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Pobre v sen defensorsantiagoacno7399aug252009 q

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Unformatted text preview: party‐list representatives to the wisdom of the legislature. (BANAT v. COMELEC, G.R. No. 179271, April 21, 2009) Q: How shall the party‐list representative seats be allocated? A: In determining the allocation of seats for party‐ list representatives under Section 11 of R.A. No. 7941, the following procedure shall be observed: ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 23 UST GOLDEN NOTES 2011 1. 2. 3. 4. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections. The parties, organizations, and coalitions receiving at least 2% of the total votes cast for the party‐list system shall be entitled to one guaranteed seat each. Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled to additional seats in proportion to their total number of votes until all the additional seats are allocated. Each party, organization, or coalition shall be entitled to not more than 3 seats. Note: In computing the additional seats, the guaranteed seats shall no longer be included because they have already been allocated, at one seat each, to every two percent. Thus, the remaining available seats for allocation as “additional seats” are the maximum seats reserved under the party‐list system less the guaranteed seats. Fractional seats are disregarded in the absence of a provision in R.A. 7941 allowing for a rounding off of fractional seats. (BANAT v. COMELEC, G.R. No. 179271, April 21, 2009) Q: Is the two percent threshold prescribed in Section 11 (b) R.A. 7941 constitutional? A: No. The Court therefore strikes down the two percent threshold only in relation to...
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