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AYOKO MAGPANGGAP.] DOCTRINE: The SC ABANDONED the Panganiban formula adopted in the case of Veterans v. COMELEC (aka Veterans Formula) WITH RESPECT TO THE COMPUTATION OF ADDITONAL SEATS of QUALIFIED PARTIES UNDER THE PARTY-LIST SYSTEM and adopted a new formula. FACTS:
POLITICAL LAW REVIEW CASE DIGESTS: CITIZENSHIP 12 AREVALO, CRUZ (CHANINE), CRUZ (CHRISTINE), DUMALANTA, GATACELO, GLORIA, GOMEZ, LAZARO, MATILLANO, MUNEZ, MURILLOThe 2007 elections included the elections for the party-list representatives. The COMELEC counted 15,950,900 votes cast for 93 parties under the Party-List System. In June 2007, BANAT filed a Petition to Proclaim the Full Number of Party-List Representatives Provided by the Constitution, before the COMELEC sitting as the National Board of Canvassers (NBC). BANAT filed its petition because the Chairman and the Members of the COMELEC have recently been quoted in the national papers that the latter is duty bound to and shall implement the Veteransruling, that is, would apply the Panganiban formula in allocating party-list seats. The Panganiban formula, hereinafter referred to as the Veterans Formula (VF)provides separate formulas for the (1) determination of meeting the 2% [of the total party-list votes cast] threshold for 1 guaranteed seat and (2) determination of the number of additional seats to be given to the FIRST party-list which received more than 2%of the votes and (3) determination of the number of additional seats to be given to the Second as provided for by RA 7941 (Party List System Act). The FIRSTformula (w/n the 2% threshold is met) is as follows: Number of votes of each party/ Total votes for the party-list system = Percentage of votes garnered by the Party If the percentage garnered is at least 2%, then the party is guaranteedONE seat. This is in consonance with the first clause of Section 11(b) of R.A. No. 7941 which states that ―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.‖This clause guarantees a seat to the two-percenters. The SECOND formula (how to determine the additional seats if the percentage is more than2% for the FIRST party) is as follows: No. of votes of FIRST1party/ Total No. For Party List System = Proportion of Votes of FIRST party relative to total votes for the Party List System 1First partyis the party garnering the highest number of votes among all party-candidates and accordingly, has the highest percentage as against the total number of votes cast for the party list.The only basis given by the law is that a party receiving at least two percent of the total votes shall be entitled to one seat. Proportionally, if the first party were to receive twice the number of votes of the second party, it should be entitled to twice the latter’s number of seats and so on.