The Commission on Elections (COMELEC) today convened as National Board of Canvassers (NBC) and proceeded with the proclamation of qualified party-list groups entitled to party-list seats in accordance with the recent Supreme Court decision declaring unconstitutional the two percent threshold in the distribution of additional party-list seats under the Party-List System.

The land mark decision from the High Court, which paved the way for the allocation of additional party-list seats, the COMELEC noted, was anchored on the following grounds: A) The percentage of party-list votes garnered based on the National Board of Canvassers (NBC) Party-List Canvass Report No. 32 and; B) Fifty-five (55) party-list seats are available for allocation since there 220 legislative districts.

The COMELEC however said: "Several events occurred that materially affect the computation of the percentages of the votes obtained by party-list groups, as well as the total number of party-list seats that are available for allocation."

Among the events cited by the COMELEC is the issuance of NBC Report No. 33 on June 11, 2008 which updated NBC Report No. 32. "[It] resulted in changes in the percentage and ranking of party-list groups," the COMELEC said.

The cancellation of registration of party-list Filipinos for Peace, Justice and Progress Movement (FPJPM) on July 1, 2008 also contributed to the change in the party-list rankings. "Since votes obtained by disqualified parties are considered stray votes, the votes of FPJPM (301,031 votes) shall be deducted from the original total of 16,024,795 party-list votes under NBC Report No. 33. As the total votes cast for party-list was reduced to 15,723,764, the percentage and ranking of the party-list groups have again changed."

On July 16, 2008, the Supreme Court voided the Muslim Mindanao Autonomy Act No. 201 creating the Province of Shariff Kabunsuan. This SC ruling has effectively reduced the number legislative districts in the country. "Since Shariff Kabunsuan is no longer considered a province having its own legislative district, the total number of legislative districts has been reduced from 220 to 219. Accordingly, the total number of seats that may be allocated under the party-list system has also been reduced from 55 to 54."

The COMELEC further said: "Although COCOFED (Philippine Coconut Producers Federation Inc.) was included in the decision of the Supreme Court as the party-list group entitled to the last 55th seat, the number of available party-list seats for distribution, which has now been reduced to 54, could no longer accommodate COCOFED."

Also included in the Supreme Court decision that is entitled to one guaranteed seat and one additional seat is party-list group Bagong Alyansang Tagapagtaguyod ng Adhikain ng Sambayanan (BATAS). Ang Laban ng Indiginong Filipino (ALIF) is entitled also to one seat. But the poll body noted that the two party-list groups have pending cases before the Commission.

As such, the COMELEC en banc, sitting as National Board of Canvassers, today resolved to "defer the proclamation of Bagong Alyansang Tagapagtaguyod ng Adhikain ng Sambayanan (BATAS) and Ang Laban ng Indiginong Filipino (ALIF) until final resolution of their cases before the Commission, and to proclaim the following qualified party-list groups entitled to party-list seats, without prejudice to the proclamation of other party-list groups that may later on be established to have qualified for party-list seats." ###