House of Representatives of The Philippines - Sectoral Representation

Sectoral Representation

The party-list system is the name designated for sectoral representation. Under the 1987 Constitution, the electorate can vote for certain party-list organizations in order to give voice to significant minorities of society that would otherwise not be adequately represented through geographical district. From 1987-1998, sectoral representatives were appointed by the President.

Since 1998, each voter votes for a single party-list organization. Organizations that garner at least 2% of the total number of votes are awarded one representative for every 2% up to a maximum of three representatives. Thus, there can be at most 50 sectoral representatives in Congress, though usually no more than 20 are elected because many organizations do not reach the required 2% minimum number of votes.

After the 2007 election, in a controversial decision, the Supreme Court ordered the COMELEC to change how it allocates the party-list seats. Under the new formula only one party will have the maximum 3 seats. It based its decision on a formula contained in the VFP vs. COMELEC decision. In 2009, in the BANAT vs. COMELEC decision, it was changed anew in which parties with less than 2% of the vote were given seats to fulfill the 20% quota as set forth in the constitution.

Aside from determining which party won and allocating the number of seats won per party, another point of contention was whether the nominees should be a member of the marginalized group they are supposed to represent; in the Ang Bagong Bayani vs. COMELEC decision, the Supreme Court not only ruled that the nominees should be a member of the marginalized sector, but it also disallowed major political parties from participating in the party-list election. However, on the BANAT decision, the court ruled hat since the law didn't specify who belongs to a marginalized sector, the court allowed anyone to be a nominee as long as the nominee as a member of the party (not necessarily the marginalized group the party is supposed to represent).