ELECTIONS LAWS OF GOVERNMENT AND PUBLIC.pdf

Election laws topics.

1. PARTY SYSTEM AND THE
ELECTIONS
(REPUBLIC ACT 7491 “PARTY-LIST SYSTEM ACT”)

2. PARTY-LIST SYSTEM
is a mechanism of proportional representation in the
election of representatives for the House of
Representatives from National, Regional, and Sectoral
Parties, organizations or coalitions.
KIND OF PARTY
Parties are either POLITICAL , SECTORAL, or
COALITION parties.

3. POLITICAL
refers to an organized group of citizens advocating an ideology
or platform, principles, and policies for general conduct of
government.
SECTORAL
refers to an organized group of citizens belonging to any of the
sectors, whose principal advocacy pertains to the special
interest and concerns of their sector.
COALITION
refers to an aggrupation of duly registered national, regional,
sectoral parties or organization for political and/or election purpose.

4. Q1. HAPDI at KIROT (HK) Party-list is a nationwide party which
has 1065 members coming from Barangay Officials,
Municipalities, Provincial Government Offices and National
Government Offices. The President itself is a member of it,
promoting the idea of “Glory is yours to gain if you master the
elections’ pressure and pain.” and Conservatism during election
period.

After the elections, members moved-on and attend their own
political agendas. This 2025, the President plans to reactivate
the organization. What kind of Party are they?

5. Q1. COALITION, the party itself are intended just to participate in
the elections. Although, they have the same ideology and
principles during elections, this does not remove a fact that the
organization is only active during the election season.

6. REGISTRATION PROCESS
(Sec. 5, Republic Act 7491)

7. REGISTRATION PROCEDURES
•Any organized group of persons may register a party.
•Must submit the necessary requirements on COMELEC, ninety
(90) days before elections.
•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 that sixty (60) days before
elections.

8. REQUIREMENTS
•Petition Letter signed by Organization President or
Secretary stating their desire to participate as party-list.
•A copy of organizations’ Constitution and By-Laws
•Platforms or Program of Government
•List of Officers
•COALITION agreement
•Other documents required by COMELEC

9. REMOVAL, VACANCY, AND
VOTING PROCEDURES

10. REMOVAL AND CANCELATION
OF REGISTRATION
(SEC. 6, REPUBLIC ACT 7491)

11. •It is religious sect or denomination
•It advocates violence or unlawful means
•It is a foreign party of funded from foreign party or political person
•It violates or fails to comply with laws, rules or regulations relating to
elections
•It declares untruthful statements in its petitions,
•It has ceased to exist for at least one (1) year; or
•It fails to participate in the last two (2) preceding elections or fails to
obtain at least two percentum (2%) of the votes cast under the party-list
system in the two (2) preceding elections for the constituency in which it
has registered.
FOLLOWING GROUNDS FOR REMOVAL
AND CANCELATION OF PARTY-LIST

12. MANNER OF VOTING
every elections, voters’ shall be entitled to one (1) vote
per party-list candidate.
PARTYLIST REPRESENTATIVE
shall be proclaimed by the COMELEC based on the
list of names submitted by the respective parties.

13. TERM OF OFFICE
Party-list representative shall be elected for a term of three
(3) years. Unless otherwise provided by law. No party shall
represent for more than three (3) consecutive terms.
(Sec. 14, Republic Act 7491)

14. OFFICE VACANCY
vacancy shall be automatically filled by the next
representative from the list of nominees in the order
submitted to the COMELEC.
(Sec. 16, Republic Act 7491)

15. Q1. BINI Party-list, otherwise known as, ”Binhi and National
Irrigation Party” –a certified party-list by COMELEC, almost won
the elections by one (1) vote against TICTOOK Party during the
2025 mid-term elections.

On 2026, TICTOOK Party Representatives Rep. Ann De Vera and
Rep. Ram Fernando resigned on their post for personal reasons.
The BINI Party-list expected the seat in the House of
Representative. Should they be entitled for it? Should their head
Rep. Maloi be a member of the House of Representatives?

16. A1. No. Republic Act 7491 Section 16, provided, vacancy from
office of House of Representatives due to the resignation of a
head of the seating party-list, must be filled by the next person
based on the list submitted by the party to COMELEC. TICTOOK
Party will still remain in the Congress – BINI Rep. Maloi shall be
guided by the grip of Section 16 R.A. 7491.

17. Q2. Rep. Nica Ramirez was a three (3) termer representative of
LAKAS BEAUTICIANS at MANGGAGAWA (LBM). On her second
term, she resigned and was succeeded by Rep. Nicanor Cruz.
On the next mid-term elections, May 9, 2025 the LBM Party
listed Rep. Nica Ramirez as their party bearer and filed their
candidacy for the 2025 elections. Should they be allowed to
proceed with the elections? Why?

18. A2. No. Section 14 of Republic Act 7491 prescribes that party
shall not be elected for three (3) consecutive terms. The LAKAS
BEAUTICIANS at MANGGAGAWA (LBM) is considered disqualify
in the elections as they finished their there (3) consecutive term
in office despite of changing their party bearer.

19. Q3. Iglesia ni Ron Ron party (IRR Party-list), a religious sect that
tackles religious issues and has member of multiple religious
entities run for the 2025 mid-term elections. They argued that
the COMELEC decision to let Pastor Apple Kivolor is an enough
reason for religious sects participates in policy making and
governance. Iglesia ni Ron Ron won the ”Yeses” of the public of
about 70% of the total voters listed by the COMELEC. Should
they be allowed to hold a seat in the Congress?

20. A3. They should be disqualified on the registration of party-list.
Aside from the 1987 Philippine Constitution and By-Laws, Article
II, Section 6. The IRR Party-list is considered a religious sect
which a culpable violation of Republic Act 7491, Section 6 of the
Party-List System Act. The IRR Party in the first place shall not
be certified and must be out-listed by the COMELEC in the
certified list Party-list.