Party-List Accreditation in the Philippines: How Groups Register with COMELEC

The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the Commission on Elections (COMELEC), as defined in Section 3 of Republic Act No. 7941, the Party-List System Act. Accreditation, in practice, means registration with the COMELEC so that a group may be voted for and, if it obtains the required number of votes, earn seats in the House of Representatives. Registration is not automatic and is not permanent: the law fixes deadlines, documentary requirements, and grounds for refusal or cancellation.

Who may register as a party-list group

Any organized group of persons may register as a party, organization or coalition for purposes of the party-list system. Under Section 5 of Republic Act No. 7941, the group files with the COMELEC a petition verified by its president or secretary stating its desire to participate in the party-list system as a national, regional or sectoral party or organization, or a coalition of such parties or organizations.

The petition must attach the group's constitution, by-laws, platform or program of government, list of officers, coalition agreement, and other relevant information as the COMELEC may require. The law specifies that the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.

The law distinguishes among the types of participants. A political party is an organized group of citizens advocating an ideology or platform and regularly nominating and supporting candidates for public office; it is national when its constituency is spread over at least a majority of the regions, and regional when spread over at least a majority of the cities and provinces comprising the region. A sectoral party is an organized group belonging to any of the enumerated sectors whose principal advocacy pertains to the special interest and concerns of their sector. A coalition is an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes.

The registration deadline and publication requirement

Timing is critical. The petition must be filed with the COMELEC not later than ninety (90) days before the election. The COMELEC then publishes the petition in at least two national newspapers of general circulation.

After due notice and hearing, the COMELEC resolves the petition within fifteen (15) days from the date it was submitted for decision, but in no case later than sixty (60) days before the election. Not later than sixty (60) days before election, the COMELEC prepares a certified list of national, regional, or sectoral parties, organizations or coalitions which have applied or manifested their desire to participate, and distributes copies to all precincts for posting in the polling places on election day. The names of the party-list nominees are not shown on the certified list.

Groups already registered with COMELEC

A party, organization, or coalition already registered with the COMELEC need not register anew. Under Section 4 of Republic Act No. 7941, such a group files instead a manifestation of its desire to participate in the party-list system, also not later than ninety (90) days before the election.

Grounds for refusal or cancellation of registration

The COMELEC may, on its own initiative or upon a verified complaint of any interested party, refuse or cancel a registration after due notice and hearing. Section 6 of Republic Act No. 7941 lists the grounds:

• It is a religious sect or denomination, organization or association organized for religious purposes;
• It advocates violence or unlawful means to seek its goal;
• It is a foreign party or organization;
• It is receiving support from any foreign government, foreign political party, foundation, or organization, directly or indirectly, for partisan election purposes;
• It violates or fails to comply with laws, rules or regulations relating to elections;
• It declares untruthful statements in its petition;
• It has ceased to exist for at least one (1) year; or
• It fails to participate in the last two preceding elections, or fails to obtain at least two percent (2%) of the votes cast under the party-list system in the two preceding elections for the constituency in which it has registered.

The last ground deserves emphasis: a group that neither participates nor reaches the two-percent threshold in two consecutive elections risks losing its registration. Accreditation therefore carries continuing obligations, not just a one-time filing.

Tax and record-keeping duties after accreditation

Registration with the COMELEC is not the only compliance step. Under Revenue Memorandum Circular No. 15-2013, all political parties including party-list groups are required to register with the Bureau of Internal Revenue, issue official receipts, and withhold taxes pursuant to Revenue Regulations No. 8-2009. Registration is made with the Revenue District Office having jurisdiction over the group's head office or principal office.

The same circular requires party-list groups to register books and keep adequate accounting records such as a Cash Receipts Journal and Cash Disbursements Book or their equivalents. Records of contributions and expenditures, together with all pertinent documents, must be preserved for at least three (3) years after the holding of the election to which they pertain, and produced for inspection when authorized.

Nominations and qualifications of nominees

Once registered, a group that intends to be voted for must submit a list of nominees. Section 8 of Republic Act No. 7941 requires each registered party, organization or coalition to submit to the COMELEC, not later than forty-five (45) days before the election, a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes. A person may be nominated in one list only, and only persons who have given their consent in writing may be named. The list cannot include a candidate for any elective office or a person who lost a bid for elective office in the immediately preceding election.

Nominees must meet the qualifications in Section 9: natural-born citizen of the Philippines, registered voter, resident of the Philippines for not less than one (1) year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization for at least ninety (90) days preceding the day of the election, and at least twenty-five (25) years of age on the day of the election. A youth sector nominee must be at least twenty-five but not more than thirty years of age on election day.

Frequently asked questions

How do you register a party-list group in the Philippines? File a verified petition with the COMELEC not later than ninety (90) days before the election, attaching the constitution, by-laws, platform or program of government, list of officers, and other required information. The COMELEC publishes the petition in at least two national newspapers and resolves it after notice and hearing.

What is the deadline for party-list registration? The petition, or the manifestation for groups already registered, must be filed not later than ninety (90) days before the election under Sections 4 and 5 of Republic Act No. 7941.

Can COMELEC cancel a party-list registration? Yes. Under Section 6, the COMELEC may refuse or cancel a registration after due notice and hearing on grounds such as being a religious sect, advocating violence, being a foreign party, receiving foreign support for partisan election purposes, declaring untruthful statements, ceasing to exist for at least one year, or failing to participate or reach two percent of the votes in the last two preceding elections.

Practical takeaways

• Registration or manifestation must be filed with the COMELEC not later than ninety (90) days before the election.
• The petition must be verified by the president or secretary and accompanied by the constitution, by-laws, platform, and list of officers.
• Groups already registered with the COMELEC need only file a manifestation of intent to participate.
• Registration can be refused or cancelled on the grounds in Section 6, including failure to participate or reach two percent in two preceding elections.
• Party-list groups must also register with the BIR, keep accounting records, and preserve contribution and expenditure records for at least three years after the election.

Primary sources

The rules discussed above are drawn from the following primary sources. Where the firm's library holds the document as a PDF it is embedded here in full; the rest are cited by title.

RMC No. 15-2013 — Publishes and implements pertinent provisions of Resolution No. 9476 issued by the Commission on Elections (COMELEC) on June 2012 Digest | Full TextOpen in Law LibraryDownload PDF

• REPUBLIC ACT NO. 9369 - AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED "AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, TO ENCOURAGE TRANSPARENCY, CREDIBILITY, FAIRNESS AND ACCURACY OF ELECTIONS, AMENDING FORTHE PURPOSE BATAS PAMBANSA BLG. 881, AS AMENDED, REPUBLIC ACT NO. 7166 AND OTHER RELATED ELECTION LAWS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES"

• REPUBLIC ACT NO. 7941 - AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.