CenPEG fellow urges overhaul of 'mangled' party-list system

A fellow of the Center for People Empowerment in Governance (CenPEG) has called for sweeping reforms to the country's party-list system, arguing that it has drifted away from its constitutional purpose of representing marginalized and underrepresented sectors.

Dr. Felix P. Muga II, a CenPEG fellow and associate professor of mathematics at Ateneo de Manila University, said flaws in the electoral system and the 2009 Supreme Court ruling in BANAT v. Commission on Elections have weakened the integrity of the party-list system.

"The party-list system was envisioned as a mechanism for empowering marginalized and underrepresented sectors. Instead, it has become vulnerable to elite capture, political dynasties, and judicially created distortions that have weakened democratic representation," Muga said.

In a recently completed research paper, Muga argued that the BANAT ruling effectively dismantled the two-percent vote threshold under Republic Act No. 7941 by allowing party-list groups that failed to meet the minimum requirement to obtain seats in the House of Representatives.

"The two-percent threshold was intended to serve as a democratic qualifier—a minimum test of public support. By allowing non-qualifying groups to receive seats, the Court transformed a clear statutory gatekeeper into an optional rule," he said.

According to Muga, the ruling lowered barriers to entry and contributed to the proliferation of party-list organizations, making the system more susceptible to political elites and vested interests.

He maintained that a mathematically sound allocation formula, specifically the Largest Remainder Method, could distribute all available seats among qualifying parties without abandoning the statutory threshold.

Muga also identified the three-seat cap under the party-list law as another source of distortion, saying it encourages political fragmentation and the creation of multiple party-list organizations by powerful political interests.

"What was intended as a vehicle for marginalized representation has, in many cases, become an additional avenue for elite political participation. Unless reforms are undertaken, the party-list system risks losing public legitimacy altogether," he said.

Among the reforms proposed by Muga are restoring the two-percent vote threshold as a strict qualification requirement, repealing the BANAT mechanism that allows sub-threshold groups to obtain seats, adopting the Largest Remainder Method for seat allocation, removing the three-seat cap, strengthening safeguards against political dynasties and vested interests, and clarifying constitutional and statutory rules governing seat allocation.

CenPEG said meaningful party-list reform should form part of broader efforts to strengthen democratic institutions, improve political representation and uphold the Constitution's commitment to social justice and people empowerment.