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14
The Commission on Elections soon discovered that it could not fill the required
20 percent of House seats. The culprit is
the Party-List Acts 2-percent threshold.
A party must receive at least 2 percent of
the votes to qualify for a seat. However, 55
seats multiplied by 2 percent is 110 percent
of the vote, clearly an impossible figure only Garci could meet.
The 2-percent threshold appears based
on the original 250 seats of the House20
percent of 250 is 50, and 100 percent divided by 50 seats is 2 percent per seat.
However, even 50 seats will be filled only in the idealized scenario in which exactly
50 parties each receive exactly 2 percent of
the vote. The moment a 51st party enters
and receives 0.01 percent of the vote (or if
one of the 50 parties receives 2.01 percent), the 50th seat will be left empty because the last 2 percent block cannot be
completed. The 2 percent thresholds
mathematical absurdity is increasingly obvious because the House expands to match
population growth.
German system
Thus, the imported concept of a 2-percent threshold must be viewed with trepidation, especially given how the Supreme
Court has treated the three-seat cap, which
has no equivalent in the German system.
The Supreme Court soon found itself
caught between the Scylla of the Party-List
Acts 2-percent threshold and the Charybdis of the Constitutions 20-percent requirement. Appallingly, it ruled in its 2000
Errors
The Veterans formula begins by allocating seats to the party with the highest
vote. It allocates one
seat for each 2 percent
of the vote this first
party has obtained, up
to the three-seat cap.
This is its first error, as
Veterans fails to explain why the first party is subject to a separate formula, and fails
to even explain the rationale for this separate formula (which appears to be the mathematically absurd 2 percent per seat ratio).
The Veterans formula then allocates seats to
each other qualifying party. It assigns one seat
each then allocates additional seats by dividing
each partys vote by the first partys vote, then
multiplying the result by the first partys additional seats beyond its first (usually two). In its
second error and contrary to the Party-List Act
requirement, the Veterans formula is not proportional and does not form a rough straight
line when graphed. (See chart beside Figure 3)
(Using Buhays present 8.10 percent, the
formula would allocate no seats to parties
with 0-1.99 percent, one to those with
2.00-4.04 percent, and two to those with
4.05-8.09 percent.)
The Veterans formula allows only the first
party to receive the maximum number of
seats, its third error. Even if the second party
obtains just one vote less, it will still receive
one seat less. This breaks proportionality because such results are practically equal, since
one cannot allocate fractions of seats.
Worse, the strongest parties are irrationally
forced to compete because only one will be allotted the three-seat maximum no matter how
high their percentages.
Inconsistent
Proposed formula
Problem: Veterans does not explain why there is a separate formula for the first party. It also does not explain the
rationale behind this separate formula.
Seats
0
1+ 0
1+ 1
1+ 2
Percentage
of vote of party
8.10% (Buhay
percentage)
2 seats (additional
seats allocated
to Buhay)
Seats
0
3.00 - 5.99
1+ 1
3.5
3
2.5
1+ 0
2.00 - 2.99
Seats
6.00
1.5
1
0.5
0
4
Votes
Figure 4: Veterans formula seat allocation given Buhay's 8.10% (not proportional)
Percentage of votes
Seats
0 - 1.99
2.00 - 4.04
1+ 0
4.05 - 8.09
1+ 1
8.10
1+ 2 (Buhay only)
Seats
0 - 1.02
Partys percentage
1.03 - 2.05
2.06 - 3.08
3.09 or higher
1.03% (Aghams
percentage)
Seat allocation
(drop fractions,
subject to
tiebreaker
function)
Figure 6: Application of proposed formula using latest Comelec data (as of June 9)
TOTAL
13,719,165
Party
Buhay
Bayan Muna
Cibac
Gabriela
Apec
A Teacher
Akbayan
Butil
Alagad
Batas
Coop-Natco
Anakpawis
Abono
Agap
ARC
An Waray
FPJPM
Amin
ABS
Kabataan
Aba-Ako
Senior Citizens
Kakusa
VFP
Uni-Mad
Anad
Banat
Abakada
Bantay
1-Utak
Cocofed
Agham
Party's
votes
1,111,035
903,600
720,153
566,571
479,608
446,929
420,910
403,209
402,918
360,277
341,971
340,392
333,603
319,311
295,499
270,791
258,773
252,250
213,927
211,074
205,344
198,948
190,368
183,779
182,354
169,525
167,222
161,141
160,568
154,589
145,176
141,773
55
20
Party %
of vote
Proposed
formula
ratio
Proposed
formula
seat assign
Supreme
Court
formula ratio
Supreme
Court
seat assign
8.10
6.59
5.25
4.13
3.50
3.26
3.07
2.94
2.94
2.63
2.49
2.48
2.43
2.33
2.15
1.97
1.89
1.84
1.56
1.54
1.50
1.45
1.39
1.34
1.33
1.24
1.22
1.17
1.17
1.13
1.06
1.03
7.84
6.37
5.08
4.00
3.38
3.15
2.97
2.84
2.84
2.54
2.41
2.40
2.35
2.25
2.08
1.91
1.83
1.78
1.51
1.49
1.45
1.40
1.34
1.30
1.29
1.20
1.18
1.14
1.13
1.09
1.02
1.00
3 (7)
3 (6)
3 (5)
3 (4)
3
3
2+1
2
2
2
2
2
2
2
2
1+1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2.00
1.63
1.30
1.02
0.86
0.80
0.76
0.73
0.73
0.65
0.62
0.61
0.60
0.57
0.53
0.49
0.47
0.45
0.39
0.38
0.37
0.36
0.34
0.33
0.33
0.31
0.30
0.29
0.29
0.28
0.26
0.26
1+ 2
1+ 1
1+1
1+1
1+0
1+0
1+0
1+0
1+0
1+0
1+0
1+0
1+0
1+0
1+0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
simply does not assign seats to parties below this threshold. Similarly, the three-seat
cap may be increased and the formula
works the same way.
Solution: If the
mathematically absurd 2% threshold
is struck down, the
proposed formula
completely fills up
the constitutionally
required 20% of the
House in a proportional manner, factoring in the vote
dispersion unique
to the Philippine
party-list system.
The strong parties
high votes do not
drive down other
parties votes.
92
Number
of party-list groups
13.7
million
Count of votes
for party-list groups
as of June 9
Constitution must be protected from a dictators lust for power and our laws mathematical shortcomings.
(Oscar Franklin B. Tan graduated from Harvard Law School on June 7, where he was chosen to speak at the commencement ceremony,
and from the UP College of Law in 2005, where
he chaired the Philippine Law Journal. He
graduated from the Ateneo de Manila in 2001,
majoring in Management Engineering and
Economics. This article is adapted from The
Philippine Party-List Experiment: A Tragedy of
Flawed Mathematics and Policy (Philippine
Law Journal, Volume 78, page 735), his 76page-freshman-year article informally supervised by Dean Pacifico Agabin and awarded UP
Laws first Justice Vicente V. Mendoza legal
writing prize. The article can be downloaded at
http://www.xavier97.com/oscar.)