In determining the allocation of seats for the second vote, the following procedure shall be observed:
The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes garnered during the elections.
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.
Sec. 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.
Sec. 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 the said list.
Sec. 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 of his service for the full term for which he was elected.
Sec. 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.
Sec. 16. Vacancy. – In case of vacancy in seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization, or coalition concerned shall submit additional nominees.
Sec. 17. Rights of Party-List Representatives. – Party-list representatives shall be entitled to the same salaries and emoluments as regular members of the House of Representatives.
Sec. 18. Rules and Regulations. – The COMELEC shall promulgate the necessary rules and regulations as may be necessary to carry out the purpose of this Act.
Sec. 19. Appropriations. – The amount necessary for the implementation of this Act shall be provided in the regular appropriations for the Commission on Elections starting fiscal year 1996 under the General Appropriations Act.
Starting 1995, the COMELEC is hereby authorized to utilize savings and other available funds for purposes of its information campaign on the party-list system.
Sec. 20. Separability Clause. – If any part of this Act is held invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.
Sec. 21. Repealing Clause. – All laws, decrees, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed.
Sec. 22. Effectivity. – This Act shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
Approved:
(Sgd.) EDGARDO J. ANGARA (Sgd.) JOSE DE VENECIA, JR.
President of the Senate Speaker of the House of Representatives
This Act, which is a consolidation of House Bill No. 3043 and Senate Bill No. 1913, was finally passed by the House of Representatives and the Senate on February 28, 1995.
(Sgd.) EDGARDO E. TUMANGAN (Sgd.) CAMILO L. SABIO
Secretary of the Senate Secretary General
House of Representatives
Approved: March 3, 1995
(Sgd.) FIDEL V. RAMOS
President of the Philippines
