BANAT vs. COMELEC, G.R. Nos. 179271 & 179295, April 21, 2009 and !l" #, 2009 $a%s' Bara Barangay ngay Asso Associat ciation ion for Nati National onal Adva Advancem ncement ent and Transp ranspar arency ency (BAN (BANA AT) led before the Commission on Elections (COMEEC) a petition to proclaim the f!ll n!mber of party list representatives representatives provided by the Constit!tion" #o$ever% the recommendation of the head of the legal gro!p of COMEEC&s national board of canvassers to declare the petition moot and academic $as approved by the COMEEC en banc% and declared f!rther in a resol!tion that the $inning party list $ill be resolved !sing the 'eterans r!ling" BANAT then led a petition before the C assaili assailing ng said resol!tion of the COMEEC" (ss!)s' " *+N the ,-. allocation for party/list party/list representatives representatives provided provided in ec 0 (,)% Art '1 of the Constit!tion mandatory or merely a ceiling" ," *+N the ,. threshold and 23!alier4 votes prescribed by the same ec (b) of 5A 678 constit!tional" 9" *+N the Constit!tion prohibits ma:or political parties from participating in the party/list elections" *)ld' " Neither the Constit!tion nor 5A 678 mandates the lling !p of the entire ,-. allocation of party/list representatives fo!nd in the Constit!tion" The Constit!tion% in paragraph % ec 0 of Ar Artt '1 '1%% le left ft th the e de dete term rmin inat atio ion n of th the e n! n!mb mber er of th the e me memb mber ers s of th the e #o #o!s !se e of 5epresentatives to Congress" The ,-. allocation of party/list representatives is merely a ceiling; party/list representatives cannot be more than ,-. of the members of the #o!se of 5epresentatives" ," No" The Co!rt r!led that% in comp!ting the allocation of additional seats% the contin!ed operation of the t$o percent threshold threshold for the distrib!tion of the additional seats as fo!nd in the second cla!se of ec (b) of 5A 678 is !nconstit!tional" The Co!rt nds that the t$o percent threshold ma/6 >/6%% the Co! Co!rt rt dec decide ided d to con contin tin!e !e the r!l r!ling ing in 'ete etera rans ns disallo$ing ma:or political parties from participating in the party/list elections% directly or indirectly"
