Remedial law - Motion for execution & Stay of execution
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519 Phil. 644
EN BANC [ G.R. NO. 164702, March 15, 2006 ] PARTIDO NG MANGGAGAWA (PM AND B!TI" #ARMER$ PART% (B!TI", PETITIONER$, &$. T'E 'ON. COMMI$$ION ON E"ECTION$ (COME"EC, REPRE$ENTED B% IT$ 'ON. C'AIRMAN BENAMIN ABA"O$, $R., RE$PONDENT. DECI$ION P!NO, .)
The petition at bar involves the formula for computing the additional seats due, if any, for winners in partylist elections. The antecedents are undisputed. !everal partylist participants sent "ueries to the respondent #$%&' regarding the formula to be adopted in computing the additional seats for the partylist winners in the %ay 1(, )((4 elections. *n response, the respondent #ommission issued +esolution o. 6-5, /10 adopting the simplified formula of one additional seat per additional two percent of the total partylist votes. The resolution reads2 #onsidering that the simplified formula has long been the one adopted by the #ommission and is now the formula of choice of the !upreme #ourt in its latest resolution on the matter, *h+ C--// RE$O"&ED, a/ * h+r+ RE$O"&E$, * a3* *h+ /-+3 r-a + a33*a /+a* +r a33*a *8 +rc+* *h+ **a ar*9/* :*+/ *h+ rca-a* *h+ ar*9/* 8+r/ *h+ c-; Ma 10, 2004 Na*a a3 "ca E+c*/. /)0 3emphasis supplied *n finding that this simplified formula is the formula of choice of the !upreme #ourt, respondent #ommission "uoted the memorandum of #ommissioner %ehol . !adain, #ommissioner*n#harge for Party'ist concerns, vi2 7y way of review, following is a highlight of the legal discourse on the two /percent0 vote re"uirement for the partylist system and the corollary issue on additional seat allocation. !ection 113b and !ection 1) of +.8. 941 3Party'ist !ystem 8ct provide that the
parties, organiations, and coalitions receiving at least two percent 3): of the total votes cast for the partylist system shall be entitled to one seat each, provided that those garnering more than two percent 3): of the votes shall be entitled to additional seats in proportion proportion to their total number of votes ;;;. The #$%&' shall tally all the votes for the parties, organiations, or coalitions on a nationwide basis, ran< them according to the number of votes received and allocate partylist representatives proportionately according to the percentage of votes obtained by each party, organiation or coalition as against the total nationwide votes cast for the partylist system. These provisions of /the0 statute were transformed into the following formulas by the !upreme #ourt in i n =eterans >ederation >ederation Party vs. #$%&' 3?.+. os. 16-1, 16-6 @ 1695, $ctober 6, )(((. >or the partylist candidate garnering the highest number of votes, the following formula was adopted2 Number of votes of first party Proportion of votes of first ------------------------------------------------------------------- = party relative relative to to total total votes Total tal vot votes es for for par party ty-l -lis istt sys syste tem m for for the the par party ty-l -lis istt sys syste tem m
8nd for the additional seats of other parties who reached the re"uired two percent mar<, the following formula applies2
Additional seats for concerned = party
No. of votes of concerned party ------------------------ x No. of votes of first party
No. of additional seats allocated to the first party
The applicability of these formulas was reiterated in the Aune )5, )(( +esolution of the !upreme #ourt in 8ng 7agong 7ayani$>B 'abor Party vs. #$%&', et al. 3?.+. o. 145-9 and 7ayan %una vs. #$%&', et al. 3?.+. o. 1461 penned by Austice 8rtemio Panganiban, wherein the #ourt declared that partylist 7CD8E was not entitled to an additional seat even if it garnered 4.46 /percent0 of the total partylist votes, contrary to 7CD8EFs contention which was based on the #$%&' simplified formula of one additional seat per an additional two percent of the total partylist votes. Dowever, on ovember 1(, )((, /0 the !upreme #ourt promulgated a +esolution in the same case, this time penned by #hief Austice Dilario Gavide, Ar., Ar., granting 7CD8EFs motion for reconsideration of the Aune )5, )(( +esolution, to wit2
*t is thus established in the +esolution of )5 Aune )(( that, li
Party-List roup
!otes Received
Percenta"e to Total !otes #ast $%&
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