Procedure in allocating seats for party-list representatives

Section 12 of R.A. No. 7941 provides for the procedure in allocating seats for the party-list system:

SEC. 12. Procedure in Allocating Seats for Party-List Representatives. - The COMELEC shall tally all the votes for the parties, organizations, or coalitions on a nationwide basis, rank them according to the number of votes received and allocate party-list representatives proportionately according to the percentage of votes obtained by each party, organization, or coalition as against the total nationwide votes cast for the party-list system.

In BANAT v. COMELEC,(Supra note 9, at 162) the Supreme Court laid down the following procedure in determining the allocation of seats for party-list representatives under Section 11 of R.A. No. 7941:

1. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections.
   
   
2. The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled to one guaranteed seat each.
   
   
3. Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled to additional seats in proportion to their total number of votes until all the additional seats are allocated.
   
   
4. Each party, organization, or coalition shall be entitled to not more than three (3) seats.