Following the return of Gabriela Women’s Party to the House of Representatives, the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) asked the Supreme Court to stop its proclamation, citing a breach of the constitutional 20% cap on party-list seats.
NTF-ELCAC filed the petition on September 17 via the Office of the Solicitor General, stating that upping the seats to 64 is “unconstitutional.”
“Mathematics is not up for creative interpretation. At 254 districts, the lawful ceiling computes to 63 party-list seats. A 64th seat crosses the constitutional line and distorts the people’s mandate,” NTF-ELCAC Executive Director Undersecretary Ernesto Torres Jr. said.
“Every seat added beyond the 20% limit is one seat too many — unlawful, corrosive of institutional integrity, and ultimately a disservice to voters,” he added.
Meanwhile, the Commission on Elections (COMELEC) insisted that the 64th seat allocation complies with the mandate that party-list representatives constitute 20% of the House, and they are prepared to defend their position before the Court.
“Conflict of interpretations on a question of law is ripe for judicial review. We will defend our stand,” COMELEC Chairperson George Garcia emphasized.
Initially, the commission declared 63 party-list seats, but upon further study and motion by the Philippine Resilient Electric Cooperatives and Consumers Alliance (PhilRECA) Party-list, it was recognized that 64 seats would “more accurately” fulfill the 20% seat allocation.
Declaring 63 seats translates to about 19.87% of the total 317 seats in the House, slightly below the mandate. Allocating 64 seats rounds this up to approximately 20.13%, thereby “complying with the Constitution.”
“Gusto lang namin iparating sa lahat na kapag point something, hindi isang tao. Therefore, hindi dapat rounded off,” Garcia stated.
The addition increases the total number of seats in the House from 317 to 318, which is a unanimous decision of the COMELEC in their En Banc resolution.
Gabriela’s first nominee Sarah Elago expressed readiness for their immediate assumption of office and commitment to filing priority bills, emphasizing the importance of timely representation for Gabriela and women’s issues.
“We will continue to push for women’s and LGBTQ+ rights, and we will fight corruption in government,” she stated.
In March 2025, Gabriela filed a complaint against NTF-ELCAC over alleged red-tagging and gender-based harassment of its members.
