EMPOWERING OR “BASTARDIZING” PARTY-LIST GROUPS

The Philippine Star
05/07/10

On its fifth election year, the party-list system provided for in the 1987 Constitution needs to be truly empowered if it will become a system of representation that aims to protect the “marginalized and underrepresented” sectors of Philippine society.

There will be a maximum 57 congressional seats available to party-list representatives. This represents 20 percent of the number of local or district representatives that are currently being contested, as stipulated by the enabling law signed in 1995.

There are currently 187 party-list groups aspiring for seats in the House of Representatives, but 32 groups are deemed “stray” and may not be counted after Commission on Elections failed to grant them accreditation.

(These “unregistered” party-list groups have filed their appeals with the Supreme Court and/or the poll body. Votes cast for the “disqualified” organizations will be read by the precinct count optical scan or PCOS machines, but may not be counted depending on the outcome of the appeals.)

In a recent survey conducted by the Social Weather Station, 12 party-list groups were named as having the highest possibility of winning seats in the coming elections. Frontrunners assured of the maximum three seats are still Bayan Muna, Gabriela Women’s Party and Anak Pawis.

Depending on the total number of votes cast for party-list groups, a qualifying organization is guaranteed at least a seat in the House. A party-list group needs to chalk at least two percent of votes cast for party-list groups.

Rising awareness

During its first election year, as had been expected, only 26 percent of the voters that trooped to the election precincts cast a vote for a party-list group. As a result, the 38 House seats allocated to party-list groups were not filled.

The dismal turnout was blamed on the Comelec’s inability to raise voters’ awareness on the party-list system. In succeeding election years, despite the absence of a comprehensive voter education campaign on party lists, more party-list groups had signified their intention to participate while more voters exercised this right.

In 2001, by way of refining the implementing guidelines for party-list registration, the Supreme Court issued an eight-point guideline that paved the way for the disqualification of organizations that were deemed as going against the spirit of the law.

Among those that got culled were the Lucio Tan-dominated Filipino Chinese Chamber of Commerce and Industry, Inc., actor Richard Gomez’s government-funded Mamamayang Ayaw sa Droga, the True Marcos Loyalist Association, and a couple of major political parties.

For the current elections, over 260 organizations registered with the Comelec under the party-list category, while voter participation is expected to hit almost 60 percent. This is proof of the growing awareness of Filipinos about party-list voting, big thanks to the recent brouhaha over presidential son Mikey Arroyo and former energy secretary Angie Reyes’s nomination in party-list accredited organizations.

Abuse and refinements

Notwithstanding the display of a growing maturity in the party-list system, a lot more improvements could be introduced to refine further the implementing guidelines, thereby allowing less abuse and real benefits to filter down to more marginalized sectors.

Among the more controversial “abuses” include the questionable representation of certain organizations as approved by the Comelec as well as the named nominees by certain accredited party-list groups.

“Marginalized and underrepresented” has been defined by the law as groups that include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals. But it does not mean that only these said groups are marginalized. And that is where the problem lies.

And so, we have groups that speak for the interest of family planning or pro-life advocates, environmentalists, indigent student athletes, indigenous peoples, caddies and green keepers, business and science professionals, even of every conceivable regional sector such as Bicolanos, Ilokanos, Ilonggos, and Mindanaoenos.

One congressman (not a party-list nominee) has been vocal about the usefulness and appropriateness of these cultural and often language-based groups.

There are other similar problems that could be addressed by a review and subsequent improvement of the law, more so that the party-list system is fast gaining attraction, not just by Filipinos who really need representation in Congress, but also by unscrupulous politicians.

Nominees in name

Then there are those nominees who have never been born or been part of the “marginalized and underrepresented” sectors they would represent. One report has named 18 of 55 party-list representatives based on their submitted Statement of Assets and Liabilities and Networth for 2008 to be millionaires.

But the law does not discriminate “millionaires” from representing a party-list organization. In fact, the most stringent qualification in terms of representing the party-list group is that he should be a bona fide member of the party he seeks to represent for at least 90 days preceding voting day.

This does not mean though that the current law is perfect. Therefore, what is needed is to further tighten or clarify provisions such that they truly serve those who are intended to benefit.

Is the current party-list system the answer?

We are still a young democracy with a political system that continues to undergo change. Added to that is the need to address voters’ maturity level.

The current hierarchy of political personalities and parties has been severely criticized for serving only their often many vested interests. It is doubtful whether the party-list system as set by law will break the walls of self-interest that is believed to permeate the halls of Congress today.

Perhaps with more empowered party-list organizations truly representing their constituents’ interests, we will see better laws that will benefit these disadvantaged sectors of society. But first things first, let’s stop “bastardizing” the party-list system.

Should you wish to share any insights, write me at Link Edge, 25th Floor, 139 Corporate Center, Valero Street, SalcedoVillage, 1227 MakatiCity. Or e-mail me at reydgamboa@yahoo.com. For a compilation of previous articles, visit www.BizlinksPhilippines.net