Banat v comelec gr no 179271 april 21 2009

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Unformatted text preview: ral affiliation within 6 months before an election, he shall not be eligible for nomination as party‐list representative under his new party or organization (Amores v. HRET, G.R. No. 189600, June 29, 2010). Note: In case of vacancy in the seat 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. Q: Does the Constitution preclude Congress from increasing its membership? A: The Constitution does not preclude Congress from increasing its membership by passing a law, other than a general re‐apportionment law. Thus, a law converting a municipality into a highly urbanized city automatically creates a new legislative district, and consequently increases the membership of the HoR (Mariano v. COMELEC, G.R No. 118577, Mar. 7, 1995). Q: What is the formula mandated by the Constitution in determining the number of party‐list representatives? A: The House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law. (Section 5 [1], Article VI of the 1987 Constitution). The number of seats available to party‐list representatives is based on the: Ratio of party‐list representatives to the total number of representatives. Accordingly, we compute the number of seats available to party‐list representatives from the number of legislative districts. Number of seats available Number of to legislative x 0.20 = seats districts available to 0.80 party‐list representatives This formula allows for the corresponding increase in the number of seats available for party‐list representatives whenever a legislative district is created by law. After prescribing the ratio of the number of party‐ list representatives to the total number of representatives, the Constitution left the manner of allocating the seats available to...
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