and the Speaker of the House (PHIL. CONST., art. VI, § 19.)

The Constitution does not require that the “political parties” be registered before the COMELEC. (Daza v. Singson, G.R. No. 86344, Dec. 21, 1989)

The minimum required number of elected senators belonging to the same political party in order for the party to qualify for a seat in the CA is at least two (2) elected senators for every seat in the CA. (Guingona v. Gonzales, G.R. No. 106971, March 1, 1993).

The Constitution does not require that the full complement of 12 senators be elected to the membership in the CA before it can discharge its functions and that it is not mandatory to elect 12 senators to the CA (Guingona vs. Gonzales, G.R. No. 106791, March 1, 1993).

The two Houses have primary jurisdiction on who should sit in the CA. This includes determination of party affiliation and number of party members for purpose of determining proportional representation (Drilon v. De Venecia, G.R. No. 180055, July 31, 2009).

B.P. 222

B.P. 222, which prevents political parties and groups from supporting directly or indirectly any barangay candidate’s campaign for election does not violate the right to form associations. [T]he ban is narrow, not total, and has the purpose of preventing the clear and imminent danger of the debasement of the electoral process. It operates only on concerted or group action of political parties. (Occeña v. COMELEC, G.R. No. L-60258, 1984)