(Pm) v. COMELEC

PUNO, J.:

The petition at bar involves the formula for computing the additional seats due, if any, for winners in party-list elections. The antecedents are undisputed. Several party-list participants sent queries to the respondent COMELEC regarding the formula to be adopted in computing the additional seats for the party-list winners in the May 10, 2004 elections.

In response, the respondent Commission issued Resolution No. 6835,1 adopting the simplified formula of "one additional seat per additional two percent of the total party-list votes." The resolution reads: Considering that the simplified formula has long been the one adopted by the Commission and is now the formula of choice of the Supreme Court in its latest resolution on the matter, the Commission RESOLVED, as it hereby RESOLVES, to adopt the simplified formula of one additional seat per additional two percent of the total party-list votes in the proclamation of the party-list winners in the coming May 10, 2004 National and Local Elections.2 (emphasis supplied) In finding that this simplified formula is the "formula of choice of the Supreme Court," respondent Commission quoted the memorandum of Commissioner Mehol K. Sadain, Commissioner-In-Charge for Party-List concerns, viz : By way of review, following is a highlight of the legal discourse on the two [percent] vote requirement for the party-list system and the corollary issue on additional seat allocation.

Section 11(b) and Section 12 of R.A. 7941 (Party-List System Act) provide that "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 xxx. 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." These provisions of [the] statute were transformed into the following formulas by the Supreme Court in Veterans Federation Party vs. COMELEC (G.R. Nos. 136781, 136786 & 136795, October 6, 2000).

For the party-list candidate garnering the highest number of votes, the following formula was adopted: Number of votes of first party