THE One Filipino Worldwide (OFW) party-list group yesterday asked the Supreme Court (SC) to issue an injunction against the declaration of winners in the party-list race in the May 12 elections.
In a 28-page petition for certiorari, the group asked the High Court to issue a temporary restraining order (TRO), and/or status quo ante order, and/or a writ of preliminary injunction against the Commission on Elections (Comelec) from implementing Resolution 14-25 issued by the National Board of Canvassers (NBOC), which proclaimed the winners in the May 12 elections for the incoming 20th Congress using the formula provided in the ruling of Banat v. Comelec.
The group said the Comelec “committed grave abuse of discretion in promulgating NBOC Resolution 14-25 which allocated only 63 seats for party-list representatives” instead of the 64 mandated under the constitutional provision that 20 percent of seats at the House of Representatives should be reserved for party-list groups.
“This is not merely a numerical oversight, but a constitutional oversight,” it said.
The Comelec, sitting as the NBOC, last week proclaimed 52 party-list organizations and their 59 nominees as winners of the party-list race.
OFW ranked 59th in the final ranking released by the Comelec. It garnered 246,609 votes.
OFW party-list Rep. Marissa del Mar Magsino said they are seeking a full review and re-computation of the allocation of party-list winners.
The group argued that the current implementation practices have created an uneven playing field, allowing politically- entrenched entities to secure party-list representation at the expense of genuine sectoral voices.
Among the issues raised by the group is the continued use of the Banat formula, which the group contends favors larger, well-funded parties that surpass the two percent vote threshold.
Under the formula, the parties that receive at least 2 percent of the total votes cast for the party-list system shall be entitled to one seat each.
An additional seat is granted to a party-list which is able to secure more than two percent of the votes cast proportional to the additional percentage it got, but the maximum number of seats is only three.
“The Banat formula should be modified, if not abandoned, as it is inconsistent with, and fails to reflect, the spirit and intent of the 1987 Constitution and Republic Act No. 7941,” the petition said, referring to the SC ruling in Banat v Comelec.
In a subsequent press conference, Magsino underscored that the petition addresses deeper structural issues.
“This is no longer about procedure, it’s about preserving the integrity of a system designed to uplift the marginalized. What we’re witnessing is a systemic shift that undermines the principles behind the party-list mechanism,” she said, adding that the voices of Overseas Filipino Workers “were unfairly silenced by the inequitable seat allocation.”
“The Court has a duty to uphold the integrity of our institutions. This petition is not just about a seat. It’s about the promise that this system once held for farmers, laborers, overseas workers, and other underrepresented groups. That promise is now at risk,” she added.
First established under the 1987 Constitution, the party-list system was envisioned as a means to ensure that sectors historically excluded from legislative processes has a voice in Congress.
The OFW party-list also asked the SC to direct the poll body to review the accreditation, and disqualify and disallow the continued participation of non-marginalized groups in the party-list system.
Before filing the petition, the group staged a brief protest action in front of the SC building to dramatize their plea against the current allocation of party-list winners.
ADEQUATE BASIS
Comelec spokesperson John Rex Laudiangco said the NBOC has adequate basis to use the parameters set by the 2009 SC decision on the Banat vs Comelec case in computing the winning groups and seat allocation.
“The latest pronouncement of the Supreme Court on the issue, laid down in Banat vs Comelec, had provided the basis not just for the computation of the allocation and distribution of available party-list seats but also operationalized the constitutional precepts on the composition on the House of Representatives,” said Laudiangco.
The poll body said it welcomes the petition filed by the OFW party-list since the case may result to amendments in the existing laws.
“The Comelec welcomes any development on enriching jurisprudence on the party-list system of representation in the absence of any amendments to Republic Act 7941 on these issues as of date,” said Laudiangco.
Comelec chairman George Garcia has previously said there is a need to “overhaul” RA No. 7941, or the Party-List System Act of 1995. – With Gerard Naval
