LENTE Position on Impact of “NOTA” on the Results of BARMM Parliamentary Elections

QUEZON CITY (August 20, 2025) — LENTE believes that the Filipino people should always be given an actual and genuine choice when it comes to every election.

In line with this, the ideal policy framework is one where “None of the Above” (NOTA) is able to impact the results of the election, whether NOTA gains a plurality or majority. However, as currently written, the legal framework of the Bangsamoro Parliamentary Elections is insufficient in allowing NOTA to “win” an election.

​1. None of the Above should NOT be considered in computing for the allocation of seats for Regional Parliamentary Political Parties

The Bangsamoro Electoral Code outlines the specific manner in which party seats should be allocated. The provision provides that the first step in the manner of allocation of seats should be the identification of parties receiving at least four per cent of the total valid votes cast:

“SECTION 12. Manner of Allocation of the Party Representation Seats. –a. Only parties receiving at least four percent (4%) of the total valid votes cast for the party representation elections shall be qualified to participate in the allocation of party representation seats.”​ [1]
Both the Bangsamoro Electoral Code and its Implementing Rules and Regulations provide for the definition of parties:

“Section 5(n). Regional political parties are organizations formed by a group of citizens in the Bangsamoro on the basis of the same ideology and common aspirations and aims to have members elected to the Parliament and the local constituent units so that they can affect the way autonomy is meaningfully exercised in the governance of the Bangsamoro.”​ [2]

“Section 6(q): Regional Parliamentary Political Parties (“RPPP”) refers to organizations formed by a group of citizens in the Bangsamoro on the basis of the same ideology and common aspirations and can field: (1) nominees for the forty (40) seats reserved for party representatives to the Parliament; and (2) candidates for election in the local constituent units; and are registered and/or accredited under the BEC and Rule 32 of the CROP;”​ [3]

As “None of the Above” does not fall within the definition of a political party as provided, votes cast in its favor should not be considered for the purposes of allocating seats for a party representative. Therefore, only the valid votes cast for political parties shall be considered in computing the 4% threshold and the subsequent steps in proportionally allocating seats to parties based on the votes they received.

​2. Votes for NOTA should NOT impact the election of district representatives, as NOTA is not considered a candidate

The Bangsamoro Electoral Code also provides that district representatives shall be chosen by direct plurality:

“SECTION 13. Parliamentary District Seats. – Not more than forty percent (40%) of the members of the Parliament shall be elected from single-member parliamentary districts apportioned for the areas and in the manner provided for by the Parliament. The district representatives shall be elected through direct plurality vote by the registered voters in the parliamentary districts….”​ [4]

The IRR of the Bangsamoro Electoral Code also provides a definition for candidates. It defines candidates as individuals who filed their Certificate of Candidacy:

“IRR, Art. I, Sec. 6 (Definitions): “Candidate refers to individuals who filed their Certificate of Candidacy within the period prescribed by the Commission for the purpose of participating in the elections.”​ [5]
A reading of these two provisions will lead to the conclusion that NOTA cannot be considered a candidate, as NOTA is not an individual. Therefore, even if NOTA obtains a plurality or majority of the vote, the individual who filed their Certificate of Candidacy should be considered elected.

A close reading of the Bangsamoro Electoral Code shows that the legislature did not intend for NOTA to directly affect election outcomes. The provision on NOTA appears only in Article VII, Chapter 1, Section 14, which defines the form and contents of the official ballot. By placing it in a section on ballot design and rules on election campaign, lawmakers signaled that NOTA was intended as a ballot feature to capture voter sentiment, not as a rule governing the proclamation of winners.

In contrast, the operative rules on seat allocation and determination of winners are found elsewhere. Article IV prescribes the method for allocating party representatives through proportional representation, and that district representatives are elected through direct plurality of votes. Provisions on disqualification are also set out separately in the Code and its IRR. Notably, NOTA is absent from all of these operative provisions, underscoring that it was never intended to affect the proclamation of winners or the allocation of seats.

The separation is significant. By including NOTA in the article on ballot structure but omitting it from provisions that define how seats are won or lost, the Code makes clear that NOTA was never intended to change or invalidate election results. Under the current framework, NOTA serves only as a channel for expressing voter dissatisfaction, not as a determinative factor in seat allocation or candidate qualification.
​

3. Distinguishing NOTA from the Second Placer Rule under the Bangsamoro Legal Framework

In Datu Pax Ali S. Mangudadatu v. Commission on Elections, the Supreme Court categorically abandoned the “second placer rule,” rejecting the idea that the runner-up may be proclaimed when the leading candidate is disqualified, since this transfers office to one who never received the people’s mandate.​[6]

Under the Bangsamoro Electoral Code and its IRR, however, proclamation is expressly based on the candidate who obtains the highest number of valid votes cast. NOTA, as proposed, does not alter this statutory framework. NOTA is a recognized mark on the ballot, but not counted as a valid vote for purposes of determining who is elected.

By definition, NOTA functions as a political expression of rejection, not as a candidate entitled to proclamation. Therefore, even if NOTA receives more support than any individual candidate, the candidate with the highest number of valid votes still rightfully assumes office, consistent with both the Electoral Code and the principle reaffirmed in Mangudadatu. In this way, NOTA provides a channel for voter dissent and accountability without contravening the legal and constitutional requirement that elected office can only be vested in one who secures the plurality of valid votes.

Moving Forward and Call to Action

LENTE reiterates the belief that the ideal policy framework is one where NOTA is able to impact the results of the election, whether NOTA gains a plurality or majority. This is the policy framework that enhances accountability, transparency, and inclusiveness in the electoral process, thereby strengthening public confidence in our democratic institutions.

However, with the current legal framework incapable of producing this result, LENTE calls on the new parliament and COMELEC, with the Bangsamoro Electoral Office, to enhance the Bangsamoro Electoral Code to lay out a clear policy that can allow NOTA to impact the elections when chosen upon by the electorate.

While NOTA is currently unable to impact election results, the value of NOTA is not lost. It remains a legitimate and powerful expression of dissent that registers public dissatisfaction with the choices offered. Even as a symbolic vote, NOTA serves as an important barometer of political legitimacy, sending a signal to parties, candidates, and institutions that citizens expect higher standards of leadership and governance.

By capturing this sentiment within the official results, NOTA prevents voter disengagement from being hidden in abstention or invalid ballots and instead channels it into constructive feedback for the political system. In this sense, NOTA operates as both a democratic safeguard and an instrument for building a more responsive and accountable government.

LENTE further calls on the relevant election stakeholders, including COMELEC, Civil Society Organizations, and the media, to strengthen education and advocacy around the value of voting NOTA. This will play an important role in dispelling uncertainty and hesitation that often accompany new electoral innovations, and in ensuring that the public understands NOTA not as apathy but as a deliberate act of democratic participation.

Finally, we call on the public to view NOTA as an empowering tool to hold candidates and political parties accountable. By making informed choices, including the choice to reject inadequate options, citizens strengthen the democratic process and help build a political culture that prioritizes integrity, competence, and genuine representation. ###